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Home My WebLink Aboutbocc.res.023.2012 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SUPPORTING THE GRANT APPLICATION FOR A LOCAL PARKS AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND AND IMPLEMENTATION OF THE REDSTONE PARKS AND OPEN SPACE MANAGEMENT PLAN FOR ELK PARK RESOLUTION NO. 043 -2012 WHEREAS, Pitkin County Board is the owner of a 3.2 -acre property known as Elk Park, purchased in part using Open Space and Trails funds for the purpose of providing a public park in the Redstone area; and WHEREAS, after extensive public scoping and with the help of the Redstone Steering Committee a Redstone Parks and Open Spaces Management Plan (Management Plan) was drafted, approved by the Open Space and Trails Board (OSTB) on December 14 2010; and WHEREAS, the Management Plan identifies several enhancements for the Elk Park, which are the subject of a Great Outdoors Colorado Local Parks and Outdoor Recreation grant application by Open Space and Trail; and WHEREAS, Open Space and Trails has requested $281,565 from Great Outdoors Colorado for enhancements to Elk Park as outlined in the Management Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: 1. the Board strongly supports the application and, if the grant is awarded, the Board strongly supports the completion of the project 2. the Board authorizes the expenditure of funds from current and future approved budgets necessary to meet the terms and obligations of any Grant awarded. 3. Elk Park will remain in Pitkin County ownership for at least the next 25 years. 4. Pitkin County will continue to maintain Elk Park in a high quality condition and will appropriate funds for maintenance in its annual budget. 5. if the grant is awarded, the BOCC hereby authorizes the Chair or its designee to sign the grant agreement with Great Outdoors Colorado. This resolution to be in full force and effect from and after its passage and approval. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 22th DAY OF FEBRUARY, 2012. NOTICE OF PUBL C HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE - p4t DAY OF ..t 2012. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 14th DAY OF MARCH, 2012. PUBLISHED BY TITLE AND ORT SUM RYY AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THEArDDAY OF _ ___ , 2012. ATTEST BOARD OF COUNTY COMMISSIONERS OF PITMEN COUNTY COLO ' • ' O By /f _ �, ft, / 4 "- ) By: •4i / / S % ir i �� Jeanett /Jones " / Deputy ounty Clerk A� i{ 4 � l /, / G 4- elli-1 Date: ;–/ c f — %W� APPROVED AS TO FORM: John Ely, County " Attorn • ,fitAS 1 a r' ill, Director Open Space & Trails Program MANAGER APPROVAL: Jon Pe cock, County Manager I I redstone park ........ ...... pt. ic nallf.Eflir.0 be'c''d ., o r a h, ik, „ upen ,.... rteov tomm.ni. art % , " f ' (8 CV(it Warfindng ''''-'9fr inerre 'r. 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C-1' 11/ ..„, „ C ,s........... ---. n" open space manag ement elk park l draft schematic s redstone ope plan IA ..... _ Elk Park Project Pitkin County, Colorado GREAT ' OUTDOORS �- COLORADO LOCAL PARKS AND OUTDOOR RECREATION GRANT APPLICATION Submitted to: Great Outdoors Colorado ATTN: Local Government Program 303 E. 17 Avenue, Suite 1060 Denver, CO 80203 Submitted by: Pitkin County Courthouse Plaza 530 East Main Street, 3 Floor Aspen, CO 81611 February 29, 2012 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 / Page 1 e A4- R m : .,;' i � n�� .1 I 0 4 `' rani f 44 $6 T4 g# k Name: Pitkin County Open Space and Trails Mailing Address: 530 East Main Street, Third Floor Aspen, CO 81611 Applicant Contact Name: Lindsey Utter Title: Recreation Planner Telephone: Email: Lindsey.utter @co.pitkin.co.us Are you the primary contact for this grant: 970.920.5224 X YES El NO __ Do you currently have an open GOCO grant? If yes, provide your grant number(s): And, you are required to contact staff prior to completion of this application. NO '�eqw. x . r P' . Ar ,��„� E 5 r r �: ,�u`�Gsjk' �'. ::'�s.�... � � ^ ' as �° y, `d � ' � "��B .. r v s�i'� C'�' �� ;r` Name: NA Mailing Address: NA Partner Contact Name: NA Title: NA Telephone: NA Email: NA Are you the primary contact for this grant: El YES ❑ NO ar" ��q "^✓�� c ' �P� ii � ;yw "� :t#�'` a?p,F"'€�fi .'� ,� . �3�* mo w, a^,' .s.mul,3t The.- Project Title: EIk Park Grant Request (not to exceed $350,000): $281,565 Total Project Cost: $537,690 Percent, of overall match (% of total project cost): Percent of cash match (% of total project cost): 48% 48% City (location of project, including cross streets): County of Service: Pitkin County 17838 Hwy 133 Redstone, Colorado Brief Project Description (In 250 words or less, answer the questions below: • What is the proposed project, including all components: The key components of the Elk Park Conceptual Plan include: an informal recreation field, a flexible play field, a small interpretive center, interpretive panels throughout the site, river /creek bank stabilization and revegetation, interactive coke oven, paths, a parking lot, picnic groves and opportunities for memorial trees. The entire site is about 3.2 acres. • Why is the project needed? How will it improve the park & recreation experience of residents? Elk Park is currently an underutilized space consisting of a parking lot, weeds and a condemned cabin in a prime, open location in a very narrow valley corridor. There is currently no public, open recreation space in the valley for informal sport activities. Elk Park will fill this need, as well as, serve as a key location in the community for education and interpretation of the surrounding environment, history, recreation opportunities and regional connections. • Who will benefit from this project? Residents of the Crystal Valley and visitors would benefit from Elk Park. It would provide the community with a much needed park space and create a information for those who are new to the area. • Is there anything unique about citizen participation in design or financing of the project? The Conceptual Plan for EIk Park was the product of a citizen steering committee. The committee consisted of 12 residents who met for over a year developing the conceptual design. This same Elk Park Project, Pitkin County - GPOR Application and Supporting Documents, Spring 2012 Page 2 committee will be guiding the final plan development. We received Scenic Byway grant money to help fund the park development as a result of the ideas presented in the conceptual plan of Elk Park. l ¢p ,rruX,9' A r -.. p ' : t i r $ y' w! [ � 4 IW', s a - r { -F4�s �" fTDE�u Ji� e r d .. , " "'v 2v.' :�`l. Verify that this application contains all of the following required documents: ❑ Signed Resolution from Governing Body o The Draft Resolution was approved at first reading and is included in our application. The Resolution is scheduled for Second Reading March 14 and an official signed copy will be submitted to GOCO immediately after final approval. ❑ Completed Environmental Checklist 0 Budget Form Z1 Preliminary Timeline Estimate • Draft Intergovernmental Agreement, or other contract with the project partner or a signed letter of from project partner (if necessary) 17 Response to Selection Criteria Questions (a narrative provided on your own paper) 4 - Attachments to Selection Criteria: • Map(s) identifying the project location (Using Google Earth or Google Maps) • Site map • Letters of support • Local Youth Corps support letter /email • Photos of existing amenities to be replaced, if applicable • Documentation of any opposition to the project, if applicable By signing below, the applicant certifies that it owns, leases, or otherwise has control over the property on which this project will be completed (collectively, "Control ") (or is applying on behalf of an entity that has such Control). Applicant has on file documentation evidencing its Control of the property and will provide such documentation to GOCO on request. Authorized Signature: it , ,f Date: ©Z Z / )V ( IP From apt cant organization) Printed Name and Title: �►f�i ,��( �a� ;� . � :��,AT�oN Q L� - Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SUPPORTING THE GRANT APPLICATION FOR A LOCAL PARKS AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND AND IMPLEMENTATION OF THE REDSTONE PARKS AND OPEN SPACE MANAGEMENT PLAN FOR ELK PARK RESOLUTION NO. -2012 WHEREAS, Pitkin County Board is the owner of a 3.2 -acre property known as Elk Park, purchased in part using Open Space and Trails funds for the purpose of providing a public park in the Redstone area; and WHEREAS, after extensive public scoping and with the help of the Redstone Steering Committee a Redstone Parks and Open Spaces Management Plan (Management Plan) was drafted, approved by the Open Space and Trails Board (OSTB) on December 14 2010; and WHEREAS, the Management Plan identifies several enhancements for the Elk Park, which are the subject of a Great Outdoors Colorado Local Parks and Outdoor Recreation grant application by Open Space and Trail; and WHEREAS, Open Space and Trails has requested $281,565 from Great Outdoors Colorado for enhancements to Elk Park as outlined in the Management Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: 1. the Board strongly supports the application and, if the grant is awarded, the Board strongly supports the completion of the project 2. the Board authorizes the expenditure of funds from current and future approved budgets necessary to meet the terms and obligations of any Grant awarded. 3. Elk Park will remain in Pitkin County ownership for at least the next 25 years. 4. Pitkin County will continue to maintain Elk Park in a high quality condition and will appropriate funds for maintenance in its annual budget. 5. if the grant is awarded, the BOCC hereby authorizes the Chair or its designee to sign the grant agreement with Great Outdoors Colorado. This resolution to be in full force and effect from and after its passage and approval INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 22th DAY OF FEBRUARY, 2012. Elk Park Project, Pitkin County- LPOR Application and Supporting Documents, Spring 2012 Page 4 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE - DAY OF , 2012. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 14th DAY OF MARCH, 2012. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By By: Jeanette Jones Michael Owsley, Chair Deputy County Clerk Date: APPROVED AS TO FORM: John Ely, County Attorney Dale Will, Director Open Space & Trails Program MANAGER APPROVAL: Jon Peacock, County Manager Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 5 28/2012/TUE 09:45 AM Co1.Div, of Wildlife FAX No. 970 947 2936 P. 001 /002 Section 2 — Application — Environmental Checklist The applicant is responsible for securing all necessary permits, licenses, clearances, and environmental analysis documentation necessary to comply with local, state, or federal law. Describe the process or efforts made to review potential wildlife and environmental impacts of the project as concisely and specifically as possible. Include any relevant information in each of the category questions listed below and indicate which question you are answering. Examples are given of the types of information that may be valuable. If these questions are not applicable to this project, please write N/A and state the reasoning. 1. Species of Concern. Is it likely that plant or wildlife species of concern are present on the proposed project site? There are no known species of special concern on the site. The site experiences considerable human use to date and is located adjacent to State Hwy 133. 2. Habitat Value. How important, productive, or pristine is the wildlife habitat in the project area? The wildlife habitat in the project area is minimal. The river provides some fish habitat, but recent sampling efforts indicated a very small fish population size in the area. 3. Potential Impacts. In what ways will the project have, or potentially have, an impact on wildlife? The project should have positive impacts on the riparian habitat and possible aquatic habitat. Planned restoration efforts will enhance the quality of the aquatich iparlan habitat. 4. Mitigation. How will these impacts be addressed? There are no impacts to be mitigated. The project should have some positive benefits for aquatic wildlife. 5. Benefit. How is the project planned to have a.positive impact on wildlife? The project will improve existing riparian habitat and clean up the river corridor in the project area. Principal source(s) of information: Colorado Parks and Wildlife, 7 k n a cmtPS 1 - •' Witt)( Fe 4 • , (2 1 -17 -VT Printed name, title and telephone number of person co .. ted: 4 Sig ature of person consulted d se Date 9 ..,_._. Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 _,_,_ Page 6 a«! ! ; «.4!!!a« 000 «« : «a ! _00 888888„88 m ;! a 4#«``« §; (\# ■ ;!■« ; \ ° ° # 7!; # #! «k5 „, - - •6;; . re , ?I __; 49 44 = ®: ®!a: ` ` 8 8 } \ \ ® , _0._ _ " 8 8 , \ \ \\ , ((( \ 8,5 8 © } ! " 8 8 888 8 8 8 33 8 . / ) } 8 \)! %\ \f !4 a8 g o 88 888 8 !! / &448&4,; \/0 �� 0v \ 8 { { 4 f � ° ®! ! ! /}!|!!§\§{ \} !!§ !! !!! { ! 8 !!_ a ! ; = 8 - ,« _ _ { k ) ! k \ \7 � \ _ ! » ; ) \ • \ ® k — , i / Et \ \ ) )\ \ ƒ k )! }( ` |,- \_\ it» !* \ - ! - :G 444 88i ==! ~ % § ! - | ~ 3! ! { }!! ` ; | !§ !! /} 2;)£} ;£ ; !!_ )k) z ii \\ F. \ \ fl H H f) I t u U \)|\ 1' } ..e (/ { fl ill - ! }/ ) ) } \) \\\\\\\ / ii 1 � 2 : E S5 a 3� ƒ !!!!!!3!!!! _ m_�« ,�� Application _ /__,___ Spring _ Page 0 2 r0 ii { \}\\ §[ 0 8 g ) / / -. _ $ !!!«a! =::,4 = __ '® /!{» } ^ ƒ } ;\\ }}!!!! ! ! ! ) }( ~ )� Z 9 / \( .2 � ~ ! S != - z r. { / a .2 ) ) ( 000 \ \ ° ao °o ® !]]( /\ C....) \i } | ;! }\! }, !! }ftf _ )) -!!2 * }J { \ ®Z / ` �/• } } \ ;!! \ if ;l ) ƒ; 0 0 _ 0 1 ` ))\0 . ! ~ . } f } \ )\ 2 \ �� e_ Project, _nom County ion and Support #o _« Spring mz Page 8 F O M z~ U M O 7 o M cn en z M Q 7 M c M ti T o m a, M W m e illi so o v 7 CA W W z IN* 0 7 0. is = N Q 7 r � 1 y 7 04 7 W N PC p,N A .et .7 i g '. O e ❑ W 0 Y O ca v v _ D v c> tt E on „ O a v m c y 0 0 2 e- v 2 3 en o. a 0 v, C ' C .. O E m c .. , 3 2 a O c a E a F 'w 0Z < EEcE c4 <2u aa. ena a, a« 00 i a° W /9- Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 9 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 DRAFT STATE OF COLORADO Colorado Department of Transportation Division of Transportation Development Scenic Byways Grant Agreement with PITKIN COUNTY TABLE OF CONTENTS I. PARTIES 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 1 3. RECITALS 2 4. DEFINITIONS 2 5. TERM 3 6. SCOPE OF WORK 3 7. PAYMENTS TO GRANTEE 4 8. REPORTING - NOTIFICATION 5 9. GRANTEE RECORDS 5 10. CONFIDENTIAL INFORMATION -STATE RECORDS 6 11. CONFLICTS OF INTEREST 7 12. REPRESENTATIONS AND WARRANTIES 7 13. INSURANCE 7 14. BREACH 9 15. REMEDIES 9 16. NOTICES and REPRESENTATIVES 11 17. RIGHTS 114 DATA, DOCUMENTS, AND COMPUTER SOFTWARE 11 18. GOVERNMENTAL IMMUNITY 11 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM 11 20. GENERAL PROVISIONS 12 21. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT ( FFATA) SUPPLEMENTAL PROVISIONS 13 22. COLORADO SPECIAL PROVISIONS 14 23. SIGNATURE PAGE 16 EXHIBIT A (Scope of Work) EXHIBIT 13 (Option Letter) EXHIBIT C (Required Contract Provisions -FHWA) EXHIBIT D (Federal Requirements) EXHIBIT E (Supplemental Federal Provisions - FFATA) EXIIIBIT F (Certificate Regarding Federal Lobbying) EXHIBIT G (Option Letter) EXHIBIT H (Required Contract Provisions -FHWA) EXHIBIT I (Federal Funding Accountability and Transparency Act (FFATA)) EXHIBIT 3 (Certificate Regarding Federal Lobbying) 1. PARTIES This Grant Agreement (hereinafter called "Grant') is entered into by and between Pitkin County (hereinafter called "Grantee "), and the STATE OF COLORADO acting by and through the Colorado Department of Transportation, Division of Transportation Development (hereinafter called the "State" or "CDOT"). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date "). Except as provided in Section 7(BXv)the /2 SenicBywaysGrant.0l.Aprl 1 — originated from approved OSC Grant template Rev 1/12/11 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 10 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in CRS § §43 -1 -106; 43 -1 -117; 43 -1 -224; 30 -28 -105; 29 -1 -203; 24- 110 -203, and funds have been budgeted, appropriated and otherwise made available, pursuant to 23 USC 162, and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" of 2005 (SAFETEA -LU) has continued the institution of the "National Scenic Byways Grant Program," which offers federal financial assistance for designated sceinc byways through a grant program for carrying out eligible projects on highways which the State has designated as scenic byways. The Colorado Scenic and Historic Byways Commission, created by Executive Order on March 16, 1989 for the purpose of guiding the Colorado Scenic and Historic Byways Program, together with the Colorado Transportation Commission, have developed criteria and approved the designation of twenty -five scenic and histroic byways throughout the State. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget "Budget" means the budget for the Work described in Exhibit A. 13. Evaluation "Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in this grant. C. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Scope of Work), Exhibit B (Supplemental Requirements for Exhibit A), Exhibit C (Payments and Billing), Exhibit 1) (Program Reporting - Notification - Monitoring Requirements), Exhibit E (Records - additional provisions), Exhibit F (Local Entity Payment Checklist), Exhibit G (Option Letter), Exhibit 13 (Required Contract Provisions- FHWA), EDIT I (Federal Funding Accountability and Transparency Act (FFATA), Exhibit J (Certificate Regarding Federal Lobbying). D. Goods "Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. E. Grant "Grant" means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. F. Grant Funds "Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant. /` it ScenicBywaysGrant0l.Aprl1— originated from approved OSC Grant template Rev 1 /12/11 Page 2 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 11 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 G. Manual "Manual" refers to the Byways Job Manual. H. Party or Parties "Party" means the State or Grantee and "Parties" means both the State and Grantee. L Program "Program" means the Scenic Byways grant program that provides the funding for this Grant. J. Review "Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6and Exhibit A. K. Services "Services" means the required services to be performed by Grantee pursuant to this Grant. L. Subgrantee "Subgrantee" means third - parties, if any, engaged by Grantee to aid in performance of its obligations. M. Work "Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit A, including the performance of the Services and delivery of the Goods. N. Work Product "Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM A. Initial Term -Work Commencement The Parties respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on September 30, 2013, unless sooner terminated or further extended as specified elsewhere herein. B. Two Month Extension The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement Grant (and not merely seeking a term extension) at or near the end of any initial term or any extension thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during the two month extension. The two - month extension shall immediately terminate when and if a replacement Grant is approved and signed by the Colorado State Controller. C. State's Option to Extend The State may require continued performance for a period of one year at the same rates and same terms specified in the Grant. If the State exercises this option, it shall provide written notice to Grantee at least 30 days prior to the end of the current Grant term in form substantially equivalent to Exhibit B. If exercised, the provisions of the Option Letter shall become part of and be incorporated into this Grant. The total duration of this Grant, including the exercise of any options under this clause, shall not exceed three years." 6. SCOPE OF WORK A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or before September 30, 2013. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shat be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. / N SccnicBywaysGrantO1.AprI1— originated from approved OSC Grant template Rev 1/12/11 Page 3 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 12 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -1ITD -31201 C. Employees All persons employed by Grantee or Subgrantees shall be . considered Grantee's or Subgrantees' employees) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. D. Federal Laws, Rules and Regulations Because the Grant Funds involve federal funding, Grantee understands and agrees that federal laws, rides and regulations will control the Work and its implementation. Unless a written waiver is granted, Grantee agrees to comply with all required federal laws, rules and regulations applicable to the Work, in addition to all State laws and their implementating regulations as they currently exist and may hereafter be ammended. 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $124,900, as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit A. The maximum amount payable by the State to Grantee during each State fiscal year of this Grant shall be: G/L Account: 4231200011 CO Area: 1000 I Fund: 400 Company Code: 1000 I Vendor Number. 2000077 Functional Area: 3401 Funds Center: DT510 -010 Catalog Federal Domestic Assistance Number (CFDA) 20.205 State Fiscal Year. 2011 Total Encumbered Contract Amount: $156,125 Line Item: 10 WBS: Federal Amount Total: $124,900 Local Amount Total: S31,225 17228.15.02 B. Payment L Advance, Interim and Final Payments Any advance payment allowed under this Grant, or in Exhibit A shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall invoice the State separately for accnred interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day's interest to be paid and the interest rate. iii. Available Funds - Contingency - Termination The State is prohibited by law from making fiscal commitments beyond the term of the State's current fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal fiords are used with this Grant in whole or in part, the State's perfonnance hereunder is contingent upon the continuing availability of such f Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in whole or in part without further liability in accordance with the provisions herein. SccnieBywaysGrant0l.Aprl 1— originated from approved OSC Grant template Rev 1/12/11 - Page 4 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 13 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 iv. Erroneous Payments At the State's sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants, grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in the Budget.. D. Matching Funds Grantee shall provide matching funds as provided in Exhibit A. E. Payment Compliance All Grant reimbursements shall comply with Title 49 Part 18 of the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Additionally, Grantee shall only be reimbursed for costs allowable under 2 CFR Part 125, Appendix A. 8. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with § 19, if applicable. A. Performance, Progress, Personnel, and Funds Grantee shall submit a report to the State upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in the Manual and/or this Grant. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State's principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT. C. Noncompliance Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. D. Subgrants Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. My and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and State laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records until the last to occur of the following: (1) a period of three years after the date this Grant is completed or terminated, or (It) final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the "'Record Retention Period "). JJ 1 ScenicBywaysGtantO1.Apr11— originated from approved OSC Gant template Rev 1/12/11 Page 5 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 14 v CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of three years following termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or inequity in liar of or in conjunction with such convuive measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to internal evaluation procedures, examination of program data, special analyses, on -site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee's performance hereunder. D. Final Audit Report If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION -STATE RECORDS Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, any State records, personnel records, and information concerning individuals. Such information shall not include information required to be disclosed pursuant to the Colorado Open Records Act, CRS. §24- 72-101 et seq. A. Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State's principal representative. B. Notification Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §10. 1 ScenicBywaysUrsnt01.Aprl1— originated from approved OSC Grant template Rev 1/12/11 Page 6 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 15 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11-HTD-31201 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority — Grantee and Grantee's Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by -laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee perfomring Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it cwxc rtly has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non - renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Govermental Immunity Act, CRS §24-10 -101, et seq., as amended (the "GIA "), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self - insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each Grant with Subgrantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Subgrantee's liabilities under the GIA. GG �/ ScaricllywaysGtantOl.Apr11— originated from approved OSC Grant template Rev 1/12/11 Page 7 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 16 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 ii. Non -Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to Subgrantees that are not "public entities ". B. Grantee and Subgrantees Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: 1. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Grantee and Subgrantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Subgrantee shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. ill. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Grantee and Subgrantees shall be primary over any insurance or self- insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non - renewal without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in accordance with §16 (Notices and Representatives) within seven days of Grantee's receipt of such notice. vii. Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13: ScenicItywaysGrant.01.Apr11— originated from approved OSC Grant template Rev 1/12/11 Page 8 Elk Park Project, Pltkin County - LPOR Application and Supporting Documents, Spring 2012 Page 17 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 14. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the nmanner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(13) provided that the State may terminate pursuant to §15(13) without a breach. The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non - performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non - performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. 1.) Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or subgrants. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State's property. 2.) Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. 3.) Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until ScenicBywaysGrant.01.Aprl 1— originated from approved OSC Grant template Rev 1/12/11 Page 9 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 18 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Gram. Ii. Obligations and Rights Upon receipt of a temmnation notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). ill. Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which beats the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out -of- pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it i Suspend Performance Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring inDg costs in accordance with the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of Grantee's employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademarlc, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other SewicBywaysGrant0l.Aprl 1— originated from approved OSC Grant template Rev 1 /12/11 Page 10 Elk Park Project Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 19 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11- HTD31201 product involved with non - infringing products or modify them so that they become non- infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard - copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Lenore Bates Colorado Dept. of Transportation 4201 E. Arkansas Ave. Denver CO 80222 13. Grantee: Gary Tennennenbaum Pitkin County Open Space and Trails 530 E. Main St. Aspen, CO 81611 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Grantee agrees to provide to FHWA and CDOT 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 Goverment and CDOT purposes. Work Product includes but is not limited to the copyright of any books, publications, or other copyrightable materials (Data, studies, surveys, drawings, maps, models photographs, reports) developed in the course of the funded project. 23 CFR 420.121. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Mt, CRS §24 -10 -101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24 -30 -1501, et seq., as amended. 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24- 102 -205, §24- 102 -206, §24 -203 - 601, §24- 103.5 -101 and §24- 105 -102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24- 103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide ScenicBywaysGrant.01.Aprl l - originated from approved OSC Grant tanplate Rev 1 /12/11 Page ll Elk Park Project Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 20 CDOT — Division of Transportation Development SAP. PO #: 291001030 CMS #: 11 -13TD -31201 Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by CDOT and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24- 105 - 102(6)), or (b) under CRS §24 -105- 102(6), exercising the debarment protest and appeal rights provided in CRS § §24- 109 - 106,107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 20. GENERAL PROVISIONS A. Assignment and Subgrants Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting anangenients and performance. B. Binding Effect Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification - General Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the GIA., or the Federal Tort Claims Act, 28 USC 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdiction and Venue MI suits, actions, or proceedings related to this Grant shall be held in the. State of Colorado and exclusive venue shall be in the City and County of Denver. 13. Modification i By the Parties Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS - TOOLS AND FORMS. t i Sarricl3ywaysGrant.0l.Apr11— originated from approved OSC Grant template Rev 1/12/11 Page 12 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 21 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. L Order of Precedence The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Federal Laws and Regulations, ii. Colorado Special Provisions, iii. The Provisions of the main body of this Grant, iv. Exhibit A (Scope of Work), v. Exhibit B (Option Letter), and vi. Additional Exhibits in order as they appear. .1. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84- 730123K) and from all State and local government sales and use taxes under CRS § §39 -26 -101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. M. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. N. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. 21. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) SUPPLEMENTAL PROVISIONS The Grantee and/or their contractors, subcontractors, and consultants shall at all times during the execution of this Grant strictly adhere to, and comply with, all applicable federal and State laws, and their implementing regulations, as they currently exist and may hereafter be amended. A listing of certain federal and State laws that may be applicable are described in Exhibit I Federal Funding Accountability and Transparency Act ( FFATA). THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK SaenicBywaysGnant.01.Aprl 1— originated from approved OSC Grant template Rev 1/12/11 -.:' - Page 13 Elk Park Project, Atkin County - LPOR Application and Supporting Documents, Spring 2012 Page 22 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 22. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all Grants except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1) This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. FUND AVAILABILITY. CRS §24-30- 202(5.5) Financial obligations of the State payable after the cu ntnt fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 USC § §1346(6) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits will be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Grant or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public fiinds. 11 the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. ScenicBywaysGrant-01.Aprl 1— originated from approved OSC Giant template Rev 1/12/11 Page 14 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 23 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 I. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST. CRS § §24- 18-201 and 24-50 -507 The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. 3. VENDOR OFFSET. CRS § §24 - 202 (1) and 24 - 202.4 [Not applicable to intergovernmental agreements] Subject to CRS §24 -30 -202,4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for. (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et seq.; (c) unpaid loans due to the Student. Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. PUBLIC GRANTS FOR SERVICES. CRS §8 -17.5 -101 (Not applicable to agreements relating 0 the offer, issuance, or sale of securities, investment advisory services Orland management services, sponsored projects, intergovernmental agreements, or information technology services or products and services) Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E -Verify Program or the State program established pursuant to CRS §8- 17.5- 102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E- Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5 - 102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program If Grantee fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the granting State agency, institution of higher education or political subdivision tnay terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24 - 101 Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Grant. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK ScenioBywaysGrant.01 Aprl 1— originated from approved OSC Grant template Rev 1/12/11 Page 15 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 24 • COOT - Division of Transportation Development SAP PO #: 291001005 CMS #: I 1 -HTD -31201 23. SIGNATURE PAGE • THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE STATE OF COLORADO PITKIN COUNTY By: p John W. Hickenlooper, Governor 1 �e yEG R/C/��/Zo s Colorado Department of Transportation Print Name of Authorized Individual Donald E. Hunt - Executive Director MM K Im tit! IT DI' DiR Title: A/ ww0 <C'C'u4YTY -WOOER L. C /rKMiebt(YJ{r / k //' �Ofr174/ By: Dona • unr "i?" x• i '? ector Print Title of Authorized Indtvid / Signatory avers to the State Controller or delegate that Grantee has li�`� not begun perfn nee r that a Statutory Violation waiver has *S' nat ure b n re ested under Fiscal Rules Date: /C so ( \ Date: D f �E 2nd Grantee Signature if Needed LEGAL REVIEW By: John W, Suthers, Attorney Gettgrat Print Name of Authorized Individual °D rat s / ' ( Title: Signature - s sistant Attorney Gene Print Title of Authorized Individual 8-11-, I Date: *Signature Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS 124 -30 -202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER y D/Ej:fd McDer oft, By: • Colora apartment of Transportation Date: SC 11 ScenicBywaysGrant.Ol.Apr 11 — originated from approved OSC Grant template Rev 1/12/11 Page 16 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 25 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -3 t201 EXHIBIT A — SCOPE OF WORK Project Location The West Elk Loop Scenic and Historic Byway is located in Southwest Colorado. The byway passes through 5 counties, and the loop encircles the West EIk Mountains. 11 can be accessed from the north at Colorado State Highways 82 and 133 at the Town of Carbondale, from the east on State Highways 50 or 135 at the City of Gunnison, and from the west on State Highways 133 or 92 at the Town of Hocthkiss. Prominent features include the Black Canyon of the Gunnison National Park, Curecanti National Recreation Area, the Gunnison Gorge National Conservation Area, two state parks, two national forests, five wildemess areas, a national archeological district, and two national historic districts. The EIk Park Visitor Information Center will be located on Highway 133 at the entrance to the Redstone National Historic District. It is 18 miles from the Town of Carbondale and located in Pitkin County. EIk Park is connected to the Redstone National Historic District via a pedestrian bridge. Pitkin County, Garfield County, and the Town of Carbondale have begun the construction of a bicycle and pedestrian trail that is planned to connect Carbondale to Redstone. This is part of a larger trail network that connects to Aspen and Glenwood Springs. Redstone is located In the majestic Crystal River Valley and tourism is critical to the success of Redstone merchants. This location is perfectly suited to a visitor information center since there is a multitude of recreational, cultural, and historical resources located at Redstone. Project Description This project will offer byway travelers general information about the area, interpretive exhibits, historical resources, and recreational opportunities. Interpretation will be varied and provide visitors with information about the storied history of Redstone and the surrounding area, the abundant recreational opportunities available in this area of the byway, and the protected lands around Redstone and the unique natural resources. A management plan for Elk Park has been completed and a conceptual design has been created that locates a visitor information area. This visitor information area will be a central point of information and in the same location of the historic train depot that existed 100 years ago. See EIk Park Conceptual Plan for details. Byway Benefits This project benefits the byway traveler by providing a perfect rest location to learn about the abundant resources surrounding the scenic byway. Currently, there is little information provided to byway travelers In Redstone, which is a main tourist attraction for visitors along the byway. During the planning process for Elk Park It was critical to include an informational center for travelers along the byway. EIk Park is at the junction of Redstone and the byway. Providing a welcoming attraction to get travelers to stop and learn about Redstone and the surrounding area is critical to Redstone's tourist economy. Providing Information about the resources along the byway will increase visitor use along the byway as more tourists get to know the amazing amount of opportunities that exist near Redstone. ScenicBywaysGrant.O1.Apr11 — originated from approved OSC Grant template Rev 1/12/11 Exhibit B Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 26 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 Protect Summary The Elk Park Visitor Information Center will be located along Highway 133 at the entrance to Redstone, Colorado. Elk Park is owned by Pitkin County and is administered through its Open Space and Trails department. A recently completed management plan, which is attached, illustrates the conceptual location for the visitor center with the necessary parking, trails, and pedestrian access to Redstone. The main goals from that plan are: Vs Activate the use of the park by creating an attractive visitor information area to provide guidance to travelers along the Scenic Byway. ifr Create a new entrance to Redstone by working with the Colorado Department of Transportation to slow down traffic and create safer entrances to Elk Park, Coke Ovens, and Redstone. lb Provide trails and play areas throughout the entire area of the park and a potential pedestrian bridge and connection to Redstone Boulevard next to the existing main vehicle entrance to Redstone. le Enhance the riparian areas along the Crystal River and Coal Creek. To accomplish the goals, Pitkin County Open Space and Trails is developing a final plan and cost. The visitor information center will be approximately 900 square feet and most likely be open air design that uses minimal electricity. There is restroom facilities already located in Redstone Park, which is connected to Elk Park by a pedestrian bridge. The visitor information center will be an attractive structure to lure travelers off the byway with multiple interpretive displays and connections to trails that provide outlooks to Redstone and the Crystal River. It will provide access to Redstone via Redstone Park and the main vehicle entrance on Redstone Boulevard. Elk Park also connects to the Redstone Coke Ovens, which are on the National. Historic Register and are due to be restored in 2011, and Pitkin County Open Space and the White River National Forest through Coal Creek Basin. Elk Park Is the gateway to all of these historic, cultural, and recreational opportunities. SconicBywaysGrantOl.Aprl 1— originated from approved OSC Grant template Rev 1/12/11 Page 2 30 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 27 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 Work Plan Start Responsible Milestone/Task Date Duration Party Justification Establish funding Award agreement with state Date Pekin County, Planting Complete Final Plan for Elk Park 4/1/11 Planning Committee, Develop a final plan for the visitar and park This MU Byway provide construction level plans and obtain land use 5 Months Committee approvals. Rtidn County, BMW Hire Interpretive Hire 6/15/11 Committee, Pitkin County with the minima fram the byway and Considtants Redstone Redstone Planning Commtttee will hire interpretive Planning consultants to design, fabricate, and install the interpretive 1month Oammittee Shptays- Pakin County wig work to assemble an aderpretive ern interpretive committee cousivag of bywaycmnminee members, i]tsplays - 7115/11 - PitIckt Comity, Redstone Planing C®nmittee members, Redstone Historical Interpretive _Assoaaion members, and commurdty membersto workwah 3 months Committee the crossultardsto deslgrt the buapretive dbpIeys- Pitkin County, Review of interpretive beapretive Dnas 11/1/11 firm, and interpretive Work with consulting fhnn to choose the sign ere and send to 2 months committee production_ Release Request for Renege for Construction of Visitor Use Center Chaosea contractor to construct the Victor Use Center and 2/1/12 2 months Pltkln County associated parking area and trails. Construct Visitor Use Center and ammemGes 4/15/12 4 months Pfdin County Construction will begin once the weather anulitiona albw Interpretive firm listen exhbas and Pitkin The interpretive fern wig coordinate wan Pekin County and 6/15/12 2 months County the construction contractor to install amiss. Byway Oicethe project bessentially complete the Byway Grand Opening - Committee and Conmdtteewkh Pitkin County will plan a grand opening with 8/15/12 1month Pitkin County all the pertain. Project Completion 9/30/12 1 month Pltkin County Closeail contracts on project and begin any warranty periods. SicBywaysGrant.01.Aprl 1 originated from approved OSC Grant template Rev 1112111 P cen Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 28 • CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 Budget Cost Brea kdown Description Total Cost Requested Match Interpretive Exhibits 519,5001)0 515,E 00 53,900.00 Visitor Use Center 575,000 00 560,000.00 $15,000.00 Parking Area 518,000.00 514,400.00 53,600.00 Trails 515,00010 $12,000.00 $3,001104 Landscaping 517,000.00 $13,600:00 53,40000 Exterior Exhibits 511,625.00 59,300.00 52,325.00 Total 5156,125,00 $124,900:00 531,225.00 '., seenicBya'aysOraat.01.Apr11— originated from approved OSC Grant template Rev 1 /12/11 Page 43 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 29 CDOT - Division of Transportation Development SAP P014: 291001030 CMS #: 11 -HTD -31201 r 'L A -133 Single Audit Certification Form The Colorado DeparnnentofTransportadon (CDOT) and Its sub - recipients are subjectto the requirements of the Office of Management and Budget (OMB) Circular A -133:. Audits of States, Local Governments and Nonprofit Organizations. CDOT Is required to monitor our sub-recipients of fbdaral awards and determine whether they have net the audit requirements and are in compliance with federal laws and regulations. Accordingly, and to update our records, please fill out this Information beton check the appropriate box, sign, and date. Entity Information: ErUil■Name & Addresr Fiscal Year Ending Rhin County, Colorado fmm/ddM wl 530 E Main, Ste 201 12/31!2010 Aspen, CO 81811 Hatity Remerentaiive 21da John Redmond Finance Director Telephone 970-920-5225 970.920.5230 joh_ n.redmond ©co.pitkin.co.us Independent Auditor Information: firm Noma arrdAd&w '. Ede Bally 440 Indiana SL. Ste. 200 Golden, CO 80401 -6021 CPA Name Te/eahgne Kimberley K Higgins 877-882-7929 / 303- 980 -2454 Fes Dia 303 -980 -5029 khIgglns@eldebailly.com Chad( appropriate box. 14 7 Our entity ie subsea to the A -133 Single Audit/A 133 requirements, as our agency expended $500,000 or more in total Federal awards for the fiscal yew aiding noted above. We will submit our audit report to the Colorado Department of Transportation no later than July 31m unless we have received an extension front the Mice ofthe State Auditor, to the address provided below. ❑ Our entity is exempt from the Single Audlt/A -133 requirements. We will submit our annual financial statements, and any associated audits or reviews, to the Colorado Department of Transportation no later than July 31" Q Our entity expended leas than $500,000 in total federal awards for the fiscal year noted above. Q Our entity is a for-profit organization and is not subject to the A -133 requirements. Certification: Remesentadsvr'a Stenature 1615 a t–reel- 91 -1 3 - 24! Return 3 completed form by July 31" to Colorado Department of Transportation Audit Diviskiu Attn: A -I33 4201 B. Arkansas Avenue, Shumate 131dg. # J , T' vr, ' Use Print Form to Mall, Fax or Scan Denver, CO 80222 Bmail: CDOTAUDIT(dot.stato.w.uy Phone; 303 -757 -9687 / Fax 303 -757 -9671 "s lei 'a,1. ; Use Submit ifyou use Adobe Professional Solna Jam rem ScenicBywayscrant.01.Aprl1- originated from approved OSC Grant template Rev 1/12/11 Page 5 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 30 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HT'D -31201 EXHIBIT B — SUPPLEMENTAL REQUIREMENTS FOR EXHIBIT A A. Work Per 23 C.F.R. 420.111, GRANTEE shall complete the Work and other obligations as described herein and Exhibit A. Work performed prior to the Effective Date or after the Termination Date shall not be considered part of the Work. The Scope of Work shall include an estimation of anticipated benefits from each program submitted, a Budget, the activity purpose, objectives, major tasks, timeline of expected completion, and an Evaluation process to determine the success of each activity stated in the Scope of Work. B. Notice GRANTEE shall not commence Work to be completed in the Scope until the date specified by a written notice, which may be electronic, and shall complete the Work within the period specified in the Grantee unless the period or terms thereof are extended according to this Grantee. C. Personnel GRANTEE shall take all reasonable steps to carry out all activities described and identified in the Scope of Work. GRANTEE shall be responsible to select staff/Consultant Services in compliance with all applicable federal procurement iequirements including 23 CFR 172 and 49 CFR Part 18. Any Request for Proposal (RFP) used by GRANTEE to secure Consultant Services must be reviewed by CDOT before GRANTEE releases the RFP. CDOT shall have 15 calendar days from the date of receiving the RFP in which to retum comments. Responses to CDOT's comments will be provided by GRANTEE within 15 calendar days of receipt of the comments. GRANTEE shall notify CDOT in writing before executing any contract for Consultant Services which utilizes program funding. D. Scope Amendment GRANTEE shall amend the Scope of Work, in accordance with the terms of this contract, when: 1.) Adding or deleting funds from the Scope of Work Budget. 2.) Adding or deleting substantial portions of Scope of Work activities. Additional Federal laws and regulations that may be applicable to the Work include: E. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: 1.) the Sub Grantee/Contractor shall follow applicable procurement procedures, as required by section 18.36(d); 2.) the Sub Grantee/Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30; 3.) the Sub Grantee/Contractor shall comply with section 18.37 concerning any subgrants; 4.) to expedite any CDOT approval, the Sub Grantee/Contractor's attorney, or other authorized representative, shall also submit a letter to CDOT certifying Grantee/Contractor compliance with section 18.30 changes procedures, and with 18.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable; 5.) the Sub Grantee/Contractor shall incorporate the specific contract provisions described in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. 3 ScenicHywayadrant.01.Mwl 1— originated from approved OSC Grant template Rev 1/12/11 Page 6 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 31 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -1-ITD -31201 F. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees). G. The Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair). 11. The Davis -Bacon Act (40 U.S.C. 276a to a -7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation. This act requires that all laborers and mechanics employed by contractors or sub- contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor). L Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). .1. Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of amounts in excess of $100,000). K. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 -163). L. Office of Management and Budget Circulars A-87, A -21 or A -122, and A -102 or A -110, whichever is applicable. M. The Hatch Act (5 USC 1501 -1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally- assisted programs. N. 42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.I. Part 80 et. sen.. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds; O. The Americans with Disabilities Act (Public Law 101 -336; 42 USC 12101, 12102, 12111- 12117, 12131 - 12134, 12141- 12150, 12161- 12165, 12181 - 12189, 12201 -12213 47 USC 225 and 47 USC 611. P. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91 -646, as amended and Public Law 100 -17, 101 Stat. 246 -256). (If the contractor is acquiring real property and displacing households or businesses in the performance of this contract.) Q. The Drug -Free Workplace Act (Public Law 100 -690 Title V, subtitle D, 41 USC 701 et seq.). 3 SccnicfywaysGrant.01.Apr11— originated from approved OSC Grant template Rev 1/12/11 Page 7 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 32 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 R. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Part 84. S. 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts ". T. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal -Aid Construction Contracts ". U. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions ". V. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof. W. Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: 1. Compliance with Regulations. The Contractor will comply with. the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of' the Department of Transportation (Title 49, Code of Federal Regulation Part 21, hereinafter referred to as the "Regulations "), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination . The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 213 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Eouipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. 4. Information and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will Permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information. 3 ScenicBywaysOrant.O1.Apr11— originated from approved OSC Grant template Rev 1/12/11 Page 8 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 33 CDOT - Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or, b. Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The Contractor will include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK 3? SeaticBywaysGnanLOl.Aprl 1 - originated from approved OSC Grant template Rev 1/12/11 Page 9 i Elk Park Project, Pirkin County - LPOR Application and Supporting Documents, Spring 2012 Page 34 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 1 1 -HTD -31201 EDIT C — PAYMENTS AND BILLING CDOT shall, in accordance with the provisions of §7, pay Grantee in the amounts and using the methods set forth below: A. Basis and Maximum Amount The maximum amount payable under this grant by CDOT is $124,900 (For CDOT accounting purposes, the Byways federal funds of $124,900 and Grantee local matching funds of $31,225 will be encumbered for a total encumbrance of $ 156, 125), unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the patties hereto that the total cost of the Work stated herein is the best estimate available, based on the project as approved at the time of execution of this contract, and that such cost may be subject to revisions. The matching ratio for the federal participating funds for this project is 80% Byway federal funds to 20% Agency funds, it being understood that such ratio applies only to the $156,125 ($124,900 Federal Funds and $31,225 Grantee Local Matching Funds) that is eligible for federal participation, it being further understood that all non - participating (not - allowable) costs are bome by GRANTEE at 100%. If the total • allowable (participating) cost of performance of the Work exceeds $156,125, and additional federal funds are made available for the project, GRANTEE shall pay 20% of all such costs eligible for federal participation and 100% of all non - allowable costs; if additional federal funds are not made available, GRANTEE shall pay all such excess costs. If the total allowable cost of the Work is less than $156,125, then the amounts of Agency and Byway federal funds provided by CDOT will be decreased in accordance with the funding ratio described herein. B. Invoices Notwithstanding the provisions of Section 7(B), reimbursements involving federal funds from FTA and/or FHWA will be repaid within 30 days following the submission and acceptance of a complete invoice. A complete invoice will include the applicable items in Exhibit F — Local Entity Payment Checklist 01/19/2011. C. Limited Availability of Funds The amount of federal funds available to pay for the program performed by GRANTEE in any one year is limited by the amount of the allocated funds, made available through 23 U.S.C. § 104 and any amendments thereto. D. Additional Funds Use Scenic Byways funds shall be used only to reimburse GRANTEE for eligible allowable costs incurred and GRANTEE shall be solely responsible for all costs incurred that are either not allowable or which exceed the funds available in the Grantee as identified herein and/or in the Scope of Work. E. Billing, Reimbursement, and Allowable Costs 1.) Certification Upon signing the Billing Form requesting reimbursement, the designated representative of the Grantee has certified that: a) The costs are allowable, and therefore reimburseable; and b) The expenditure amount for that time period is correct; and c) The agreed upon Work has been performed and/or products have been produced; and d) All Requests for Proposals have been forwarded to CDOT for review and comment; and e) Reimbursements are being requested in accordance with the terms of this Contract; and 3 Sc�icBywaysGrant.O1.AprI 1— originated from approved OSC Grant template Rev 1 /12/11 Page 10 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 35 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 f) Copies of recorded times of employees (where applicable) are correct; including in -kind and volunteer services. 2.) Documentation Grantee shall include documentation of expenses of federal funds for Scenic Byways Activities. Such information shall include but not be limited to the items listed in this §8 of this Contract as proof of documentation. For purposes of this Contract, a copy of each invoice shall be forwarded to the Division of Transportation Development- Business Office c/o Business Manager at: 4201 E. Arkansas Ave., Shumate Building, Denver, CO 80222 3.) Reimbursement Method and Time Grantee shall request reimbursement from CDOT for the eligible allowable cost of funds for those eligible activities identified in the Scope of Work, and other costs as described in §8 of this Contract, incurred during the contract fiscal year within the limits of this Contract in compliance with federal and State law and other applicable regulations. Reimbursement requests shall be submitted by Grantee to CDOT monthly, and will be reimbursed based on the federal participation rate in §3of this Contract or §7. 4.) Allowable Costs Allowable and indirect costs may include but are not limited to those listed in 2 CFR 225, 2 CFR 220, 2 CFR 230, 49 CFR Part 18, or State Fiscal Rule 2 -7; "Official Functions and Training Functions, whichever may apply. However, such costs shall be limited to those costs determined by the CDOT as necessary to directly cany out the tasks described in the Scope of Work for this Grantee. In determining the amount of allowable costs, CDOT will exclude: a) Any costs incurred by the Grantee before the execution of the Contract or Option Letter. b) Any costs incurred by the Grantee that are not included in the Scope of Work c) Any cost incurred by the Grantee after the termination date of this Contract or Amendment. 5.) Erroneous Payments At CDOT's sole discretion, payments made to Grantee in error for any reason or costs incurred that are later found to be unallowable, including but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, shall be reimbursed by Grantee to the State or offset against current or future obligations due to the State by Grantee, at the State's discretion; unless prohibited by federal or State law or regulation. Such funds shall not be paid to any party other than CDOT. 6.) Reimbursement Waiver Grantee agrees that reimbursement of any cost under this Grantee does not constitute a final CDOT decision about the allowability of the costs and does not constitute a waiver of any violation by Grantee of the terms of this Grantee. 3t ScenicBywaysGrant.O1.Aprl 1— originated from approved OSC Grant template Rev 1/12/11 Page 11 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 36 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -IiTD -31201 EXHIBIT D — PROGRAM REPORTING- NOTIFICATION - MONITORING REQUIREMENTS Reports, evaluations, and reviews required under this §9 shall be in accordance with the procedures of and in such form as prescribed by the Program guidance and the State. A. Final Report Within 30 days after the end of the Project Period, Grantee will provide to CDOT a final accomplishment report of the activities performed under this Contract for the completed fiscal year. It shall include, but not be limited to: 1.) Final accomplishments by activities; and 2.) Status of uncompleted products; and 3.) Accomplishment of performance measures; and 4.) Actual expenditures for the Pmject Period. B. Reporting Guidance Reporting made for the purposes of this Grantee and its activities shall be done in accordance with 23 CFR 420.117, 450 and 49 CFR Part 18 and Part19, and any supporting sections or amendments. The provisions of this paragraph do not constitute a waiver of legal and administrative appeals available to Grantee or the State. C. Monitoring In accordance with 23 CFR Part 420.117, 23 CFR Part 450, and other applicable standards, the State will monitor all the activities conducted by Grantee pursuant to the terms of this Grantee to assure that the Work is being perfonmed consistent with supporting federal laws and regulations, as amended, to enable the preparation and submission of appropriate reports that will contain at a minimum: 1.) Comparison of actual performance with established goals; 2.) Progress in meeting schedules; 3.) Comparison of budgeted (approved) amounts and actual costs incurred; 4.) Cost variances to Budget; 5.) Approved Program revisions; and 6.) Other pertinent supporting data. The provisions of this paragraph do not constitute a waiver of legal and administrative appeals available to the Agency or CDOT. D. Performance, Progress, Personnel, and Funds In responding to these requirements, CDOT will utilize the following steps and procedures to ensure that assigned responsibilities are carried out: 1.) Monitoring Documents CDOT will use the current Scope of Work, and and approved study designs, in reviewing the progress being made by GRANTEE to meet the commitments in this Contract. The Scope of Work must include all activities, deliverables, performance measures, and Budgets committed to by GRANTEE. 2.) Monitoring Meetings Meetings between CDOT and GRANTEE representatives will be conducted at CDOT's discretion for the purpose of reviewing progress, resource allocations, and billings. 3.) Progress and Financial Reports CDOT will prepare and submit progress and financial reports to the appropriate federal agencies.4 ScenicBywaysGrant.01.Aprl 1— originated from approved OSC Grant template Rev 1/12/11 Page 12 I Elk Park Project Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 37 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 E. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grantee or which may affect GRANTEE's ability to perform its obligations hereunder, GRANTEE shall notify CDOT of such action and deliver copies of such pleadings to CDOT's principal representative as identified herein. If CDOT's principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT. F. Noncompliance Any product that GRANTEE has committed to in the Scope of Work not produced and justification not provided in a timely manner in accordance with this §9, and having been determined by the State the Agency has materially failed to comply with the terms and conditions of this Grantee, may result in the delay of payment of funds and/or termination as provided under this Grantee. The following steps, in accordance with 49 CFR 18.43, will be implemented by CDOT: 1.) CDOT representative will meet with GRANTEE representative to discuss performance. 2.) The CDOT representative will report the progress to the CDOT Division of Transportation Development Director. 3.) The Director will issue a decision as to whether performance is satisfactory or unsatisfactory. If performance was determined to have been unsatisfactory, CDOT shall determine if a reduction in allocation is appropriate. GRANTEE will be notified of any decisions made by CDOT. G. Subgrants Copies of any and all subcontracts entered into by GRANTEE to perform its obligations hereunder shall be submitted to CDOT or its principal representative upon request by CDOT. Any and all subcontracts entered into by GRANTEE related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subcontracts be governed by the laws of the State of Colorado. GRANTEE is responsible for monitoring the Work activities of Subcontractors and Consultants. H. Additional Requirements for Rights in Data, Documents, and Computer Software Whenever possible, published material shall acknowledge the financial participation of CDOT and/or the FHWA and other agencies contributing funding to the Work Product. Any published material acknowledging the contribution of the FHWA shall include the federal disclaimer statement: "FUNDED BY THE FHWA". Published materials include any non - internal documents, reports, maps, photographs, computer software, or like materials that are intended to be viewed by those outside of CDOT, and Grantee. Patents: In addition to the standard patent rights clauses of 37 C.F.R. §401 et. al, and other applicable laws and regulations, CDOT, Grantee, and either party's subrecipients are subject to the provisions of 37 CFR part 401, governing patents and inventions whereby "The subgrantee or Grantee will retain all rights provided for the State in this clause, and the State will not, as part of the consideration for awarding the subgrant or contract, obtain rights in the subgrantee's or Grantee 's subject inventions." THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK ScenicBywaysGrant0l.Aprl 1 — originated from approved OSC Grant template Rev 1/12/11 Page 13 Elk Park Project, Pitkin County- LPOR Application and Supporting Documents, Spring 2012 Page 38 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 EIi�TT E — RECORDS additional provisions GRANTEE shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance GRANTEE and any consultants shall maintain all books, records, and other documentation pertaining to authorized Scope activities and to completely substantiate all costs incurred and billed to CDOT during the current Program Period and for a period of three (3) years from the date of closure of the project under the terms of this Contract. These records shall be made available for inspection and audit to CDOT, FHWA, or the Comptroller General of the United States, and copies thereof shall be furnished, if requested. GRANTEE shall include this record keeping/audit requirement in any Contract with any consultant employed to perform Scope activities by expressly requiring the consultant to comply with this requirement. B. Inspection of Grantee In accordance with Section 9, the State and FHWA are specifically authorized to review and inspect at all reasonable times all such records and all technical and financial aspects of the activities described in the Scope. FHWA will arrange such review and inspections through CDOT. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grantee, including any extension period. C. A -133 In accordance with the provisions of OMB Circular Na A -133: "Audits of States, Local Governments, and Nonprofit Organizations", all nonfederal entities including state and local government and non-profit organizations, receiving more than $500,000 from all federal financial assistance funding sources, shall comply with the audit requirements of A -133 (see also, 49 CFR 18.26). Compliance with A -133 is required in the following manner 1) If the Sub - Grantee expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. 2.) If the Sub- Grantee expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. 3.) If the Sub - Grantee expends more than $500,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. 4.) Single Audit can only be conducted by an independent auditor in accordance with generally accepted government auditing standards covering financial audits (49 CFR 18.26). An audit is an allowable direct or indirect cost. # Sceni originated from approved OSC Grant template Rev 1 /12/11 Page 14 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 39 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: i 1 -HTD -31201 EXHIBIT F — LOCAL ENTITY PAYMENT CHECKLIST Local Entity Payment Checklist 01/19/2011 This checklist is to assist the Grantees (local entities in preparation of their billing packets to CDOT. All items may not apply to your particular entity. Our goal is to reimburse local entities as quickly as possible and a well organized and complete billing packet helps to expedite payment. ❑ Information to be included on the Invoice from the local entity ✓ PO Number ✓ WBS ✓ Section/Program Number ✓ Name ✓ Address ✓ Phone Number ✓ Invoice Number ✓ Billing Period ✓ Total Amount of Contract, Previous Contract Balance, Total Eligible Expenses, federal or state Share, Grantee (Local Share), New Contract Balance and Total Amount to be Reimbursed to Agency ✓ Signature of Local Entity Financial Representative ❑ Copies of invoices from the Grantee contractors (Tier 1 and some Tier IIs) ✓ Include a copy of the specific document the contractor used to invoice the Grantee. The Grantee is responsible for ensuring that the backup matches the invoice and is eligible for reimbursement. ✓ The CDOT grant/project manager will review and determine if the Grantee expenses are eligible for reimbursement. ✓ If the Grantee pays the contractor a discounted amount, the full amount cannot be reimbursed to the Grantee. The Grantee will only be reimbursed up to the actual amount paid to the Grantee's vendor. ✓ Please ensure that all payment vouchers include some notation of when it was paid or approved for payment. ✓ Invoice(s) should match the check amount. An additional explanation and documentation is required for any variances. • Estimates, statements and emits are not acceptable in lieu of an invoice copy. Copies of checks (AM Tiers) ✓ All of the following are acceptable - copies of checks, check registers, approved accounting system generated expenditure ledgers showing the amount paid, the check number or electronic funds transfer (EFT) and the date paid. ✓ CDOT needs to ensure that expenditures incur red by the local agencies have been paid by the Grantee before CDOT is invoiced by the Grantee. El Expenditure ledger (All Tiers) ✓ An expenditure ledger needs to be submitted from the Grantee's financial accounting system. The report should display the accounting system information, date of the report, accounting period, =rent period transactions, and the account coding for all incurred expenditures. Excel spreadsheets are not approved expenditure reports. However, an additional excel spreadsheet may be required in order to explain any variances between the expenditure and the amount eligible for reimbursement. (1; ScaucBywaysGnant01.Apr11— originated from approved OSC Grant template Rev 1 /12/11 Page 15 Elk Park Project, Atkin County - LPOR Application and Supporting Documents, Spring 2012 Page 40 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 ✓ CFR 49 part 18 Section 18.20 Standards for financial management systems requires the local agencies to have approved accounting systems so this should not be difficult to generate by cost center specific to the reimbursable project. The expenditure report is a good summary page if there is substantial documentation. ✓ If the Grantee has copies of the invoice(s) and check(s) you do not need the expenditure ledger also, but the invoices must be marked as approved for payment. ❑ Time sheets (Tier I and some Tier Hs) ✓ Timesheets should show a breakdown of all hours and all projects worked for the day, week, month or time collection period. The time sheet must also be signed or approved either in ink or electronically. If an electronic approval occurs, the supervisors' signature will be required on the electronic time report submitted for reimbursement. . ✓ Backup documentation for payroll expenses includes the time sheet, an hourly or salary rate and a payroll ledger indicating total hours, wages, and benefits. If there is sensitive information such as social security numbers or addresses, please block or delete that infonnation prior to submitting it. ❑ In kind match — If an entity wishes to use in -kind match, it must be approved by CDOT prior to any work taking place. (A11 Tiers) ✓ If an in kind match is being used for the local match the in -kind portion of the project must be included in the project application and scope of work attached to the contract or purchase order. FTA does not require pre - approval of in -kind, but CDOT does. ✓ Documentation such as an invoice copy, time sheet, etc. is still required for all in -kind transactions. The documentation varies depending on the source of the in -kind. ✓ Expenditure ledger from the Grantee must also show the in kind match in their general ledger. ✓ If the Grantee is using in kind match, they also need to attach a drawdown schedule indicating how much in -kind match was received, the date they received it, how much has been applied to the current invoice and how much has been carried forward. The carry forward balance for in -kind expires when the contract term expires. ✓ Full documentation will be required on the use of in -kind match, regardless of the Tier held by the tutee. ❑ Indirect costs- If an entity wishes to use indirect costs, the rate must be approved by CDOT prior to applying it to the reimbursements (All Tiers) ✓ If indirect costs are being requested, please submit an approved indirect letter provided by either CDOT or your cognizant agency. 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.. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK ScesicBywaysG+mt01.Apr11— originated from approved OSC Grant template Rev 1 /12/11 Page 16 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 41 • CDOT — Division of Transportation Development SAP PO It 291001030 CMS #: 11 -HTD -31201 EXHIBIT G — OPTION LETTER (SAMPLE) Date: 1 State Fiscal Year: f Option Letter No. 1 CLIN Routing # 1) OPTIONS: Choose all applicable options listed in §1 and in §2 and delete the rest. a. Option to renew only (for an additional term) b. Change in the amount of goods within current term c. Change in amount of goods in conjunction with renewal for additional term d. Level of service change within current tens e. Level of service change in conjunction with renewal for additional teen f. Option to initiate next phase of a contract 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Options 1(a -c): In accordance with Section(s) of the Original Contract routing number between the State of Colorado, Insert Name of Department or Higher Ed Institution , and Contractor's Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date at a cost/price specified in Section , AND /OR an increase/decrease in the amount of goods/services at the same rate(s) as specified in Identify the Section, Schedule, Attachment, Exhibit etc. 1,. For use with Option 1(fl, please use the following: In accordance with Section(s) of the Original Contract routing number between the State of Colorado, Insert Name of Department or Higher Ed Institution, and Contractor's Name, the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc for the term beginning Insert start date and ending on Insert ending date at the cost/price specified in Section e. For use with all Options 1(a -fl: The amount of the current Fiscal Year contract value is increased/decreased by $ amount of change to a new contract value of Insert New $ Amt to as consideration for services/goods ordered under the contract for the current fiscal year indicate Fiscal Year The first sentence in Section is hereby modified accordingly. The total contract value including all previous amendments, option letters, etc. is Insert New $ Amt. 3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later THE GRANTEE STATE OF COLORADO INSERT -Legal Name of the Grantee J ohn W. Hickentoo er. GOVERNOR By: INSERT-Name of Authorized Individual p Title: INSERT - Official Title of Authorized Individual Colorado Department of Transportation Donald E. Hunt, Executive Director By: INSERT -Name & Title of Person Signing for Agency or *Signature IHE Date: Date: ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24- 30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. State Controller David J. McDermott, CPA By: Date: Effective Date: 1/6/09 -Rev 8/25/09 SceoicBywaysGrant.O1.Aprl 1— originated from approved OSC Grant template Rev 1/12/11 Page 17 i Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 42 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 EXHIBIT H- REQUIRED CONTRACT PROVISIONS -FHWA FHWA-1273 Electronic melon - Mira 10.1994 FHWA Form 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS for Appalachian contracts, when applicable as specified in I. Gmeml 1 Auacfinent A), or II. Nondiscrimination 1 !IL Nonsegregated Facilities 3 b. employ convict labor for any purpose within the limits of IV. Payment of Predetermined Minimum Wage 3 the project unless it is labor performed by convicts who am on parole, V. Statements and Payrolls 6 supervised release, or probation. VL Record of Materials, Supplies, and Labor 6 VIL Subletting or Assigning the Contract 7 II. NONDISCRIMINATION VII. Safely: Accident Prevention. 7 IX. False Statements Concaning Highway Projects 7 (Applicable to all Federal -aid constucfion contracts and to all X. Implementation of Clean Air Act and Federal Water Pollution related subuwaacts of $10,000 or more.) Control Act 8 XI. Certification Regarding Debarment, Suspension, Ineligibility, and 1. Equal Empteymeut Opportunity: Equal employment Voluntary Exclusion 8 opportunity (EEO) requirements not to discriminate and to take XIL Certification Regarding Use of Contract Funds for Lobbying 9 affirmative actin to assure equal opportunity as set forth under laws, executive codas, tiles, regulations (28 CFR 35, 29 CFR 1630 and 41 ATTACHMENTS CFR 60) and orders of the Secretary of labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 A. Employment Preference for Appalachian Contracts shall constitute the EEO and specific affirmative action standards for (included m Appalachian contracts only) the contractor's project activities under this contract. The Equal Opportunity Conetmmnon Contact Specification set forth under 41 I. GENERAL CFR 60-4.3 and the provisions of the Amadean Disabilities Act of 1990 (42 U.S.C. 12101 g 8174.) set forth under 28. CFR 35. and 29 I. These contact provisiona shall apply to all weak performed on CFR 1630 are incorporated by regnant in this contract In the the contract by the contractors own organization and with the execution of this contact, the contractor agrees to comply with the assistance of workers under the contractors immediate sttptin- following minimum specific requirement activities of EEO: tendace and to all work performed on the contract by piecework, station wodc, or by subcontract a. The contactor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations 2. Except as otherwise provided for in each section, the contractor and in their review of his//her activities under the contract shall inset in each subcontract all of the stipulations contained in these -Required Contract Provisions, and further tegmre their b. The contractor will accept as his operating policy the inclusion in any lower tier subcontract or purchase order that may in following statement: turn be. made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shag be "h is the policy of this Company to acme that applicants are responsible for compliance by any subcontractor or lower tier employed, and that anployees are trated fining anploymen , subcontractor with these Respired Contract Provisions. without regard to their ace, religion, sex, cola, national origin, age or disability. Such action shall iacluudc mpbyment, 3. A breach of any of the stipulations contained in these Required upgrading, demotion, or transfer, recntment or recruitment Contract Provisions shall be sufficient grounds for termination of the advatising layoff or termination; rates of pay or other forms of contract compensation; and selection for training, including apprentice- ship, peappaticaldp, and/or on-the-job training." 4. A breach of the following clauses of the Required Camas Provisions may also be grounds for debarment as provided in 29 CFR 2. EEO Officer: The contractor will designate and make known 5.12: to the SHA contracting offices an EEO . Officer who will have the responsibility for and must be capable . of effectively. administering Section 1, paragraph Z and promoting an active contractor program of EEO and who must be Section IV, paragaphe 1, 2, 3, 4, and 7; assigned adequate authority and responsibility to do so. Section V, paragraphs 1 and 2a through 2g. 3. Masturbation of Palley: All mambas of the contractors staff 9. Disputes arising out of the labor standards provisions of Section who are authorized to hire, supervise, promote, and discharge IV (except pemgaph 5) and Section V of these Required Contract employees. or who recommend such action, or who are subetan ially Provisions shall not be subject to the general disputes clause of this involved in such action, will be made fully cognizant of, and will contract Such disputes shall be resolved in accordance with the implement, the contractor's EEO policy and contractual procedures of the U.S. Department of Labor ( DOG) as set forth in 29 responsibilities to provide EIO in each grade and cbssification of CFR 5, 6, and 7. Disputes within the meaning of this clause include employment. To ensue that the above agreement will be met the (lignites between the contractor (or any of its subcontractors) and the following actions will be taken as a minimum: - contracting agency, the DOI, or the contractors employees or they representatives. a. Parodic meetings of supervisory and pasonnd office employees will be conducted before the stall of work and then not 6. Setectlon of Labor: During the performance of this contract, leas often than once every six months, at which time the contractor's the contractor shall not EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Offices. a. discriminate against labor from any other State, possession, or teaitory of the United States (except for employment preference • ScenicBywaysGrantOl.Aprl 1 originated from approved OSC Grant template Rev 1/12/11 Exhibit C Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 43 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all c. All personnel who are engaged in direct recndtment for the major aspects of the contractor's EEO obligations within thirty days project will be instructed by the EEO Officer in the contractor's following their reporting for duty with the contractor. procedures for locating and hiring minority group employees. shall include such other persons. Upon completion of each d. Notices and postal setting forth the contractor's EEO investigation, the contactor will inform every complainant of all of policy will be placed in areas readily accessible to employees, his avenues of appeal. applicants for employment and potential employees. 6. Training and Promotion: e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employes a. The contractor will assist in locating, qualifying, and by means of meetings, employee handbooks, or other appropriate increasing the skills of minority group and women employees, and means. applicants for employment 4. Recruitment: When advertising for employees, the contractor b. Consistent with the contractors work force requirements will include in all advertisements for employees the notation: "An and as permissible under Federal and State regulations, the contractor Equal Opportunity Employer." All such advatisemema will be shall make full use of training programs, i.e., apprenticeship, and placed in publications having a Inge circulation among minority on-the-job training programs for the geographical area of contract ', groups in the area from which the project work face would normally performance. Where feasible, 25 percent of apprentices or trainees in be derived. each occupation shall be in their first year of apprenticesbip or training. In the event a special provision for training is provided a. The contractor will, unless precluded by a valid bargaining under this contract, this subparagraph will be superseded as indicated agreement, conduct systematic and direct recruitment through public in the special provision. and .private employee refeml sources likely to yield qualified minority group applicants. To meet this requirement, the conwetor c. The contractor will advise employees and applicants for will identify sources of potential minority group employee, and employment of available training programs and entrance establish with such identified sources procedures whereby minority eequiretnenls for each. group applicants may be referred to the contractor for employment consideration. d. The contractor will periodically review the training and promotion potential of minority group and women employees and b. In the event the contractor has a valid bargaining agreement will encourage eligible employees to apply for such training and providing for exclusive hiring hall referrals, he is expected to observe promotion the provisions of that agreement to the anent that the system permits the contractor's compliance with EEO contract provisions. (The DOL 7. Unions: If the contractor relies in whole or in pan upon union has held that where implementation of such agreanents have the as a space of employees, the contractor will use his/her beat efforts effect of discriminating against minorities or women, or obligates the to obtain the cooperation of such unions to increase opportunities for connector to do the same, such implementation violates Executive minority groups and women within the anions, and to effort referrals Order 11246, as amended) by such unions of minority and feale employees. Actions by the contractor either directly or through a contractors association acting c. The contractor will moorage his present employes to as agent will include the procedure sot forth below: refer minority group appliance for eugrloyment. Information and procedures with regard to referring minority group applicants will be n The contractor will use beat efforts to develop, in discussed with employees. coopaation with the unions, joint training programs aimed toward qualifying more minority group membas and women for membership 5. Personnel Actions: Wages, working conditions, and employee in the unions and increasing the skills of minority group employees benefits shall be established and administered, and personnel actions and women so that they may qualify for higher paying employment. of every type, including hiring, upgrading, promotion, transfer, demotion, layolly and termination, shall be taken without regard to b. The contractor will use best efforts to inemporate an EEO race, color, religion, sex, national origin, age or disability. The clause into each union agreement to the end that such union will be following procedures shall be followed: contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not c. The contractor is to obtain information as to the refenel indurate discriminatory treamnat of project site personnel. practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and b. The contractor will periodically evaluate the spread of such labor union refuses to furnish such intonation to the contractor, wages paid within each classification to determine any evidence of the contractor shall so certify to the SHA and shall sot forth what discriminatory wage modem. effo' rtes have been made to obtain such information. c. The contractor will periodically review selected pommel d. In the event the union is unable to provide the contractor actions in depth to detennine whether there is evidence of diserimi- with a reasonable flow of minority and women referrals within the nation. Where evidence is found, the contractor will promptly take time limit sex forth in the collective bargaining agreement, the connotive action If the review indicates that the discrimination may contractor will, through independent recruitment efforts, fill the extend beyond the actions reviewed, such corrective action shall employment vacancies without regard to nice, color, religion, sex, include all affected persons. national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The d. The contractor will promptly investigate all complaints of alleged DOL has held that it shall be no excuse that the union with which the diacrimination made to the contactor in connection with his contractor has a collective bargaining agreement providing for obligations under this contract, will attempt to resolve such exclusive referral failed to refer minedty employees.) In the event complaints, and will take appropriate corrective action within a. the union referral practice prevents the contractor from meting the reasonable time. if the investigation indicates that the discrimination obligations pursuant 16 Executive Order 11246, as amended, and / /�I may affect persons other than the complainant, such corrective action N SceticBywaysGrant.Ol.Aprl 1 originated from approved OSC Grant tatplate Rev 1 /12/11 Exhibit C Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 44 • CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 the special provisions, such compactor shall immediately notify the grounds of race, color, religion, sac, national origin, age or disability SHA. in the selection and retention of subcontractors, including procure- ment of materials and leases of equipment. - 8. Selection of Subcontractors, Proearemeat of Materials and Leasing of Equipment: The contractor shall not diswimirmte on the a. The contractor shall notify all potential subcontractors and b. As used in this certification, the tam "segregated facilities" l i p suppliers of his/her EEO obligations under this contract mans any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeelocks, locker rooms, and b. Disadvantaged business enterprises (DBE), as defined in 49 other storage or dressing areas, parking Tots, drinking fountains, CFR 23, shall have equal opportunity to compete for and perform recreation or entertainment areas, transportation, and housing subcontracts which the contractor enters into pursuant to this contract facilities provided for employees which are segregated by explicit The contractor will use his bat efforts to solicit bide from and to directive, or are, in fact, segregated on the basis of race, color, utilize DBE subcontractors or subcontractors with meaningful 'elision, national origin, age or disability, because of habit, kraal minority group and fatale representation among their employees. custom, or otherwise. The only exception will be for thc disabled ', ... Contractors shall obtain lists of DBE construction firms from SHA when the demands for accessibility override (e.g disabled parking). personnel. c. The contractor agrees that it has obtained or will obtain idateal c. The contractor will use his best efforts to ensure subcon- certification from proposed subcontractors or material suppliers price tractor compliance with their EEO obligations. to award of subcontracts or consuramatkn of mtaial supply agree- meats of 510,000 or more and that it will retain such catifrcations in 9. Records and Reports: The contactor shall keep such records its files. as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three yam following IV. PAYMENT OF PREDETERMINED MINIMUM WAGE completion of the contract work and shall be available at reasonabte times and places for impaction by authorized representatives of the (Applicable to all Federal -aid construction contracts exceeding SHA and the FHWA. 52,000 and to all related subcontracts, except for projects located on roadways classified as local toads or mini minor collectors, which an a. The records kept by the contractor shall document the acme(.) following. I. General: (1) The number of minority and ran- minority group members and women employed in each work classification on the a. All mechanics and laborers employed or working upon the Project: site of the work will be paid unconditionally and not leas often than once a week and without subsequent deduction or rebate on any (2) The progress and efforts being made in cooperation account [except such payroll deductions as are p®kted by with unions, when applicable, to increase employment opportunities regulation (29 CFR 3) issued by the Secretary of Labor under the for minorities and women; ,Copland Act (40 U.S.C. 276c)] the fill amounts of wages and boa fde fringe benefits (or cash equivalents Want) due at time of (3) The progress and efforts being made in locating, payment. the payment shall be computed at wage rates not less than hiring, training, qualifying, and upgrading minority and female those contained in the wage daarniation of the Secretary of Labor employees; and (hereinafter "the wage determination') which is attached hereto and node a part hereof, regandlas of any contractual relationship which (4) The progr® and efforts being made in securing thc may be alleged to exist between We contractor or its subcontractors services of DBE subcontractors or subcontractors with meaningful and such laboras and mechanics. The wage determination (including minority and female representation among Weir employee. any additional classifications and wage rate conformed under paragraph 2 of this Section W and the DOL poster (WH -1321) or b. The contactors will submit an annual report to the SHA Fora FHWA -1495) shall be posted at all times by the contractor and each July for the duration of the project, indicating the number of its subcontractors at We site of the work in a prominent and accessible minority, woman, and non - minority group employees currently place what it can be easily seen by the workers. For the pmpae of engaged in each work classification requited by the contract work. this Section, contributions made or costs reasonably anticipated for This information is to be reported on Form FHWA -1391. If on-the - bona fide fringe benefits ender Section 1(bx2) of the Davis -Bacon job training is being required by special provision, the contactor will Act (40 U.S.C. 276a) on behalf of labours or mechanics are be required to collect and report training data. considered wages paid to such laborers or mechanics, subject to the provisions of Section W, paragraph 3b, hereof. Also, for the propose III. NONSEGREGATED FACILITIES of this Section, regular contnbutions made or costs incurred for more than a weddy period (bra not less ofm than quarterly) under plans, (Applicable to all Federal-aid construction contracts and to all f or progam, which cover the particular weekly period, are Sated subcontracts of 810,000 or more) deemed to be constructively made or incurred during such weeidy period. Such laborers and mechanics shall be paid the appropriate a. By submission of this bid, the amnion of this contract or wage rate and hinge benefits on the wage determination for the subcontract, or the cormmmdon of this material supply agreement classification of work actually performed, without regard to skill, or purchase order, as appropriate, the bidder, Fedetal'aid contraction except as provided in paragraphs 4 and 5 of this Section IV. contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that We fret does not maintain or provide for its employees b. Laborers or mechanics performing work in more than one any segregated facilities at any of its establishments, and that the fire classification may be compensated at the rate specified for each does not permit its employees to perform their service at any classification for the time actually worked therein, provided, that the location, coda its control, where segregated facilities are maintained. employer's nayroll records acmruely sex forth We time spent in each The fnm agrees that a breach of this certification is a violation of the classification in which work is performed. IEBG provisions of this contract. The fiat further CQtifra ibat no , / / employee will be denied access to adequate facilities on de basis of ( /� (((� sex or disability. SemicBywaysGmnt.01.Aprl 1— originated from approved OSC Grant template Rev 1/12/11 Exhibit C-2 i Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 45 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 c. All rulings and interpretation of the Davis -Bacon Act and pan of the wages of any laborer or mechanic the amount of any coals related acts contained in 29 CFR 1, 3, and 5 are herein incorporated reasonably anticipated in providing bona fide fringe benefits under a by reference in this contract. plan or program, provided, that the Secretary of labor has found, upon the written request of the contractor, that the 2. Classifiatioa: standards of tbe Davis -Bacon Act have been met. The Secretary b of Labor may require the contractor to set aside in a separate account a. Tbe SHA contracting officer shall require that any class of assets for the mewing of obligations under the plan or program. laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance 4. Apprentices and Trainees (Programs of the U.S. DOL) and with the wage determination. Helpers: b. The contracting officer shall approve an additional classification, a. Apprentices: wage rate and fringe benefits only when the following criteria have been met: (I) Apprentices will be permitted to work at leas than the predetemined rate for the work they performed when they are (1) the work to be performed by the additional employed pursuant to and individually registered in a bona fide classification requested is not performed by a classification in the apprenticeship program registered with the DOI, Employment and wage detarnimtien: Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a (2) the additional classification is utilized in the area by person :is : employed in his/her first 90 days of probationuy the construction industry; employment as an apprentice in such an apprenticeship program, who is not individually registered in the pmgam, but who has been (3) the proposed wage rate, including any bona fide fringe certified by the Bureau of Apprenticeship and Training or a State benefits, bats a reasonable relationship to the wage rates contained apprenticeship - agency (where appropriate) to be eligible for in the wage determination; and probationary employment as an apprentice. (4) with respect to helpers, when such a classification (2) The allowable ratio of apprentices to journeyman- prevails in the area in which the work is performed level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work c. If the contractor or subcontractors, as appropriate, the force under the rcgiatered program. Any employee listed on a payroll laborers and mechanics (if known) to be employed in the additional at an apprentice wage rate, who is not registered or otherwise classification or their representatives, and the contracting officer employed as stated above, shall be paid not leas than the applicable agree on the classification and wage rate (including the amount wage rate listed in the wage detamimtion for the classification of designated for fringe benefits where appropriate), a report of the work actually performed. In addition, any apprentice performing action taken shall be sent by the contracting officer to the DOL, work at the job site in excess of the ago permitted under the Administrator of the Wage and Hour Division, Employment Stan - registered program shall be paid not less than the applicable wage mate dads Administration, Washington, D.C. 20210. The Wage and How on the wage determination for the work actually performed. Where a Administrator, or an authorized representative, will approve, modify, :contractor or subcontractor is performing construction on a project in or disapprove every additional classification action within 30 days of a locality other than that in which its program is registered, the ratios receipt and so advise the contracting officer or will ratify the and wage. rata. (expressed in percentages of the journeyman -level contracting officer within the 30-day period that additional time is hourly:tate) specified in the contractor's or subcontractor's registered necessary. program shall be observed. d. In the event the contractor or subcontractors, as appropriate, (3) Every apprentice must be paid at not leas than the mte the laborers or mechanics to be employed in the additional specified in the registered program for the apprentice's level of classification or their representatives, and the contracting officer do progress, expressed as a percentage of the joumeyman-level hourly me agree on the proposed classification and wage rate (including the Late specified in the applicable wage determination. Apprentices shall amount designated for fringe benefits, where appropriate), the be paid fringe benefits in accordance with the provisions of the contracting officer stall refer the questions, including the views of all apprenticeship program. If the apprenticeship program does not interested parties and the recommendation of the contracting office, specify fringe benefits, apprentice must be paid the full amount of to the Wage and Hour Administrator for determination. Said fringe benefits listed on the wage determination for the applicable Administrator, or an aut representative, will issue a dete mi- classification. If the Administrator for the Wage and Hour Division nation within 30 days of receipt and so advise the contracting officer determines that a different practice prevails for the applicable or will notify the contracting officer within the 30-day period that apprentice classification, fringes shall be paid in accordance with that additional time is necessary determination. e. The wage rate (including fringe benefits where appropriate) (4) In the event the Bureau of Apprenticeship and Training, or a State determined pursuant to parag aph 2c or 2d of this Section IV shall he appraide:ship agency recognized by the Bureau, withdraws approval paid to all workers performing work in tbe additional classification of an apprenticeship program, the contractor or subcontractor will no fiat the first day on which work is performed in the classificatiori longer be permitted to utilize apprentices at less than the applicable predetemtined rate for the comparable work performed by regular 3. Payment of Fringe Benefits: employees until an acceptable program is approved. a. Whenever the minimtmt wage rate prescribed in contract b. Trainees: for a class of laborers or mechanics includes a fringe benefit which is not expressed as an homIy ante, the contractor or subcontractors, as (1) : Except as provided in 29 CFR 5.16, trainees will not be permitted appropriate, shall either pay the benefit as slated in the wage to work at less than the predetermined ram for the work performed determination or shall pay another bona fide fiinge benefit or an unless they are employed pursuant to and individually registered in a hourly case equivalent thereof: program which has received prior approval, evidenced by formal b. If the contractor or subcontractor, as appropriate, does not make certification by the DOL, Employment and Training Administration. � � payments to a tmstee or other third person, he/sbe may consider as a Se enicBywaysGrant.Ol.Aprl1— originated fiom approved OSC Grant template Rev 1/12111 Exhibit C - 3 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 46 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: (2) The ratio of trainers to journeyman-level employees father payment, advance, or guarantee of funds until such violations on the job site shall not be greater than permitted under the plan have ceased. approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered 7. Overtime Requirements: and participating is a tanning plan approved by the Employment and Training Administration shall be paid not km than the applicable No contractor m suboontmetor omnmaeting for any par wage tale on the wage deteamination for the classification of work of the contract wodc which may requite or involve the employment of actually performed. In addition, any trainee performing work on the laborers, mechanics, watchmen, or guards (including warm= job site in excels of the ratio pamitled under the registered programs trainees, and helpers decertbed in paragraphs 4 and 5 above) shall shall be paid not Ices than the applicable wage rate on the wage require or permit any laborer, mechanic, watchman, or guard in any determination for the work actually performed. workweek in which helshe is employed on such work, to work a caeca of 40 hours in suel3 (3) Every trainee must be paid at not less than the rate watchman, or guard receives � unless such • m - specified in the approved program for his/her levy of ca ntaofontamte a hours than progress, and-one-half times Mather basic ate of pay for all bouts worked in acpnned as a percentage of the journeyman -level hourly rate excess of 40 bouts in such workweek specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee 8. Violation: program. If the trainee program does not mention fringe benefits, trainee shall be paid the full amount of (tinge benefits listed on the liability for Unpaid Wages; Liquidated Damages: In the event wage determination =km the Administrator of the Wage and Hour of any .violation of the clause set teeth in paragraph 7 above, the Division determines that them is an apprenticeship program contractor and any subcontractor responsible thereof absll be liable to associated with the corresponding journeyman-level wage rate on the the affected employee for his/her unpaid wages. In addition, such wage determination which provides for less than full fringe benefits contractor and subcontractor shall be liable to the United States (in for apprentices, in which case each trainees shall receive the same the case of work done under contract for the District of Columbia or a fringe benefits as apprentices. taritory, to such District or to such tannery) for liquidated damages. (4) In the event the Such .liquidated damages shall be computed with respect to each Employment a Training individtal laborer, mechanic, watchman, or guard employed in Administration withdraws approval of a trailing program, the violation of the clause set forth in paragraph 7, in this sum of 310 for for or subcontractor will no longer be permitted to utilize each pleader day on which such employee was uired or pennitted trainees at let than the applicable medetamined rote for the work to wait is excess of the o q 40 boom without performed until an acceptable program is approved. payment of the overtime wages requiteg by the cause see forth in c. Helpers 9. to oak on a 9. Withholding for Unpaid Wages and Liquidated Damages: will be Helpers permitted project classification is specified and defined on the applicable wage The SHA Mali upon its own action or who is not a upon written determination or is approved pursuant to the conformance Pon meanest of any set forth in Section IV.2. Any wisher listed on a payroll at withheld. l any monies of the DM account ou t ofd, rr cause by m, under a tan t eld, hh n c tor any monies c oraul of work or performed any o wage tat; ere helper approved definition, Slag be the connector or subcontractor render any such contract or any other paid not lass than the applicable wage ate on the wage daamination Federal contact with the same prime contactor, m any other for classification ofworkaauaflypaformed. Fedaally-assisted contact anbject to the Contract Woh Home and Safety Standards Act, which is held by the same prime connector, 5. Apprentices and Trainees (Programs of the U.S. DOT): such seam as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and Apprentices and trainees working under apprenticeship liquidated damages as provided in the clause set fair in paragraph 8 and skill training programs which have been certified by the Secretary above. of Transportation as promoting EEO in connection with Fedaalaid highway construction programs are not subject to the requirements of V. STATEMENTS AND PAYROLLS paragraph 4 of this Section N. The straight time hourly wage rates for apprentices and tmineea under such programs will be established (Applicable to all Federal -aid construction contracts excesding by the particular programs. The ratio of apprentices and trainees to $2,000 and to all elated subcontract, except for projects located on journeymen shall not be grater than permitted by the terms of the roadways classified as local roads or rural col soar, which arc particularprogam. exempt) 6. Wlthhetding: 1. Compliance with Copland Regulations (29 CFR 3); The SHA shall upon its own action or upon written The connector shall comply with the Copeland Regula- request of an authorized representative of the DOL withhold, or cause lions of the Secretary of Labor which are herein incorporated by to be withheld, from the contractor or subcontractor under this reference. =Mat or any other Fetal connect with the same prima connector, or any other Federally-assisted contract subject to Davis -Bacon 2. Payrolls sad Payroll Records: prevailing wage requirements which is held by the same prime contractor, as much of the accrual payments or advances as may be a.Payrolls and basic reaords relating thereto shall be considered necessary to pay laborers and mechanics, eluding maintained by the contractor and each subcontractor during the spprenticm naineea, and halpas, employed by the contractor or any course of the work and preserved fora period of 3 yam from thedate subcontractor the full amount of wages required by the contract In of completion of the contract for all aboras, mechanics, apprentices, the even of failure to pry any taborer or mechanic, including any trainees, watchmen, helpers, and guards woddng at the site of the apprantce, trainee, or helper, employed or woddng on the site of the work work, all or pan of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any 5/S or SceoicBywaysantol.Aprl 1— originated from approved OSC Grant template Rev 1/12/11 Exhibit C - 4 ((// Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 47 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -FITD -31201 b. The payroll records shall contain the name, social security SHA, the FHWA, or the DOL, and shall permit suck representatives number, and address of each such employee; his or ha correct to inteaview employees during working hours on the job. If the classification; hourly rates of wages paid (including rates of contractor or subcontractor fails to submit the required records or to contr or costs anticipated for born fide fringe benefits or cash make them avail able, the SHA, the FHWA, the DOL, or all may, after equivalent thereof the types described in Section l(b)(2)(13) of the written notice to the contractor, sponsor, applicant, or owner, take Davis Bacon Act); daily and weekly number of hoots worked; such actions as may be necessary to cause the suspension of any deductions made; and actual wags paid. In addition, for Appal- further payment, advance, or guarantee of funds. Furthermore, failure chitin contracts, the payroll records shall contain a notation indicating to submit the required records upon request or to make such records whether the employee does, or does not normally reside in the labor available may be grounds for debarment action pursuant to 29 CFR Mt . as defined in Atachme t A, paragraph 1. Whatever the 5.12. Secretary of labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR costs reasonably anticipated in providing bests under a plan or program described in Section l(bi(2i(B) of the Davis Bacon Act, the 1. On all Federal -aid contracts on the National Highway System, contractor and each subcontractor shall maintain reoords which show except those which provide solely for the installation of pmtective that the commitment to provide such benefits is enforceable, that the devices at railroad grade crossings, those which are constructed on a plan or program is fmmddally responsible, that the plan or program force account or direct labor basis, highway beautification contacts, has been communicated in writing to the laborers or mechanics and contracts for which the total final construction cost for roadway affected, and show the cost anticipated or the actual cost incurred in and bridge is less than S1, 000,000 (23 CFR 635) the contactor shall: providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain a. Become familiar with the list of specific materials and written evidence of the registration of apprentices and trainee', and supplies contained in Form FHWA -47, "Statement of Materials and ratios and wage rates prescribed in the applicable programs. Labor Used by Contractor of Highway CAnatnetion Involving Federal Funds," prior to the commencement of work under this c. Each contractor and subcontractor shall famish, each week contract in which any contract work is performed, to the SI"A resident engineer a payroll of wages paid each of its employees (including b. Maintain a record of the total cost of all niatetials and app®tices, trainee, and helpers, described in Section IV, paragraphs supplies purchased for and incorporated in the work, and also of the 4 and 5, mud watchmen and guards engaged on work during the quantities of those specific materials and supplies listed on Form Preceding weekly payroll period). The payroll submitted shall set out FHWA-47, and in the snits shown on Form FHWA -47. accurately and completely all of the iatbemation required to be maintained under paragraph 2b of this Section V. This information c. Furnish, upon the completion of the contract, to the SHA may be submitted in any form desired. Optional Form WH -347 is raid= engineer on Form FHW A47 together with the data required available for this purpose and may be purchased from the in paragraph lb relative to materials and supplies, a final labor Superintendent of Documeets (Federal stock number 029-005-0014- summary of all contract work indicating the total hours worked and 1), U.S. Government Priming Office, Washington, D.C. 20402. The the total amount earned print contractor is responsible for the submission of copies of payrolls by all subcontactoa. 2. At the prime contactors option, either a single repot covering all contract work or separate reports for the contractor and d. Each payroll submitted shall be accompanied by a for each subcontract shall be submitted. " Statement of Compliance," signed by the connector or subcontractor or bia/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: V11 SUBLETTING OR ASSIGNING THE CONTRACT (1) that the payroll for the payroll period contains the 1. The contactor shall perform with its own organization contact information requited to be maintained under paragraph 2b of this work amounting to not less than 30 percent (or a grater percentage if Section V and that such information is correct and complete; specified elsewhere in the contact) of the total original contract price, excluding any specialty items designated by the State. Specialty (2) that such laborer or mechanic (including each helper, items may be performed by subcontract and the amount of any such apprentice, and trainee) employed on the contact during the payroll specialty items performed may be deducted from the total original period has been paid the full weekly wages earned, without rebate, contract price before computing the amount of work required to be either directly or hdifeetly, and that no deductions have been made performed by the contactor% own organization (23 CFR 635). either d or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; a. Its own organization" shall be construed to include only workers employed and paid directly by the prime contactor and (3) that each laborer or mechanic has been paid not less equipment owned or rented by the prime contactor, with or without that the applicable wage rate and fringe benefits or cash equivalent operettas, Such term does not include employees or equipment of a for the classification of worked performed, as specified in the subcontractor, assignee, or agent of the prime contractor. applicable wage determination incorporated into the contact. b. "Specialty Items" shall be construed to be limited to work e. The weekly submission of a properly executed certification that requires highly specialized knowledge, abilities, or equipment not se' forth on the reverse aide of Optional Form WH -347 sball satisfy ordinarily available in the type of contracting organizations qualified the requitement for submission of the "Statement of Compliance" and expected to bid on the contact as a whole and in general are to be required by paragraph 2d of th is Section V. limited to minor components of the overall contract £ The falsification of any of the above certifications may 2. The contract amount upon which the requirements set forth subject the contractor to civil or criminal prosecution under 18 U.S.C. in paagraph I of Section VII is computed includes the cost of 1001 and 31 U.S.C. 231. material and manufactured products which am to be purchased or produced by the contractor under the contract provisions. g. The contactor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- / lion, copying, or transcription by authorized reprwenatives of the ;/ ScenicBywaysGmnt01. Aprl 1 originated from approved OSC Grant template Rev 1 /12/11 Exhibit C _ Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 48 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 association, jinn, or corporation. !mowing& make, any false 3. The contractor shall furnish (a) a competent superintendent or statement. false representation, or fake report as to the character. suupenisor who is employed by the fun, has full authority to direct quality, quantity, or cost of the material wed or to be wed or the performance of the work in accordance with the contact roquiro- quantity or quality of the work performed or to be performed or the meats, and is in charge of all construction operations (rogndlesa of cost thereof in connection with the submission of plans, maps, who performs the work) and (b) such other of its own organizational specifications, contracts or costs of confiniction an any highway or resources (supervision, management, and engineering ser vices) as the related protect submitted for approval to the Secretary of SHA contracting officer determines is necessary to assure the Transportation; or performance of the contract. Whoever knowing& makes any false statemen4 false 4. No portion of the contract shall be sublet, assigned or otherwise representation, false report or false claim with respect to the charuo- disposed of accept with the written consent of the SHA contracting ter, quailks quantity, or cost of any work performed or to be per - officer, or authorized representative, and such moment when given formed, or materfab furnished or to be furiked N connection with shall not be nonmed to relieve the contractor of any responsibility the construction of any highway or related protect approved by the for the fulfillment of the contract. Written consent will be given only Secretary of Transportation; or after the SHA has assured that each subcontract is evidenced in writing and that it contain all pertinent provisions and requirements of the prime contract. Whoever knowing& makes any false statement or false nwresentation as to material fact in any statement, certificate. or VIM SAFETY: ACCIDENT PREVENTION report submitted pursuant to pmvdon of the Federal-aid Roads Act approveddWy 1, 1916, (39 Slat. 355), as amended and supplemented: 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, Shall be faced not more that 510,000 or imprisoned not more than health, and sanitat ion (23 CFR 635). The contractor shall provide all 5 years or both." safeguards, safety devices and protective equipment and take any other naded actions as it determines, or as the SHA contracting X. IMPLEMENTATION OF CLEAN AIR ACT AND officer may determine, to be reasonably necrmary to protect the lift FEDERAL and health of employees on thejob and the safety of the public and to WATER POLLUTION CONTROL ACT protect property in cmmection with the performance of the work twvaed by the contract. (Applicable W all Federal -aid comkuction contracts and to all related subcontzacts of $100,000 or more.) 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the conductor enters into pursuant to this By submission of this bid or the execution of this contract, or contract, that the contractor and any subcontractor shall not permit subcontract, as appropriate, the bidder, FedaaFaid construction any employee, in performance of to contract, to work in sunound- contractor, or subcontractor, as appropriate, will be deemed to have lags or under conditions which are unsanitary, hazardous or stipulated as follows: dangerous to his/bar health or safely, as determined under comtnctioa safety and health standards (29 CFR 1926) promulgated 1. That any facility that is or will be utilized in the performance of by the Secretary of Labor, in accordance with Section 107 of the this contract, unless such contract is exempt ender the Clean Air Act, Contact Work Hours and Safety Standards Act (40 U.S.C. 333). as amended (42 U.S.C. 1857 g st. as emended by Pub,L 91-604), and under the Federal Wata Pollution Control Act, as amended (33 3. Pmsaant to 29 CFR 19263, k is a condition of this cornet that U.S.C. 1251 g Egg, as amended by Pub.L 92-500), Executive Order the Secretary of Labor or authorized representative thereof, shall have 11738, ad regulations in implementation thereof (40 CFR 15) is not right of entry to any site of contract patonaace to inspect or listed, on the date of contract award, on the U.S. Bnvirmmmental investigate the mate of compliance with the construction safety and Protection Agency (EPA) list of Violating Facilities pursuant to 40 health standards and to any out the duties of the Secretary under CFR 1520. Section 107 of the Connect Work Hours and Safety Standards Act (40 U.S.C. 333). 2. That the fmn agrees to comply and remain in compliance with all the raquiremaa of Section 114 of the Clan Air Act and Section 308 IX. FALSE STATEMENTS CONCERNING HIGHWAY of the Federal Water Pollution Control Act and all regulations and PROJECTS guidelines listed theramder. In order to assure high quality and durable constmction in 3. That des fum shall promptly notify the SHA of the receipt of any conformity with approved plans and specifications and a high degree communication from the Director, Office of Federal Activities, EPA, of reliability on statements and rcpresalstiom made by engineers, indicating that a facility that is or will be utilized for the contract is contactors, supplicate, and workers on Fdaal -aid highway projects, under consideration to be listed on the EPA list of Violating it is essential that all persons concerned with the project perform their Facilities. 6mctons as carefully, thoroughly, and honestly as 1oS le. Willful falsification, distortion, or misrepresentation with respect to any facer 4. That the firm agrees to include or cause to be include the related to the project is a violation of Federal law. To prevent any requirowams of paragraph 1 trough 4 of this Section X in every misuodeatand ng regarding the seriousness of these and similar acts, nonexempt subcontract, and father agrees to take such action as the the following notice shall be posted on each Federal-aid highway government may direct as a mans of enforcing such requirements. project (23 CFR 635) in one or mum pieces where it is readily available to all pawns concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL - AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of time Untied States, or of any State or Territory, or whoever, whether a person, Seenialywaysorent 01.Aprl 1 originated from approved OSC Grant template Rev 1/12111 Exhibit C Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 49 • � I CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD- 31201 XI. CERTIFICATION REGARDING DEBARMENT, i. Nothing contained in the foregoing shall be construed to SUSPENSION, require establisimtent of a system of records in order to render in INELIGIBILITY AND VOLUNTARY EXCLUSION good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is 1. Instructions for Certifiaaon - Primary Covered normally possessed by a P person ndem in the ordinary course of Transactions: business dealings. (Applicable to all Federal -aid contracts - 49 CFR 29) j. Except for transactions authorized under paragraph f of Brae instmctions, if a participant in a covered transaction knowingly a. By signing and submitting this proposal, the prospective enters into a lower tier covered transaction with a person who is primary participant is providing the certification set out below. suspended, debarred, ineligible, or vohmtarily excluded from b. of a to participation m this transaction, in addition to other remedies . The inability person provide the certification set out available to the Federal Government, the department or agency may below will not necessarily result in denial of participation in this terminate this transaction for cause or default. covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction However, failure of the prospective primary participant Certification Regarding Debarment, Suspension, Ineligibility and to furnish a certification or an explanation shall disqualify such a Voluntary Exclusion — Primary Covered Transactions person from participation in this transaction. 1 . The prospective primary participant certifies to the best of its c. The certification in this clause is a mataial representation knowledge and belief; that it and its principals: of fact upon which reliance was placed when the department or agency determined to at into this transaction. If it is later a. Are not presently debarred, suspended, proposed for determined that the prospective pni®ny participant knowingly debarment, declared ineligible, or voluntarily excluded from covered rendered an erroneous certification, in addition to other remedies traasactioro by any Federal department or agency; available to the Federal Government, the department or agency may terminate this transaction for cause ofdefauh. b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for d. The prospective primary participant shall provide immedi- commission of fiaud or a criminal offense in connection with ate wham notice to the department or agency to whom this proposal obtaining, attempting to obtain, or pedorn ing a public (Federal, State is submitted if any time the prospective primary participant learns that or local) transaction or contact under a public transaction violation its certification was erroneous when submitted or has become of Fedenal or State antitrust statutes or commission of embezzlement, erroneous by reason of changed circumstance. theft, forgery, bribery, falsification or destination of records, making false statements, or receiving stolen property; e. The tams "covered transaction," "debarred," "suspended,' "ineligible," lower tier covered transaction," "participant," "person," c. Are not presently indicted for or otherwise criminally or "primary covered transaction," "Principal," "proposal," and civilly charged by a governmental entity (Federal, State or local) with "voluntarily =chided," as used in this clause, have the meanings set commission of any of the offenses enumerated in paragraph lb of this out in the Definitions and Coverage sections of Hiles implementing certificatioo; and Executive Order 12549. You may contact the department or agency to which this proposal is submitted fix assistance in obtaining a copy d. Have not within a 3-year regulations. -Yam period preceding this of n�nlati application/proposal had one or man public transactions (Federal, State or local) terminated for cause or default. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered 2. Whore the prospective primary participant is unable to certify to into it shall not knowingly enter into any lower tier covered any of the statements in this certification, such prospective participant transaction with a person who is debarred, suspended, declared shall attach an explanation to this proposal. ineligible, or voluntarily excluded from participation in this covered ttsosaction, unless authorized by the department or agency entering into this transaction. 2. Instructions for Certification - Lower Tier Covered g. The prospective primary participant further agrees by Transaetbns: submitting this proposal that it will include the clause titled 'Certification Regarding Debarment Suspension, Ineligibility and (Applicable to all subcontracts, purchase orders and other lows Voluntary Exclusion -Iowa Tier Covered Transaction," provided by tier ttmsactioms of 525,000 or more - 49 CFR 29) the department or agency entering into this covered transaction, without modification, la all lower tier covered transactions and in all a. By signing and submitting this proposal, the prospective solicitations for lower tier covered transactions. lower tier is providing the certification sec out below. b. A participant in a covered transaction may rely upon a b. The certification in this clause is a material representation certification of a prospective participant in a lower tier covered of fact upon which reliance was paced when this transaction was transaction that is not debarred, suspended, ineligible, or voluntarily entered into. If it is later determined that the prospective lower tier axeluded from the covered transaction, unless it knows that the participant knowingly rendered an erroneous certification, in addition certification is e noneous. A participant may decide the method and to other remedies available to the Federal Government, the frequency by which it determines the eligibility of its principals. department, or agency with which this transaction originated may Each participant may, but is not required to check the nonprocure- pursue available remedies, including suspension and/or debarment :meat portion of the "Lists of Parties Excluded From Federal Procure- ment or Nonproourement Programs" (Nonpruemanent List) which is compiled by the General Services Administration. �j ScenicBywaysGrrant.01.Aprl1 originated from approved OSC Brant template Rev 1/12/11 Exhibit C l Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 50 • CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 c. The prospective Iowa tier participant shall provide immediate written notice to the person to which this proposal is XII. CERTIFICATION REGARDING USE OF CONTRACT submitted if at any time the prospective lower tier participant learns FUNDS OR LOBBYING that its ceti5cation was erroneous by reason of changed circumstances. (Applicable to all Federal -aid construction cantata and to all related subcontracts which exceed $100,000 - 49 CFR 20) d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," 1. The prospective pazticipant certifies, by signing and submitting "principal," "proposal," and "voluntarily excluded," as used in this this bid or proposal, to the best of his or her knowledge and belief, clause, have the meanings set out in the Definitions and Covaage that: sections of mica implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance `..:. a. No Federal appropriated funds have been paid or will be in obtaining a copy of those regulations. paid, by or on behalf of dm undersigned, to any bean for influencing or afempdng to influence an officer or employee of any Federal e, The prospective lower tier participant agrees by submitting agency, a Member of Congress, an officer or employee of Congress, this proposal trot, should the proposed covered transaction be entered or an employee of a Member of Congress in connection with the into, it shall not knowingly enter into any lower tier covered awarding of any Federal contract, the making of any Federal gat, transaction with a person who is debased, suspended, declared the making of any Federal ban, the entering into of any cooperative ineligible, or voluntarily occluded from participation in this covered agreement, and the extension, continuation, renewal, amendment, or taosecdan, unless authorized by the department or agency with modification of any Federal contract, grant, loan, or cooperative which this transaction originated. agi'ecmWt f. The prospective lower tier participant further agrees by b. If any funds other than Federal appropriated funds have submitting this proposal that it will include this clause titled been paid or will be paid to any person for influencing or attempting 'Certification Regarding Debarment, Suspension, Ineligibility and to influence an officer or employee of any Federal agency, a Member Voluntary Exclusion -Lower Tier Covered Transaction," without of Congress, an officer or employee of Congress, or an employee of a modification, in all lower tier covered transactions and in all Member of Congress in connection with this Federal contact, grant, solicitations for lower tier coved tnmsa Lions. loan, or .cooperative agreement, the undersigned day complete and submit Standard Form-1.1.1, "Disclosure Form to Report Lobbying," g. A participant in a covered transaction may rely upon a in accordance with its instructions. certification of a prospective participant in a lower tier covered .. transaction that is not debarred, suspended, ineligible, or voluntarily 2. This certification is a material representation of fact upon which excluded from the covered transaction, unless it knows that the reliance was placed when this transaction was made or entered into. certification is erroneous. A participant may decide the method and Submission of this certification is a prerequisite for mating or frequency by which it determines the eligibility of its principals. ensuing into this transaction imposed by 31 U.S.C. 1352. Any Each participant tray, but is not required to, check the person who fails to flu the required certification shall be subject to a Nonprocmement list. civil penalty of not less than SI0,000 and not are than $100,000 for each such failure. b. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in 3. The prospective participant also agrees by submitting his tuba good faith the certification required by this clause. The knowledge bid or proposal that he or she shall require that the language of this and information of participant is not required to exceed that which is certification be included in all lower tier subcontracts, which exceed normally possessed by a prudes paw in the otdimry course of $100,000 and that all such recipients stall certify and disclose business dealings.. accordingly L Except for transactions authorized under paragraph e of these instructions, if a panicipam in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, deband, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies avi l able to the Federal Government, the depmtment or agency with which thin transaction originated may puaue available remedies, including suspension and/or debarment. .••• * Certification Regarding Debarment, Suspension, Iadiebiity and Voluntary Ezdadon —Lowe Tier Covered Transactions: 1. The prospective boa tier participant certifies, by submission -. of this proposal, that ndtha it au its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily e xcluded f oar participation in this tanacton by any Fedeal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. • l(� ScaticBywaysGrantol.Aprl1— originated from approved OSC Grant template Rev 1/12/11 Exhibit C-9 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 51 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -IITD -31201 EXHIBIT I —FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) SUPPLEMENTAL PROVISIONS Supplemental Provisions for. Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended As of 10-15-10 The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. "Award" means an award of Federal financial assistance that a non - Federal Entity receives or administers in the form of: 1.1.1. Grants; 1.1.2. Contracts; 1.1.3. Cooperative agreements, which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 1.1.4. Loans; 1.1.5. Loan Guarantees; 1.1.6. Subsidies; 1.1.7. Insurance; 1.1.8. Food commodities; 1.1.9. Direct appropriations; 1.1.10. Assessed and voluntary contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non - Federal Entitles. Award does not include: 1.1.12. Technical assistance, which provides services in lieu of money; 1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award is called a grant; 1.1.14. My award classified for security purposes; or 1.1.16. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111 -5). 1.2. "Central Contractor Registration (CCR)" means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at httpJPwww. bon. oov /ccr. 1.3. "Contract" means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above. 1.4. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and Includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.5. "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: //fedoov.dnb.com/webform. 1.6. "Entity" means all of the following as defined at 2 CFR part 25, subpart C; 1.6.1. A governmental organization, which is a State, local government, or Indian Tribe; 5 �/ ScenicfywaysGrant.Ol.Aprt 1— originated from approved OSC Grant template Rev 1 /12/11 Exhibit D-3 ''77 Elk Park Project, Pitkin County . LPOR AppiMGetion and Supporting Documents, Spring 2012 Page 52 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: I I -HTD -31201 1.6.2. A foreign public entity, 1.6.3. A domestic or foreign non -profit organization; 1.6.4. A domestic or foreign for - profit organization; and 1.8.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non - Federal entity. 1.7. "Executive" means an officer, managing partner or any other employee in a management position. 1.8. "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.9. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282), as amended by §8202 of Public Law 110 -252. FFATA, as amended, also is referred to as the `Transparency Act." 1.10. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award. 1.11. " Subaward" means a legal Instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.12. "Subreciplent" means a non- Federal Entity (or a Federal agency under an Award or Subaward to a non- Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term • Subrecipient" includes and may be referred to as Subgrantee.. 1.13. " Subreciplent Parent DUNS Number" means the sub ecipient parent organization's 9 -digit Data Universal Numbering System (DUNS) number that appears In the subrecipient's Central Contractor Registration (CCR) profile, if applicable. 1.14. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year and Includes the following: 1.15.1. Salary and bonus; 1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.15.3. Earnings for services under non -equity incentive plans, not including group life, health, hospitalization or medial reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4. Change in present value of defined benefit and actuarial pension plans; 1.15.5. Above - market earnings on deferred compensation which is not tax - qualified; 1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 1.16. "transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), as amended by §6202 of Public Law 110 -252. The Transparency Act also Is referred to as FFATA. 1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor Is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. �(,' ScmicBywaysCirant.01.Apri 1— originated from approved OSC Grant template Rev 1/12/11 Exhibit C-9 5 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 53 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. Central Contractor Registration (CCR) and Data Universal Numbering System (DUNS) Requirements. 3.1. CCR. Contractor shall maintain the currency of its information in the CCR until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update the CCR information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. DUNS. Contractor shall provide Its DUNS number to its Prime Recipient, and shall update Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor's information. 4. Total Compensation. Contractor shall include Total Compensation in CCR for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1.. The total Federal funding authorized to date under the Award is $25,000 or more; and 4.2. In the preceding fiscal year, Contractor received: 4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and /or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to CCR and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http: / /www. Colorado .00v /doaldfo/sco/FFATA.htm. 6. Effective Date and Dollar Threshold for Reporting. The effective date of these supplemental provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award Is $25,000 or more, but funding is subsequently de- obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 7. Subreclpient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below. 7.1 To CCR. A Subrecipient shall register in CCR and report the following data elements In CCR for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; ciy ScenicBywaysGrant.01.Aprl 1— originated from approved OSC Grant template Rev 1/12/11 Exhibit C-9 J�,(( Elk Park Project, Pitkin County- LPOR Application and Supporting Documents, Spring 2012 Page 54 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account; 7.1.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient's address, Including: Street Address, City, State, Country, Zip + 4, and Congressional District 7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria In §4 above are met; and 7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following data elements: 7.2.1 Subrecipient's DUNS Number as registered In CCR. 7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 8.. Exemptions. 8.1 These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non - profit organization he or she may own or operate in his or her name. 8.2 A Contractor with gross income from all sources of less than $300,000 In the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3 Effective October 1, 2010, "Award' currently means a grant, cooperative agreement, or other . arrangement as defined in Section 1.1 of these Special Provisions.. On future dates `Award' may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act. 8.4 There are no Transparency Act reporting requirements for Vendors. 9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or In equity. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK ScaiivBywaysGrantOl.Aprl 1— originated from approved OSC Grant template Rev 1/12/11 Exhibit G9 5 Elk Park Project, Pitkln County - LPOR Application and Supporting Documents, Spring 2012 Page 55 CDOT — Division of Transportation Development SAP PO #: 291001030 CMS #: 11 -HTD -31201 EXHIBIT J — CERTIFICATE REGARDING FEDERAL LOBBYING Certification regarding Federal Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her Imowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee INSERT -Legal Name of Grantee B INSERT -Name of Authorized Individual Title: INSERT - Official Title of Authorized Individual 'Signature Date: y ScenicBywaysfntnt.01.Apr11- originated from approved OSC Grant template Rev 1/12/11 Exhibit F -1 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 56 Selection Criteria Questions: 1. Describe the community /neighborhood the project will serve. (If the project is designed to serve a particular neighborhood or population within a larger city/subdivision/community, focus on the neighborhood/population to be served.) Include population and income data. Elk Park is located in the rural, unincorporated, Crystal River valley community of Redstone, Colorado, along the 205 mile long West Elk Loop Scenic and Historic Byway, one of Colorado's premier byways. Redstone originated from the industrial ambitions of mining magnate John Osgood who left behind a historic legacy that includes the Redstone Castle and the Coke Ovens. Roughly 200 residents call the Crystal Valley home, but with attractions like the Historic District of Redstone, the White River National Forest, the Maroon Bells Snowmass Wilderness Area, and the countless recreational opportunities those public lands have to offer, the area draws large numbers of visitors each year. On an average day, the Scenic Byway sees 1,800 cars with those numbers doubling on busy summer days. The local economy is mainly tourist- driven and has been severely impacted by the downturn of the economy. The community of Redstone continues to work hard at preserving and maintaining its picturesque National Historic District, while trying to improve and renew the community for the locals and visitors alike. Since Redstone is an unincorporated community, aggregate income data is not available. Redstone is an artist community whose economy is driven by tourism. The small Victorian cottages that line Redstone Boulevard, where local artwork, products and antiques are sold, are a major attraction to tourists visiting the Roaring Fork Valley or traveling along the Scenic Byway. The lion's share of revenue is generated during the summer vacation months, but Redstone hosts a small number of winter events in an effort to attract some revenue in the winter. For more information on Redstone, please visit www.redstonecolorado.com 2. Describe access to the proposed project. How is it situated in relation to where users live; how will users access it; is it near or linked to schools, other recreational amenities, or community gathering spots? Are there obstacles to getting to the project site; if so, how do you intend to overcome them? (Please provide a map sufficiently detailing where the project is located and what surrounds it. Also provide a site map.) The park's location is at the entrance to Redstone, central in the community, and in a major transportation and Scenic Byway corridor, making it highly visible and easily accessed. Vehicles can enter the park directly from Highway 133. An existing pedestrian bridge over the Crystal River links Elk Park to Redstone Park and the Historic District of Redstone. Redstone Park, a narrow 1 -acre park, is currently the only park in the community, or the Crystal Valley, and many events are hosted there throughout the year. Other gathering locations near Elk Park are the Church at Redstone and the Redstone Inn, both connected to 40 Elk Park Project, Pitkln County - LPOR Application and Supporting Documents, Spring 2012 Page 57 the park by the pedestrian bridge link. The recently restored historic Coke Ovens are located directly across Highway 133 from Elk Park. Most residents live in or adjacent to the Historic Redstone core, within about a mile and half radius from the park. Many of these residents would walk and would be connected by the pedestrian bridge. There are numerous, small subdivisions up and down the Crystal Valley; from the BRB Campground to Marble, approximately 35 miles, that would also be served. These residents would drive and access the park from Hwy 133. Future access will include the Crystal Valley Trail, a hard surface trail planned to connect Carbondale to Redstone. with a soft surface trail connection to Crested Butte. The first five miles of this trail from Carbondale are complete. The next 10- mile segment will connect to Redstone and will begin final design in 2014. This trail would also connect to Elk Park. Please refer to Appendix A for a Project Location map. 3. Describe the scope of the project —what exactly will be built. Be specific, explaining preparatory work, quantities, dimensions, etc. If the project is intended to enhance or replace existing facilities, describe the state of the existing facilities, why the facilities are no longer acceptable or usable, and how they got into the condition they're in. Include photographs of amenities to be replaced. The goal of the Elk Park project is to revitalize a currently underutilized, 3.2 acre, central community location and create a place for residents and visitors to gather, recreate, tearn and relax. Historically, Elk Park was the wide spot in the valley floor of Redstone that housed the train depot and the loading of outbound trains from the Coke Ovens. It has been partially renovated once in 2000, to create a parking area to connect with the bridge to Redstone Park. The current entrance to the park from Hwy 133 is not easily visible, even with signage, and there is a county -owned cabin onsite that was used for housing until it became uninhabitable resulting from major maintenance issues. In its current condition, with an abandoned building and poor access from the State Highway, this property is underutilized and contributes little to the community despite its prime location and potential. Please refer Appendix B for existing condition photographs. The key components of the Elk Park Conceptual Plan include: an informal recreation field, a flexible play field, a small interpretive center, interpretive panels throughout the site, river /creek bank stabilization and revegetation, interactive coke oven, paths, a parking lot, picnic groves and opportunities for memorial trees. To prepare for new construction, the condemned cabin must be removed and much of the site reworked to make room for informal recreation fields. The informal recreation field is approximately 35,400 sqft. It will be a low -water and low - maintenance turf. It does not have a specific programmed activity as the community wants it to offer a variety of options and not to look like an empty recreation field when not in use. The flexible play field is about 9,000 sqft and will be the same seed mix as the informal recreation field. The flexible play field will be a bowl shape, approximately 4 CO ' Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 58 feet at its deepest, tapering back up to natural grade, and an open play field for the most of the year. It will serve as a storm water and floodwater retention site, if needed, and can be flooded as a skating rink in the winter. The interpretive center will be a 900 sqft, open air, timber construction, concrete floor structure and designed to meet the standards of the Redstone Historic District. There will be one large display panel with a map of the area highlighting the region, recreational opportunities, and areas of interest. Five smaller information panels and five framed photographs, focusing on various unique aspects of the area, will complete the information center. There will be five interpretive panels located through the site at five different overlook areas. These five panels will focus on environmental education topics such as: river ecology, aquatic species, geology, stream bank restoration and historic flows. The interactive coke oven will be a scaled version of the originals and meant to serve as both educational but also as a play feature for children. Approximately 1,650 feet of crusher fine paths, 8' wide, will connect the various site features. The parking lot will be gravel and provide space for 32 vehicles. The trees onsite will be native species including: Aspen, Colorado Blue Spruce and Ponderosa. The County plans to plant 30 trees, approximately 12 feet tall, as part of the park construction. The plan allows for future planting of up to 100 trees as memorials from members of the community. We are in the final design phase of the park, with the Final Plans to be completed by this fall. We conducted an extensive planning process with the community to develop the conceptual map located in Appendix C, Elk Park Conceptual Site Plan. (Please see question #12 for further information on the planning process). 4. What is the useful life of each component of the project and how was that useful life determined? Describe the consultations you have had with outside experts, other communities, or knowledgeable individuals about, building this sort of project. How did or will you choose particular vendors, materials, systems, etc.? We contracted with BlueGreen, a landscape architecture and planning firm with extensive experience in similar park projects, to develop the Conceptual Plan for Elk Park. We will, at minimum, hire a licensed Landscape Architect, Architect, and Engineering consultant to generate a complete, stamped set of final drawings to use for bidding and final construction. We plan to have the final design complete by fall 2012. We have also worked with the local water conservancy group when discussing the stream bank restoration/stabilization efforts. We will continue to work with them in future bank restoration efforts. All of our consultants, for design and construction, will be selected through a competitive bid selection process. The steering committee worked hard to develop a concept that is natural in character and can be sustained in perpetuity. The depot will be built with materials that can withstand the environmental conditions of the site and, with normal and planned maintenance, the structure is anticipated to withstand a minimum of 25 years. Interpretive signs are designed to last a li !� Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 59 minimum of 15 years. These time frames were developed in consultation with experts and our previous open space signage experience. 5. Will a CYCA- accredited youth corps be used to implement the project? If so, describe the collaboration you've had with the corps and what work they'll be doing. Submit a letter of support from the corps that you will be collaborating with. If the corps will not participate in the project, submit a letter /email from CYCA explaining why. If applicable, provide details of a youth organization other than CYCA that will be participating in the completion of your project. We have spoken with a CYCA representative and discussed the potential of using a crew on the Elk Park project. At this time it does not seem like a good fit for a CYCA project. Please see the attached letter in Appendix D from Brandon Warren, Director of Projects for Rocky Mountain Youth Corps, explaining their position. We do plan to incorporate the youth outreach portion of our local trail organization, Roaring Fork Outdoor Volunteers (RFOV). RFOV has recently begun development of a Young Stewards program. Their goal is to partner with existing youth organizations and facilitate projects that would be a good match for a young team of stewards. Please see the attached letter Appendix D from RFOV Director, David Hamilton. 6. Document the demand for the project by providing specifics on the users of the proposed facility (for example, organized sports leagues, neighborhood kids, etc); how many users do you expect (and how did you arrive at that estimate)? In 2009 Pitkin County Open Space and Trails began work with a steering committee, comprised of community members, to develop a conceptual design for Elk Park. The community became galvanized and prioritized its need for a public place where users could participate in recreational activities that require an open field area. The existing park is small, narrow, cannot be expanded and does have enough space to kick a soccer ball around let alone play a game. Elk Park would be the only location within the Crystal Valley where these sorts of uses could be accommodated. The interpretive panels and visitor information kiosk would provide educational information, in a park setting, for the local community, as well as tourists, enticing motorists to get out of their cars and to take a walk or run around. The playground structure identified for the park is an "interactive coke oven" that would be a replica of the historic coke ovens, but one that users could touch, walk in, and could serve as a play feature for children. The park would be a place for the local community to gather and children would have enough space to run around kicking a soccer ball or throwing a football; as well as a place for those driving by to stop, get out of the car, learn about the area and the environment and get exercise before continuing on their way. 43 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 60 To prepare for final design, we completed a traffic study to look at the trip generation for the final project. Our consultant (using ITE's Trip Generation Manual, 8th Edition Land Use #412, County Park and existing site use), anticipates that there will be 55 vehicle visits on average per day. Using an average of two people per vehicle we anticipate an average of 110 visitors arriving by vehicle per day. The amount of visitors arriving on foot is much more difficult to estimate. The population is Redstone fluctuates drastically from a rural community in the offseason with as few as 100 people to a bustling tourist destination with 800 visitors, according to the Redstone Community Association. We feel that on average the park will receive 50 visitors on foot and 15 by bike per day. These numbers will more than double in the summer months and then drop in the winter months. 7. Describe the community need and demand for the proposed project and the recreational gap that it will fill. How will the project enhance recreational offerings, including programs, in the community? The programming of Elk Park was developed through a community driven, steering committee design process. Al] the elements of the park were developed by this committee and redevelopment of Elk Park will fill a critical gap for residence of the Upper Crystal Valley by providing facilities that are currently a 30 min. drive away. This lack of public park facilities in the Crystal Valley led to Elk Park's specific design to be an informal, open space that could host a variety of recreational opportunities. As designed, the park will accommodate field sports, active play and a less dense park setting. The committee address winter activities as well; in the winter months they wanted a place to set a Nordic track loop or host snowshoe races. There is potential, in the winter, to flood one of the field areas for a small ice rink. In general, Elk Park would fill a huge gap in this rural community for a simple open area to facilitate a multitude of recreational opportunities for the locals, as well as visitors. The community need has been well documented over the past 20 years through Master Plans and County actions; further description is provided below under Question 11. 8. How are potential users of the project compensating now for the lack of the project? Do they have to visit other communities to use a similar amenity; do they have a substitute offering available; or do they simply go without? Currently residents must drive 16 miles to Carbondale to find a similar, public open field area for recreation. Redstone Park is a narrow strip of grass along the river that hosts a playground, swings, a small museum, public restrooms, several picnic tables and benches. It is quite crowded and not very conducive to open play. Most residents choose to do without instead of driving to Carbondale. The redevelopment plan for Elk Park will provide a point of entry for those visiting the town. As it exists now, the weedy gravel parking lot is bypassed by visitors, crowding cars onto the boulevard, or allowing folks to slip by limiting their experience of Redstone to what they see (9 V Elk Park Project Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 61 through the windshield. The proposed plan consolidates parking, and provides signage and an information kiosk to attract and direct motorists to get out of their cars and enjoy Redstone. The interactive interpretive displays will engage folks in Redstone's unique environment, and create a central starting point for exploring Redstone's attractions. 9. What environmental education opportunities does the project provide; in what ways does the project increase awareness of the local, regional, or state landscape /environment? The Elk Park project will include a visitor information center and five interpretive panels. The goal is to provide information, education and interpretation on historic, geologic, recreational, ecological, waterway, and scenic byway topics. Striking geologic formations define the valley and the park's location at the confluence of Coal Creek and the Crystal River provides an optimum location from which to educate the users about geologic history, watershed history, the current health of the streamways and their connection to the region, and the wildlife that depends on them. Finally, the park's location along the West Elk Loop Scenic and Historic Byway creates a prime opportunity to provide byway information linking the site regionally and to the statewide landscape. 10. How does the project provide a unique opportunity for youth and their families to spend time engaging in outdoor recreation? Providing a much - needed playing field for children is a primary goal of this project. The setting of Elk Park creates a stunning backdrop from which families can gather and take advantage of the only public, recreation field in their valley. Providing, for the first time, a field large enough to accommodate sports will foster an array of outdoor activities for the community's youth. 11. Is the project listed as a priority in a developed master plan? Ifyes, when was the plan completed? What priority is this project listed as within the plan? If it is not the top priority; discuss why this project is being pursued at this time. The Elk Park project was first identified in the 1993 Redstone Master Plan. This plan set very specific objectives to "enhance the appearance of land contiguous to the Crystal River ", "pursue the acquisition of additional park land ", and "pursue the acquisition and development of additional park land." It defines "parks" principle uses to included but not limited to "...ball fields and open space ". It also specifically calls out that the "County should seek to acquire the Lyon property (now known as Elk Park) for public purposes. Public parking, a park ...linked by a pedestrian bridge to Redstone Boulevard are proposed." In 1994 the County purchased the property and 1996 completed the first Master Plan for the Elk Park parcel. The pedestrian bridge was constructed from this plan; but due to lack of partners and capacity that plan languished. The Caucus has since completed their Crystal G � Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 62 River Valley Master Plan which also calls for "supporting limited and small -scale recreational opportunities" and "small -scale educational /cultural activities ". Followed by the 2000 West Elk Loop Scenic and Historic Byway Corridor Management Plan which calls for an interpretive program to educate and inform, enhancing the Byway experience. Most recently, Elk Park was part of the 2010 Redstone Parks and Open Space Management Plan. The plan calls for the development of the final design of Elk Park in 2012, which we are in the process of doing, with the implementation of the plans beginning in 2013. Elk Park is high profile, central location in the community located at the main entrance into the Redstone Historic District and across Highway 133 from the newly restored Coke Ovens. It has tremendous potential as a significant and active open space and is currently under- utilized. The community agrees that it is a priority to clean up the space, activate it and create a wonderful asset for the residents and visitors. 12. What specific opportunities did the public have to comment on the master plan? Provide the number of public meetings held. How were meetings advertised? How many people attended? Summarize the feedback received. The entire planning effort was community driven. A steering committee with 12 members was formed of citizens who were passionate about Pitkin County Open Space parks in the core of Redstone. Meetings were held monthly for a year, some lasting over three hours. Members of the public were always welcome to the committee meetings and about 12 to 20 people were in attendance at each meeting. County staff worked in conjunction with a landscape consultant to combine the committee's ideas for three different parks and create the overall management plan. Three different Open Houses were held and two different presentations were also made at Crystal River Caucus meetings. Feedback has been extremely positive. The community has been very supportive and excited about the project. They are looking forward to having a recreation field for their children and visitors to run around and play on, a larger park for community gatherings, and cleaning up the entrance to Redstone. The same committee and process is being used to guide the final design for Elk Park. 13. Who is supporting the project (users, members of the community, project partners) in ways other than cash or in -kind contributions? Include up to seven support letters /emails from users, user groups, other funders, community members, volunteers, etc. Support letters /emails must be included with the application and will not be accepted if mailed to the GOCO office. A wide variety of users, organizations and community members have been extremely 1 supportive of the Elk Park project. The Crystal Caucus gave OST staff a standing ovation after the presentation was finished and voted in support of the conceptual plan. The West Elk l Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 63 Loop Scenic and Historic Byway, the Redstone Community Association, the Redstone Historic Society, and the Roaring Fork Conservancy have all been active and supportive participants of the park improvements. The local residents and businesses have also been extremely involved throughout the project. Please refer to the letters of support located in Appendix E. 14. Who is opposed to the project? Have neighbors, user groups, or other parties objected to the project? Include any letters, petitions, news articles, or other documents evidencing opposition. What has been done to address the concerns of those opposing and how has the opposition responded? There has been no opposition to this project. 15. Is the project "shovel ready" and will it be completed within two years of the award date. Describe the planning that has gone into the project; is design and engineering complete or is there work yet to be done? We have completed a Conceptual Plan for Elk Park and we are currently beginning the Final Plan design and engineering. The final design will be completed by fall 2012. We plan to begin construction in the summer of 2013. The project would be completed within two years of the award date. 16. Describe the need for GOCO funding — will the project (or components of it) get done if GOCO funds are not available? Will applicant or partner funds dedicated to the project be lost if GOCO doesn't award a grant now? If we do not secure funding this year for the entire construction project, we will create multiple phases in order to accomplish the entire design. Any time phasing occurs the price of the overall project can rise and each phase can compete with other projects for funding. This can result in an overall reduction in project design and the possibility that some phases would never be completed. In the event of a multiple -phase approach, the only portion of the project to be completed next year would be the portion funded by the Byway Grant, which would be limited to the information kiosk and the area directly around it. None of the recreation field improvements, paths, or interpretive panel improvements would be built until additional partnerships are secured. The infusion of GOCO funds this year would ensure the entire project is completed at one time, thus saving money and time and ensuring the entire park will be constructed as designed. 17. How much of your planned cash match is secured? How much of it is yet to be raised and what are your plans for raising those additional funds? What is your "Plan B" if you are unable to raise those funds? We have secured $124,900 through a Scenic Byway Grant, $31,225 is in our current budget and we are in the process of getting an additional $50,000 approved for design fees. If we 6 1 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 64 are successful in obtaining the GOCO grant, we will appropriate $50,000 in our 2013 budget, equaling the remainder of the match. The Open Space and Trails Board and the Board of County Commissioners are aware and supportive of our grant application. We will have 100% of the match secured if and when needed. If we are unsuccessful in obtaining GOCO funds, as described in Question 16, only the Scenic Byway Grant portion of the project would move forward in 2013 and we would continue to see additional funding sources to implement the other aspects of the park. 18. Describe the cash or in kind partnerships established for this project. If cash or in -kind partnerships for this project were not possible, explain why. We have secured a Colorado Department of Transportation (CDOT) Scenic Byways Grant for $124,900 to fund a portion of the Elk Park project. 19. Estimate the annual costs to maintain the project. How did you derive those numbers; how do you intend to fund maintenance; and who is responsible for maintenance? We have estimated a budget of $550 a month during the six month summer tourist season to maintain Elk Park. This equals $3,300 yearly and this estimate is based upon our maintenance fees for Redstone Park. The Open Space and Trails budget will be responsible for the maintenance costs and our staff, in conjunction with outside contractors, will be responsible for the weekly duties in the park. In the winter, we would partner with the community and Redstone would be responsible for winter maintenance in the park. All structures, trails, amenities, and depot will be put into the Open Space and Trails capital maintenance plan and be paid for by Pitkin County. 20. Provide a detailed budget that presents information consistent with the answers presented throughout the Selection Criteria and on the Application Summary Form. We currently estimate Elk Park final design and construction to cost $537,690. We have a Scenic Byway grant for $124,900 secured from the CDOT. We are asking for $281,565 in from the GOCO LPOR grant. Pitkin County plans to provide a match of $131,225. Open Space and Trails plans to fund final plan design, cabin demolition, site prep, associated mobilization expenses, and final details such as tables and signage. GOCO funds will specifically assist with the earthwork and landscape work needed for the park design implementation. This includes: stripping existing gravel parking lot, stockpiling topsoil, setting boulders, contouring, topsoil placement, crusher fine paths, new parking lot, vegetation, and some interpretive signage pertaining to natural features and recreational attractions. Scenic Byway Grant funds will be used for the information center and some interpretive signage. 6 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Page 65 Project Location R edstone �� 41' y t. • r. Legend I P ■■•• State Highway /Scenic Byway Historic District 1 1 �t. 1 , Conservation Easements i 4 . + s a f, . , Water * r : y Y. a Open Space Properties 7 . ` r � r4 `;rte .. United States Forest Service a t:. - f� ' - !` Local Attractions ., Ni © ' [A 1 Elk Park 1F 1 The Church of - H Redstone Redstone B Redstone Park \ ad = .. ''' ' f' mow [C Coke Ovens r` . D Redstone Inn .4. s r E ` Redstone Boulders " / ' q ;. . , ,, . . '''' ? OF . ,...; ' . , I' . , igroiNgit . ., • , s . 1 , 415- ;$4.* - z , , ,;'s s . .---- / i 7 ., _ . , • 47 ` 4' •� :: . J' .J J IyT' Y r — —� � . 7 <' �/ • ge l r* r ' fi r " _ �'f `, �, /. Ili , ' •• v..: -"'� - .-r _� �. • i j yy 3- y : a # / tea . _ � \ N. eitt • / N. 1 i ...:. Pitkin County �F� Carbondal- llim Basalt i _- - I Snowm•r ' ' Aspen Examples of small M subdivisions located throughout the Crystal Valley • the project would serve. Redstone �` , . +� �..�..�� ..r Miles , 0 0.125 0.25 0.5 0.75 1 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Appendix A/ /) (. Existing Conditions 1 • • View looking south from existing parking area '`� } ' ,� f �� • • ! a . r yy krf -•v^ Coal Creek's eroding banks • r . • Condemned cabin View looking north from condemned cabin 7 0 Elk Park Project. Pitkin County - LPOR Application and Supporting Documents. 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Interpretation opportuMLes _ liver mat Include: naec '00(090, 10reemb204 \' .t - /J / 4 0491 1 4. 1119 guat iniea0n, ek a 0 cetlM. �.... �// floedplain. Nacre flow of /pal pee11k. . 00 h(stary a c re)stontgen development. rogeoec depot Sae aim \ e[ploaaal coke Over ImeyetatlOn. neveye appoM ,pn I vnpw•remnu'we' new ore co.ce,.0 sus augacenc .ease M name er .me 10,,,,, p p mar, amok Can a 30'"00e.; 0 s 00,00 Sawa N eaw aam[as. now .'.O 00 ,[.nee v.. 00 non num fee over seem. ® ..a _a .w� _ elk park conceptual site plan ( w 01w.•e• 300 00100 *mg are 1 0.0 ••0e0e...00.3,,a'•" " •OQ3 7.1.9.° 630 *03' redstone open space management plan Elk Pei- reject, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 •.a.Appecwilx C J i �f bre "Linking community, education and environment through service" t 11 Phone /Facsimile: (970) 879 -2135 �, Physical Address: 1705 13th St. Steamboat Springs, CO 80487 Mailing Address: P.O. Box 775504, Steamboat Springs, CO 80477 ROW • API 70U111 400$ Website: nvriveityratmertynatletvips.org February 13, 2012 Ms. Lindsey Utter, Pitkin County Open Space and Trails 530 East Main Street, 3rd Floor Aspen, CO 81611 Dear Ms. Utter, Thank you for your interest in utilizing Rocky Mountain Youth Corps (RMYC) for upcoming park project. Based on our discussions of your project and after reviewing the information you sent me, it would appear that attempting to utilize our crews on your project would not be an efficient use of your resources. Although there are a few tasks that might be appropriate for our crew members, there is not enough hand labor to justify the use of an RMYC crew. RMYC would like to wish you luck on your park project. We look forward to working with Pitkin County Open Space and Trails on other projects this summer and hope that you'll keep us in mind for future projects as they come up. Brandon Warren, Director of Projects Rocky Mountain Youth Corps, Office: 970 - 879 -2135 email: brandon@rockymountainyouthcorps.com website: www.rockymountainyouthcorps.org P.O. Box 775504 Steamboat Springs, CO 80477 • 1 Elk Park Project Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Appendix D ROARING FORK OUTDOOR VOLUNTEERS February 23, 2012 Lindsey Utter Pitkin County Open Space & Trails 530 East Main Street, 3` Floor Aspen, CO 81611 Dear Lindsey, Here is the support letter you requested for your Elk Park Project in Redstone. RFOV would be happy in assisting you by helping to recruit a youth group to help with the planting component of your project. As you know Roaring Fork Outdoor Volunteers (RFOV) has partnered with POS &T on many successful trail and restoration projects since we began in 1995. Our typical Saturday volunteer trail projects always bring out 35 to 60 hearty volunteers willing to swing a tool for a day. But the physical demands of the work haven't worked too well for youth. To address this issue and get more youth involved in the stewardship of our public lands, RFOV is launching our Young Stewards Initiative this spring with the hiring of a Youth Coordinator. This new program will develop some program and project models to successfully work with youth groups of different aged kids. The program will have three main elements: preparation, activity/project, and follow -up (reflection and evaluation). We have learned through our experiences in working with youth and through our research that we'll need to spend time before the activity to tie in with the group's goals, provide background on the upcoming activity, and look for ways to motivate the kids. The activity would then be tailored to fit the goals and the physical abilities of the group and include more fun and educational elements. As to your project, RFOV will recruit a school or youth group to involve and complete the planting component of the Elk Park Project. RFOV's Youth and Field Coordinators will work with Pitkin County Open Space & Trails staff to define and prepare for the project. RFOV would then manage the youth group on the day of the planting as well as provide tools and other resources to the project. Please let me know if you need anything else from us for your grant application. Good Luck! Sincerely, J. David Hamilton Executive Director PO Box 1341 Basalt, CO 81621 970 - 927 -8241 rfov @sopris.net www.rfov.org '3 Elk Park Project Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Appendix D REDSTONE COMMUNITY ASSOCIATION 303 REDSTONE BOULEVARD REDSTONE, COLORADO 81623 February 17, 2012 Great Outdoors Colorado Attn: Local Government Program 303 E. 17 Avenue, Suite 1060 Denver CO 80203 Dear Great Outdoors Colorado, The Redstone Community Association is writing this letter in enthusiastic support of the Pitkin County Open Space and Trails application to GOCO for a Spring 2012 Local Parks and Outdoor Recreation grant to help with construction cost of Elk Park along Highway 133 in Redstone: The Redstone Community Association (RCA) serves as this small community's chamber of commerce, events committee, forum for local issues and marketing organization. Without any tax -based funding, the RCA operates on membership dues, donations, and a few fundraising events. The mission of the Redstone Community Association is "to promote and stimulate both civic and business interests while preserving the small town charm and historic character of Redstone." We are a vibrant historic village that attracts many visitors during our busy summer and fall season. At our busiest we may see 500- 800 visitors in a summer weekend. Guests stay in our lodging establishments and at the Redstone National Forest campground while they browse our shops, enjoy our museum, dine in our restaurants, and attend community events such as the Redstone Rally, Music in the Park, 4 of July celebration, summer farmer's market, the Labor Day Art Show or the many weddings hosted in town. Often families stop just for the day to see the newly renovated historic coke ovens, and to visit the Redstone Park for picnics, hiking, and relaxing to the "music" of the Crystal River. Currently, Redstone's Elk Park is a vacant, wide -open field with an undefined parking lot that sits between the Crystal River and Highway 133 at the entrance to Redstone. Thanks to the joint efforts of Pitkin County Open Space and Trails and a dedicated group 7y Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Appendix E of local volunteer community members, Elk Park is ready to be renovated into a vibrant parcel of community open space. The conceptual site plan expresses the hope that Elk Park will become a "gateway" to Redstone and provide an important physical link to the recently renovated historic Redstone Coke Ovens across the highway. The community approved site plan will stabilize the river banks, create open recreational space and provide walking paths leading to our existing pedestrian bridge that links Elk Park to Redstone Boulevard. This park will greatly enhance visitors' enjoyment of the West Elk Scenic Byway as well as the exploration of our charming historic town. Looking ahead, we think it likely that the Crystal River Bike Trail will reach Redstone and beyond. When it does, Elk Park will become a destination point and a meeting ground for locals and weary cyclists alike. We understand that $124,900 has been pledged toward this project from the Scenic Byway grant and that Pitkin County will match a GOCO grant of $281,565 with a sum of $131,225. Please help us make the West Elk Loop Scenic Byway more hospitable to tourists and support our Crystal River Valley community by helping us fund this important project. Sincerely, Cathy ontgomery, RCA Vice-President Steve Pavlin, RCA President Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Appendix E February 15, 2012 Great Outdoors Colorado 303 E 17 Ave, Suite 1060 Denver., CO 80203 Dear Grant Evaluation Committee: I am writing to express my full support for the Pitkin County grant application for funds to complete the construction of Elk Park in Redstone, Colorado. In 2010/11, the Pitkin County Open Space and Trails Department convened a 12 person committee comprised of residents of the immediate area, to study the key issues and take public input, and then develop a conceptual design for Elk Park. I am a full -time resident of Redstone and was a member of that Committee. From the beginning, the community enthusiastically supported the Committee, and overwhelmingly supported the final park design. After a full year of work, the committee, with input from land -use experts and area residents, arrived at a design that accomplished 100% of our established goals. The park is located on a 3 -acre parcel at the confluence of the Crystal River and Coal Creek. The final design brought together aspects of the park's significant historical background, the protection and enhancement of the natural environment, and a strong emphasis on preserving its unique location and stunning view of the nearby mountain vistas. All this, while blending the needs for recreation and providing a small tourist information center along Highway 133, a state - designated Scenic Byway. Because of its small size, Redstone by itself does not have the financial resources to fund the construction phase of Elk Park. The economy of scale simply does not allow a small rural /tourist community like Redstone to provide a quality park. Thank you for considering Pitkin County for the award of this grant and I look forward to the possibility that the dream of the Redstone community may soon be a reality. Respectfully, 9 44 4 .C* Chuck Downey 427 Crystal Park Dr. Redstone, CO 81623. 76 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Appendix E Great Outdoors Colorado ATTN: Local Government Program 303 E. 17 Avenue, Suite 1060 Denver, CO 80203 Re: Elk Park, Redstone Great Outdoors Colorado: Thank you for the opportunity to express my enthusiastic and earnest support for the Elk Park Project in Redstone. My name is Jason Jaynes, and I live with my wife and three - year -old son on Redstone Boulevard, just down the street from Redstone Park and the Elk Park parcel. We are grateful and active users of the existing park, bridge, and associated river access at Redstone and Elk Parks; we find ourselves at these public amenities every day in the spring, summer, and fall — and frequently in the winter, too. We have been residents of the grater Crystal River and Roaring Fork Valley area for over 12 years and moved to Redstone in early 2009. In 2010/2011 1 participated on the citizen advisory board led by Pitkin County Open Space and other county staff. The board was comprised of Redstone and Crystal Valley locals and represented a broad cross - section of the demographic of our community. Our task, under the guidance of staff, was to outline the future management and use of several public open space parcels, including Elk Park, the adjacent Redstone Park, and a large parcel north of town. We met monthly for the better part of a year, outlining deficiencies and needs associated with each parcel, and identifying priorities for these amazing community assets. The process was open, inclusive, and respectful, and our group was able to tackle many difficult topics and arrive at consensus -based recommendations. During the process we were able to see our recommendations reflected in the conceptual planning and draft management policies of the parcels and ultimately in the adopted Management Plan. As a landscape architect I am often involved in processes similar to this, albeit on the other side of the table, and I was very impressed with the broad community support and level of consensus that our group achieved under the guidance of County staff. I also believe that this thorough, transparent, and responsive process set the stage for swift endorsement by local advisory boards (such as the Crystal Valley Caucus) and adoption by the County. A result of the management plan process was the identification of Elk Park as a priority for improvement. The parcel is unique in that it is a publicly -owned and largely unimproved riverfront property located in a developed community. Though it has seen development pressure in the past, its value was understood by the public and as such was obtained by the County. Although it is currently not actively managed as a park nor "reclaimed" as a native landscape, its position, size, and connection across the river via the pedestrian bridge provides an opportunity to preserve and enhance the character of Redstone along State Highway 133 unmatched by any other property in Redstone (except perhaps the Coke Oven parcel). This position also equates to an opportunity to connect Redstone's two other premier public parcels — Coke Ovens and Redstone Park — in a way that strengthens and enhances the useability and safety of all Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Appendix E three parcels, above and beyond the added beneficial use of a renovated Elk Park. Additionally, this linkage sets the stage for safer, more convenient, and more enjoyable access to vast public lands to the west in Coal Basin, a significant recreational resource for residents and visitors. Furthermore, closing the gap in connectivity between these public parcels enhances the visitor experience by providing more intuitive wayfinding between the historic Coke Ovens — a primary highway landmark— and the Boulevard, reducing parking pressure on the Coke Ovens parcel and, hopefully, bringing more visitors in to the Boulevard proper to experience the history of Redstone Village and support the local economy. I am also a sitting member of the Redstone Historic Preservation Commission. I am not writing on behalf of the HPC, but as someone who is very interested in the preservation, interpretation, and promotion of the historic assets of Redstone I can say that the conceptual plan creates numerous opportunities to promote and preserve the community's history. The plan includes significant interpretive and informative elements on site, including a new visitor's arrival and wayfinding structure in place of a derelict existing building. The plan also makes better functional use of the parcel, improving parking and creating linkages to existing amenities. The new connectivity and amenities proposed on site (the only passive "playfield" of its size in 20 miles) ensure that the interpretive components are accessible and well -used. I have seen the increased level of traffic generated by the reconstruction project at the Coke Ovens; I am convinced that this project will continue the positive momentum of preserving Redstone's history and improving our reputation as a unique destination in the Colorado Rockies. This brings me to the last point I'd like to make about the value of this project. The increase in traffic at the Coke Ovens results in an increased sense of liveliness and activity on the Boulevard; that project has led to greater sense of vitality in our community, and I believe it also results in greater viability of our community's businesses, which all face a very challenging road given our small population, relatively remote location, and short summer season. I believe that projects such as Elk Park also contribute indirectly to the preservation of Redstone's history by improving the vitality and character of the village, making Redstone an increasingly desirable place to live and visit; ultimately this is necessary to keep the character and physical history alive and accessible. There are many things that make this project so exciting for our community. In the end, I know that my family will use the park frequently and that our friends and neighbors will too. We know that visitors will find it easier to arrive to Redstone, learn about its history, and access amenities in all directions. We know that passers -by will see an improved and safer corridor where there is now a poorly- signed gravel lot. And we know that the project will contribute to the vitality of our community in a way that benefits visitors, residents, and business owners alike. Thank you very much for your time, Jaynes 440 Redstone Boulevard Redstone, CO 81623 (970)963 -9663 �/ 7D Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Appendix E ReARING F9R ,I j4 "" Great Outdoors Colorado CONSERVANCY ATTN: Local Government Program 303 E. 17th Avenue, Suite 1060 Denver, CO 80203 February 20, 2012 [BOARD OF DIRFCTORS Dear Great Outdoors Colorado, [tanwep Kropf Presidnf ItickNeitep Roaring Fork Conservancy supports Pitkin County Open Space and Trails Vire President application for the GOCO grant to support restoration and interpretation work in Elk Rivers Council Liaison Park near Redstone. We were involved with the development of the Redstone Parks Jennifer Saner and Open Space Management Plan that provided the underpinnings for this project. secretary The planning for this park was well- vetted, inclusive, and thorough. The Gail Orrick implementation of this plan is the culmination of the planning process. We have also Treasurer Cuter Brooksher been very involved in a project, with a multitude of partners including Pitkin County Stephen Ellsperinan Open Space and Trails, focusing on Coal Basin and the Crystal River "Confluence Andrew Light Area ". Elk Park is located in the "Confluence Area" and work on solving the J Li floodplain issues on Coal Creek was identified as both a short and long -term priority Rick Waco in the Redstone Management Plan. The proposed work in Elk Park project Executive Director Louis Meyer compliments the larger work envisioned for the "Confluence Area ". Don Schuster Diane Scl The "Confluence Area" was once a complex riverine /wetland system that was Past President channelized, drained and filled when the Town of Redstone and coal coking facilities t,arq• )'a,.• were built at the turn of the century. Historically, Coal Creek and the Crystal River were probably comingled during high spring flows, and Coal Creek likely had PROCRAM STAFF multiple connections to the Crystal River for a mile -long stretch during low flows. Rick Lofaro Today, Coat Creek has been simplified to a single channel that enters directly into the Executive Director Crystal River at the upstream end of Redstone bringing with it all of its water quality Claire Britt issues, sediment and bedload. The elimination of Coal Creek's historical alluvial fan Orlin Ami not only degrades the Crystal River, it increases flood risk in Redstone. Sharon Clarke Laud b hider The present day location of the Highway 133 Bridge over Coal Creek near the Guist-maim Specialist Sarah Jnhmmn confluence with the Crystal River required Coal Creek to be dramatically Education Coordinator straightened and disconnected from most of its natural floodplain. This reduced Tim O'Keefe Coal Creek's length and transformed the confluence from one with multiple braided Education Director channels to a single, short channel disconnected from the riparian area. This has Chad Rudu„• exacerbated sediment and floodin g problems, and reduced the filtering ability of the Water Quail(y Qmrdtmanr wetlands. Sarah woods Director of Phihnrtdan/n• P.O. Box 3349 Basalt, Colorado 81621 970.927.1290 www.roaringfork.org 7q Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Appendix E The destruction of what was once a complex riverinejwetland system has also degraded wildlife habitat. Today, more than 70% of the habitat from Marble to Carbondale is identified as "heavily modified" or "severely degraded ". As a result of the increased sediment load and its effect on natural fish reproduction, Colorado Parks and Wildlife manages the Crystal River downstream of Coal Creek as a put and take fishery. Roaring Fork Conservancy has also partnered extensively with Pitkin County Open Space and Trails on numerous adult education programs. This grant will enhance education and interpretation opportunities in this area. The Redstone area draws visitors from the local area and from much greater distances. Roaring Fork Conservancy is the premier watershed conservation organization in the Roaring Fork Valley. Founded in 1996 through a unique public - private partnership, Roaring Fork Conservancy has become one of the most respected watershed conservation organizations in Colorado. Our work is highly valued locally and used throughout the state. An independent, not - for -profit 501(c)3 organization, our mission is to inspire people to explore, value, and protect this diverse watershed. We focus on: • Water Quantity -- keeping water in our rivers, • Water Quality -- keeping our rivers healthy, and • Habitat Preservation -- protecting and restoring our riparian and instream areas. We hope you fund this project that will improve riparian conditions in Elk Park as well as make this a much more interesting place to stop and visit. Sincerely, >S A& / Sharon Clarke Land and Water Conservation Specialist q0 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Appendix E WEST ELK LOOP SCENIC AND HISTORIC BYWAY Steering Committee February 20, 2012 Great Outdoors Colorado ATTN: Local Government Program 303 E. 17 Avenue, Suite 1060 Denver, CO 80203 RE: GOCO Grant for the Redstone Elk Park Rehabilitation The West Elk Loop Scenic and Historic Byway was designated 20 years ago as a National Forest Scenic Byway and as a State of Colorado Scenic and Historic Byway. Since that time a steering committee has administered the Byway under an approved corridor management plan. The committee consists of representatives from the five counties, several communities, and the agencies along the Byway. The protection of the intrinsic resources of the Byway and the dissemination of information on the history and natural amenities of the area are our primary objectives. The opportunity of the Byway traveler to be educated about and to enjoy the natural splendor along the Byway is paramount. To this end, we wholeheartedly support the grant application by the Pitkin County Open Space and Trails to construct the amenities proposed for Elk Park. The Byway is a partner in this effort, having previously provided grant funds toward the project through CDOT. We applaud this continued effort by Pitkin County Open Space and Trails to acquire the additional funds needed to complete this beneficial project. This plan has been thoroughly vetted by the Byway Steering Committee, Pitkin County, and the community of Redstone and surrounding Crystal River Valley. The proposal builds on a solid foundation of amenities, community needs, and educational possibilities. The infrastructure to be placed there will complete a vision that benefits both residents and visitors to the community and the Byway. We encourage your acceptance and awarding of grant funds to this good cause. Yours truly, John Hoffmann West Elk Loop Scenic and Historic Byway Steering Committee Chair cc: George Newman Pitkin County Commissioner george.newman©co.pitkin.co.us 511 Colorado Ave Carbondale CO 81623- jhof(crof.net- 970 - 963 -1930 c 1 Elk Park Project, Pitkin County - LPOR Application and Supporting Documents, Spring 2012 Appendix E ,. The Crystal Valley Environmental Protection Association C V E W A L T ox, 921, Carbondale, CO 81623 February 20, 2012 Great Outdoors Colorado ATTN: Local Government Program 303 East 17 Ave, Suite 1060 Denver, CO 80203 Dear Great Outdoors Colorado: The Crystal Valley Environmental Protection Association (CVEPA) would like to express our support for the Pitkin County Open Space and Trails' grant application to help make the Elk Park design a reality. CVEPA is dedicated to the protection and preservation of the natural environment and is a leader in promoting environmentally sound practices within the watershed of the Crystal River. CVEPA was formed in 1972 and has a membership of over 100. Our members have been active participants in the Elk Park planning process, and we feel that the Elk Park design captures our organization's values and would be a huge asset for the Crystal Valley Community. The Elk Park site currently consists of a condemned cabin, non - native grass species, weeds, a few trees and a small gravel parking area. The Crystal River forms the east edge of the site and Coal Creek is the north edge, both of which have unstable, eroding banks. Through the Redstone Parks and Open Space Planning process, County staff worked with the community on its vision for Elk Park and developed a conceptual design that will clean up the site, incorporate native species, stabilize the stream banks, provide much needed open recreation space, and incorporate multiple opportunities for education. The CVEPA board feels particularly strong about this design because it does incorporate the draw of the open, recreation space with the opportunities to inform the public on the surrounding environment through the information center and interpretive panels. The stabilization of eroding stream banks will also be a significant improvement to the riparian environment, and the County will continue to work with the local watershed protection agency on stream and river enhancements. We ask that you please help make the Elk Park plan a reality and support the Pitkin County Open Space and Trails grant application. Sincerely, Defiatka ?Ries Crystal Valley Environmental Protection Association Board of Directors Board of Directors: John Armstrong, Chuck®owney, John Emerick Dorothea Parris, Bier Jochents, Michael Mahan, BifSpence, John Stickney, Peter Westcott, Da1 Wirt 1111111111•1•1•111MMINIsionsassisor