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HomeMy WebLinkAboutbocc.con.116.23 - BOCC1 EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF PITKIN COUNTY, COLORADO, APPROVING A GRANT AGREEMENT WITH THE CENTRAL FEDERAL LANDS FEDERAL HIGHWAY DIVISION UNDER THE FEDERAL LANDS ACCESS PROGRAM, FOR FUNDING FOR THE BRUSH CREEK PARK & RIDE IMPROVEMENTS RESOLUTION NO. 004-2023 RECITALS WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter (“HRC”) official action by formal resolution shall be required for all actions of the Board of County Commissioners (“BOCC”) not requiring ordinance power on matters of significant importance affecting citizens, and; WHEREAS, Pursuant to Section 2.8.5 of the HRC the Board is authorized to approve emergency resolutions, which shall become effective immediately upon adoption, and; WHEREAS, the Elected Officials Transportation Committee (EOTC) was formed in 1993 by Pitkin County, the City of Aspen and the Town of Snowmass Village to work collectively to reduce and/or manage the volume of vehicles on the road system and develop a comprehensive, long-range strategy that will insure a convenient and efficient transportation system for the Roaring Fork Valley, and; WHEREAS, in 2016 the EOTC approved acceptance of a Federal Lands Access Program grant to improve the Brush Creek Park and Ride by expanding parking capacity and implementing operational efficiencies, to encourage more motorists traveling to Aspen and Snowmass Village to park their vehicles and utilize transit or car pools to complete their upvalley journeys, and; WHEREAS, the EOTC on October 27, 2022 approved the 2023 work plan and budget including construction of the Park and Ride improvements requiring a local match in the amount of $3,766,672 and; BOCC finds that approval of this resolution is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this resolution to be effective immediately pursuant to the HRC Section 2.8.5. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an emergency resolution approving a grant agreement with the Central Federal Lands Highway Division under the Federal Lands Access Program for funding for the Brush Creek Park & Ride improvements, and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. Contract No. 116.2023 Attached 2 INTRODUCED, READ AND ADOPTED AS AN EMERGENCY RESOLUTION ON THE 25th DAY OF JANUARY 2023 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE 8th DAY OF FEBRUARY, 2023. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 26TH DAY OF JANUARY 2023. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE EMERGENCY RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE www.pitkincounty.com ON THE 26TH DAY OF JANUARY 2023. CONFIRMED AT A PUBLIC HEARING ON THE 8TH DAY OF FEBRUARY 2023. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE www.pitkincounty.com ON THE 9TH DAY OF FEBRUARY 2023. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC HEARING, IN THE ASPEN DAILY NEWS ON THE 16TH DAY OF FEBRUARY, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Julia Ely Francie Jacober, Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager Form Revised 01-01-2022 Jan-27-2023 Federal Highway Administration Federal Lands Highway AGREEMENT DTFH68-16-E-00052 Modification #005 PARTIES TO THE AGREEMENT Reimbursing Organization Pitkin County 76 Service Center Road Aspen, CO 81611 Organization to be Reimbursed Federal Highway Administration Central Federal Lands Highway Division 12300 West Dakota Ave Lakewood, CO 80228 POINTS OF CONTACT FOR THE AGREEMENT Reimbursing Organization Finance Point of Contact Name: Gabriel Galicia Address: 123 Emma Road, Suite 106 Basalt, CO 81621 Phone: 970-920-5206 E-mail: Gabriel.galicia@pitkincounty.com Organization to be Reimbursed Finance Point of Contact Name: Suzanne Schmidt Address: 12300 West Dakota Ave Lakewood, CO 80228 Phone: 720-963-3356 E-mail: suzanne.schmidt@dot.gov Reimbursing Organization Program Point of Contact Name: Linda DuPriest Address: 76 Service Center Road Aspen, CO 81611 Phone: 970-920-5202 E-mail: linda.dupriest@pitkincounty.com Organization to be Reimbursed Program Point of Contact Name: Tammy Eggers Address: 12300 West Dakota Ave Lakewood, CO 80228 Phone: 720-963-3687 E-mail: tammy.eggers@dot.gov PERIOD OF PERFORMANCE LEGAL AUTHORITY FROM: August 4, 2016 TO: December 31, 2025 23 U.S.C. 201 and 204 TOTAL AGREEMENT AMOUNT Original Agreement Amount: $10,000.00 Modification #001: $0.00 Modification #002: $1,990,000.00 Modification #003: $2,572,140.00 Modification #004: -$1,034,012.00 Modification #005: -$27,225.00 Total Agreement Amount: $3,510,903.00 PAYMENT TERMS AND SCHEDULE EFT DESCRIPTION OF SUPPLIES, SERVICES, AND DELIVERABLES This Modification #005 increases Pitkin County’s match amount. See attached Statement of Work. AUTHORIZED APPROVALS For Reimbursing Organization For Organization to be Reimbursed Signature Date Signature Date Contracting Officer Feb-10-2023 Date: 2023.02.14 14:32:24 -07'00' Contract No. 116.2023 Statement of Work Project: CO FLAP PIT SH89(1) Brush Creek Parking Reimbursable Agreement No.: DTFH6816E00052 MODIFICATION # 005 1   I. Introduction: Pitkin County will provide funding to the Federal Highway Administration, Central Federal Lands Highway Division (CFLHD) to perform scoping activities for the CO FLAP PIT 82(1) Brush Creek Parking project. Pitkin County will be referred to as the Requesting Agency. CFLHD will be referred to as the Servicing Agency. Modification # 002: Work will also include preliminary engineering, construction, and construction engineering. Modification # 003: Changes the overall budget, and contributions of FLAP and Requesting Agency match. Modification # 004: Changes the overall budget by increasing the contingency and eliminates the CMAQ funding from the Reimbursable Agreement. The CMAQ funding will be increased and contributed through a separate FTA. Modification # 005: Changes the overall budget by decreasing total project cost to award Schedule A only. II. Location: Pitkin County, Colorado III. Work Required: The work required will include the development of a scoping summary, scoping report, and preliminary estimate for design, construction, and construction engineering to verify the scope and cost for the proposed project. Modification # 002: Develop contract (plans, specifications, and estimate) for the advertisement and award of a construction project to complete this work and provide contract administration and construction engineering services. The full scope of the proposed project is to include preliminary engineering, construction and construction engineering of Brush Creek Parking Lot expansion project. The proposed improvements would include paving approximately 200 parking stalls, installing lighting, accessible bathroom facilities. Additional potential improvements may include a kiosk, and electric vehicle charging stations. The allocation of funding for the non-traditional improvements as it relates to eligibility for Federal Lands Access Program funding will be determine during scoping. This Agreement does not obligate (commit to the expenditure of) Federal funds for construction nor does it commit the parties to complete the project. This agreement documents the intent of the parties and commits the Requesting Agency to provide its share of eligible project costs. The Requesting Agency understands that any final decision as to design and construction will be made by the Programming Decisions Committee (PDC) after completion of the scoping effort and any environmental analysis required under the National Environmental Policy Act (NEPA). Any decision to proceed with the design and construction of the project will depend on the availability of appropriations and matching funds at the time of obligation and other factors, such as issues raised during the NEPA processes, a natural disaster that changes the need for the project, or a change in Statement of Work Project: CO FLAP PIT SH89(1) Brush Creek Parking Reimbursable Agreement No.: DTFH6816E00052 MODIFICATION # 005 2   Congressional authorization. Modification # 002: Refer to Project Memorandum of Agreement for more information regarding roles and responsibilities. IV. Non-Federal Share of Costs: The estimated project costs for scoping are as follows: Modification # 005: Updated costs as follows: Item Estimated Cost Comments Preliminary Engineering (PE) and Environmental Compliance $590,000 ROW Acquisition & Utility Relocation $0  Any ROW costs are outside the scope of this agreement. There are no utility relocation costs assumed at the time of this agreement. Costs for new utilities are included in the CN estimate. Construction Contract (CN) $5,474,775 Construction of Schedule A only Construction Engineering (CE $800,000 Contingency $618,000 Contingency Total $7,482,775 PROJECT FUNDING Funding Source Estimated Funding Comments Federal Lands Access Program $2,426,726 FLAP is fixed at $2,426,726 Pitkin County $3,510,903 Cash Match through Reimbursable Agreement; DTFH68-16-E-00052 CMAQ $1,545,146 Transfer thru FMIS from CDOT. Fixed Amount Total $7,482,775 Pitkin County will provide cash funds to cover the remaining project costs above CMAQ and FLAP contributions. If the project is less than the project total, Pitkin County must meet the minimum match requirement. The costs include construction contract completion, closeout, and resolution of any disputes, through separate funding agreements. Statement of Work Project: CO FLAP PIT SH89(1) Brush Creek Parking Reimbursable Agreement No.: DTFH6816E00052 MODIFICATION # 005 3   The Requesting Agency will provide non-federal local matching and CDOT will provide the CMAQ funds in the amounts shown above in the funding table. If during implementation of the project it is determined that amount shown above in the funding table will be less than 17.21% of the total Federal Lands Access Program eligible costs required to complete the work, CFLHD and Requesting Agency will either mutually agree to reduce the scope of the project, or execute a modification to this agreement to increase the local match amount to achieve a minimum 17.21% local match amount. The Requesting Agency is not required to reimburse CFLHD for any costs incurred prior to the date of this Agreement. V. Period of Performance: All work associated with this agreement will be completed no later than December 31, 2017. Modification # 001: All work associated with this agreement will be completed no later than December 31, 2018. Modification # 002: All work associated with this agreement will be completed no later than December 31, 2025. Modification # 003: Does not change the current period of performance of December 31, 2025. VI. Technical Representative: Agreement Points of Contact for this Agreement are: Tammy Eggers Project Manager Central Federal Lands Highway Division Federal Highway Administration, U.S. Department of Transportation 12300 West Dakota Avenue Lakewood, CO 80228 720-963-3687 tammy.eggers@dot.gov Linda DuPriest Regional Transportation Director Pitkin County 76 Service Center Road Aspen, CO 81611 970-920-5202 linda.dupriest@pitkincounty.com VII. Roles and Responsibilities Statement of Work Project: CO FLAP PIT SH89(1) Brush Creek Parking Reimbursable Agreement No.: DTFH6816E00052 MODIFICATION # 005 4   For scoping: A. CFLHD will: 1) Conduct scoping field review; 2) Prepare a scoping documents necessary to verify scope and costs of project; 3) Provide the PDC scoping documents for consideration of placement in the final program of projects.; and 4) Manage the overall effort on this agreement regarding scope, schedule and budget in coordination with the Requesting Agency. B. Requesting Agency will: 1) Provide relevant documents regarding this project to CFLHD for use in project development; 2) Participate in the field scoping activities; 3) Review all scoping documents prepared by CFLHD; and 4) Provide funding as referenced in this document. Modification # 003: Refer to the Project Memorandum of Agreement for additional Roles and Responsibilities. VIII. Financial Administration: A. Total Agreement Amount: Not to exceed $10,000. Modification # 003. Not to exceed $4,572,140 Modification # 004. Not to exceed $3,538,128 Modification #005. Not to exceed $3,510,903 B. Funding Citations: 23 U.S.C. 201 and 204. C. Reimbursable Payment: CFLHD will invoice the Requesting Agency on a monthly basis. Regardless of the estimate, the Requesting Agency will provide the required match, as documented above in the Project Funding Table, of the total Federal Lands Access Program eligible costs expended on the project through construction contract completion, closeout, and resolution of any disputes, in an amount not to exceed that provide in this Agreement. CFLHD is limited to recovery of the matching share of actual costs incurred, as reflected in the invoice provided by the CFLHD. CFLHD shall not incur costs which result in matching funds exceeding the maximum cost stated in this Agreement without authorization by the Requesting Agency in the form of written modification to this agreement. Upon receipt of the invoice of costs incurred and authorized, the Requesting Statement of Work Project: CO FLAP PIT SH89(1) Brush Creek Parking Reimbursable Agreement No.: DTFH6816E00052 MODIFICATION # 005 5   Agency will issue payment via one of the methods listed below. D. Method of Billing: CFLHD will bill the Requesting Agency, in accordance with the payment terms and schedule as agreed upon in the Agreement. CFLHD requests that these payments be made through the US Treasury's website https://pay.gov. Pay.gov can be used to make secure electronic payments to any Federal Government Agencies via credit card or direct debit. Payment shall be submitted referencing the FHWA/CFLHD-ID Agreement Number: DTFH6816E00052 Option 1 (Preferred Method)  Plastic card or Automatic Clearing House Payment (ACH Direct Debit)  Go to Treasury’s website – https://pay.gov  Search for Agency Name (Transportation Department)  Select the appropriate Transportation Agency (Federal Highway Administration)  Follow the form instructions to make your payment. Note, if making an ACH payment from your bank account, please select ACH Direct Debit as the payment type. Option 2  Mail check payment to the following address for Paper Check Conversion (PCC) processing: Make Check Payable To: DOT FHWA Modification # 005: Mailing Address: DOT/FEDRAL HIGHWAY ADMINISTRATION C/O MIKE MONRONEY AERONAUTICAL CENTER 65000 S. MacArthur Blvd. ATTN: AMZ-324, HQS BLDG RM 265 Oklahoma City, OK 73169-6918 o Notice to customers making payment by check:  Please notify Regina Monroe at 720-963-3460 or regina.monroe@dot.gov if mailing a check.  When you provide a check as payment you authorize us either to use information from your check to make a one- time electronic fund transfer from your account or to process the payment as a check transaction. Statement of Work Project: CO FLAP PIT SH89(1) Brush Creek Parking Reimbursable Agreement No.: DTFH6816E00052 MODIFICATION # 005 6    When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment and you will not receive your check back from your financial institution. Privacy Act- A Privacy Act Statement required by 5 U.S.C. § 552a(e)(3) stating our authority for soliciting and collecting the information from your check, and explaining the purposes and routine uses which will be made of your check information, is available 1Torn our internet site at (PCCOTC.GOV), or call toll free;: at (1-800-624-137 to obtain a copy by mail. Furnishing the check information is voluntary, but a decision not to do so may require you to make payment by some other method.   IX. Modifications: Any modifications to the Agreement must be made in writing and agreed to by both parties. Such modifications are not binding unless they are in writing and signed by personnel authorized to bind each of the agencies. X. Termination: This agreement will terminate upon the date specified in Section V or upon 30 calendar days after written notification to the other party. If this agreement is terminated by either party, the Requesting Agency’s liability shall extend only to pay for its share of the actual and reasonable costs of the items/services rendered and the costs of any non-cancelable obligations incurred in accordance with the terms of this agreement prior to the effective date of termination. If this agreement is terminated by CFLHD its liability shall extend only to the release of its work products and related materials to the Requesting Agency by the effective date of termination.   FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT January 17, 2023 Modification 001 CO FLAP PIT SH89(1) Brush Creek Parking Page | 1 of 10 Project / Facility Name: CO FLAP PIT 82(1) Project Route: Brush Creek Parking State: Colorado County: Pitkin Owner of Federal Lands to which the Project Provides Access: U.S. Forest Service – White River National Forest Entity with Title or Maintenance Responsibility for Facility: Pitkin County Type of Work: Preliminary Engineering: Environmental compliance, preliminary and final design, all necessary permits Right of Way: Acquire all necessary right of way and easements needed for the project Construction/Construction Contracting: Acquisition of construction contractor to perform work in accordance with the construction contract (plans, specifications, and estimate) Construction Engineering: Administration of the construction contract This Agreement does not obligate (commit to) the expenditure of Federal funds nor does it commit the parties to complete the project. Rather, this Agreement sets forth the respective responsibilities as the project proceeds through the project development process. Parties to this Agreement: FHWA-Central Federal Lands Highway Division (CFLHD), and Pitkin County The Program Decision Committee approved this project on 2/16/2017 Date AGREED: Francie Jacober, Chair, Board of County Commissioners Date Pitkin County Judy Salomonson Date Chief of Business Operations FHWA-CFLHD Feb-01-2023 JUDY SALOMONSON Digitally signed by JUDY SALOMONSON Date: 2023.02.10 17:35:50 -07'00' FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT January 17, 2023 Modification 001 CO FLAP PIT SH89(1) Brush Creek Parking Page | 2 of 10 A. PURPOSE OF THIS AGREEMENT This Agreement documents the intent of the parties and sets forth the anticipated responsibilities of each party in the development, construction, and future maintenance of the subject project. The purpose of the Agreement is to identify and assign responsibilities for the environmental analysis, design, right-of-way, utilities, acquisition and construction as appropriate for this programmed project, and to ensure maintenance of the facility for public use if improvements are made. The parties understand that any final decision as to design or construction will not be made until after the environmental analysis required under the National Environmental Policy Act (NEPA) is completed (this does not prevent the parties from assigning proposed design criteria to be studied in the NEPA process.) Any decision to proceed with the design and construction of the project will depend on the availability of appropriations at the time of obligation and other factors, such as issues raised during the NEPA process, a natural disaster that changes the need for the project, a change in Congressional direction, or other relevant factors. If Federal Lands Access Program funds are used for the development or construction of this project, Pitkin County agrees to provide a matching share equal to a minimum of 17.21 percent of the total cost of the project, as detailed more fully in Sections J and K below. B. AUTHORITY This Agreement is entered into between the signatory parties pursuant to the provisions of 23 U.S.C. 204. C. JURISDICTION AND MAINTENANCE COMMITMENT The Pitkin County has jurisdictional authority to operate and maintain the existing facility and will operate and maintain the completed project at its expense. D. FEDERAL LAND MANAGEMENT AGENCY COORDINATION Pitkin County has coordinated the project development with the U.S. Forest Service – White River National Forest. The U.S. Forest Service – White River National Forest support of the project is documented in the Colorado Federal Lands Access Program Project Application for this project submitted by Pitkin County to FHWA-Central Federal Lands Highway Division. Each party to this agreement who has a primary role in NEPA, design, or construction shall coordinate their activities with the U.S. Forest Service – White River National Forest. FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT January 17, 2023 Modification 001 CO FLAP PIT SH89(1) Brush Creek Parking Page | 3 of 10 E. PROJECT BACKGROUND/SCOPE General Project Description. The project is located at the intersection of Colorado State Highway 82 and Brush Creek Road in Pitkin County, approximately 7 miles north of Aspen, Colorado. The project proposes to grade and pave 200 additional parking spaces and add safety lighting, bathroom facilities, and an information kiosk. Highway Design and Safety. The project is located adjacent to State Highway 82. As a transit center and parking lot it does not have the same roadway design considerations or safety issues as a roadway. Improvements to the intersection were made as part of the BRT project and the capacity exists for turning movements required to and from SH 82. No additional roadwork will be completed. The terrain is flat and the alignment is sufficient so the proposed parking lot will match the existing size, shape, and profile of the existing graveled area. The facilities and kiosks will be built in previously disturbed areas with minimal site grading. Pavement. The existing overflow parking lot is currently a gravel surface and is maintained by Pitkin County. It is assumed that the proposed project will place 4” of aggregate base and 4” asphalt surface to match the structural section the existing paved parking lot. Additionally, the asphalt in the existing paved parking area will be removed and replaced. The millings will be placed in the North Overflow parking area. FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT January 17, 2023 Modification 001 CO FLAP PIT SH89(1) Brush Creek Parking Page | 4 of 10 ROW. The project is on land currently owned by the Colorado Department of Transportation and maintained by Pitkin County. It is anticipated that the town of Aspen may purchase the land. CFLHD will work with the Town of Aspen, Pitkin County and CDOT for any ROW needs. Utilities. There is currently overhead power located in the area of this project. Additional power will need to be installed for the safety lighting. Also, additional utility installations (power, sewer and water) will be needed for the bathroom facilities and information kiosk. Survey. Full topographic survey is required for the length of the parking area sufficient to account for minor vertical alignment adjustments. The terrain is flat to rolling and no vegetation is present. Geotechnical. It is anticipated that minor geotechnical analysis will be needed for this project. The east end of the parking lot is near a steep slope leading to the Roaring Fork River which may require slope stabilization. This will be determined once construction limits are determined. Hydrology/Hydraulics. There are no hydraulic features within the project limits and no signs of current drainage issues. The parking lot will be designed such that the water will sheet flow from the parking lot. Low impact development water quality features will be utilized to the greatest extent possible to mitigation water quality changes. Environment and Permits. CFLHD will serve as the lead agency for NEPA compliance. A NEPA analysis (EIS-ROD) was completed for the project area in 1993. It is assumed that the NEPA document for this project will be a Categorical Exclusion. The proposed parking area has been previously disturbed and was studied and mitigated under the earlier EIS, so only minor environmental activities will be needed for reevaluation. It is not anticipated that any additional unmitigated resources are within the project limits. Any permit needs will be determined during the environmental process. FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT January 17, 2023 Modification 001 CO FLAP PIT SH89(1) Brush Creek Parking Page | 5 of 10 F. PROJECT BUDGET Item Estimated Cost Comments Preliminary Engineering (PE) and Environmental Compliance $590,000 ROW Acquisition & Utility Relocation $0  Any ROW costs are outside the scope of this agreement. There are no utility relocation costs assumed at the time of this agreement. Costs for new utilities are included in the CN estimate. Construction Contract (CN) $5,474,775 Construction of Schedule A only Construction Engineering (CE $800,000 Contingency $618,000 Contingency Total $7,482,775 G. ROLES AND RESPONSIBILITIES Responsible Party Product/Service/Role Comments FHWA-CFLHD  Develop and sign this Memorandum of Agreement  Manage project development schedule and preliminary engineering costs  Lead agency for all environmental compliance  Prepare and approve environmental documents and make project decisions based on the NEPA documents  Preliminary engineering towards the development of a PS&E construction contract package  Obtain permits required for Federally constructed projects  Advertise and award the contract (Bids will not be solicited by FHWA-CFLHD until maintaining agency has concurred with the plans and specifications)  Construction engineering/administration of the construction contract  Potentially enter into a formal partnering work session and agreement with all parties involved in the construction contract FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT January 17, 2023 Modification 001 CO FLAP PIT SH89(1) Brush Creek Parking Page | 6 of 10 Responsible Party Product/Service/Role Comments  Provide Project Engineer on site for construction administration  Determine the need for any proposed changes to contract documents, evaluate change impacts, coordinate technical reviews as needed, and ensure that the construction meets the requirements intended in the PS&E  Ensure that the contractor will bear all expense of maintaining traffic, other than snow removal and normal state, county, and city maintenance work  Verify adherence to environmental documents  Set up and lead final inspection upon completion of construction Pitkin County  Review and sign this Memorandum of Agreement  Attend reviews and meetings  Provide in a timely manner available data including but not limited to traffic, accidents, material sources, construction costs, agreements, other technical data  Review and provide comments within two weeks the plans, estimate, and specifications at each phase of design and provide project development support  Coordinate with FHWA-CFLHD on NEPA related issues  In coordination with the FHWA-CFLHD project manager, ensure that completed plans, specifications, and estimates (PS&E) are consistent with the intended outcome  Acquire any required state permits prior to advertisement of the project  Provide ROW and utility information and coordination  Acquire ROW and TCEs if necessary.  Complete all ROW activities prior to advertisement of the project  Sign CFLHD Right of Way Certification certifying that all rights on private property FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT January 17, 2023 Modification 001 CO FLAP PIT SH89(1) Brush Creek Parking Page | 7 of 10 Responsible Party Product/Service/Role Comments necessary to construct, operate, and maintain the road have been obtained.  Obtain all rights necessary to construct, operate, and maintain the facility  Provide overall direction regarding agency policy and administration for the project and concur with the final plans and specifications  Coordinate utility relocations if necessary per scope described above  Sign CFLHD Utility Certification  Develop a public information plan in coordination with CFLHD and the FLMA  If required, enter into a formal partnering work session and agreement with all parties involved in the construction contract  Designate a representative who will be the primary contact for FHWA’s construction staff during construction  Consider proposed design changes, evaluate change impacts, and provide construction oversight as needed, ensuring that requests meet the requirements intended in the PS&E  Attend a final inspection and approve and provide final acceptance upon completion of construction  Assume responsibility of the NPDES permit until the Notice of Termination is filed and accepted  Provide long term maintenance and operation of the project upon completion FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT January 17, 2023 Modification 001 CO FLAP PIT SH89(1) Brush Creek Parking Page | 8 of 10 H. ROLES AND RESPONSIBILITIES—SCHEDULE Responsible Lead Product/Service/Role Schedule Finish Comments FHWA-CFLHD Preliminary Design Summer 2019 FHWA-CFLHD Environmental Compliance Winter 2019 Development and completion of NEPA Document FHWA-CFLHD Final Design Fall 2020 Development of PS&E FHWA-CFLHD Advertise, Award and NTP Fall 2022 FHWA-CFLHD Administer Construction Contract 2023 Construction Engineering I. PROPOSED DESIGN STANDARDS Final design standards will be determined through the NEPA process. Criteria Comments Standard AASHTO Functional Classification N/A Parking Lot Surface Type Asphalt Design Volume 27,000 J. FUNDING PROJECT FUNDING Funding Source Estimated Funding Comments Federal Lands Access Program $2,426,726 FLAP is fixed at $2,426,726 Pitkin County $3,510,903 Cash Match through Reimbursable Agreement; DTFH68-16-E-00052 CMAQ $1,545,146 Transfer thru FMIS from CDOT. Fixed Amount Total $7,482,775 Pitkin County is contributing the minimum match (17.21%) plus an over match amount. K. MATCHING SHARE REQUIREMENTS Pitkin County will provide cash funds to cover the remaining project costs above CMAQ and FLAP contributions. If the project is less than the project total, Pitkin County must meet the minimum match requirement. the amount shown above in the funding table, or 17.21% of the total Federal Lands Access Program eligible project costs required through The costs include FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT January 17, 2023 Modification 001 CO FLAP PIT SH89(1) Brush Creek Parking Page | 9 of 10 construction contract completion, closeout, and resolution of any disputes, whichever is greater, through separate funding agreements. Matching or cost sharing requirements will be satisfied following the obligation of funds to the project as detailed above in Section J. L. PROJECT TEAM MEMBERS—POINTS OF CONTACT The following table provides the points of contact for this project. They are to be the first persons to deal with any issues or questions that arise over the implementation of each party’s role and responsibility for this agreement. Name/Title Organization Phone Number/Email Linda DuPriest Regional Transportation Director Pitkin County 970-920-5202 linda.dupriest@pitkincounty.com Tammy Eggers Project Manager FHWA-CFLHD 720-963-3687 tammy.eggers@dot.gov M. CHANGES/AMENDMENTS/ADDENDUMS The agreement may be modified, amended, or have addendums added by mutual agreement of all parties. The change, amendment, or addendum must be in writing and executed by all of the parties. The types of changes envisioned include, but are not limited to, changes that significantly impact scope, schedule, or budget; changes to the local match, either in type or responsibility; changes that alter the level of effort or responsibilities of a party. The parties commit to consider suggested changes in good faith. Failure to reach agreement on changes may be cause for termination of this agreement. A change in the composition of the project team members does not require the agreement to be amended. It is the responsibility of the project team members to recognize when changes are needed and to make timely notification to their management in order to avoid project delivery delays. N. ISSUE RESOLUTION PROCEDURES MATRIX Issues should be resolved at the lowest level possible. The issue should be clearly defined in writing and understood by all parties. Escalating to the next level can be requested by any party. When an issue is resolved, the decision will be communicated to all levels below. FHWA Pitkin County Time Tammy Eggers, Project Manager Linda DuPriest, Regional Transportation Director 30 days Wendy Longley, Project Management Branch Chief Brian Pettet, Director of Public Works 60 days FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT January 17, 2023 Modification 001 CO FLAP PIT SH89(1) Brush Creek Parking Page | 10 of 10 FHWA Pitkin County Time Curtis Scott, Chief of Engineering Jon Peacock County Manager 90 days O. TERMINATION This agreement may be terminated by mutual written consent of all parties. This agreement may also be terminated if either the NEPA process or funding availability requires a change and the parties are not able to agree to the change. Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. If Federal Access funds have been expended prior to termination, the party responsible for the match agrees to provide a match in the applicable percentage of the total amount expended on the project prior to the termination.