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HomeMy Public PortalAboutTBP 2014-05-28Town Board Briefing May 28, 2014 Please note that Members of the Board may have dinner together @ 5:30 p.m. at the Fraser Town Hall. Also, note that there is no workshop and the regular meeting will begin at 6:00pm. However, the Board will be entering executive session until 7:00pm. Please find staff briefings in the packet along with related materials for the discussion items, with the exception of the USFS update for which there are no advance materials. As always, feel free to contact me if you have any questions or need any additional information. Jeff Durbin Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, May 7, 20144 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Peggy Smith; Mayor Pro -Tem Philip Naill; Trustees; Eileen Waldow, Katie Soles, Cody Clayton Taylor, Andy Miller and Jane Mather Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Finance Manager Nat Havens; Public Works Director Allen Nordin; Town Planner, Catherine Trotter; Police Chief, Glen Trainor, Town Attorney Rod McGowan Others: See attached list Mayor Smith called the meeting to order at 6:03 p.m. Regular Meeting: Roll Call 2. Approval of Agenda: Trustee Naill moved, and Trustee Soles seconded the motion to approve the Agenda. Motion carried: 7-0. 3. Executive Session For a conference with the Town's Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6- 402(4) (b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding RAMP agreements and to include, Town Manager Durbin and Town Attorney McGowan. Trustee Naill moved, and Trustee Soles seconded the motion to enter executive session. Motion carried: 7-0. Enter: 6:05 p.m. Exit: 6:43 p.m. Trustee Soles moved, and Trustee Mather seconded the motion to exit executive session. Motion carried: 7-0. 4. Executive Session For a conference with the Town's Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6- 402(4) (b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding Page 2 of 4 Subdivision Improvements and to include, Town Manager Durbin, Town Attorney McGowan, Town Planner Trotter and Public Works Director Nordin. Trustee Miller moved, and Trustee Soles seconded the motion to enter executive session. Motion carried: 7-0. Enter: 6:.50 p.m. Exit: 7:16 p.m. Trustee Naill moved, and Trustee Waldow seconded the motion to exit executive session. Motion carried: 7-0. Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney representing the Town of Fraser, I am of the opinion that the entire Executive Session, which was not recorded, constituted a privileged attorney-client communication. Rod McGowan, Town Attorney 5. Consent Agenda: a) Minutes — April 16, 2014 Trustee Soles moved, and Trustee Taylor seconded the motion to approve the consent agenda. Motion carried: 7-0. 6. Open Forum: None 7. Public Hearings: None 8. Discussion and Possible Action Regarding: a) Fraser US 40 Highway Improvement Project State and Local Agreements TM Durbin briefed the Board and public on the status of the US 40 Highway Improvement Project. The Town has received two agreements for the project, they will be brought to the Board on May 28tH b) Snowball 2015-2017 TM Durbin briefed the Board on the Snowball festival held in 2013 and outlined the proposal from Snowball that would allow them to hold their annual festival in Fraser for a 3 year period beginning in 2015-2017. The Winter Park/Fraser Chamber of Commerce Board has directed staff not to pursue this festival. The Board directed staff to send Snowball a list of necessities that the Board would require in order for the Town of Fraser to host the festival in the future. Page 3 of 4 C) Resolution 2014-05-04 Authorizing Expenditures for Laserfiche Software TC Berger outlined the proposal that was included in the Board packet, and the benefits this software would provide for the organization. Trustee Soles moved, and Trustee Taylor seconded the motion to approve Resolution 2014-05-04 Authorizing Expenditures for Laserfiche Software. Motion carried: 7-0 d) Resolution 2014-05-01 2014 Sewer System Annual Inspection And Cleaning Contract TM Durbin and PW Nordin outlined the 3 year cycle of inspections and cleaning of the town's collection system. Trustee Miller moved, and Trustee Soles seconded the motion to approve Resolution 2014-05-01 2014 Sewer System Annual Inspection and Cleaning Contract not to exceed $45,000. Motion carried: 7-0. e) Resolution 2014-05-02 St. Louis Creek Bank Stabilization Project Contract. Trustee Waldow recused herself from the discussion due to a financial interest in the project. PW Nordin outlined how the breach in the creek happened and the steps taken to temporarily mitigate the situation. The stabilization project would go back in and further stabilize the bank and make the needed repairs permanent. Trustee Naill moved, and Trustee Soles seconded the motion to approve Resolution 2014-05-02 St. Louis Creek Bank Stabilization Project Contract not to exceed $25,000. Motion carried: 4-1-2 Miller — nay Naill - yay Waldow — abstained Soles - yay Mather — abstained Smith - yay Taylor — yay f) Resolution 2014-05-03 Sanitary Sewer Data Loggers Expenditure Authorization PW Nordin briefed the Board on the inflow and infiltration (I&I) condition and the desire of all the Waste Water Treatment Plant partners to have a process that would allow for long-term monitoring and detection of I&I. Trustee Soles moved, and Trustee Miller seconded the motion to approve Resolution 2014-05-03 Sanitary Sewer Data Loggers Expenditure Authorization not to exceed $20,700. Motion 7-0 9. Other Business: Page 4 of 4 Trustee Soles moved, and Trustee Waldow seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 9:19 p.m. Lu Berger, Town Clerk 0 . . I . 1 . Wtel 619 ., e Aril 16, 2014 The Public Forum is an opportunity for the public to present their concerns and recommendations regarding Town Government issues to the Town Board. Those wishing to address the Town Board will be allowed a five-minute presentation. A maximum of six (6) people will be allowed to address the Town Board at each Public Forum. If a topic that you wish to discuss has been scheduled for a formal Town Board Meeting, we would ask that you reserve your remarks for that specific date and time. Topics that are in litigation with the Town will not be heard during this forum. All presenters are urged to: (1) state the concern; and (2) list possible solutions. Please keep the following guidelines in mind: • Remarks that discriminate against anyone or adversely reflect upon the race, color, ancestry, religious creed, national origin,; political affiliation, disability, sex, or marital status of any person are out of order and may end the speaker's privilege to address the Board. • Defamatory or abusive remarks or profanity are out of order and will not be tolerated. Anyone attending Town Board meetings must sign in to ensure accurate records and minutes. Sign your name, address, and topic of discussion on the sign in sheet. Thank you for your cooperation. NAME ,r PHYSICAL ADDRESS' Email address ONLY if you wish to receive the Board Agenda when posted PLEASE PRINT LEGIBLY L _ / f2 (2- 7_3 Fl 5 L MEMO TO: Mayor Smith and the Board of Trustees FROM: Catherine E. Trotter, AICP, Town Planner DATE: May 28, 2014 SUBJECT: Subdivision Exemption Plats Briefing MATTER BEFORE BOARD: Approval of Subdivision Exemption Plat, Amended Lot 26, East Mountain -Filing 1. ACTION REQUESTED: Motion to approve the Subdivision Exemption Plat, Amended Lot 26, East Mountain -Filing 1 with conditions. See Resolution 2014-05-05. BACKGROUND: This application is being processed as a Subdivision Exemption in accordance with Section 17- 3-10 of the Fraser Municipal Code. The Code states that certain divisions of property may be exempted from the requirements of this Chapter if the activity meets the following condition(s): the division does not result in the creation of an additional lot and/or the division is for the purpose of revising lot lines, only if it creates no more than the prior recorded number of lots, and if such exemption is approved by the Board of Trustees. The applicant is Piton Properties, LLC., represented by Kent Whitmer. Piton Properties, LLC., owns Lot 25 and Lot 26, East Mountain -Filing 1. There is currently an existing single family dwelling on Lot 26. The applicant is requesting approval of this subdivision exemption plat to vacate the lot line and forever combine both lots into one new lot in order to minimize taxes and HOA assessments, expand the lot size and protect privacy. Approval and recordation of this exemption plat will forever combine Lots 25 and 26, such that neither will independently be sold, transferred or mortgaged separately. The Planning Commission recommended approval of this subdivision exemption plat at a public hearing on May 1411, 2014. Please see aerial below indicating the existing lots and proposed new lot configuration. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Vicinity map showing Lot 25 and Lot 26, East Mountain -Filing 1 Rendezvous PDD Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Zoomed in view of Lot 25, 977 Pioneer Trail and Lot 26, 929 Pioneer Trail Proposed new amended Lot 26 RECOMMENDATION: Staff is recommending approval of the subdivision exemption plat. See Resolution 2014-05-05. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com MATTER BEFORE BOARD: Approval of Subdivision Exemption Plat, Amended Lot 43, East Mountain -Filing 1. ACTION REQUESTED: Motion to approve the Subdivision Exemption Plat, Amended Lot 43, East Mountain -Filing 1 with conditions. See Resolution 2014-05-06. BACKGROUND: This application is being processed as a Subdivision Exemption in accordance with Section 17- 3-10 of the Fraser Municipal Code. The Code states that certain divisions of property may be exempted from the requirements of this Chapter if the activity meets the following condition(s): the division does not result in the creation of an additional lot and/or the division is for the purpose of revising lot lines, only if it creates no more than the prior recorded number of lots, and if such exemption is approved by the Board of Trustees. The applicants are Michael W and Mary A. Wells, represented by Kent Whitmer. The Wells own Lot 39 and Lot 43, East Mountain -Filing 1. There is currently an existing single family dwelling on Lot 43. The applicant is requesting approval of this subdivision exemption plat to vacate the lot line and combine both lots into one new lot in order to minimize taxes and HOA assessments, expand the lot size and protect privacy. Approval and recordation of this exemption plat will forever combine Lots 39 and 43, such that neither will independently be sold, transferred or mortgaged separately. The Planning Commission recommended approval of this subdivision exemption plat at a public hearing on May 14th, 2014. Please see aerial below indicating the existing lots and proposed new lot configuration. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Vicinity map showing Lot 39 and Lot 43, East Mountain -Filing 1 Rendezvous PDD Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Zoomed in view of Lot 39, 169 Cozens Ridge and Lot 43, 403 Cozens Ridge Proposed new amended Lot 43 RECOMMENDATION: Staff is recommending approval of the subdivision exemption plat. See Resolution 2014-05-06. Please contact me with comments and/or questions. ctrotterQtown.fraser.co.us Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com TOWN OF FRASER RESOLUTION NO. 2014-05-05 A RESOLUTION APPROVING THE SUBDIVISION EXEMPTION PLAT, AMENDED LOT 26, EMF1, RENDEZVOUS. WHEREAS, at a special meeting of the Fraser Planning Commission held on May 14, 2014, Piton Properties, LLC., , represented by Kent Whitmer, requested a recommendation of approval for a Subdivision Exemption Plat, Amended Lot 26, East Mountain Filing 1. WHEREAS, Piton Properties, LLC, is the current owner of Lot 25 EMF1, which is a vacant lot; and WHEREAS, Piton Properties, LLC.is also the current owner of Lot 26, EMF1, which lot is improved with a single family residence; and WHEREAS, Lot 25 and Lot 26 are contiguous lots and the applicant is requesting to vacate the lot line between Lots 25 and 26 in order minimize taxes and HOA assessments, expand lot size and protect privacy; and WHEREAS approval and recordation of this exemption plat will forever combine lots 25 and 26, such that neither will independently be sold, transferred or mortgaged separately; and WHEREAS, Staff has determined that the application is in compliance with the subdivision exemption regulations of the Town of Fraser; WHEREAS, the Fraser Planning Commission has voted to recommend approval of the Subdivision Exemption Plat, Amended Lot 26, via Planning Commission Resolution No. 2014-05-01. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: The Town Board of Fraser, Colorado hereby approves the Subdivision Exemption Plat, Amended Lot 26, EMF1 with the following conditions: Payment of all applicable fees Execution of all documents within 90 days of the adoption of this Resolution. Provide 911 mylar and electronic copy of the plat in accordance with the Subdivision Regulations. If such conditions are not satisfied, the approval provided by this resolution is no longer valid. DULY MOVED, SECONDED AND ADOPTED THIS 28th DAY OF MAY, 2014. (S E A L) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk SUBDIVISION EXEMPTION PLAT AMENDED LOT 26, EAST MOUNTAIN -FILING 1, BEING A RE -PLAT OF LOTS 25 & 26, EAST MOLT.NTATN-FILING 1, RECEPTION NO. 2001-002997, SECTION 28, TOWNSHIP I SOUTH, RANGE 75 WEST, 5TH P.M. TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO OWNERSHIP VESTED BY WARRANTY DEEDS AT RECEPTION NO. 2012-009748 & NO. 2014-000328 VICINITY '. � EMAP -.:t4 ­—.`N xl 1:, wE,I_ P, lW'%X'= -.1 D Y s.I N J5 H"H" UMIZ`Mll I.— .1 'T D°�EQk.n PA.�%l `�TR .- D TIM SHENK LAND SURVEYING INC.(h P.O. BOX 1670'4-" GRANBY, CO 80446 (970) 887-1046 SUBDIVISION EXEMPTION PLAT AMENDED LOT 26, EAST MOUNTAIN -FILING 1, BEING A RE -PLAT OF LOTS 25 & 26, EAST MOUNTAIN -FILING 1, RECEPTION NO. 2001-002997, SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST, 6TH P.M. _ TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO LEmc OWNERSHIP VESTED BY WARRANTY DEEDS AT RECEPTION NO. 2012-009748 & NO. 2014-000328 a -Foam Fcer9. aw�J Fr ®- Fvmn cwrm Fern (umazl -rtasm aV �ixcn iaax 7Y - __—_ G aE9. »J. Tooz�aaazaa �izaa�a, � w1. I f i as AMENDED LOT 26 86290.81 60. FT. Fest Fmx¢n \ 1.968 IkCRE6 � WFC----+ �% m ,� -•� ` \ � i ®_' � \ 18>i i I cumE w' SVC- Nc 59.89 8 T4'1J>0 E 06554) E 2608 42" C3 G 115.00 +b.56 119.5] 44 = N IS OF BEARING TIM SHENK LAND SURVEYING INC. P.O. BOX 1670 GRANBY, CO 80446 (970) 887-1046 S EEf 2 OF 2: TOWN OF FRASER RESOLUTION NO. 2014-05-06 A RESOLUTION APPROVING THE SUBDIVISION EXEMPTION PLAT, AMENDED LOT 43, EMF1, RENDEZVOUS. WHEREAS, at a special meeting of the Fraser Planning Commission held on May 14, 2014, Michael and Mary Wells, represented by Kent Whitmer, requested a recommendation of approval for a Subdivision Exemption Plat, Amended Lot 43, East Mountain Filing 1. WHEREAS, Michael and Mary Wells are the current owners of Lot 39 EMF1, which is a vacant lot; and WHEREAS, Michael and Mary Wells are also the current owner of Lot 43, EMF1, which lot is improved with a single family residence; and WHEREAS, Lot 39 and Lot 43 are contiguous lots and the applicant is requesting to vacate the lot line between Lots 39 and 43 in order minimize taxes and HOA assessments, expand lot size and protect privacy; and WHEREAS approval and recordation of this exemption plat will forever combine lots 39 and 43, such that neither will independently be sold, transferred or mortgaged separately; and WHEREAS, Staff has determined that the application is in compliance with the subdivision exemption regulations of the Town of Fraser; WHEREAS, the Fraser Planning Commission has voted to recommend approval of the Subdivision Exemption Plat, Amended Lot 43, via Planning Commission Resolution No. 2014-05-02. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: The Town Board of Fraser, Colorado hereby approves the Subdivision Exemption Plat, Amended Lot 43, EMF1 with the following conditions: 1. Change the address from Cozens Ridge Road to Cozens Ridge. 2. Payment of all applicable fees 3. Execution of all documents within 90 days of the adoption of this Resolution. 4. Provide 911 mylar and electronic copy of the plat in accordance with the Subdivision Regulations. If such conditions are not satisfied, the approval provided by this resolution is no longer valid. DULY MOVED, SECONDED AND ADOPTED THIS 28th DAY OF MAY, 2014. (SEAL) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk DEDICATION KNOW ALL MEN BY THESE PRESENTS: THAT MICHAEL W. WELLS AND MARY A. WELLS ARE THE OWNERS OF THE REAL PROPERTY SITUATED IN THE TOWN OF FRASER, GRAND COUNTY, COLORADO, MORE FULLY DESCRIBED AS FOLLOWS: PARCEL A: LOT 39, EAST MOUNTAIN -FILING 1, ACCORDING TO THE PLAT RECORDED APRIL 2, 2001 AT RECEPTION NO. 2001-002997, TOGETHER WITH THE VACATED PORTION OF COZENS RIDGE ROAD ADJOINING SAID LOT 39, AS VACATED BY ORDINANCE NO. 280 BY THE TOWN OF FRASER, AND RECORDED JULY 9, 2003 AT RECEPTION NO. 2003-008539. COUNTY OF GRAND, STATE OF COLORADO. PARCEL B: LOT 43, EAST MOUNTAIN -FILING 1, ACCORDING TO THE PLAT RECORDED APRIL 2, 2001 AT RECEPTION NO. 2001-002997. COUNTY OF GRAND, STATE OF COLORADO. THAT THEY HAVE CAUSED SAID REAL PROPERTY TO BE LAID OUT AND SURVEYED AS AMENDED LOT 43, EAST MOUNTAIN -FILING 1, AND DOES HEREBY DEDICATE AND SET APART ALL THE PUBLIC STREETS, ALLEYS, WAYS AND PLACES SHOWN ON THE ACCOMPANYING PLAT FOR THE USE OF THE PUBLIC FOREVER, AND DOES HEREBY DEDICATE THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE INDICATED AS "UTILITY EASEMENTS" ON THE ACCOMPANYING PLAT AS UTILITY EASEMENTS. IN WITNESS WHEREOF, SAID MICHAEL W. WELLS HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS DAY OF , 20_ MICHAEL W. WELLS STATE OF ) SS COUNTY OF ) THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS BY MICHAEL W. WELLS. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC DAY OF , 20 - IN WITNESS WHEREOF, SAID MARY A. WELLS HAS CAUSED HER NAME TO BE HEREUNTO SUBSCRIBED THIS DAY OF , 20_ BY: MARY A. WELLS SUBDIVISION EXEMPTION PLAT AMENDED LOT 43, EAST MOUNTAIN -FILING 1 BEING A RE -PLAT OF LOTS 39 & 43, EAST MOUNTAIN -FILING 1, RECEPTION NO. 2001-002997 SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST, 6TH P.M. TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO OWNERSHIP VESTED BY WARRANTY DEEDS AT RECEPTION NO. 2002-006199 & NO. 2010-009718 LEGAL DESCRIPTION PARCEL A: LOT 39, EAST MOUNTAIN -FILING 1, ACCORDING TO THE PLAT RECORDED APRIL 2, 2001 AT RECEPTION NO. 2001-002997, TOGETHER WITH THE VACATED PORTION OF COZENS RIDGE ROAD ADJOINING SAID LOT 39, AS VACATED BY ORDINANCE NO. 280 BY THE TOWN OF FRASER, AND RECORDED JULY 9, 2003 AT RECEPTION NO. 2003-008539. COUNTY OF GRAND, STATE OF COLORADO. PARCEL B: LOT 43, EAST MOUNTAIN -FILING 1, ACCORDING TO THE PLAT RECORDED APRIL 2, 2001 AT RECEPTION NO. 2001-002997. COUNTY OF GRAND, STATE OF COLORADO. NOTES 1. THIS SUBDIVISION EXEMPTION PLAT PROVIDES FOR: A. VACATION OF THE DIVIDING LINE BETWEEN SAID LOTS 39 & 43. B. RESULTANT ESTABLISHMENT OF "AMENDED LOT 43" (COMBINATION OF SAID LOTS 39 & 43). 2. THE FOLLOWING DOCUMENTS WERE UTILIZED IN THE PREPARATION OF THIS SURVEY: A. GRAND COUNTY RECORDS, MAJOR SUBDIVISION FINAL PLAT, EAST MOUNTAIN -FILING 1, REC NO. 2001-002997. B. TITLE COMMITMENT #D-28997, EFFECTIVE JANUARY 31, 2014, ISSUED BY GRAND COUNTY TITLE AND ESCROW COMPANY, INC. 3. THE BASIS OF BEARING FOR THIS PLAT IS S 59°18'44" W, AS EVIDENCED BY A NO. 5 REBAR WITH AN ILLEGIBLE PLASTIC CAP SITUATED AT THE SOUTHEAST CORNER OF SAID LOT 43 AND A NO. 5 REBAR WITH A PLASTIC CAP, PLS #22097 SITUATED AT THE SOUTHWEST CORNER OF SAID LOT 43, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO. 4. FORMER LOTS 39 AND 43 ARE HEREBY FOREVER COMBINED TO FORM AMENDED LOT 43 DEPICTED HEREIN. 5. AMENDED LOT 43 SHALL FOREVER BE SOLD, TRANSFERRED, MORTGAGED, OR OTHERWISE ENCUMBERED ONLY AS A SINGLE UNIT. 6. ONE SINGLE FAMILY RESIDENCE SHALL BE ALLOWED ON AMENDED LOT 43. 7. THE OWNER OF AMENDED LOT 43 HEREBY RELINQUISHES THE WATER TAP AND SEWER TAP ASSOCIATED WITH AND LOCATED ON FORMER LOT 39. THE OWNER AND ITS SUCCESSORS OF AMENDED LOT 43 ACKNOWLEDGE THAT IT IS THEIR OBLIGATION TO ABANDON SAID SERVICE LINES PURSUANT TO THE DESIGN CRITERIA AND CONSTRUCTION STANDARDS DETAILED IN THE FRASER MUNICIPAL CODE IN THE EVENT THAT THE SERVICE LINES ARE DETERMINED BY THE TOWN OF FRASER TO BE LEAKING. 8. TIM SHENK LAND SURVEYING, INC. RELIED UPON TITLE COMMITMENT #D-28997, EFFECTIVE JANUARY 31, 2014, ISSUED BY GRAND COUNTY TITLE AND ESCROW COMPANY, INC. FOR RECORD INFORMATION REGARDING RIGHTS OF WAY AND EASEMENTS. SAID RIGHTS OF WAY AND EASEMENTS THAT MAY BE GRAPHICALLY SHOWN, AND ARE SITUATED WITHIN THE SUBJECT PROPERTY, ARE DEPICTED HEREIN. ADDITIONALLY, RIGHTS OF WAY AND EASEMENTS HAVING EFFECT ON THE SUBJECT PROPERTY WHICH ARE NOT GRAPHICALLY SHOWN ARE ADDRESSED BELOW IN NOTE 9. 9. (EXCEPTIONS 26 AND 29) "LOT DECLARATION RECORDED JUNE 18, 2002 AT RECEPTION NO. 2002-006200. (ENCUMBERS LOT 43)" AND "LOT DECLARATION RECORDED DECEMBER 8, 2010 AT RECEPTION NO. 2010-009719. (ENCUMBERS LOT 39)" PROVIDE FOR, IN PART, "FRONT, SIDE, AND REAR LOT EASEMENTS" AND "ACCESS EASEMENTS AND OTHER EASEMENTS". SAID EASEMENTS ARE NOT SPECIFIC IN LOCATION AND ARE SUBJECT TO CONDITIONS DESCRIBED WITHIN SAID INSTRUMENTS. 10. ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOW HEREON. STATE OF ) SS COUNTY OF ) IL: THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20- VICINITY MAP CONTACT INFORMATION BY MARY A. WELLS. SCALE: 1 " = 1000' WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC HOMEOWNERS ASSOCIATION CERTIFICATE: I, AS __________________ OF THE RENDEZVOUS COMMUNITY (NAME) (TITLE) ASSOCIATION, HEREBY ACKNOWLEDGE THAT THE RENDEZVOUS COMMUNITY ASSOCIATION HAS GRANTED APPROVAL OF THIS SUBDIVISION EXEMPTION PLAT. BY: (NAME & TITLE) CERTIFICATE FOR APPROVAL BY THE BOARD OF TRUSTEES APPROVED AND ALL PUBLIC DEDICATIONS ACCEPTED THIS ______ DAY OF ------------- 20______, BY THE FRASER TOWN BOARD. THE TOWN OF FRASER DOES NOT ASSUME ANY RESPONSIBILITY FOR THE CORRECTNESS OR ACCURACY OF THE INFORMATION DISCLOSED ON THIS PLAT NOR ANY REPRESENTATIONS OR INFORMATION PRESENTED TO THE TOWN OF FRASER WHICH INDUCED THE TOWN TO GIVE THIS CERTIFICATE. BY: -------------- PEGGY SMITH, MAYOR, TOWN OF FRASER LAND SURVEYOR'S CERTIFICATE: I, TIMOTHY R. SHENK, A DULY LICENSED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS SUBDIVISION EXEMPTION PLAT OF AMENDED LOT 43 OF EAST MOUNTAIN -FILING 1 TRULY AND CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE BY ME OR UNDER MY DIRECTION, AND THAT SAID PLAT COMPLIES WITH THE REQUIREMENTS OF TITLE 38, ARTICLE 51, COLORADO REVISED STATUTES, 1973, AND THAT THE MONUMENTS, REQUIRED BY SAID STATUTE AND THE TOWN OF FRASER SUBDIVISION EXEMPTION REGULATIONS HAVE BEEN PLACED ON THE GROUND. DATED THIS ______ DAY OF ------------- 20 TIMOTHY R. SHENK, COLORADO P.L.S. #31942 ON BEHALF OF TIM SHENK LAND SURVEYING, INC. OWNER: MICHAEL W. AND MARY A. WELLS 8750 COVENTRY RD. INDIANAPOLIS, INDIANA 46260-1737 TIM SHENK LAND SURVEYING INC. P.O. BOX 1670 GRANBY, CO 80446 (970) 887-1046 SHEET 1 OF 2: SUBDIVISION EXEMPTION PLAT AMENDED LOT 43, EAST MOUNTAIN -FILING 1 BEING A RE -PLAT OF LOTS 39 & 43, EAST MOUNTAIN -FILING 1, RECEPTION NO. 2001-002997 SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST, 6TH P.M. TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO OWNERSHIP VESTED BY WARRANTY DEEDS AT RECEPTION NO. 2002-006199 & NO. 2010-009718 DETAIL A SCALE: 1 " = 10' LEGEND -SET ALUMINUM CAPPED REBAR, PLS #31942 -FOUND PLASTIC CAPPED REBAR, PLS #22097 -FOUND PLASTIC CAPPED REBAR, ILLEGIBLE -FOUND PLASTIC CAPPED REBAR, PLS #19003 -FOUND NO. 5 REBAR SO -SEWER MANHOLE ® -UNDERGROUND GAS SIGN -TELEPHONE PEDESTAL -ELECTRIC VAULT -FIRE HYDRANT -20 0 10 20 40 SCALE: 1 " = 20' ORIGINAL GRAPHIC SCALE PRIVATE DRIVE EASEMENT FOR THE BENEFI T OF L 0 T 39 REC. #2003-006265 SHENK LAND SURVEYING P.O. GRANBY, (970 BOX 1670 CO 80446 887-1046 SHEET 2 OF 2: LOT 44 �$ h'11p Op J �t Sbol* b �. o UTILITY EASEMENT q. s o �' PER THIS PLAT 1-110. Q\ 0 �. . 11,00 10' UTILITY AND SNOW < STORAGE EASEMENT S REC. #2001-002997 1 AMENDED LOT 43 DETAIL A SCALE: 1 " = 10' LEGEND -SET ALUMINUM CAPPED REBAR, PLS #31942 -FOUND PLASTIC CAPPED REBAR, PLS #22097 -FOUND PLASTIC CAPPED REBAR, ILLEGIBLE -FOUND PLASTIC CAPPED REBAR, PLS #19003 -FOUND NO. 5 REBAR SO -SEWER MANHOLE ® -UNDERGROUND GAS SIGN -TELEPHONE PEDESTAL -ELECTRIC VAULT -FIRE HYDRANT -20 0 10 20 40 SCALE: 1 " = 20' ORIGINAL GRAPHIC SCALE PRIVATE DRIVE EASEMENT FOR THE BENEFI T OF L 0 T 39 REC. #2003-006265 SHENK LAND SURVEYING P.O. GRANBY, (970 BOX 1670 CO 80446 887-1046 SHEET 2 OF 2: LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST The following checklist has been developed to ensure that all required aspects of a project approved for Federal funding have been addressed and a responsible party assigned for each task. After a project has been approved for Federal funding in the Statewide Transportation Improvement Program, the Colorado Department of Transportation (CDOT) Project Manager, Local Agency project manager, and CDOT Resident Engineer prepare the checklist. It becomes a part of the contractual agreement between the Local Agency and CDOT. The CDOT Agreements Unit will not process a Local Agency agreement without this completed checklist. It will be reviewed at the Final Office Review meeting to ensure that all parties remain in agreement as to who is responsible for performing individual tasks. xvi COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. STIP No. Project Code Region N H PP 0403-058 1 Review Project to ensure it is consist with STIP and amendments thereto X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION SR36607.034 19874 3 Project Location Date SH 40 Improvements- Town of Fraser 1/4/2014 Project Description Widening and signalization of SH -40 between the Town of Fraser and Town of Winter Park Local Agency Local Agency Project Manager Town of Fraser Jeff Durbin CDOT Resident Engineer CDOT Project Manager Sean Yeates Brian Killian INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters of the CDOT Local Agency Manual. The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The "X" denotes the party responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor the Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, a "#" will denote that CDOT must concur or approve. Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and procedures, will determine who will perform all other tasks that are the responsibility of CDOT. The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist. NO. DESCRIPTION OF TASK RESPONSIBLE PARTY LA CDOT TIP / STIP AND LONG-RANGE PLANS 2.1 1 Review Project to ensure it is consist with STIP and amendments thereto X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Authorize funding by phases (CDOT Form 418 - Federal -aid Program Data. Requires FHWA concurrence/involvement X PROJECT DEVELOPMENT 5.1 Prepare Design Data - CDOT Form 463 X 5.2 Prepare Local Agency/CDOT Inter -Governmental Agreement see also Chapter 3 X 5.3 Conduct Consultant Selection/Execute Consultant Agreement X 5.4 Conduct Design Scoping Review Meeting X 5.5 Conduct Public Involvement X 5.6 Conduct Field Inspection Review FIR X 5.7 Conduct Environmental Processes (may require FHWA concurrence/involvement) X 5.8 Acquire Right -of -Way (may require FHWA concurrence/involvement) X 5.9 Obtain Utility and Railroad Agreements X 5.10 Conduct Final Office Review FOR X 5.11 Justify Force Account Work by the Local Agency X 5.12 Justify Proprietary, Sole Source, or Local Agency Furnished Items X 5.13 Document Design Exceptions - CDOT Form 464 X 5.14 Prepare Plans, Specifications and Construction Cost Estimates X 5.15 Ensure Authorization of Funds for Construction X CDOT Form 1243 09/06 Pagel of 4 Previous editions are obsolete and may not be used NO. DESCRIPTION OF TASK RESPONSIBLE PARTY LA CDOT PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6.1 Set Underutilized Disadvantaged Business Enterprise (UBDE) Goals for Consultant and Construction Contracts (CDOT Region EEO/Civil Rights Specialist) X 6.2 Determine Applicability of Davis -Bacon Act This project ❑ is ® is not exempt from Davis -Bacon requirements as determined by the functional classification of the project location (Projects located on local roads and rural minor collectors may be exempt.) Sean Yeates 2/4/2014 CDOT Resident Engineer (Signature on File Date X 6.3 Set On -the -Job Training Goals. Goal is zero if total construction is less than $1 million (CDOT Region EE /Civil Rights Specialist X 6.4 Title VI Assurances X Ensure the correct Federal Wage Decision, all required Disadvantaged Business Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the Contract (CDOT Resident Engineer) X ADVERTISE, BID AND AWARD 7.1 Obtain Approval for Advertisement Period of Less Than Three Weeks X 7.2 Advertise for Bids X 7.3 Distribute "Advertisement Set" of Plans and Specifications X 7.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under X Advertisement 7.5 Oen Bids X 7.6 Process Bids for Compliance Check CDOT Form 715 - Certificate of Proposed Underutilized DBE Participation when the low bidder meets UDBE goals X Evaluate CDOT Form 718 - Underutilized DBE Good Faith Effort Documentation and determine if the Contractor has made a good faith effort when the low bidder does not meet DBE goals X Submit required documentation for CDOT award concurrence X 7.7 Concurrence from CDOT to Award X 7.8 Approve Rejection of Low Bidder X 7.9 Award Contract X 7.10 Provide "Award" and "Record" Sets of Plans and Specifications X CONSTRUCTION MANAGEMENT 8.1 Issue Notice to Proceed to the Contractor X 8.2 Project Safety X 8.3 Conduct Conferences: Pre -Construction Conference (Appendix B) X Pre -survey Construction staking Monumentation X X Partnering (Optional) X Structural Concrete Pre -Pour (Agenda is in CDOT Construction Manual) X Concrete Pavement Pre -Paving (Agenda is in CDOT Construction Manual X HMA Pre -Paving (Agenda is in CDOT Construction Manual X 8.4 Develop and distribute Public Notice of Planned Construction to media and local residents X 8.5 Supervise Construction A Professional Engineer (PE) registered in Colorado, who will be "in responsible charge of construction supervision." Kari J. McDowell Schroeder, PE, PTOE 970.623.0788 Local Agency Professional Engineer or Phone number CDOT Resident Engineer X CDOT Form 1243 09/06 Page2 of 4 Previous editions are obsolete and may not be used CDOT Form 1243 09/06 Page3 of 4 Previous editions are obsolete and may not be used RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT Provide competent, experienced staff who will ensure the Contract work is constructed in accordance with the plans andspecifications X Construction inspection and documentation X 8.6 Approve Shop Drawin s X 8.7 Perform Traffic Control Inspections X 8.8 Perform Construction Surveying X 8.9 Monument Right -of -Way X 8.10 Prepare and Approve Interim and Final Contractor Pay Estimates X Provide the name and phone number of the person authorized for this task. Jeff Durbin 970-726-5491 X202 Local Agency Representative Phone number 8.11 Prepare and Approve Interim and Final Utility and Railroad Billings X 8.12 Prepare Local Agency Reimbursement Requests X 8.13 Prepare and Authorize Change Orders X 8.14 Approve All Change Orders X 8.15 Monitor Project Financial Status X 8.16 Prepare and Submit Monthly Progress Reports X 8.17 Resolve Contractor Claims and Disputes X 8.18 Conduct Routine and Random Project Reviews Provide the name and phone number of the person responsible for this task. X Sean Yeates 970-683-6276 CDOT Resident Engineer Phone number MATERIALS 9.1 Conduct Materials Pre -Construction Meeting X 9.2 Complete CDOT Form 250 - Materials Documentation Record Generate form, which includes determining the minimum number of required tests and X applicable material submittals for all materials placed on the project Update the form as work progresses X Complete and distribute form after work is completed X 9.3 Perform Project Acceptance Samples and Tests X 9.4 Perform Laboratory Verification Tests X 9.5 Accept Manufactured Products X Inspection of structural components: Fabrication of structural steel and pre -stressed concrete structural components X Bridge modular expansion devices (0" to 6" or greater) X Fabrication of bearing devices X 9.6 Approve Sources of Materials X 9.7 Independent Assurance Testing (IAT), Local Agency Procedures ❑ CDOT Procedures Generate IAT schedule X Schedule and provide notification X Conduct IAT X 9.8 Approve mix designs Concrete X Hot mix asphalt X 9.9 Check Final Materials Documentation X 9.10 Complete and Distribute Final Materials Documentation X CDOT Form 1243 09/06 Page3 of 4 Previous editions are obsolete and may not be used CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10.1 Fulfill Project Bulletin Board and Pre -Construction Packet Requirements X 10.2 Process CDOT Form 205 - Sublet Permit Application Review and sign completed CDOT Form 205 for each subcontractor, and submit to EEO/Civil Rights Specialist X 10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee Interviews. Complete CDOT Form 280 X 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the "Commercially Useful Function" Requirements X 10.5 Conduct Interviews When Project Utilizes On -the -Job Trainees. Complete CDOT Form 200 - OJT Training Questionnaire X 10.6 Check Certified Payrolls Contact the Region EEO/Civil Rights Specialists for training requirements.) X 10.7 Submit FHWA Form 1391 - Highway Construction Contractor's Annual EEO Report X FINALS 11.1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final Acceptance Report (Resident Engineer with mandatory Local Agency participation.) X 11.2 Write Final Project Acceptance Letter X 11.3 Advertise for Final Settlement X 11.4 Prepare and Distribute Final As -Constructed Plans X 11.5 Prepare EEO Certification X 11.6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit Final Certifications X 11.7 Check Material Documentation and Accept Final Material Certification See Chapter 9 X 11.8 Obtain CDOT Form 17 from the Contractor and Submit to the Resident Engineer X 11.9 Obtain FHWA Form 47 - Statement of Materials and Labor Used ... from the Contractor N/A 11.10 Complete and Submit CDOT Form 1212 — Final Acceptance Report (by CDOT X 11.11 Process Final Payment X 11.12 Complete and Submit CDOT Form 950 - Project Closure X 11.13 Retain Project Records for Six Years from Date of Project Closure X 11.14 Retain Final Version of Local Agency Contract Administration Checklist X cc: CDOT Resident Engineer/Project Manager CDOT Region Program Engineer CDOT Region EEO/Civil Rights Specialist CDOT Region Materials Engineer CDOT Contracts and Market Analysis Branch Local Agency Project Manager CDOT Form 1243 09/06 Page4 of 4 Previous editions are obsolete and may not be used 28. EXHIBIT A — SCOPE OF WORK This project will mitigate significant traffic safety and congestion problems on a half mile segment of Fraser's US 40 corridor. This project would add capacity and intersection improvements from MP 228.2 to MP 228.9. The project would adjoin Winter Park's recent US 40 North Portal Improvements project. Currently US 40 highway segment transitions from four travel lanes in Winter Park to two travel lanes in Fraser. The scope of the RAMP project would add highway capacity by widening US 40 from two travel lanes to four travel lanes. It would also incorporate intersection and signal installation improvements at the First Street and Rendezvous Road intersections. The new traffic signal system will be coordinated and timed with the King's Crossing signal in Winter Park. The intersection improvements would have associated auxiliary turn lanes per the State Highway Access Code requirements. The Town of Fraser will contribute 35% of the estimated cost to the CDOT RAMP funds and CDOT will account for the remaining 65% to ensure there is enough money to construct the project per plans and specifications. The CDOT 65% RAMP funding is estimated to be $1,394,458 and the 35% contribution from the Town is estimated to be $750,862 for a total project cost of $2,145,320. The Town's 35% contribution to the project may be used prior to the Intergovernmental Agreement execution date for professional design services and/or pre ordering equipment approved by CDOT. This project will be constructed and designed in accordance with CDOT standards and regulations THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 1 of 1 29. EXHIBIT B — LOCAL AGENCY RESOLUTION LOCAL AGENCY ORDINANCE or RESOLUTION Page 1 of 1 EXHIBIT C — FUNDING PROVISIONS A. Cost of Work Estimate NHPP 0403-058 19874 RAMP Tracking # 3-31 The Local Agency has estimated the total cost the Work to be $1,394,458.00 which is to be funded as follows: 1 BUDGETED FUNDS a. Federal Funds (FY 15) $1,115,566.40 Total Federal Funds (80.00% of Participating Cost) $1,115,566.40 b. State Contribution (FY 15) $278,891.60 Total State Contribution (20.00% of Participating Cost) $278,891.60 c. Local Agency Contribution (FY 15) $0.00 Total Local Contribution (0.00% of Participating Costs) $0.00 TOTAL BUDGETED FUNDS $1,394,458.00 2 ESTIMATED CDOT-INCURRED COSTS a. Federal Share $0.00 b. Local Agency $0.00 TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (1a) $1,115,566.40 b. State Funds Budgeted (1 b) $278,891.60 b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $1,394,458.00 FOR CDOT ENCUMBRANCE PURPOSES Total Encumbrance Amount $1,394,458.00 Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: $1,394,458.00 WBS Element 19874.20.10 Const 3301 $0.00 Page 1 of 2 B. Matching Funds The matching ratio for the federal participating funds for this Work is 80.00% federal -aid funds (CFDA #20.205) to 20.00% State Contribution, it being understood that such ratio applies only to the $1,394,458.00 that is eligible for Federal participation, it being further understood that all non -participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $1,394,458.00, and additional Federal funds are made available for the Work, the Local Agency shall pay 20% of all such costs eligible for Federal participation and 100% of all non -participating costs; if additional Federal funds are not made available, the Local Agency shall pay all such excess costs. At any time during the Project, any cost savings, regardless of who is administrating the Project, or when the cost savings occurs, may be prorated as determined by CDOT. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $1,394,458.00 (For CDOT accounting purposes, the Federal funds of $1,115,566.40 and the State Contribution of $278,891.60 for a total encumbrance of $1,394,458.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. *** Note - $0.00 is currently available. Design and/or Construction Funds will be added when they become available by either by Option Letter or Amendment *** It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. Should the project receive a construction bid less than the estimated construction amount, the Local Agency Contribution may be lowered proportionally as determined by CDOT. D. Single Audit Act Amendment All state and local government and non-profit organizations receiving more than $500,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of OMB Circular A-133 (Audits of States, Local Governments and Non -Profit Organizations) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to Sub -The Local Agency receiving federal funds are as follows: L Expenditure less than $500,000 If Sub -The Local Agency 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. ii. Expenditure exceeding than $500,000 -Highway Funds Only If Sub -The Local Agency 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. iii. Expenditure exceeding than $500,000 -Multiple Funding Sources If Sub -The Local Agency 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. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Page 1 of 2 30. EXHIBIT D — OPTION LETTER SAMPLE IGA OPTION LETTER (This option has been created by the Office of the State Controller for CDOT use only) NOTE: This option is limited to the specific contract scenarios listed below AND may be used in place of exercising a formal amendment. Date: State Fiscal Year: Option Letter No. Option Letter CMS Routing # Option Letter SAP # Original Contract CMS # Original Contract SAP # Vendor name: SUBJECT: A. Option to unilaterally authorize the Local Agency to begin a phase which may include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads) and to update encumbrance amounts(a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). B. Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). C. Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). REQUIRED PROVISIONS: Option A (Insert the following language for use with the Option A): In accordance with the terms of the original Agreement (insert CMS routing # of the original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to authorize the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply — Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to encumber previously budgeted funds for the phase based upon changes in funding availability and authorization. The encumbrance for (Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous)is (insert dollars here). A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for this option for Exhibit C shall be labled as follows: C-2, C-3, C-4, etc.). Option B (Insert the following language for use with Option 8): In accordance with the terms of the original Agreement (insert CMS # of the original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when using this option: future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.; and no more than 24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be Page 1 of 2 made using an formal amendment).. Option C (Insert the following language for use with Option C): In accordance with the terms of the original Agreement (insert CMS routing # of original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to 1) release the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply— Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous); 2) to encumber funds for the phase based upon changes in funding availability and authorization; and 3) to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when using this option: future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C- 4, etc.; and no more than 24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be made using an formal amendment). (The following language must be included on ALL options): The total encumberance as a result of this option and all previous options and/or amendments is now (insert total encumberance amount), as referenced in Exhibit (C-1, C-2, etc., as appropriate). The total budgeted funds to satisfy services/goods ordered under the Agreement remains the same: (indicate total budgeted funds) as referenced in Exhibit (C-1, C-2, etc., as appropriate) of the original Agreement. The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS: State of Colorado: John W. Hickenlooper, Governor By: Date: Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Agreement 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 the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. M Date: Form Updated: December 19, 2012 Page 1 of 2 State Controller Robert Jaros, CPA, MBA, JD 31. EXHIBIT E — LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Page 1 of 1 32. EXHIBIT F — CERTIFICATION FOR FEDERAL -AID CONTRACTS The Local Agency certifies, by signing this Agreement, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, Agreement, loan, or cooperative agreement. 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 of Congress, or an employee of a Member of Congress in connection with this Federal contract, Agreement, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 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. The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. Required by 23 CFR 635.112 Page 1 of 1 33. EXHIBIT G — DISADVANTAGED BUSINESS ENTERPRISE SECTION 1. Policy. It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 26. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obligation. The recipient or its the Local Agency agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts. SECTION 3 DBE Program. The Local Agency (sub -recipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available from and will be mailed to the Local Agency upon request: Business Programs Office Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver, Colorado 80222-3400 Phone: (303) 757-9234 revised 1/22/98 Page 1 of 1 Required by 49 CFR Part 26 34. EXHIBIT H — LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL -AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172.1 states "The policies and procedures involve federally funded contracts for engineering and design related services for projects subject to the provisions of 23 U.S.C. 112(a) and are issued to ensure that a qualified consultant is obtained through an equitable selection process, that prescribed work is properly accomplished in a timely manner, and at fair and reasonable cost" and according to 23 CFR 172.5 "Price shall not be used as a factor in the analysis and selection phase." Therefore, local agencies must comply with these CFR requirements when obtaining professional consultant services under a federally funded consultant contract administered by CDOT. CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172]. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short -hand guide to CDOT procedures that a local agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are: 1. The contracting local agency shall document the need for obtaining professional services 2. Prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4. The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal of 10% for Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. 5. The analysis and selection of the consultants shall be done in accordance with CRS §24-30- 1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre -qualified prime consultants and their team. It also shows which criteria are used to short- list and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the Work, c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Page 1 of 2 Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority consultants. 6. Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre -negotiation audits are prepared for contracts expected to be greater than $50,000. Federal reimbursements for costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six to 15 percent of the total direct and indirect costs. 7. A qualified local agency employee shall be responsible and in charge of the Work to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. At the end of Work, the local agency prepares a performance evaluation (a CDOT form is available) on the consultant. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be kept at least three years after the case has been settled. CRS §§24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.D. 400.1, provide additional details for complying with the preceeding eight (8) steps. Page 2 of 2 35. EXHIBIT I — FEDERAL -AID CONTRACT PROVISIONS REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS General Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Govemmentwide Suspension and Debarment Requirements A. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Matenals Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Foran FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Foran FHWA-1273 in bid proposal or request for proposal documents, however, the Foran FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding, of progress payments, withholding of final payment, termination of the contract, suspension ! debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 GFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards forthe contractor's project activities under Page 1 of 12 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractorwill work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractorwill accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractorwill include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractorwill identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractorwill encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5, Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractorwill periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractorwill inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are Page 2 of 12 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade orjob classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be. superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor wi I I use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractors association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union Will be contractually bound to refer applicants without regard to their race, color, religion; sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified andlor qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants/ Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractorshall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration ofthis contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations underthis contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractorfor all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor Page 3 of 12 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the and of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5"Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. f. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less. often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof; regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH -1 321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor= only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated forfnnge benefits where appropriate), a report of the action taken shall be sent by the contracting officerto the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or Page 4 of 12 will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1 ) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available forthis purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following'. (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under§5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. Page 5 of 12 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, orthe Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records orto make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. Page 6 of 12 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions ofthis contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, orthe employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4) of this section. Page 7 of 12 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2)the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: Page 8 of 12 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal orthe execution of this contract, or subcontract, as appropriate, the bidder, proposer Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows, 1. That any person who is orwill be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval orthat is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier 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 first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httosHwww.eols.aov1), which is compiled by the General Services Administration. Page 9 of 12 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (ax2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant teams that its certification was erroneous by reason of changed circumstances. J. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httosa/www.enls.aov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Page 10 of 12 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal 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. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. 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 Federal agency, a Member of Congress, 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. b. 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 Federal 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 Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. 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 31 U.S.C. 1352. 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. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Page 11 of 12 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. Forthe reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractors permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1 c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Page 12 of 12 EXHIBIT J — FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: A. Uniform Administrative Requirements for Agreements and Cooperative Agreements to State and Local Governments (Common Rule) The "Uniform Administrative Requirements for Agreements 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: the Local Agency/Contractor shall follow applicable procurement procedures, as required by section 18.36(d); the Local Agency/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; the Local Agency/Contractor shall comply with section 18.37 concerning any sub -Agreements; to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other authorized representative, shall also submit a letter to CDOT certifying Local Agency/Contractor compliance with section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37 sub -Agreement procedures, as applicable; the Local Agency/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. B. Executive Order 11246 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 the Local Agencys and their contractors or the Local Agencys). C. Copeland "Anti -Kickback" Act The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and sub -Agreements for construction or repair). D. Davis -Bacon Act 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 the Local Agencys and the Local Agencys when required by Federal Agreement 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). E. Contract Work Hours and Safety Standards Act 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 the Local Agency's in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). F. Clear Air Act 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 sub -Agreements of amounts in excess of $100,000). G. Energy Policy and Conservation Act 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). H. OMB Circulars Page 1 of 3 Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable. I. Hatch Act 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. J. Nondiscrimination 42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part 80 et. seq. 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. K. ADA 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. L. Uniform Relocation Assistance and Real Property Acquisition Policies Act 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 the Agreement). M. Drug -Free Workplace Act The Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seg.). N. Age Discrimination Act of 1975 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. O. 23 C.F.R. Part 172 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts". P. 23 C.F.R Part 633 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal -Aid Construction Contracts". Q. 23 C.F.R. Part 635 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions". R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 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. S. 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: i. 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 Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. ii. 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 Page 2 of 3 procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. iii. Solicitations for Subcontracts, Including Procurement of Materials and Equipment 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 Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. iv. 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. V. Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Agreement, 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. T. Incorporation of Provisions §22 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. Page 3 of 3 36. EXHIBIT K — SUPPLEMENTAL FEDERAL PROVISIONS State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended Revised as of 3-20-13 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 Entities. Award does not include: 1.1.12. Technical assistance, which provides services in lieu of money; 1.1.13. A transfer of title to Federally -owned property provided in lieu of money; even if the award is called a grant; 1.1.14. Any award classified for security purposes; or 1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5). 1.2. "Contract" means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above. 1.3. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.4. "Data Universal Numbering System (DUNS) Number" means the nine -digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may be found at: http://fedgov.dnb.com/webform. 1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart C; 1.5.1. A governmental organization, which is a State, local government, or Indian Tribe; 1.5.2. A foreign public entity; 1.5.3. A domestic or foreign non-profit organization; Page 1 of 4 1.5.4. A domestic or foreign for-profit organization; and 1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non -Federal entity. 1.6. "Executive" means an officer, managing partner or any other employee in a management position. 1.7. "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the "Transparency Act." 1.9. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award. 1.10. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.11. "Subrecipient" means a non -Federal Entity (or a Federal agency under an Award or Subaward to a non -Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term "Subrecipient" includes and may be referred to as Subgrantee. 1.12. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -digit Data Universal Numbering System (DUNS) number that appears in the subrecipient's System for Award Management (SAM) profile, if applicable. 1.13. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.14. "System for Award Management (SAM)" means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. 1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following: 1.15.1. Salary and bonus; 1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.15.3. Earnings for services under non -equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4. Change in present value of defined benefit and actuarial pension plans; 1.15.5. Above -market earnings on deferred compensation which is not tax -qualified; 1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA. 1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and Page 2 of 4 is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements. 3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor's information. 4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and 4.2. In the preceding fiscal year, Contractor received: 4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or 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 SAM and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm. 6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de -obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below. Page 3 of 4 7.1 ToSAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; 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 SAM. 7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 8. Exemptions. 8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3 Effective October 1, 2010, "Award" currently means a grant, cooperative agreement, or other arrangement as defined in Section 1.1 of these Special Provisions. On future dates "Award" may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act. 8.4 There are no Transparency Act reporting requirements for Vendors. 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. Page 4 of 4 (FMLAWRK) Rev. 7/8/09 Project: US40 Improvements NHPP 0403-058 (19874) Routing #: 14-HA3-XC-00188 Region: 3 (JG) SAP ID #: 331001118 STATE OF COLORADO Department of Transportation Agreement with TOWN OF FRASER 28. TABLE OF CONTENTS - SCOPE OF WORK 1. PARTIES.................................................................................................................................................2 - LOCAL AGENCY RESOLUTION 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY....................................................................2 - FUNDING PROVISIONS 3. RECITALS..............................................................................................................................................2 - OPTION LETTER 4. DEFINITIONS........................................................................................................................................2 - LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST 5. TERM AND EARLY TERMINATION..................................................................................................3 - CERTIFICATION FOR FEDERAL -AID CONTRACTS 6. SCOPE OF WORK.................................................................................................................................3 - DISADVANTAGED BUSINESS ENTERPRISE 7. OPTION LETTER MODIFICATION.....................................................................................................7 - LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES 8. PAYMENTS............................................................................................................................................7 FEDERAL -AID CONTRACT 9. ACCOUNTING.......................................................................................................................................9 FEDERAL REQUIREMENTS 10. REPORTING - NOTIFICATION...........................................................................................................9 SUPPLEMENTAL FEDERAL PROVISIONS 11. LOCAL AGENCY RECORDS.............................................................................................................10 12. CONFIDENTIAL INFORMATION -STATE RECORDS....................................................................10 13. CONFLICT OF INTEREST..................................................................................................................11 14. REPRESENTATIONS AND WARRANTIES......................................................................................11 15. INSURANCE........................................................................................................................................12 16. DEFAULT-BREACH...........................................................................................................................13 17. REMEDIES...........................................................................................................................................13 18. NOTICES and REPRESENTATIVES..................................................................................................15 19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE.............................................15 20. GOVERNMENTAL IMMUNITY........................................................................................................15 21. STATEWIDE CONTRACT MANAGEMENT SYSTEM....................................................................16 22. FEDERAL REQUIREMENTS.............................................................................................................16 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE).....................................................................16 24. DISPUTES............................................................................................................................................16 25. GENERAL PROVISIONS....................................................................................................................17 26. COLORADO SPECIAL PROVISIONS...............................................................................................19 27. SIGNATURE PAGE.............................................................................................................................21 28. EXHIBIT A - SCOPE OF WORK 29. EXHIBIT B - LOCAL AGENCY RESOLUTION 30. EXHIBIT C - FUNDING PROVISIONS 31. EXHIBIT D - OPTION LETTER 32. EXHIBIT E - LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST 33. EXHIBIT F - CERTIFICATION FOR FEDERAL -AID CONTRACTS 34. EXHIBIT G - DISADVANTAGED BUSINESS ENTERPRISE 35. EXHIBIT H - LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES 36. EXHIBIT I - FEDERAL -AID CONTRACT 37. EXHIBIT J - FEDERAL REQUIREMENTS 38. EXHIBIT K- SUPPLEMENTAL FEDERAL PROVISIONS 1. PARTIES THIS AGREEMENT is entered into by and between TOWN OF FRASER (hereinafter called the "Local Agency"), and the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the "State" or "CDOT"). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or their designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse the Local Agency 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 exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment and the required approval, clearance and coordination have been accomplished from and with appropriate agencies. i. Federal Authority Pursuant to Title I, Subtitle A, Section 1108 of the "Transportation Equity Act for the 21 st Century" of 1998 (TEA -21) and/or the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA-LU) of 2005 and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the "Federal Provisions"), certain federal funds have been and are expected to continue to be allocated for transportation projects requested by the Local Agency and eligible under the Surface Transportation Improvement Program that has been proposed by the State and approved by the Federal Highway Administration ("FHWA"). ii. State Authority Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible for the general administration and supervision of performance of projects in the Program, including the administration of federal funds for a Program project performed by a Local Agency under a contract with the State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-104.5. 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 Agreement. C. Purpose The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT's Stewardship Agreement with the FHWA. D. References All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Agreement or Contract "Agreement" or "Contract" means this Agreement, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Agreement, and any future modifying agreements, exhibits, attachments or references that are incorporated pursuant to Colorado State Fiscal Rules and Policies. B. Agreement Funds "Agreement Funds" means funds payable by the State to Local Agency pursuant to this Agreement. C. Budget "Budget" means the budget for the Work described in Exhibit C. Document Builder Generated Page 2 of 21 D. Consultant and Contractor "Consultant" means a professional engineer or designer hired by Local Agency to design the Work and "Contractor" means the general construction contractor hired by Local Agency to construct the Work. E Evaluation "Evaluation" means the process of examining the Local Agency's Work and rating it based on criteria established in §6 and Exhibits A and E. F. Exhibits and Other Attachments The following exhibit(s) are attached hereto and incorporated by reference herein: Exhibit A (Scope of Work), Exhibit B (Resolution), Exhibit C (Funding Provisions), Exhibit D (Option Letter), Exhibit E (Checklist), Exhibit F (Certification for Federal -Aid Funds), Exhibit G (Disadvantaged Business Enterprise), Exhibit H (Local Agency Procedures), Exhibit I (Federal -Aid Contract Provisions), Exhibit J (Federal Requirements) and Exhibit K (Supplemental Federal Provisions). G. Goods "Goods" means tangible material acquired, produced, or delivered by the Local Agency either separately or in conjunction with the Services the Local Agency renders hereunder. H. Oversight "Oversight" means the term as it is defined in the Stewardship Agreement between CDOT and the Federal Highway Administration ("FHWA") and as it is defined in the Local Agency Manual. I. Party or Parties "Party" means the State or the Local Agency and "Parties" means both the State and the Local Agency J. Work Budget Work Budget means the budget described in Exhibit C. K. Services "Services" means the required services to be performed by the Local Agency pursuant to this Contract. L. Work "Work" means the tasks and activities the Local Agency is required to perform to fulfill its obligations under this Contract and Exhibits A and E, including the performance of the Services and delivery of the Goods. M. Work Product "Work Product" means the tangible or intangible results of the Local Agency'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 AND EARLY TERMINATION The Parties' respective performances under this Agreement shall commence on the Effective Date. This Agreement shall terminate after five (5) years of state controllers signature in section 27, unless sooner terminated or completed as demonstrated by final payment and final audit. 6. SCOPE OF WORK A. Completion The Local Agency shall complete the Work and other obligations as described herein in Exhibit A. Work performed prior to the Effective Date or after final acceptance shall not be considered part of the Work. B. Goods and Services The Local Agency shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Contract Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed hereunder by the Local Agency, or any Consultants or Contractors shall be considered the Local Agency's, Consultants', or Contractors' employee(s) for all purposes and shall not be employees of the State for any purpose. D. State and Local Agency Commitments i. Design Document Builder Generated Page 3 of 21 If the Work includes preliminary design or final design or design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the Local Agency shall comply with and be responsible for satisfying the following requirements: a) Perform or provide the Plans to the extent required by the nature of the Work. b) Prepare final design in accordance with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by the State. c) Prepare provisions and estimates in accordance with the most current version of the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by the State. d) Include details of any required detours in the Plans in order to prevent any interference of the construction Work and to protect the traveling public. e) Stamp the Plans produced by a Colorado Registered Professional Engineer. D Provide final assembly of Plans and all other necessary documents. g) Be responsible for the Plans' accuracy and completeness. h) Make no further changes in the Plans following the award of the construction contract to contractor unless agreed to in writing by the Parties. The Plans shall be considered final when approved in writing by CDOT and when final they shall be incorporated herein. ii. Local Agency Work a) Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects". b) Local Agency shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHWA requirements. c) Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans and/or of construction administration. Provided, however, if federal -aid funds are involved in the cost of such Work to be done by such Consultant, such Consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R. Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit H. If the Local Agency enters into a contract with a Consultant for the Work: (1) Local Agency shall submit a certification that procurement of any Consultant contract complies with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract, subject to the State's approval. If not approved by the State, the Local Agency shall not enter into such Consultant contract. (2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by the State and FHWA and that they are in writing. Immediately after the Consultant contract has been awarded, one copy of the executed Consultant contract and any amendments shall be submitted to the State. (3) Local Agency shall require that all billings under the Consultant contract comply with the State's standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. (4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the CDOT procedures described in Exhibit H to administer the Consultant contract. (5) Local Agency may expedite any CDOT approval of its procurement process and/or Consultant contract by submitting a letter to CDOT from the Local Agency's attorney/authorized representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d). (6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: (a) The design work under this Agreement shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third -party beneficiary of this agreement for that purpose. Document Builder Generated Page 4 of 21 (b) Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project. (c) The consultant shall review the Construction Contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction, in connection with this work. (d) The State, in its sole discretion, may review construction plans, special provisions and estimates and may require the Local Agency to make such changes therein as the State determines necessary to comply with State and FHWA requirements. iii. Construction If the Work includes construction, the Local Agency shall perform the construction in accordance with the approved design plans and/or administer the construction in accordance with Exhibit E. Such administration shall include Work inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing Construction Contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. a) If the Local Agency is performing the Work, the State may, after providing written notice of the reason for the suspension to the Local Agency, suspend the Work, wholly or in part, due to the failure of the Local Agency or its Contractor to correct conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. b) The Local Agency shall be responsible for the following: (1) Appointing a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall administer the Work in accordance with this Agreement, the requirements of the construction contract and applicable State procedures. (2) For the construction of the Work, advertising the call for bids upon approval by the State and awarding the construction contract(s) to the low responsible bidder(s). (a) All advertising and bid awards, pursuant to this agreement, by the Local Agency shall comply with applicable requirements of 23 U.S.C. § 112 and 23 C.F.R. Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the Local Agency and its Contractor shall incorporate Form 1273 (Exhibit I) in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 C.F.R. 633.102(e). (b) The Local Agency may accept or reject the proposal of the apparent low bidder for Work on which competitive bids have been received. The Local Agency must accept or reject such bid within fourteen (14) working days after they are publicly opened. (c) As part of accepting bid awards, the Local Agency shall provide additional funds, subject to their availability and appropriation, necessary to complete the Work if no additional federal -aid funds are available. (3) The requirements of this §6(1))(iii)(c)(2) also apply to any advertising and awards made by the State. (4) If all or part of the Work is to be accomplished by the Local Agency's personnel (i.e. by force account) rather than by a competitive bidding process, the Local Agency shall perform such work in accordance with pertinent State specifications and requirements of 23 C.F.R. 635, Subpart B, Force Account Construction. (a) Such Work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHWA in advance of the Work, as provided for in 23 C.R.F. 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. Document Builder Generated Page 5 of 21 (b) An alternative to the preceding subsection is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 C.F.R. Part 31. (c) If the State provides matching funds under this Agreement, rental rates for publicly owned equipment shall be determined in accordance with the State's Standard Specifications for Road and Bridge Construction § 109.04. (d) All Work being paid under force account shall have prior approval of the State and/or FHWA and shall not be initiated until the State has issued a written notice to proceed. E. State's Commitments a) The State will perform a final project inspection of the Work as a quality control/assurance activity. When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212. b) Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable or responsible in any manner for the structural design, details or construction of any major structures designed by, or that are the responsibility of, the Local Agency as identified in the Local Agency Contract Administration Checklist, Exhibit E. F. ROW and Acquisition/Relocation a) If the Local Agency purchases a right of way for a State highway, including areas of influence, the Local Agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains title. b) Any acquisition/relocation activities shall comply with all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 C.F.R. Part 24), CDOT's Right of Way Manual, and CDOT's Policy and Procedural Directives. c) The Parties' respective compliance responsibilities depend on the level of federal participation; provided however, that the State always retains Oversight responsibilities. d) The Parties' respective responsibilities under each level in CDOT's Right of Way Manual (located at http://www.dot.state.co.us/ROW_Manuali) and reimbursement for the levels will be under the following categories: (1) Right of way acquisition (3111) for federal participation and non -participation; (2) Relocation activities, if applicable (3109); (3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of way — 3114). G. Utilities If necessary, the Local Agency shall be responsible for obtaining the proper clearance or approval from any utility company which may become involved in the Work. Prior to the Work being advertised for bids, the Local Agency shall certify in writing to the State that all such clearances have been obtained. a) Railroads If the Work involves modification of a railroad company's facilities and such modification will be accomplished by the railroad company, the Local Agency shall make timely application to the Public Utilities commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Local Agency shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 C.F.R. 646, subpart B, concerning federal -aid projects involving railroad facilities and: b) Execute an agreement setting out what work is to be accomplished and the location(s) thereof, and which costs shall be eligible for federal participation. c) Obtain the railroad's detailed estimate of the cost of the Work. d) Establish future maintenance responsibilities for the proposed installation. e) Proscribe future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. f) Establish future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Document Builder Generated Page 6 of 21 H. Environmental Obligations The Local Agency shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. I. Maintenance Obligations The State shall maintain and operate the Work constructed under this Agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA.. 7. OPTION LETTER MODIFICATION An option letter may be used to add a phase without increasing total budgeted funds, increase or decrease the encumberance amount as shown on Exhibit C, and/or tranfer funds from one phase to another. Option letter modification is limited to the specific scenarios listed below. The option letter shall not be deemed valid until signed by the State Controller or an authorized delegate. A. Option to add a phase and/or increase or decrease the total encumbrance amount. The State may require the Local Agency to begin a phase that may include Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original Agreement, with the total budgeted funds remaining the same. The State may simultaneously increase and/or decrease the total encumbrance amount by replacing the original funding exhibit (Exhibit C) in the original Agreement with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc). The State may exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the State exercises this option, the Agreement will be considered to include this option provision. B. Option to transfer funds from one phase to another phase. The State may require or permit the Local Agency to transfer funds from one phase (Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another as a result of changes to state, federal, and local match. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labled C-2, C-3, etc.) and attached to the option letter. The funds transferred from one phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. Any transfer of funds from one phase to another is limited to an aggregate maximum of 24.99% of the original dollar amount of either phase affected by a transfer. A bilateral amendment is required for any transfer exceeding 24.99% of the original dollar amount of the phase affected by the increase or decrease. C. Option to do both Options A and B. The State may require the Local Agency to add a phase as detailed in Exhibit A, and encumber and transfer funds from one phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached to the option letter. The addition of a phase and encumbrance and transfer of funds are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. 8. PAYMENTS The State shall, in accordance with the provisions of this §8, pay the Local Agency in the amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable is set forth in Exhibit C as determined by the State from available funds. Payments to the Local Agency are limited to the unpaid encumbered balance of the Contract set forth in Document Builder Generated Page 7 of 21 Exhibit C. The Local Agency shall provide its match share of the costs, if any, as evidenced by an appropriate ordinance/resolution or other authority letter which expressly authorizes the Local Agency the authority to enter into this Agreement and to expend its match share of the Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit B. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Contract or in Exhibit C shall comply with State Fiscal Rules and be made in accordance with the provisions of this Contract or such Exhibit. The Local Agency shall initiate any payment requests by submitting invoices to the State in the form and manner, 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 the Local Agency previously accepted by the State. Uncontested amounts not paid by the State within 45 days shall 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. The Local Agency shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of days interest to be paid and the interest rate. iii. Available Funds -Contingency -Termination The State is prohibited by law from making commitments beyond the term of the State's current fiscal year. Therefore, the Local Agency's compensation beyond the State's current Fiscal Year is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions. The State's performance hereunder is also contingent upon the continuing availability of federal funds. Payments pursuant to this Contract shall be made only from available funds encumbered for this Contract 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 Contract, the State may terminate this Contract immediately, in whole or in part, without further liability in accordance with the provisions hereof. iv. Erroneous Payments At the State's sole discretion, payments made to the Local Agency in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by the Local Agency, may be recovered from the Local Agency by deduction from subsequent payments under this Contract or other contracts, Agreements or agreements between the State and the Local Agency or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any party other than the State. C. Use of Funds Contract Funds shall be used only for eligible costs identified herein. D. Matching Funds The Local Agency shall provide matching funds as provided in §8.A. and Exhibit C. The Local Agency shall have raised the full amount of matching funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. The Local Agency's obligation to pay all or any part of any matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of the Local Agency and paid into the Local Agency's treasury. The Local Agency represents to the State that the amount designated "Local Agency Matching Funds" in Exhibit C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid into its treasury. The Local Agency does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple -fiscal year debt of the Local Agency. The Local Agency shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by the Local Agency's laws or policies. E. Reimbursement of Local Agency Costs The State shall reimburse the Local Agency's allowable costs, not exceeding the maximum total amount described in Exhibit C and §8. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 Document Builder Generated Page 8 of 21 C.F.R. 18.22 shall govern the State's obligation to reimburse all costs incurred by the Local Agency and submitted to the State for reimubursement hereunder, and the Local Agency shall comply with all such principles. The State shall reimburse the Local Agency for the federal -aid share of properly documented costs related to the Work after review and approval thereof, subject to the provisions of this Agreement and Exhibit C. However, any costs incurred by the Local Agency prior to the date of FHWA authorization for the Work and prior to the Effective Date shall not be reimbursed absent specific FHWA and State Controller approval thereof. Costs shall be: i. Reasonable and Necessary Reasonable and necessary to accomplish the Work and for the Goods and Services provided. ii. Net Cost Actual net cost to the Local Agency (i.e. the price paid minus any items of value received by the Local Agency that reduce the cost actually incurred). 9. ACCOUNTING The Local Agency shall establish and maintain accounting systems in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme). Such accounting systems shall, at a minimum, provide as follows: A. Local Agency Performing the Work If Local Agency is performing the Work, all allowable costs, including any approved services contributed by the Local Agency or others, shall be documented using payrolls, time records, invoices, contracts, vouchers, and other applicable records. B. Local Agency -Checks or Draws Checks issued or draws made by the Local Agency shall be made or drawn against properly signed vouchers detailing the purpose thereof. All checks, payrolls, invoices, contracts, vouchers, orders, and other accounting documents shall be on file in the office of the Local Agency ,clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other Work documents. C. State -Administrative Services The State may perform any necessary administrative support services required hereunder. The Local Agency shall reimburse the State for the costs of any such services from the Budget as provided for in Exhibit C. If FHWA funding is not available or is withdrawn, or if the Local Agency terminates this Agreement prior to the Work being approved or completed, then all actual incurred costs of such services and assistance provided by the State shall be the Local Agency's sole expense. D. Local Agency -Invoices The Local Agency's invoices shall describe in detail the reimbursable costs incurred by the Local Agency for which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and shall not be submitted more often than monthly. E. Invoicing Within 60 Days The State shall not be liable to reimburse the Local Agency for any costs unless CDOT receives such invoices within 60 days after the date for which payment is requested, including final invoicing. Final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency, or the State may offset them against any payments due from the State to the Local Agency. F. Reimbursement of State Costs. Reserved. 10. REPORTING -NOTIFICATION Reports, Evaluations, and Reviews required under this §10 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §18, if applicable. A. Performance, Progress, Personnel, and Funds The Local Agency shall submit a report to the State upon expiration or sooner termination of this Agreement, containing an Evaluation and Review of the Local Agency's performance and the final status of the Local Agency's obligations hereunder. Document Builder Generated Page 9 of 21 B. Litigation Reporting Within 10 days after being served with any pleading related to this Agreement, in a legal action filed with a court or administrative agency, the Local Agency 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 or its principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT. C. Noncompliance The Local Agency's failure to provide reports and notify the State in a timely manner in accordance with this §10 may result in the delay of payment of funds and/or termination as provided under this Agreement. D. Documents Upon request by the State, the Local Agency shall provide the State, or its authorized representative, copies of all documents, including contracts and subcontracts, in its possession related to the Work. 11. LOCAL AGENCY RECORDS A. Maintenance The Local Agency 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. The Local Agency shall maintain such records until the last to occur of the following: (i) a period of three years after the date this Agreement is completed or terminated, or (ii) three years after 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 the Local Agency has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (collectively, the "Record Retention Period"). B. Inspection The Local Agency 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 the Local Agency's records related to this Agreement during the Record Retention Period to assure compliance with the terms hereof or to evaluate the Local Agency's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Agreement, including any extension. If the Work fails to conform to the requirements of this Agreement, the State may require the Local Agency promptly to bring the Work into conformity with Agreement requirements, at the Local Agency's sole expense. If the Work cannot be brought into conformance by re -performance or other corrective measures, the State may require the Local Agency to take necessary action to ensure that future performance conforms to Agreement requirements and may exercise the remedies available under this Agreement at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring The Local Agency also shall permit the State, the federal government or any other duly authorized agent of a governmental agency, in their sole discretion, to monitor all activities conducted by the Local Agency pursuant to the terms of this Agreement 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 such monitoring shall be performed in a manner that shall not unduly interfere with the Local Agency's performance hereunder. D. Final Audit Report If an audit is performed on the Local Agency's records for any fiscal year covering a portion of the term of this Agreement, the Local Agency shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 12. CONFIDENTIAL INFORMATION -STATE RECORDS The Local Agency shall comply with the provisions of this §12 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. Nothing in this §12 shall be construed to require the Local Agency to violate the Colorado Open Records Act, C.R.S. §§ 24-72-1001 et seq. Document Builder Generated Page 10 of 21 A. Confidentiality The Local Agency 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 the Local Agency shall be immediately forwarded to the State's principal representative. B. Notification The Local Agency shall notify its agents, employees 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 the Local Agency or its agents in any way, except as authorized by the Agreement and as approved by the State. The Local Agency 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 the Local Agency or its agents, except as set forth in this Agreement and approved by the State. D. Disclosure -Liability Disclosure of State records or other confidential information by the Local Agency for any reason may be cause for legal action by third parties against the Local Agency, the State or their respective agents. The Local Agency is prohibited from providing indemnification to the State pursuant to the Constitution of the State of Colorado, Article XI, Section 1, however, the Local Agency shall be responsible for 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 the Local Agency, or its employees, agents, or assignees pursuant to this §12. 13. CONFLICT OF INTEREST The Local Agency 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 the Local Agency's obligations hereunder. The Local Agency acknowledges that with respect to this Agreement even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, the Local Agency shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of the Local Agency's obligations to the State hereunder. If a conflict or appearance exists, or if the Local Agency is uncertain whether a conflict or the appearance of a conflict of interest exists, the Local Agency 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 Agreement. 14. REPRESENTATIONS AND WARRANTIES The Local Agency makes the following specific representations and warranties, each of which was relied on by the State in entering into this Agreement. A. Standard and Manner of Performance The Local Agency shall perform its obligations hereunder, including in accordance with the highest professional standard of care, skill and diligence and in the sequence and manner set forth in this Agreement. B. Legal Authority — The Local Agency and the Local Agency's Signatory The Local Agency warrants that it possesses the legal authority to enter into this Agreement 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 Agreement, or any part thereof, and to bind the Local Agency to its terms. If requested by the State, the Local Agency shall provide the State with proof of the Local Agency's authority to enter into this Agreement within 15 days of receiving such request. C. Licenses, Permits, Etc. Document Builder Generated Page 11 of 21 The Local Agency 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. The Local Agency warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Agreement, without reimbursement by the State or other adjustment in Agreement Funds. Additionally, all employees and agents of the Local Agency performing Services under this Agreement shall hold all required licenses or certifications, if any, to perform their responsibilities. The Local Agency, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non -renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for the Local Agency to properly perform the terms of this Agreement shall be deemed to be a material breach by the Local Agency and constitute grounds for termination of this Agreement. 15. INSURANCE The Local Agency and its contractors shall obtain and maintain insurance as specified in this section at all times during the term of this Agreement: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to the Local Agency and the State. A. The Local Agency i. Public Entities If the Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the "GIA"), then the Local Agency shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the GIA. The Local Agency shall show proof of such insurance satisfactory to the State, if requested by the State. The Local Agency shall require each Agreement with their Consultant and Contractor, that are providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the GIA. ii. Non -Public Entities If the Local Agency is not a "public entity" within the meaning of the Governmental Immunity Act, the Local Agency shall obtain and maintain during the term of this Agreement insurance coverage and policies meeting the same requirements set forth in §15(B) with respect to sub -contractors that are not "public entities". B. Contractors The Local Agency shall require each contract with Contractors, Subcontractors, or Consultants, other than those that are public entities, providing Goods or Services in connection with this Agreement, to include insurance requirements substantially similar to the following: i. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of the Local Agency's Contractors, Subcontractors, or Consultant's 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 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, contractors, subcontractors, and consultants shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the Local Agency a certificate or other document satisfactory to the Local Agency showing compliance with this provision. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. Document Builder Generated Page 12 of 21 iv. Additional Insured The Local Agency and the State shall be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of the Consultants or Contractors shall be primary over any insurance or self- insurance program carried by the Local Agency or the State. A. Cancellation The above insurance policies shall include provisions preventing cancellation or non -renewal without at least 45 days prior notice to the Local Agency and the State by certified mail. vii. Subrogation Waiver All insurance policies in any way related to this Agreement and secured and maintained by the Local Agency's Consultants or Contractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against the Local Agency or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates The Local Agency and all Contractors, subcontractors, or Consultants shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Agreement. No later than 15 days prior to the expiration date of any such coverage, the Local Agency and each contractor, subcontractor, or consultant shall deliver to the State or the Local Agency certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Agreement or any sub -contract, the Local Agency and each contractor, subcontractor, or consultant shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §15. 16. DEFAULT -BREACH A. Defined In addition to any breaches specified in other sections of this Agreement, 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. B Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §18. 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 §17. 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 Agreement in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 17. REMEDIES If the Local Agency is in breach under any provision of this Agreement, the State shall have all of the remedies listed in this §17 in addition to all other remedies set forth in other sections of this Agreement following the notice and cure period set forth in §16(B). 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 the Local Agency 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 Agreement and in a timely manner, the State may notify the Local Agency of such non-performance in accordance with the provisions herein. If the Local Agency thereafter fails to promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Agreement or such part of this Agreement 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. The Local Agency shall continue performance of this Agreement to the extent not terminated, if any. B. Obligations and Rights Document Builder Generated Page 13 of 21 To the extent specified in any termination notice, the Local Agency shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and sub -Agreements with third parties. However, the Local Agency 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 Agreement's terms. At the sole discretion of the State, the Local Agency shall assign to the State all of the Local Agency's right, title, and interest under such terminated orders or sub -Agreements. Upon termination, the Local Agency shall take timely, reasonable and necessary action to protect and preserve property in the possession of the Local Agency in which the State has an interest. All materials owned by the State in the possession of the Local Agency shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by the Local Agency to the State and shall become the State's property. C. Payments The State shall reimburse the Local Agency only for accepted performance received up to the date of termination. If, after termination by the State, it is determined that the Local Agency was not in default or that the Local Agency'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 Agreement had been terminated in the public interest, as described herein. D. Damages and Withholding Notwithstanding any other remedial action by the State, the Local Agency also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Agreement by the Local Agency and the State may withhold any payment to the Local Agency for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from the Local Agency is determined. The State may withhold any amount that may be due to the Local Agency 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. The Local Agency shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. E. Early Termination in the Public Interest The State is entering into this Agreement 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 Agreement ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Agreement 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 Agreement by the State for cause or breach by the Local Agency, which shall be governed by §17(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify the Local Agency of the termination in accordance with §18, specifying the effective date of the termination and whether it affects all or a portion of this Agreement. ii. Obligations and Rights Upon receipt of a termination notice, the Local Agency shall be subject to and comply with the same obligations and rights set forth in § 17(A)(i). iii. Payments If this Agreement is terminated by the State pursuant to this § 17(B), the Local Agency shall be paid an amount which bears the same ratio to the total reimbursement under this Agreement as the Services satisfactorily performed bear to the total Services covered by this Agreement, less payments previously made. Additionally, if this Agreement is less than 60% completed, the State may reimburse the Local Agency for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Agreement) incurred by the Local Agency which are directly attributable to the uncompleted portion of the Local Agency's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to the Local Agency hereunder. F. Remedies Not Involving Termination The State, its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Document Builder Generated Page 14 of 21 Suspend the Local Agency's performance with respect to all or any portion of this Agreement pending necessary corrective action as specified by the State without entitling the Local Agency to an adjustment in price/cost or performance schedule. The Local Agency shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by the Local Agency after the suspension of performance under this provision. fl. Withold Payment Withhold payment to the Local Agency until corrections in the Local Agency's performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed that due to the Local Agency'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 the Local Agency's employees, agents, or contractors whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Agreement is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If the Local Agency infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Agreement, the Local Agency shall, at the State's option (a) obtain for the State or the Local Agency the right to use such products and services; (b) replace any Goods, Services, or other product involved with non -infringing products or modify them so that they become non -infringing; or, (c) if neither of the forgegoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 18. 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. If to State: CDOT Region: 3 Brian Killian Project Manager 222 S. 6th Street, Ste 100 Grand Junction, CO 81501 970-683-6285 B. If to the Local Agency: TOWN OF FRASER Jeff Durbin Town Manager PO BOX 370 FRASER, CO 80442 970-726-5491 19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or work product of any type, including drafts, prepared by the Local Agency in the performance of its obligations under this Agreement shall be the exclusive property of the State and all Work Product shall be delivered to the State by the Local Agency upon completion or termination hereof. The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. The Local Agency shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of the Local Agencys's obligations hereunder without the prior written consent of the State. 20. GOVERNMENTAL IMMUNITY Document Builder Generated Page 15 of 21 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 Act, 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 and of the Local Agency 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. 21. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to the Local Agency under this Agreement is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §21 applies. The Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state agreements/contracts and inclusion of agreement/contract performance information in a statewide contract management system. The Local Agency's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Agreement, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of the Local Agency's performance shall be part of the normal Agreement administration process and the Local Agency's performance will be systematically recorded in the statewide Agreement 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 the Local Agency's obligations under this Agreement shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Local Agency's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Agreement term. The Local Agency 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 the Local Agency 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 the Local Agency and prohibit the Local Agency from bidding on future Agreements. The Local Agency 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 the Local Agency, by the Executive Director, upon showing of good cause. 22. FEDERAL REQUIREMENTS The Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the execution of this Agreement 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. 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) The Local Agency will comply with all requirements of Exhibit G and the Local Agency Contract Administration Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this Agreement, it must submit a copy of its program's requirements to the State for review and approval before the execution of this Agreement. If the Local Agency uses any State- approved DBE program for this Agreement, the Local Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts. State approval (if provided) of the Local Agency's DBE program does not waive or modify the sole responsibility of the Local Agency for use of its program. 24. DISPUTES Document Builder Generated Page 16 of 21 Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of this Agreement in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals shall be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 25. GENERAL PROVISIONS A. Assignment The Local Agency's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted without the prior written consent of the State. Any attempt at assignment, transfer, or subcontracting without such consent shall be void. All assignments and subcontracts approved by the Local Agency or the State are subject to all of the provisions hereof. The Local Agency shall be solely responsible for all aspects of subcontracting arrangements and performance. B. Binding Effect Except as otherwise provided in §25(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 Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Agreement may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Agreement 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 addition, deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein. F. Indemnification - General If Local Agency is not a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., the Local Agency 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 the Local Agency, or its employees, agents, subcontractors or assignees pursuant to the terms of this Agreement. This clause is not applicable to a Local Agency that is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Agreement shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Limitations of Liability Any and all limitations of liability and/or damages in favor of the Local Agency contained in any document attached to and/or incorporated by reference into this Agreement, whether referred to as an exhibit, attachment, schedule, or any other name, are void and of no effect. This includes, but is not necessarily Document Builder Generated Page 17 of 21 limited to, limitations on (i) the types of liabilities, (ii) the types of damages, (iii) the amount of damages, and (iv) the source of payment for damages. I. Modification i. By the Parties Except as specifically provided in this Agreement, modifications of this Agreement shall not be effective unless agreed to in writing by both parties in an amendment to this Agreement, 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 AGREEMENTS - TOOLS AND FORMS. ii. By Operation of Law This Agreement 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 Agreement on the effective date of such change, as if fully set forth herein J. Order of Precedence The provisions of this Agreement shall govern the relationship of the State and the Local Agency. In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions, ii. The provisions of the main body of this Agreement, iii. Exhibit A (Scope of Work), iv. Exhibit B (Local Agency Resolution), V. Exhibit C (Funding Provisions), vi. Exhibit D (Option Letter), vii. Exhibit E (Local Agency Contract Administration Checklist), viii. Other exhibits in descending order of their attachment. K. Severability Provided this Agreement 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. L. Survival of Certain Agreement Terms Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if the Local Agency fails to perform or comply as required. M. 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. The Local Agency shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing the Local Agency for them N. Third Party Beneficiaries Enforcement of this Agreement 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 Agreement are incidental to the Agreement, and do not create any rights for such third parties. O. Waiver Waiver of any breach of a term, provision, or requirement of this Agreement, 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. Document Builder Generated Page 18 of 21 26. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Agreements except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Agreement shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. The Local Agency shall perform its duties hereunder as an independent contractor and not as an employee. Neither The Local Agency nor any agent or employee of The Local Agency shall be deemed to be an agent or employee of the State. The Local Agency 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 The Local Agency or any of its agents or employees. Unemployment insurance benefits shall be available to The Local Agency and its employees and agents only if such coverage is made available by The Local Agency or a third party. The Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. The Local Agency shall not have authorization, express or implied, to bind the State to any Agreement, liability or understanding, except as expressly set forth herein. The Local Agency 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. 5. COMPLIANCE WITH LAW. The Local Agency 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. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. 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 Agreement, to the extent capable of execution. 7. 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 contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. The Local Agency hereby certifies and warrants that, during the term of this Agreement and any extensions, The Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that The Local Agency is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. Document Builder Generated Page 19 of 21 9. EMPLOYEE FINANCIAL 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 Agreement. The Local Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of The Local Agency's services and The Local Agency shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements]. Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et 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. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services]. The Local Agency certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E - Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), The Local Agency shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to The Local Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. The Local Agency (a) shall not use E -Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if The Local Agency has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (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 The Local Agency participates in the State program, The Local Agency shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that The Local Agency has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If The Local Agency fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this Agreement for breach and, if so terminated, The Local Agency shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. The Local Agency, 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 Agreement. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Document Builder Generated Page 20 of 21 27. SIGNATURE PAGE Agreement Routing Number: 14-HA3-XC-00188 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Colorado Department of Transportation Date: INTENTIONALLY LEFT BLANK Document Builder Generated Page 21 of 21 THE LOCAL AGENCY STATE OF COLORADO TOWN OF FRASER John W. Hickenlooper, GOVERNOR Colorado Department of Transportation Print: Donald E. Hunt, Executive Director Title: By: Scott McDaniel, P.E., Acting Chief Engineer Date: *Signature Date: 2nd Local Agency Signature if needed LEGAL REVIEW John W. Suthers, Attorney General Print: By: Signature - Assistant Attorney General Date: Title: *Signature Date: ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Colorado Department of Transportation Date: INTENTIONALLY LEFT BLANK Document Builder Generated Page 21 of 21 HIGHWAY 40 IMPROVEMENT PROJECT AGREEMENT 1.0 - RECITALS 1.1 This Agreement is made and entered into by and between the following parties: 1.1.1 The Town of Fraser, Colorado, a municipal corporation of the State of Colorado ("Fraser"); 1. 1.2 Rendezvous Colorado, LLC, a Colorado limited liability company ("Rendezvous"); and 1. 1.3 Grand Park Development, LLC, a Colorado limited liability company ("Grand Park"). 1.2 The above-named parties to this Agreement have cooperated in submitting and obtaining approval of an application for state and/or federal funding for certain highway improvements within the Town of Fraser, referred to as the Town of Fraser US40 Improvements (the "Project"), pursuant to the Colorado Department of Transportation ("CDOT") Responsible Acceleration of Maintenance and Partnerships ("RAMP") program. The application was submitted by Fraser in order to qualify for the Public -Public Partnership cost-sharing program available under RAMP, and in order to facilitate the construction of certain highway improvements, including signalization and other improvements to Rendezvous Road and First Street at their intersection with Highway 40 pursuant to CDOT permits issued to Fraser for those improvements. Those intersection improvements will serve the development projects of Grand Park and Rendezvous, and consequently, it is the intent of the parties that Rendezvous and Grand Park will provide most of the local funding required for the completion of the Project. The Project also includes other Highway 40 improvements to be funded through the use of state and federal funds. 1.3 Concurrent with the execution of this Agreement, Fraser is entering into an intergovernmental agreement with CDOT, in the form attached hereto as Exhibit 1, providing the detailed terms and conditions for construction of the Project and the sharing of costs relating thereto (the "CDOT IGA"). Generally, the CDOT IGA provides that 65% of overall Project costs will be funded by state and federal RAMP funds, with the remaining 35% of such costs to be funded by Local Agency Match contributions. Grand Park and Rendezvous acknowledge that they have read and understand the provisions of said CDOT IGA and will cooperate with Fraser in implementing the Project and fulfilling the duties and responsibilities of Fraser as the Local Agency named in said CDOT IGA. 1.4 The purpose of this Agreement is to confirm the terms and procedures for the parties' participation in the funding, planning and construction of the Project, and certain contingencies and conditions relating thereto. 2.0 - PROJECT DESCRIPTION; COST SHARING 2.1 The CDOT IGA includes a description of the scope and budget for the Project. The budget, which is based on preliminary Project design information, includes an estimate of the total Project cost at $2,145,320, with $1,394,458 in federal/state funding and $750,862 as the "Local Agency Match". Such Local Agency Match represents the estimated costs of constructing the First Street and Rendezvous Road intersection improvements, plus the local share for extending additional lanes to Highway 40 at the northern end of the Project (the "North Extension"). 2.2 Subject to the conditions provided herein, the parties have agreed to share the costs of the Project as follows: 2.2.1 Rendezvous and Grand Park shall each pay one-half of the Local Agency Match attributable to that part of the Project included in the original RAMP application as approved by CDOT, estimated to be in the amount of $682,636 ($341,318 each). 2.2.2 Rendezvous, Grand Park and Fraser shall each pay one-third of the Local Agency Match attributable to the North Extension as approved by CDOT, estimated to be in the amount of $68,225 ($22,742 each). A summary of such cost allocations is attached hereto as Exhibit 2 and incorporated herein by this reference. In addition to its financial contributions to the Project as provided on said Exhibit 2, Fraser will provide general administration and auditing for the Project, including direction of the Project Engineer and coordination with CDOT personnel during design and construction of the Project. 2.3 The preliminary Project schedule approved by CDOT is attached hereto as Exhibit 3. The parties agree to use reasonable efforts to proceed with the project in accordance with such schedule; provided, however, the parties recognize that CDOT approvals and other contingencies could prevent completion of construction of the Project during the 2014 construction season and such completion could be delayed until the 2015 construction season. 2.4 Concurrent with the execution of this Agreement, Rendezvous and Grand Park shall each pay to Fraser the sum of $364, 060, representing their share of the Local Agency Match pursuant to the approved budget, as set forth on Exhibit 2. Fraser will deposit such funds in a separate account or designate a separate fund for purposes of administering such contributions and any additional amounts contributed by Grand Park, Rendezvous and Fraser (the "Local Agency Match Account"), to be used solely for payment of the Local Agency Match costs of the Project as provided herein. -2- 3.0 - PROJECT DESIGN, APPROVAL AND BIDDING 3.1 Rendezvous and Grand Park have each retained the services of professional engineers to prepare the design documents for the Project and obtain approval from CDOT for such design. The portion of the Project in front of Rendezvous is being designed by McDowell Engineering ("McDowell") and the portion of the Project in front of Grand Park has been designed by Felsburg, Holt, & Ullevig ("FHU"). McDowell and FHU ("Design Engineers") will be required to coordinate their work in order to submit one set of final plans for the entire Project, for approval of Fraser and CDOT and for purposes of bidding the Project. Preliminary design information has been completed and approved by CDOT, and Rendezvous and Grand Park will direct their engineers to expeditiously complete the final plans for the Project and submit them to Fraser and CDOT for approval. 3.1.1 CDOT has agreed that the costs for professional design services relating to the Project may be paid from the Local Agency Match funds, subject to CDOT review and approval of the invoices for such work. Upon receipt of written approval from CDOT for specific amounts and/or invoices for such design services provided by the Design Engineers, and proof of payment of those amounts/invoices by Rendezvous or Grand Park, as the case may be, the amounts allowed and paid shall be credited to the Local Agency Match share of the paying parry and Fraser shall disburse such amounts out of the Local Agency Match Account to the party that paid the same, provided that such party is otherwise in compliance with the terms of this Agreement. 3.2 Upon execution of this Agreement, Fraser will contract with Tim Gagnon of Bowman Vision Land or another engineer or engineering firm of Fraser's choice ("Project Engineer") to review the design plans, to provide other pre -construction services, and to provide construction management services for the Project, and such firm shall be directly responsible to Fraser for such work. Fraser and such Project Engineer will consult with Rendezvous and Grand Park and/or the Design Engineers regarding the Project design, but Fraser and CDOT will retain final approval authority regarding such design. The estimated costs for such Project Engineer are included in the budget for the Local Agency Match and shall be paid from the funds in the Local Agency Match Account. 3.3 If the final design plans approved by Fraser and CDOT call for an increase in the estimated Project costs and require an adjustment of the Grand Park and Rendezvous Local Agency Match allocations as set forth on Exhibit 2 by not more than 15%, then the contributions of Grand Park and Rendezvous to the Local Agency Match Account shall be adjusted proportionately according to their respective shares of the Local Agency Match allocations as set forth on said Exhibit 2 to cover the excess costs. Grand Park and Rendezvous shall pay to Fraser the additional contributions required within 10 calendar days after notice from Fraser of the amount thereof. If the final design plans approved by CDOT call for and increase in the estimated Project costs and an adjustment of the Grand Park and Rendezvous Local Agency Match allocations by more than 15%, then Fraser will consult with Grand Park, Rendezvous and -3- CDOT to determine whether the Project design should be modified, whether additional state or federal funds are available to cover the overage, or whether other steps should be taken or the Project should be abandoned. Neither Grand Park nor Rendezvous shall be required to increase their contributions to the Local Agency Match Account beyond 15% of the amounts set forth in Exhibit 2 without their written approval. 3.4 After obtaining CDOT approval for the final Project design plans, and after satisfaction of any contingencies as provided in Section 3.3 above, Fraser shall prepare a bid package and advertise the Project for bids in accordance with the CDOT IGA and Fraser bidding processes and requirements. The bid documents will require that bidders include Rendezvous and Grand Park as additional insureds on the general liability insurance policy required for the Project, for work performed on the Rendezvous and Grand Park properties with coverage limits not less than $1,000,000 per occurrence, $2,000,000 aggregate for ongoing and completed operations. Upon completion of the bid process, Fraser shall give notice to Rendezvous and Grand Park of the results thereof. 3.4.1 If the lowest bid received or negotiated by Fraser, and which is otherwise acceptable to Fraser and CDOT, does not exceed the budgeted Project cost, and does not require any adjustment in the Local Agency Match allocations as provided in Exhibit 2 or as previously adjusted, then Fraser may proceed with the award of the construction contract in accordance with such bid. 3.4.2 If the lowest bid received or negotiated by Fraser, and which is otherwise acceptable to Fraser and CDOT, exceeds the budgeted Project cost and would require an adjustment in the Grand Park and Rendezvous Local Agency Match contributions as provided in Exhibit 2 by no more than 15% of the original allocations, then the contributions of Grand Park and Rendezvous to the Local Agency Match Account shall be adjusted proportionately according to their respective shares of the Local Agency Match allocations as set forth on said Exhibit 2 to cover the excess costs. Grand Park and Rendezvous shall pay to Fraser the additional contributions required upon notice from Fraser of the amount thereof. Such additional contributions must be paid within 12 working days after the bid opening in order for Fraser to accept the bid within 14 working days after such bid opening as required by the terms of the CDOT IGA. Failure by either Rendezvous or Grand Park to pay such additional contributions to Fraser within the time allowed shall constitute a default hereunder, in which case the non -defaulting party(ies) shall have the rights and remedies provided in Section 5.1 hereof. 3.4.3 If the lowest bid received or negotiated by Fraser, and which is otherwise acceptable to Fraser and CDOT, exceeds the budgeted Project cost and would require an adjustment in the Grand Park and Rendezvous the Local Agency Match contributions as provided in Exhibit 2 by more than 15% of the original allocations, then Fraser will reject the bid within 14 working days after the bid opening, thereby cancelling the Project and terminating the CDOT IGA, unless -4- alternative arrangements are made in consultation with Grand Park, Rendezvous and CDOT to continue the Project. Neither Grand Park nor Rendezvous shall be required to increase their contributions to the Local Agency Match beyond 15% of the amounts set forth in Exhibit 2 without their written approval. 3.5 If the Project is abandoned as provided herein, then Fraser will disburse any remaining balance in the Local Agency Match Account to Rendezvous, Grand Park and Fraser in accordance with their respective interests after payment of any remaining costs attributable to the Project. 4.0 - PROJECT CONSTRUCTION AND COMPLETION 4.1 If all contingencies provided in Sections 2.0 and 3.0 above are satisfied and a contract for construction of the Project is awarded by Fraser, then Fraser and the Project Engineer will supervise and administer the project to completion in accordance with the CDOT IGA and Fraser's usual construction practices. 4.2 In the event unforeseen conditions or other circumstances require a change in the plans or the work on the Project during the administration of the project, as reasonably determined by Fraser and/or CDOT, which involves a cost increase and requires an adjustment of the Grand Park and Rendezvous Local Agency Match allocations, as specified in Exhibit 2 or as previously adjusted, then Fraser shall give notice of such circumstances and cost increase to Rendezvous and Grand Park. 4.2.1 Within 10 days after receipt of such notice, Rendezvous and Grand Park shall pay to Fraser the additional contributions to the Local Agency Match Account required to cover the additional costs, incurred or to be incurred in excess of prior contributions deposited to the Local Agency Match Account, provided that such required additional contributions shall not be more than 15% over the original allocations specified in Exhibit 2, unless Rendezvous and Grand Park otherwise agree. Failure by either Rendezvous or Grand Park to pay such additional contributions to Fraser within the time allowed shall constitute a default hereunder, in which case the non -defaulting party(ies) shall have the rights and remedies provided in Section 5.1 hereof. 4.2.2 If the additional Local Agency Match contributions required to cover the cost overrun will exceed the original allocations of Rendezvous and Grand Park specified in Exhibit 2 by more than 15%, and Rendezvous and Grand Park do not agree to pay such excess costs, then Fraser may choose to pay the additional Local Agency Match costs exceeding such limit or it may take such actions as may be necessary to avoid or reduce the additional costs, including without limitation, modification of the construction plans and specifications or termination of the Project, subject to CDOT approval pursuant to the terms of the CDOT IGA. -5- 4.3 Upon final completion of the Project and acceptance by Fraser and CDOT, and after payment of all expenses relating to the Project, if any funds remain on deposit in the Local Agency Match Account, Fraser shall disburse such funds to Rendezvous, Grand Park and Fraser in accordance with their respective interests in such funds. 5.0 - DEFAULT; TERMINATION 5.1 Time is the essence hereof. If either Rendezvous or Grand Park default in the timely performance of their obligations hereunder, including timely payment of their contributions of Local Agency Match funds required hereunder, Fraser shall have the right to obtain an order for specific performance of this Agreement and/or an award of damages against the defaulting party. In the event of any material breach by Rendezvous or Grand Park prior to the award of a contract for construction of the Project, Fraser shall also have the right to terminate the Project and this Agreement upon notice to the other parties, subject to any necessary approval from CDOT. In the event of such termination, any remaining balance in the Local Agency Match Account will be disbursed to the parties in accordance with their respective interests, after deducting any remaining costs or damages incurred by Fraser as a consequence of the default. 5.2 In case of any default by Fraser, the remedies of Rendezvous and Grand Park shall be limited to the return of their share of any unexpended balance in the Local Agency Match Account, in accordance with the other provisions of this Agreement. 5.3 In the event of any litigation relating to enforcement of this Agreement, the prevailing party(ies) shall be entitled to an award of its costs and reasonable attorney fees incurred against the defaulting party. 6.0 - ADDITIONAL PROVISIONS 6.1 This Agreement is the entire agreement and understanding between the parties with regard to the subject matter hereof, and all prior negotiations, understandings and representations made in connection with such subject matter shall be superseded by this Agreement. This Agreement shall not be changed, altered, amended or modified except in a writing signed by the parties hereto. Colorado law shall govern the formation, construction, interpretation and performance of this Agreement. 6.2 Any notice required or permitted under this Agreement shall be in writing and shall be deemed to have been validly given and received when delivered in person or by reputable overnight delivery service or three (3) business days after notice has been deposited with the U.S. Postal Service, postage prepaid, certified and return receipt requested, addressed as follows: 6.2.1 If to Rendezvous: Rendezvous Colorado, LLC\ 5291 East Yale Avenue Denver, CO 80222 6.2.2 If to Grand Park: Grand Park Development, LLC P.O. Box 30 Winter Park, CO 80482 6.2.3 If to Fraser: Town of Fraser 153 Fraser Avenue P.O. Box 370 Fraser, CO 80442 6.2.3.1 With a copy to: Mr. Rod McGowan Cazier, McGowan & Walker P.O. Box 500 Granby, CO 80446 Any party may change the address to which notice is to be sent by providing notice in the manner set forth in this Section. 6.3 This Agreement may be executed in counterparts or by facsimile signature with each such counterpart of facsimile signature deemed to be and constitute an original of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated following their signatures below. FRASER: Town of Fraser, Colorado, a municipal corporation of the State of Colorado Peggy Smith, Mayor DATE: RENDEZVOUS: Rendezvous Colorado, LLC, a Colorado limited liability company BY: TITLE: DATE: Grand Park Development, LLC, a Colorado limited liability company BY: TITLE: DATE: -7- EXHBIT 1 CDOT IGA EXHIBIT 2 LOCAL AGENCY MATCH ALLOCATIONS Project Budget Local Match Grand Park % Grand Park $ Rendezvous % Rendezvous $ Fraser °% Fraser $ Original RAMP 1,950,390.00 682,636 50.00°% 341,318 50.00% 341,318 North Extension 194,930.00 68,226 33.33°% 22,742 33.33% 22,742 33.33°% 22,742 Total Allocations 750,862 364,060 364,060 22,742 15% Limit on Adjustments 54,609 54,609 Attachment A-2 RAMP Partnership Project Schedule RAMP Tracking Number 3-31 US Highway 40 Improvements in Fraser Milestone 1. Completed Survey Scheduled Date 2. Preliminary Horizontal & Vertical January 31, 2014 Alignments February 14, 2014 3. Preliminary Hydraulic Information 4. Structure Selection Report February 28, 2014 5. Field Inspection Review (FIR) March 31, 2014 6. Form 128 Signature (Top Portion) March 31, 2014 7. Final ROW Plans April 30, 2014 8. Final Office Review (FOR) May 31, 2014 9. Environmental Clearance May 31, 2014 10. Right of Way Clearance May 31, 2014 11. Utility Clearance June 30, 2014 12. Final PS&E June 30, 2014 13. Advertisement Date June 30, 2014 14. Construction July 15, 2014 August 15 — October 31, 2014 TOWN OF FRASER BOARD OF TRUSTEES Resolution No. 2014-05-07 A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION AND A LOCAL FUNDING AGREEMENT WITH RENDEZVOUS AND GRAND PARK REGARDING THE FRASER US40 HIGHWAY IMPROVEMENT PROJECT, SUBJECT TO CERTAIN CONDITIONS. WHEREAS, the Town Board finds that the Fraser US40 Highway Improvement Project effectively leverages private improvement traffic signal projects at Rendezvous Road and First Street toward funding capacity improvements which provide significant public benefit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: The Board of Trustees hereby approves the State of Colorado Department of Transportation Agreement with Town of Fraser for US40 Improvements (NHPP 0403-058 19874), a copy of which is attached hereto (hereinafter referred to as the "CDOT IGA"). The Mayor and Town Clerk are authorized to execute said Agreement on behalf of the Town and the Town Clerk is authorized to transmit three (3) signed originals to the Colorado Department of Transportation for approval and signature upon satisfaction of the conditions specified in Paragraph 2 below. 2. The Board of Trustees hereby approves the Highway 40 Improvement Project Agreement between the Town of Fraser, Rendezvous Colorado, LLC and Grand Park Development, LLC, a copy of which is attached hereto (hereinafter referred to as the "Local Funding Agreement"). The Mayor and Town Clerk are authorized to execute said Agreement on behalf of the Town upon satisfaction of all of the following conditions: a. Due execution of said Local Funding Agreement, with all Exhibits referred to therein, by Rendezvous Colorado, LLC and Grand Park Development, LLC and delivery of one or more originally signed copies to the Town Clerk; b. Receipt of payment by the Town from Rendezvous Colorado, LLC and Grand Park Development, LLC, in good funds, in the amount of $364,060 each, representing their respective shares of the local agency match funds payable pursuant to Section 2.4 of the Local Funding Agreement. If said conditions are not fully satisfied within six (6) working days after the date hereof, this Resolution shall be automatically rescinded and shall be of no force or effect, unless the time for satisfaction of such conditions is extended by further action of the Board. 3. Provided that the conditions specified in Paragraph 2 hereof are fully satisfied and the CDOT IGA is approved and signed by the Department of Transportation, the Board of Trustees authorizes the expenditure of the local agency match funds pursuant to the CDOT IGA. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS day of 2014. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN OF FRASER, COLORADO Absent: Abstained: BY: Mayor ATTEST: (SEAL) Town Clerk TOWN OF FRASER RESOLUTION NO. 2014-05-08 A RESOLUTION AUTHORIZING EXPENDITURES FOR THE PURCHASE OF NEW LOADER FOR THE WASTEWATER TREATMENT PLANT WHEREAS, the Town of Fraser is the Manager of the Joint Facilities on behalf of the member entities; and WHEREAS, the 2014 Joint Facilities Capital Replacement Reserve Fund Budget provides for the purchase of a new Loader on behalf of the member entities and the entities support this acquisition. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Manager is hereby authorized to expend up to $150,000 for the purchase of a new Loader for the Wastewater Treatment Plant as outlined in the staff briefing. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 28th DAY OF MAY, 2014. Votes in favor: Votes opposed: Absent: Abstained: BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: (SEAL) Town Clerk MEMO TO: Mayor Smith and the Board of Trustees FROM: Joe Fuqua, Plant Superintendent DATE: 15 May 2014 SUBJECT: Wastewater Treatment Plant Loader MATTER BEFORE BOARD: Requesting authorization for an expenditure up to $150,000 for a new wheel loader with attachments for the wastewater treatment plant. ACTION REQUESTED: A motion to approve Resolution 2014-05-08 for the purchasing of a new wheel loader with attachments for use at the Wastewater Treatment Plant. BACKGROUND: In 2001, the Fraser Sanitation District purchased the current 1981 International 510B loader from the Town of Fraser for $15,000.for the following reasons: 1) Prior to the loader purchase, Fraser Sanitation District (FSD) and Winter Park West (Ranch) Water and Sanitation District were paying for snow removal, plus extra if the banks needed to be pushed back. Due to changes in the new permit requirements additional access was necessary to meet sampling requirements. 2) JFOC agreement had been signed naming FSD treatment plant manager, which included oversight of the pending plant construction. The bid documents for the plant construction stated the owners (FSD) would be responsible for all snow removal at the treatment plant; including the plant site access road. The 510 B loader is over 30 years old and is in need of some major work; which include an engine rebuild, the hydraulic lift cylinders are leaking and in need of rebuilding, and the center pins along with all hydraulic cylinder mounting pins need to be replaced. Following discussions during several JFOC Manager meetings, pricing was requested for both new and used equipment from various manufactures and dealers. Pricing ranged from $90,000 to $150,000 for used equipment with no warranty and no attachments. A new machine utilizing government pricing ranged from $125,000 to $180,000 with full warranty and all needed attachments. Attachment pricing alone ranged from $7,000 to $20,000. The purchase of new equipment was approved by the JFOC during their annual August meeting and placed in the Treatment Plant budget. The loader is a vital piece of equipment for the treatment plant. Staff uses it moves the bio - solids container in and out of the building and for the loading operation. In addition to winter Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com road maintenance to keeps the 1/2 -mile plus access road open in the winter and banks pushed back. Snow maintenance can sometimes take a couple of days due to wind and drifting. We also used it to mix and distribute bio -solids from the decommissioned lagoons, along with most site work and other loading operations at the plant. Currently, the Town of Fraser provides their loader for the new task of unloading 1 -ton bags of lime utilized in pretreatment. The other JFOC members do provide help, but they also have tasks to complete, primary snow removal, and it is hard to free up equipment when the snow needs to be cleared. ALTERNATIVES: • No action, not recommended • Purchase used loader. Not recommended for the following reasons: No warranty, the right attachments may not be included, no government discount on price, and lastly, might be buying someone else's problems. • Spend approximately $40,000 or more repairing the existing and obsolete 1981 loader as well as purchasing new attachments for newly added plant tasks. Currently, this option requires use of other JFOC members' equipment on a regular basis for tasks the existing loader cannot perform and while rebuild takes place. Not recommended. • Approve $51,105, the TOF's share of a estimated total cost of $150,000 in order to allow the WWTP staff to develop bid specs and go out to bid for a new wheel loader and required attachments. Recommended and agreed upon by the JFOC managers. RECOMMENDATION: WWTP staff recommends approval of this expenditure up to $150,000 for the loader purchase, of which $51,105 is Fraser's share. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION OF ) WEST MOUNTAIN METROPOLITAN DISTRICT ) AND THE TOWN OF FRASER ) FOR AUTHORITY TO CONSTRUCT A NEW ) HIGHWAY -RAIL GRADE SEPARATION AT THE) PROPOSED CROSSING OF GRAND PARK ) DRIVE AND THE UNION PACIFIC RAILROAD ) DOCKET NO. COMPANY TRACKS IN FRASER, COLORADO ) AND ABOLISH THE AT -GRADE RAILROAD ) CROSSING AT KINGS CROSSING ROAD ) (DOT NO. 254-214U) IN WINTER PARK, ) COLORADO ) West Mountain Metropolitan District ("District") and the Town of Fraser ("Fraser") 153 Fraser Avenue, Fraser, Colorado 80442-0370 (both collectively "Applicants") hereby apply to the Public Utility Commission of the State of Colorado for an order authorizing the construction of a new highway -rail grade separation at the proposed crossing of Grand Park Drive and the Union Pacific Railroad Company ("UPRR") tracks in the Town of Fraser, Colorado and the closure of the existing at -grade highway -rail crossing at Kings Crossing Road (DOT No. 254-214U) in the Town of Winter Park, Colorado. In support of the Application, Applicants states as follows: I. West Mountain Metropolitan District is a quasi -municipal metropolitan district organized pursuant to Title 32, Colorado Revised Statutes, with a principal office of 28 Second Street, Suite 213, and Edwards, CO 81632. District is authorized by its Service Plan to provide certain essential public purpose facilities for the use and benefit of the District's inhabitants and taxpayers including but not limited to: d) The acquisition, construction, relocation, completion, installation and/or operation and maintenance of street improvements, including curbs, gutters, culverts, and other drainage facilities, sidewalks, bridges, overpasses, bike paths and pedestrian ways, interchanges, median islands, paving, lighting, grading, landscaping, irrigation, parking lots and structures; and street -related electric, telephone, gas, steam, heating, and cooling facilities and lines; together with all necessary, incidental, and appurtenant facilities, land and easements together with extensions of and improvements to said facilities within and without the boundaries of the Districts. The street improvements described herein shall be dedicated to and maintained by the Town as provided in generally applicable Town regulations governing the dedication and acceptance of public improvements. Applicants are duly authorized to construct maintain and operate public highways in Fraser. 2. Applicants representatives for this project to whom all inquiries concerning the application may be made are as follows: For West Mountain Metropolitan District: Jack Bestall, Bestall Collaborative Limited, PO Box 2223, Evergreen, CO 80437, 720.810.6480, j ackgbe stallcollaborative. com. For Town of Fraser: Jeff Durbin — Town Manager, P.O. Box 370 Fraser CO 80442-0370, 970.726.5491, ext 202, facsimile — 970.726.5518, jdurbingtown.fraser.co.us. 3. Applicants propose to implement the project as described below by way of a C&M agreement(s) between Applicants and UPRR. The nature and need for the project is as follows: a) Grand Park is a 1330 acre community being developed by Cornerstone Winter Park Holdings LLC in the Town of Fraser. When completed, Grand Park will have interconnected neighborhoods, nearly 500 acres of open space, a pedestrian -friendly village and miles of trails situated immediately adjacent the Town of Winter Park. Current access to the West Mountain portion of Grand Park is via Kings Crossing Road. Grand Park Drive (1St Street) will connect to US Highway 40 and the Old Victory Road to the east and to Kings Crossing Road on the west in the future. Underground utilities will also be installed in the Grand Park Drive right of way. Currently, Kings Crossing Rd. is blocked occasionally by UPRR trains and the grade separated structure will provide uninterrupted ingress and egress not only for the inhabitants of Fraser and Winter Park but for emergency vehicles as well. It will also facilitate the Town of Winter Park's desire to eliminate train whistles in this location. b) The Town of Winter Park and the Fraser supported this project in 2005 when they jointly filed an application to construct this project at a slightly different location. See Docket No. 05A -475R. Unfortunately, certain details could not be worked out at that time and the Docket was eventually dismissed by agreement of the parties. The need for this joint project continues. 60% plans have been submitted to UPRR and have been reviewed. UPRR's comments are addressed in the 100% plans submitted to UPRR on April 2, 2014. C) This Railroad -Highway Crossing project is located at Milepost 60.00 on the Moffat Tunnel Subdivision of the UPRR in Fraser. The project design provides for a new grade -separated crossing of a yet to be constructed road Grand Park Drive and the UPRR tracks. The railroad will continue its alignment on a new bridge over the planned Grand Park Drive. The Railroad Crossing at Kings Crossing Road, Railroad MP 59.93, and DOT 254214U in Winter Park, CO will be abolished under this plan after the Railroad -Highway Crossing becomes operational and is connected to the local roadway network. Kings Crossing Road will end in a "cul-de-sac" stopping traffic prior to the railroad. The new local roadway system will route traffic to the new underpass (see Vicinity Map). d) Public safety will be greatly improved and accidents prevented through the elimination of the Kings Crossing (two-lane collector roadway) at -grade crossing by reducing the current pedestrian and vehicular hazard presented at the railroad and King Crossing Road; reducing traffic backed -up in front of adjacent properties; improving response times for public safety vehicles that are currently unable to reach portions of Winter Park when a train is present at the existing grade Railroad Crossing; providing for a safer and more efficient means for rail transport; and by allowing for safer transport of people and goods within Fraser, Winter Park and the Fraser Valley region. The project will also provide for immediate and future expansion of the railroad facility with the bridge structure design sized to expand from the one existing track to two tracks. 4. The rail traffic volume at this segment of the Union Pacific Railroad (main line serving the western United States including transport of coal from Craig and Somerset, Colorado to Denver) is approximately 19 freight and 2 Amtrak trains during a 24 hour period traveling at a maximum speed of 30 mph. The vehicular traffic volume currently passing over the King's Crossing Road grade crossing of the railroad is approximately 1,300 average daily trips (Vehicular data is based upon traffic data collected by the Town of Winter Park on July 19, 2012). UPRR cannot give five year or longer projections since such projections are market driven. 5. A traffic study was conducted for Cornerstone's project in Fraser (accepted by Fraser and the Colorado Department of Transportation) by Felsburg Holt and Ullevig. There is little existing traffic volume on Grand Park Drive; since the proposed underpass is not yet constructed. However, with the construction of Grand Park Drive (two-lane collector roadway connecting US Highway 40 to the proposed underpass) and the connection of King's Crossing Road to Grand Park Drive (diverting traffic from Winter Park to the proposed underpass and away from the closed existing grade crossing), the Felsburg Holt Ullevig Traffic Study projects that in 2025 there will be approximately 13,550 average daily trips utilizing Grand Park Drive at the new Grand Park Underpass near Leland Creek. The exposure factor is 284,550 (21 average daily train trips x 13,550 average daily vehicle trips). 6. The following exhibits are attached hereto and made a part hereof. Exhibit A Vicinity Map Exhibit B Site Plan Exhibit C 100% Set of Bridge Construction Plans Exhibit D Project Cost Estimate Exhibit E UPRR Theoretical Structure and Cost Estimate Exhibit F Construction, Operation and Maintenance Agreement between Applicants and UPRR Exhibit G Winter Park — Cornerstone Winter Park Holdings LLC Agreement 7. The design of the proposed structure is shown on Exhibit C. The estimated cost for the proposed structure is approximately $4,465,917 as shown on Exhibit D. The estimated cost of the theoretical structure and design of same is shown on see Exhibit E. The approximate apportionment of the costs for the theoretical structure is proposed as follows: District 50%; UPRR 50%. The Town of Winter Park has committed by written agreement with Cornerstone Winter Park Holdings to share in the cost of the underpass by agreeing to pay one half of the cost not paid by UPRR up to $1.75 million, remove the existing at grade railroad crossing at Kings Crossing Road, and pay for the extension of Kings Crossing Road to its proposed connection with Grand Park Drive. A copy of pertinent portions of that Agreement is attached as Exhibit G. The UPRR is the only affected railroad corporation. Maintenance costs will be addressed in agreements between the UPRR and Applicants. It is anticipated that UPRR will maintain the entire structure upon payment of an agreed upon lump sum paid when the project is completed. 8. The projected schedule for construction of the highway -rail grade separation structure is planned to commence in the spring of 2015 with completion projected for September 2017. The estimated date for the crossing's commencement of operation is the same as the completion date. The abolition of the Railroad Crossing at King's Crossing Road would occur after the highway -rail grade separation structure becomes operational for both train and vehicle use. 9. There is no foreseeable need for additional right-of-way from the UPRR for this project. However, an easement across the UPRR right-of-way for the proposed underpass will be necessary. 10. The name of the adjacent property owners, municipalities and state that may be interested and or affected is as follows: Solar Town Homes Homeowner's Association Nancy Kersey — 7782 Emerald Peak, Littleton, CO 80127 Cornerstone Winter Park Holdings LLC Clark Lipscomb — P.O. Box 30, Winter Park, CO 80482 Grand Park Development, LLC Clark Lipscomb — P.O. Box 30, Winter Park, CO 80482 The Town of Winter Park Drew Nelson, 50 Vasquez Road PO Box 3327 Winter Park, CO 80482 The Town of Fraser Jeff Durbin — Town Manager,P.O. Box 370 Fraser, CO 80442-0370 Colorado Department of Transportation Dan Roussin — Region 3, Permit Unit Manager 222 South 6th Street, Room 100, Grand Junction, CO 81501 Names of public utilities adjacent to the improvements are: Xcel Energy P.O. Box 528, Granby, CO 80446 Century Link (Optic Fiber) Shayne Bracken Mountain Parks Electric Todd Clausen — P.O. Box 50, Granby, CO 80446 Grand County Water & Sanitation District No. 1 Bruce Hutchins — P.O. Box 3077, Winter Park, CO 80482 11. The proposed abolition of the Railroad Crossing at Kings Crossing and construction of the Railroad -Highway Crossing will be implemented in accordance with Colorado Public Utilities Commission specifications. 12. Applicants agree to respond to all questions propounded by the Commission or its Staff concerning the Application. 13. Applicants would prefer any hearing to be held in Fraser but is amenable to having the hearing at the PUC offices in Denver. WHEREFORE, Applicants request that the Public Utilities Commission of the State of Colorado enter an Order authorizing construction of a grade separation at Grand Park Drive and the Union Pacific Railroad Company tracks in Fraser, Colorado and the subsequent closing of the at - grade crossing at Kings Crossing in Winter Park, Colorado as set forth above, allocation of costs in accordance with the PUC's rules for Railroad -Highway Grade Separation Applications at 4 CCR 723-7, 7207, and in accordance with the provisions of Section 40-4-106, C.R.S. Dated this day of , 2014. VERIFICATION BY WEST MOUNTAIN METROPOLITAN DISTRICT STATE OF COLORADO M1 COUNTY The undersigned, being of age and sworn upon oath, state that he has read the above Application and has personal knowledge that the facts stated therein are true. Signed and sworn to before me this day of , 2014 by Witness my hand and seal. Notary Public My Commission expires VERIFICATION BY THE TOWN OF FRASER STATE OF COLORADO M1 COUNTY The undersigned, being of age and sworn upon oath, state that he has read the above Application and has personal knowledge that the facts stated therein are true. Signed and sworn to before me this day of , 2014 by Witness my hand and seal. Notary Public My Commission expires Finance Update: 05/28/2014 Prepared: 05/19/2014 Transmitted with your packet this week are the April Financial Statements for both the Town and the Joint Facility along with the March Sales Tax Report. As far as the sales tax report for March goes, we are still running roughly 3% up year-to-date; however sales appear to be sluggish when compared to Winter Park's. Of course sales tax represents nearly 80% of the Town's General Fund revenue — there is nothing more important to this community then the few vendors generating those revenues on behalf of the town. The other part of the equation is the still decreasing population at this end of the valley. We need to be very concerned about this town's reliance on sales tax and what policy strategies might come into play here. What we really need is to draw another grocery store to our community, a convention center and or a convention center hotel/resort. On the population side we have our work cut out for us, geographically we are hamstrung where our population stability will be lagging years behind any housing recovery in our area. In your packet you will find the essays from the "If I Were Mayor" contest from seventh and eighth grade students from across the state, this year there were about 250 essays submitted. Attached are 19 of the essays that CML selected as finalists. I (and three other judges) scored the essays using the following guidelines: on a scale of 1-10. • Essay relation to contest topic (see topic below) • Displayed knowledge about the role of a mayor • Legibility and proper use of grammar • Creativity As a reminder, this year's essay contest topic is: If you were elected mayor, how would you make your city or town the best place to live? The winning four students will be asked to present their essays during the Elected Officials Luncheon at CML's annual conference on Friday, June 20 in Breckenridge. Historically I have asked the Board on a yearly basis to waive the business license fee for our two Child Care Facilities; Grand Kids and the Fraser Creative Learning Center. I would like to ask your consideration in waiving the 2014 business license fees for these two businesses. As always please contact me with any questions or concerns you might have: 726-5491 X206 or at nhavens(c)town.fraser.co.us. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com f P i '.� O lt 'acL1 - k{y - •` # {1.4�'bry n f 4 -AA 2 If I Were Mayor... Hmm.. what if I were mayor? Well lets just say, today is my day to be mayor. I have a few goals that I'm going to try achieve while being mayor. Such as saving water, recycling, and street maintenance. Personally, I think of these as major problems not just in Parker, Colorado, but in many other places across the world. Some countries have it worse than others, but all and all, Its some kind of problem in most or even all countries. A lot of people worry about laws, school schedules, homework, etcetera. But truth is, myself as a mayor can't fix those problem unfortunately. l can only fix so much. However, I do have the power to make ordinances, which are sort of like laws except not so serious. It would include trying to stop people from littering or speeding in their vehicles, I also can apply grants like fixing the cracks in the road or making parks and playgrounds nicer looking. The ordinance I decided to try to fix at the best of my ability is saving water. A way I'm going to try to change the way people manage their water usage is by promoting this situation in magazines, ads on videos, and websites. I'm going to make it a goal for not only myself, but other people to take showers for 10 minutes max instead of 15.20 minutes. Maybe even go down a minute everyday. It is also very important to use water when absolutely necessary. I mean, obviously, drink water everyday and use water to brush your teeth and shower, but really think about what you're doing 'before you do it. Don't pour a glass of water and only drink half of the glass. Don't brush your teeth and keep the water running when you're not even using it. It's a very simple task that will tremendously help your community out. You may hear, "Recycle! It really does help!" or you may hear your teachers say, "Recycle your papers everyone!" It might be overwhelming and maybe you even think that there is no point in recycling. But in the long run, recycling one piece of paper or one soda can, can make something great out of it. As a mayor, I want to have a 'recycler of the month.' With a reward of $100.00 for recycling the most they can manage every month. Everyone has a chance to enter and even to win. Hoping that this will inspire people to recycle! Just remember, it doesn't cost money to recycle, it takes as much energy as it would take to just throw it away in the trash can! The last and one of the most important problems I am going to try my best to fix is the street maintenance. Ch how great it is to have to take detours on the way to school due to construction... sarcasm. Yes, it's great that the street maintenance guys are fixing the roads, making them smoother and filling in the cracks. But, it would be wonderful to make street maintenance not go on when school is starting and getting out. It causes trouble with traffic, frustration, and maybe even being late to the destination you're going to. Also, not doing street maintenance during the winter months will make the process go faster. It may not make sense right now, but let's say construction was going on the day before It unexpectedly started to snow the next day, the process is automatically slowed down. I mean, it's very difficult to continue street maintenance when there is snow on the ground. Fast maintenance but good quality work is the key! Wow, being a Mayor is definitely a handful just on its own! 3 Improving My Community As much as I already love my city, if I was elected mayor I would have some ideas to make my community even better. Some of these ideas would be to increase the overall appearance of my community, to increase the quality of services provided to the citizens, and to keep my city clean. However, every mayor needs to have a plan in place to achieve his/her goals and visions. My first idea would be to make my town even more beautiful. I would create new bike paths and walking trails for citizens and visitors to enjoy, and I would improve roads and sidewalks. I would establish more public parks to provide a nice environment for families. One park that I would establish is a big water park to attract visitors. These visitors would not only be providing revenue for the park, but also the city. Many Americans shop at businesses and cat at restaurants when they are away from home, so the city would be able to collect more sales tax. My second idea concerns the services provided by police officers, fire fighters, and teachers. I would try to concentrate more of the city's tax dollars on supporting these services. Police officers provide a great service my town, and with the additional tax money, more police officers can be paid. With more police officers, the city will be a safer place which will help to make our City more appealing. This also applies to firefighters. They risk their lives to help keep people safe, and they improve the safety in my city. School teachers are important to my city as well and with a little extra money, the schools can be improved. When families look to move, they look for a safe environment and a good education for their children. 3 I+v'Iy last idea is to make my city cleaner. One way I would do this is to promote recycling. Instead of the recycle being picked up every other week, I would have it picked up every week. .Also, I would give people the option of having bigger recycle bins and smaller trash cans. This would increase the amount that people would recycle and improve my community. All of these goals that I would set as mayor would not just appear because I want them to. These ideas would cost money to complete, and every mayor must have a plan to deal with the budget of the city. In addition to the revenue produced by the water parr, I would attract businesses to help cover expenses. I would do this by creating a family friendly environment that would assure many people and potential customers. These are my main ideas that would benefit my city. These ideas would help to improve my city in many ways. They would improve the appearance, support important services, and encourage recycling. If I was elected mayor, this is what I would do to improve my city. w If I Were Mayor If I were Mayor the streets would be much cleaner and i think our people would be much happier. I also think, that we would get way more tourists and that would get our town more money to spend on our people to make their lives much better. The reason I would want to have a cleaner place is because when I go somewhere i seem to find trash on the ground. I think people would feel better and cleaner with less trash on the ground. The first thing I would do if i were mayor would be to fix up abandoned buildings. We could have groups of people go and fix up the buildings to make the town look better. The groups could do the clean up once a time in the week which they can decide. Also, The people could have competitions with other groups and the winner could get a reward. i think that if we have a reward that would make people want to get involved and that would also make the clean up go faster. Another thing I would do as Mayor would be to stop building as much stuff as we do. It seems like we build too much stuff which leads to slower traffic which could lead to an accident. I think that we need to preserve the natural beauty of our town and maybe that will make people want to visit our town if we have some cool parks and cool trails to walk. We could have more police by it to protect it from vandalism, We could have boundaries where companies can't build and they can't touch it. I think if we can have parks in our town that would bring in money that could get our people happier and safer. Finally, if we could get the streets cleaner that could have our people happier and feel much cleaner. I would try to do what I did for the abandoned buildings but I would add other stuff to it. For example l would have people only do it for about one hour and thirty minutes. I would keep having the compositions the same but I would add a time limit to do the clean up. I would also want people to get involved and help. I would also want some of the people to do it on their own not just to get a prize. I think that if we could get the streets cleaner that would make our town look really nice. If I was mayor our town would look really nice and would have a homier look and feel to it. I think our town would be the cleanest in the state maybe even the world. l would love to be able to be mayor and to clean up our community. 4 61 What's your favorite town or city to visit? Each city and town has a mayor and a city council to keep it alive and maintained. We don't often think about that but frankly without that group of people we wouldn't have a functioning town with paved roads and stop lights, policemen to keep us safe, or clean outdoor spaces. I have thought a lot about my values and what means most to me and what I think a city needs in terms of a mayor to be a favored place. I have come to a conclusion that the most important aspects of a strong city are, you need to be safe number one. The worst thing is when you don't feel like it is safe enough to leave your house and you need rails on your windows or worse you don't even feel safe in your own home. We want the town to be an inviting and a friendly place to live and visit for everyone. This means that the police would be present and would be keeping any dangerous people off the streets to keep you and your family safe. You and your neighbors need a clean/healthy place to live and enjoy (i.e. parks, trails, and neighborhoods.) You want to feel like you can enjoy walking your dogs and playing in the parks without sifting in trash and other remains. I would make sure that where you spend your time is not a danger to your health by keeping it clean and safe. I strongly believe that for a strong community the citizens need to know that I want to hear their opinions/thoughts/ideas and what is important to them. I would schedule times to meet with the citizens so that they feel like they are being heard. What else is missing in a great city? It needs to be fun! I want you and your family to enjoy living here and to enjoy sharing the community with friends and in-laws etc. I would push to keep the parks entertaining, I would make sure that there is always something to do whether that's a city cook -off or movies in the park. I want you to feel like you don't have to leave the town for something to do, I want you to invite your friends to our city because they are bored in theirs. I am very aware that there is a strict budget and I would map out every penny of the budget to meet all requirements. I would be open to hearing what you as a community feels is important that we spend the money on, after all you live here too! I am very pro -renewable energy and recycling and I feel like that would be a wise place to put some investing in because it WILL pay off. I agree that spending money on keeping everything updated and safe is a must. 61 I have so many ideas that I think would make me a great mayor and I believe I could make you feel important and make living in our town a great experience and I also know that not all my ideas are the right ones and that I could learn from you and your thoughts. If I were mayor it would be my goal to make this the best darn city in the state of Colorado. 6 If I Were Mayor... "Coming together is a beginning; keeping together is progress; working together is success." -Henry Ford. This quote expresses clearly the role of a mayor and community. I feel it dose because a mayor must bring their community together as one and keep it happy, .healthy and in harmony. So if I were Mayor i would do just that. "A nation that destroys its soils destroys itself. Forests are the lungs of our land, purifying the air and giving fresh strength to our people." -Theodore Roosevelt. Theodore is a perfect role model we should follow. If I were Mayor I would clean up our town. Firstly, I would gather volunteers to cleanse our town. Those generous to do so would be rewarded for their efforts. I would also hire workers to clean. Thus, creating more jobs and getting a fresher environment. Promoting the general welfare is also written in the preamble of the United States Constitution. So I would promote public health so people don't litter and keep our home clean to abide by our constitution. If we strengthen our land and purify the air we will save our soil, and ergo save ourselves. "A nation that can't control its energy sources can't control its future."-Barack Obama. Perfectly stated and it matches us perfectly as a community. If we cannot control power sources we will have a poor future. So, if I were mayor my second act would be to create cleaner power sources. Solar energy is a very clean renewable source and we could introduce it to our town. So, we could raise money to switch to solar energy in local businesses and homes. Also, these who do change to cleaner sources will have lowered taxes for their generosity. We would also encourage others to switch to these sources and promote good things if they are to do so. If Parker comes together to switch to healthy, renewable energy our future will look bright and healthy. "We won't have a society if we destroy the environment." -Margaret Mead. Honestly spoken, Margaret proves that we must save our environment or we will no longer have a supporting and happy society. As my third act, I will hire workers to preserve the current open spaces we own. The open spaces should stay healthy and trash free. I will also remove abandoned buildings so we can create more open spaces for our town. I will also establish a "Make Parker Beautiiful" day where citizens go around our town and cleanup to create open spaces. Parker is a pretty populated city and opening it up with more spaces will create a happier, healthier environment. "Coming together is a beginning; keeping together is progress; working together is success." -Henry Ford. Directly from the mind of Henry Ford he is a role model we should all look up too and follow his words directly. If I were Mayor I would help our environment thrive and succeed making Parker a healthy environment filled with happier people. 7 Forming a happy Community Kids playing in the green grass in a public park. Seeing your neighbor when you are out holiday shopping. Having your child come home from school with straight A's. Going to a coffee shop to get a hot cup of coffee so you can relax or work. As a community, these are the pleasures you strive for your citizens to have. For these to happen, you need more money from taxes. To get more money for taxes, you need more people in your city. If I were mayor, I would aim to attract as many people as possible to my city. Running a community means advertising different high points. I would advertise going green, volunteer work, and shopping locally. Most people want to live in a healthy, safe environment where the air is fresh and the creeks are clear. 1 would have a recycling center and volunteers helping keep the community clean. Volunteer work would also be important, with recycling and other things. Of course, people would help each other out to make the town a happy place to live in, because "a house divided against itself will not stand." The same is said for a city or town. Shopping locally would get more sales tax, giving the city more funds. To get more sales tax, I would build a mall. I would get a few department stores, a food court, and other necessary businesses. I realize that those stores will not magically pop up and decide to go to my town, so I would advertise the papulation and give them bonuses that would make my community appealing for one of their stores. I would also support Mom and Pop Shops, instead of chain stores. I would also get stores that would suit the community. 7 Business is important. Something even more important is the safety of the people. I would build two firehouses and in time probably more. I would also have two police stations. Crime can happen anywhere to anyone, so everyone should have the protection that they need. There will also be a private school and a public school. The teachers will get paid a little more than usual, but will have higher qualifications. There would also be a library with volunteers helping out. I would also try to get an arcade, laser tag, or paintball arena for kids and teens. There would also be a couple of public parks for recreation or group meetings. As more people move in, more taxes are paid and funds rise. Gradually the community would grow bigger and better. My city would appeal to all ages, genders, and races. It would support shopping locally, recycling, and volunteer work. The more stares, the more the income, so I would dream big. Everyone would support and help each other. If I were the mayor of a city or town, life would be better, more fun, and easier. Small Towns, Big Ideas If I was elected mayor of my city, I would support the "small town" feeling that it already has because it gives the city a personality. I would also promote local businesses and industry that work hard. These local businesses provide revenue for the city, and they also provide the resources that the city needs. I would support these businesses because as they grow, the city will grow as well. If we can keep these local businesses, our city will have a unique and inviting feel. The industry in our city brings in profit and creates jobs for the people. I would also focus my attention on making the city a kid -friendly area.. I would keep the parks, libraries, and schools up-to-date. I would also make sure that police and fire stations have the right equipment and the right training to keep the city safe. If I was mayor, I would listen to the people's suggestions and ideas. I would them see what I could do to either help there with the idea or do it myself. I want the people to be able to shape the community so that it is a place they will always want to live. If I was elected, I would work hard to finish the flood repairs before spring run of If we can finish these repairs, we will be prepared for spring run off which may hit us hard if we aren't prepared. I would also try to make marijuana illegal again. I think that it has a bad effect on the people and can lead to many other problems. Some of these problems may be drug abuse, depression, or problems with their family members. To help with obesity and overweight problems, I would create programs to help make the children and adults of the city more active. If the people become more active and learn about nutrition, they will be able to live a healthier lifestyle. If I was mayor, I would help the homeless get off the streets of our city. I would bring the project 100,000 Hames to our city. This program gives low -rent apartments to homeless people so that they can begin to start better lives for themselves. No one deserves to live on the streets. If I was elected mayor of my city, I would make this city a place where everyone would want to live and would enj oy living in. 8 9 If I Were Mayor If I were elected mayor of Longmont, Colorado, I would try to make it the best place to live. I would make sure that all of the residents in Longmont were happy and satisfied with the place they are living. The first thing I would do as mayor would consist of helping with the flood repair. I would help raise money by holding fundraisers, The money collected from the fundraisers would go to help repairing roads, bridges, and homes. I think that it is important to make sure everyone is living in adequate homes, especially after the flooding. Secondly, I would help with the redevelopment of the Twin Peaks Mall. Redeveloping this mall will help bring tax revenue to Longmont. I also believe that this new mall will be a place where teenagers can go spend time with their friends. They will no longer have to drive far away to go to a mall. This mall will bring in a lot of sales tax and property tax from the people that rent spaces there and run stores. I would like to have a good relationship with neighboring towns such Frederick, Firestone, and Niwot. I believe that having a working relationship with these towns could help improve Longmont by building public places such as bike paths and parks. For example, we could extend the current bike path that runs from Niwot through Longmont, and then extend it through Frederick and end in Firestone, Having a long path like this may encourage people to go outside and be more active. 9 In order to keep the residents of Longmont happy, once a month I would go to a local restaurant or coffee shop where they could come and talk to me. The residents could tell me what they do like and what they think needs improvement in Longmont. After speaking with them, I would make adjustments in order to keep the residents happy and living in Longmont. Longmont would become an area for small businesses. For all of the small businesses coming to Longmont, we would lower property tax by 2%. This would allow the small businesses to put their money towards other things. I would make sure that all of the police and fire stations have updated equipment. I believe that this is important because we need the people living in Longmont to feel as safe as possible. Most importantly, I would like to introduce after school programs where kids from troubled homes could stay and work on schoolwork. I want to try and keep teenagers off the streets and keep them focusing on school. I believe it is important to keep children in school and out of trouble. If I were elected mayor I would help make Longmont the best place to live. 10 If I were elected mayor of my town I would try to make my town the best place to live. I would make the people my first priority. The people run the town, and I want to try to help their needs in any way I can. Not only do I want my town to be the best place to live, but I want a close town where everybody knows everybody. I don't want people to be strangers with each other wherever they go. Many events could help achieve this goal like public parades, barbeques, concerts, and dances. These events could bring the whole town together and create new relationships between people. If I were mayor I would add more public buildings such as: gyms, libraries, churches, pools, and malls. To achieve this goal, I would need to collect tax such as property tax and sales tax. If I were mayor I would try to provide many services especially aiming to support the poor and put them on their feet. During all of these events going on in the town, I would like to be active in them as much as possible. In every town there are always leaders and special people that help protect the town. People like firemen, policemen, and doctors. I would like to provide more events to support and honor all that they have done for their towns. Being mayor means organizing the town and making sure it doesn't get out of control. To prevent accidents, I would like to make laws to stop people from speeding. I would also like to make laws to stop people from littering, and laws designed to keep the town a healthy and clean environment. I would try to meet the people's needs, so I would increase jobs to have the people have a nicer life. 10 Another way to keep the people happy in my town is to assign days where I look at their letters or have meetings with them to listen to new ideas to make the town a better place to live. With all that is going on in my town, I would like to advertise my town in some way to bring tourists to my town. Hopefully when tourists come they would love my town enough to spread the word and increase the population of my town. There are many things I would do if I were mayor and I believe that doing all of these would make for an awesome town. 11 If I Were Mayor.... If I were Mayor of the town of Parker, Colorado there would be a few changes for the benefit of the community. I would help make Parker a more friendlier place where the residents are proud to live, I would create more revenue through taxes and I would help people in need. Helping create a stronger sense of pride and community would be a priority especially since I have personally experienced how important this is in my life. In 2013, we moved across the country to Charleston, South Carolina and recently moved back to Parker, something that really affected my perspective on my town. When I moved to Charleston, I noticed that many people in Charleston seemed passionate about where they live, with bumper stickers, signs, and even key chains that had their state flag. People seemed genuinely proud of where they live, like they were the lucky ones. Then I was thinking, why not Parker? With increased pride and a sense of community, our town would have a lot more growth with people wanting to explore our town; resulting in more tourists which wili help put our tiny town on the map! There are so many ways to help our town, with a key one being to increase our tax revenue. Our town is considered a bedroom community, where most of the residents live in town but have to drive elsewhere to work. Therefore, Parker doesn't have as many businesses to employ it's residents. Businesses make money which converts into tax. So if Parker can get more companies to bring their stores to town, more revenue and opportunities for employment will result. A simple way to get businesses to come to Parker is to give them a tax break. Getting more companies to move into Parker is a continuous circle of cash for the town with increased revenue, employment and home ownership. While increasing town revenue is of value, helping the needy is a priority. When I become mayor I would focus on being a generous town. Many in Parker are more affluent than others, so we shouldn't be greedy. Parker has a whole aquifer under the city. Other places don't have an aquifer so they have to pay for their water. We can just take the water out of the ground! We can help these places by sharing our water with them. Water is our most precious resource! Also, some in Parker are not exposed to those less fortunate, as I have seen in other parts of the country. When I moved to South Carolina I realized just how good we had it in Parker and want to continue to help others in Parker and neighboring communities. Changing our tax income, helping others and making our town more friendlier can make our town grow big! With all of these changes with me as major, our community and it's residents will benefit for the better. Overall this will make the town of Parker more outstanding than it already is. 12 My Great Plan If I were elected mayor, I would want to satisfy the citizens in our city and make money. Out of the three major governments, none affects citizens more than the local governments. As a mayor, I understand that for dreams to come true you need money and a plan. You need businesses to attract adults, parks for kids, good services and shops. 1 plan to represent our municipality strongly. As a mayor, I understand that I have to make contacts, collect money, make and follow the local laws. I also have to manage the public programs and the public safety/emergency service. I will approve of tax rates, make contracts, and handle financial difficulties. I plan to make sure that our public police and fire stations are well equipped to help the citizens. I will also make sure our municipality has emergency money for disasters like floods. Therefore, our city will be able to keep clean drinking water anti help clean up flood damage, The council members, my trustees, or aldermen, which will be elected by citizens, will help me represent our municipality like many other cities in Colorado. We would like to help improve schools and programs so that many citizens may have the best education possible. We will add a lot of scenery for those who like the Outdoors. Pedestrian and bike trails will be restored. They will also pass many historical sites. We will try to open more health and exercise gyms to help our residents become as healthy as those in other cities. As a mayor I understand that this wi11 cost a lot of money. Therefore l would approve the development of malls, so we can collect sales tax. We will encourage anyone wanting to buy property or build something, which will provide property tax. This tax will help us pay for nice roads, nice bike trails, fun parks, and to build extreme water parks like other cities have. The more shops and services, the more money the local government will collect. This will help us have profit, and we will balance our budget. 12 I would like to improve our economic development in our municipality by inviting big business owners in hopes of starting a project which will help our economic growth. The sales tax could be lowered if we get a big business like the oil drilling companies in Wyoming. i will try to increase employment and jobs in small neighborhoods and in neighborhoods with lots of unemployment. I will also try to increase youth job employment. At the end we should have happy kids at parks and educated citizens. We should have happy healthy citizens enjoying the benefits of our beautiful city. We should have good economic development. We will represent our municipality with pride. Our city will thrive from our hard work. 13 if I Were Mayor... If i were the mayor of Parker, I would change many things to make this wonderful town even better. Some of the local problems I have noticed in Parker, and would work to change are water usage and destruction of open space and wildlife. I would apply for grants and make ordinances to make Parker better. I would also use my power as mayor to suggest federal laws that would make the United States better as a whole. Parker is already a lovely place to live, but with my ideas it could be the best place to live in Colorado. one of the problems that is biggest in Parker is water usage. The average person in Parker uses 123 gallons of water a day while the average person in Denver uses only 85 gallons. About 54% of the water used daily is for landscaping. As the mayor, I would make an ordinance about having Xeriscape plants. Xeriscape plants/shrubs, or plants that can save water and use less than normal plants, can save 2,SOO or more gallons per year. I also would try to get the citizens of Parker to have high -efficiency toilets and washing machines, which can save 216-288 gallons or more per year. The destruction of the open space and wildlife in Parker is another major issue. Just last year, we had an event concerning prairie dogs living in a small open field. There was an entire colony of the prairie dogs and one day, they were just gone. A neighboring business had them exterminated, except for one. I would make ordinances to protect the wildlife and to stop problems like that from happening again. Because open space in and around Parker is being destroyed, animals are losing their habitats. Animals who are displaced from their natural habitats are more likely to move into suburban areas, which puts them and danger, as well as residents of neighborhoods. To help with this problem I would encourage companies to move into existing buildings or build in already developed areas to prevent the destruction of open space. Some of the problems that Parker is facing are not specific to just our town. Problems like discrimination are prevalent all over the United States, Although I would not have power as mayor to make federal discrimination laws, I could use my power to suggest legislation to state and national lawmakers. While all types of discrimination need to be addressed, I would focus on marriage equality. As mayor, I would encourage support and acceptance in Parker and also inspire people to talk to state and federal lawmakers. Even without having the power to make actual laws, I could still make changes on a larger scale that would promote equality. As you can see, Parker has a few issues that should be fixed. If I were the mayor of Parker, I would make ordinances about water use, protect wildlife and open space and try to promote equality in my town. 14 If I Were Mayor If I were the mayor, Parker would have many changes. Even though Parker is already a great town with a great mayor, I would make some big, productive, and helpful changes. Some people say it's hard to make something great better, but I disagree. I believe my ideas could help make Parker better everyday. Below are just a few ideas I have. My first idea is to spread more awareness about the decreasing amount of fresh water around the world. I would get people to help conserve water, so we can get more water to people around the world who really need it. A single resident in Parker uses an average of 128 gallons of water a day. Citizens in Denver use an average of 85 gallons a day. That's a big difference! We really need to strive to get that number down. Also, I have noticed that when it is raining during the summer, we have sprinklers running! That is a HUGE waste of water, especially when we are getting water from the sky. That's one problem that I would fix to help Parker, if I were the mayor. My second idea that would help Parker is if we got some businesses in the empty buildings. Over the past 2 years Parker has been expanding immensely. We have built a new police station, a new assisted living home, and some new neighborhoods. We have even built some more buildings for businesses, but they're just sitting empty, gathering dust. My strategy for getting businesses in would be to get businesses that fulfill the townspeople's needs. I would even set up a poll for the townspeople, to see which stores they need in Parker, With the results, 1 would then try to reach out to those businesses. That's one }problem currently in Parker that I would fix, if I were the mayor. My final idea that would help Parker is to keep a better eye out for citizens doing drugs. 1 think because of the recent law established in Colorado, that made recreational marijuana legal,it can negatively affect Parker. I think that more citizens will be smoking marijuana out in public, which is still against the law. That's why we meed to take a few more steps to making sure that doesn't happen. 1 would solve this problem by adding a few more police officers patrolling the town. That is the final problem that t would fix if t were the mayor of Parker. Those are just a few topics I would focus on, if 'I were the mayor. I would leave Parker's property tax and sales tax the way it is now. I would always discuss all of my ideas with the town council members before l put them into action. I would also get some opinions from the townspeople to see if they agree with my ideas. That's what I would do if I were the mayor of Parker. 15 "Ms. Mayor, What would you do to make our town a better place?" asked the reporter. "Telluride is a fantastic place. We have a wonderful ski resort, and thousands of tourists come every year to appreciate our valley and all it has to offer. Although, 1 would like to develop the Pearl Property and utilize it to create a model healthy lifestyle experience, for it is a way to educate the people, in Telluride, the surrounding towns, and all of our visitors, about the a healthy lifestyle and all of the benefits. I envision it becoming an example of sustainability that would be another draw for visitors to come from around the world. The concept would feature greenhouses to grow produce year around, chicken coops producing meat and eggs throughout the summer months and a playground to allow younger children to have fun while exercising and learning. It would be a living classroom and a model for other communities here and abroad". "Why do you believe we need this? Why would you put this on the Pearl Property?" The Pearl Property is a spectacular, valuable piece of land that represents the front door to our community, but it is woefully underutilized. It is only 7.3 acres, but what better to do than enhance the image we project to the world than with a sustainable, low impact development like this that will also help grow our tourist based economy. Colorado's obesity rates are growing at the second fastest rate in the country. We need to complete this project to help prevent our region from becoming unhealthy and to educate them on the benefits of practicing a healthy lifestyle." "What steps do you have to take to make this idea become reality? Who is involved?" "The process begins with taking the idea to town council. With the support of Council, the next step would be to go to an Inter -Governmental Council meeting to discuss the concept with other towns like Qphir, Mountain Village and Rico to hopefully gain more interest and support. At this meeting I would ask for a funding contribution from each of the towns. If each town were to contribute, we could use the pooled resources to benefit the entire region from this model healthy lifestyle experience. Also, it wouldn't take a huge amount of money from Telluride's budget (approximately 30 million). As for costs, we would need around $13,950 for each 26 foot growing dome, as well as money for the chicken coops and a playground. I believe the successful implementation of this concept will do amazing things for our community, the people in and around our region, and actually will help self fund it by drawing visitors from around the country and world to witness the example we have set. It represents a proactive step to deal with our state's obesity rates, which would also save us money in the long run. "Thank you for all of the information was provided!" concluded the reporter. 0 a Good afternoon ladies and gentlemen! My name is Kathryn Holbrooke and I'm the newly elected mayor of Telluride, Colorado. I'm sure you know that Telluride is a great town but it isn't perfect yet I want it to be as close as possible by snaking the town more sustainable and as environmentally conscious. To do this, our recycling needs to be more local and composting be mandatory. The money will come for the receptacles by issuing a fine for throwing away compostable or recyclable goods and fining anyone who recycles non recyclable goods. We already have single stream recycling but don't have good receiving as we send our glass far way just to be recycled and we would reduce CO2 emissions if we didn't have to transport it so far. Moving our recycling to the SMARTS park in Cilium has been proposed and I support that motion. Of course it's not that easy and has to make more economic sense. We could use recycled glass in roads as a replacement for gravel and in building. I'm glad we single stream recycle and am excited to improve it. Single stream recycling is where all recyclable materials (papers, metals, plastics, and glass) are mixed into a collection truck instead of being separated by the depositor. This has many benefits. For instance, single compartment trucks are cheaper to operate and purchase than trucks with multiple compartments to sort materials. I'm can be like the rest of you a lazy American. But with single stream recycling nobody has to worry about taking extra time to separate. The first thing I will have to do is get you, the voters to support an initiative on the ballot for mandatory composting, which really will be worth it. Composting is the key to our future as it's sustainable and will get us closer to our zero waste goal. Instead of wasting all our extra food scraps, the food's either fed to animals or turned into fertilizer for vegetables, which will become our dinner. It becomes a cycle and one day I hope to have our own sustainable agricultural facility but that's for next term maybe. For now we can just deposit our compost at the local farms in nearby communities. After the bill hopefully passes, it will be an ordinance and then I can try to make it a mandate. To make it easier for the citizens I will set up a pickup service for the compost. Now you may all be wondering how this benefits our community. Well let me assure you, it really does. The facts are too substantial to deny that Climate Change is upon us anymore. We may not be seeing the affect now but in fifty years we certainly will. Jared Blumenfeld, the Environmental Officer of San Francisco (a city where composting is mandatory) said composting is the "single most effective action that can be taken to reduce greenhouse gas emissions in the U.S. right now." Now I ask you, the people, to join me and help me fight the fight to take a step closer to our zero waste goal and lower our carbon footprint. 16 17 If I were Mayor... If I were the mayor of Parker, it would be a culture filled, community driven town. Recently, Parker has built a new culture center, called the Parker Arts Culture and Events Center, otherwise known as the PACE Center. This has showcased the arts for Parker; Music, Artwork, and Theater. People have been submerged into a world of creativity and design. This new center is great, but not all of Parker has seen these fine arts. We need more PACE Centers to allow everyone a chance to play an instrument, act in a community play, or try different mediums in art classes. Giving people the opportunity to showcase their talent, and maybe discover a talent the didn't know they possessed. We can start classes and give people a taste of creativity. The classes would include all the arts and allow people to try anything they wanted to, we should build at least two more in Parker. One being a class worksite, this is where we can teach inspiring cultural leaders. The second being a place to demonstrate and show the skills they have acquired. These new culture centers won't just create new cultural citizens, but it will creatively bond the community like never before. Commonalities build community, we are building opportunities to meet new people who enjoy what you have a passion to do. We build culture, culture builds commonalities, commonality build community. Building a PACE center builds a cultural community, making our town unique and exciting. If I were to be Mayor, l would also invest in recreation. Parker has many great places that you can exercise and try new sports, but we could have more. Teaching both adults and kids healthy habits is important. This makes a healier present, and a healthier future. More places to make a healthy choice makes more people aware of the better choices, and gives them places to try it. As the mayor I feel responsible for my people and I want to try and help them become the best people they can. Being fit is important and creating places where people can become fit and exercise is only bettering the community and making our town stand out for its healthy habits. Making places such as indoor swimming pools, recreationallsporting areas would encourage people to play sports and get active. People in Parker are already healthy, but encouraging those who are not and those who wish to remain healthy, deserve a place to maintain their health. Making places where people can better themselves and influence their community to stay fit is only bettering the town. Making our town fit could lower alcohol and drug useage, making our town a safe haven for those who want a healthy lifestyle. As Mayor I only want the best for Parker. Building culture and recreation will benefit the town to no end. 1 would want the best for my people as the Mayor or Parker. 18 If I Were Mayor, How Would I Make My City the Best Place to Live? If I were mayor, I would change my city's financial situation. I would raise taxes by .001 %. That equates to just one penny, or even less per day. It would bring in roughly half a million dollars per year. That money could go to paying off city debt. Since taxes are at 8.8% right now, they would increase up to 8.801 %. I would also try to grow the size of the police and fire fighting force. Grime happens in my city, and we can try to end it. I would also try to bring in tourism dollars. I would attempt to get Denverites to go to Rocky Mountain National Park. Being halfway between Denver and Estes Park, my city is a perfect place to have lunch on your way up or down. If we got more tourists, my city would bring in more revenue. With that revenue, we can eliminate more debt, fund schools better, and possibly do more. With better schools, the value of homes will go up in my city. More people could come and buy in our area. From those taxes we could fund said schools and value goes up more. Then people could sell and it is a great circle of generating income. Diving in the Mile High State, marijuana is very legal. I would not waste money trying to get it outlawed, but instead tax it heavily. If it is at 10% right now, I would double or even triple the tax on marijuana. Less people would buy, which is good, but the people that do will pay heavy taxes to fund schools, get rid debt, and pay for public services. One thing I would not do is allow people to smoke joints in public places. If they do they can pay stiff fines. For tobacco products, I would do the same tax increase. 18 Our mall needs a new remodel and soon. I would try to get big stores in there. With a desired mall with sought after stores, many potential tax paying customers would come to my city from all over. If my city is a popular one, more people would come to buy homes and fund schools. We could make our elementary, middle, and high schools the best in the country. Being in the Front Range in the very square state of Colorado, oil is all around my city. If we allowed fracking, we could make millions of dollars off these bigwig oil companies. Fracking is completely safe and in no way dangerous to city residents. There are many ways my city makes money. Whether you call it bucks, dough, fun tickets, green backs, or just money, my city and cities all over the country need it. There are countless ways cities and municipalities generate income and I expressed how I would get it if I were mayor. 19 If I were elected /Mayor.... If I were elected mayor of my town I would do many things to improve it. Some things I would do would be to make city parks nicer to be in and cleaner as well. A new mall would be built to help keep citizens shopping in town. Also I would set plans to build new buildings to replace old, run down ones. Those are a few things I would do if I was elected mayor. The first thing I would do is raise all taxes. I would do this to get money for projects to be done to make my town a better place. The money would go to nicer parks and public spaces, a new mall, and new stores. With more money, we would have more opportunities to build new public buildings. The tax money would go to the new mall first. Once the mall is built the town will receive more revenue because people shop at the mall. This extra money would then help fund newer building. The mall would be my number one priority because it would increase my town's revenue. The next thing I would do would be improving my town's public parks. Using the money from the mall and the extra tax dollars, I would fix all the parks. Newer and safer playground equipment would be installed. Every park would have a basketball court, hockey/ soccer arena, and an open field for everything else. Nicer and cleaner public buildings would be put in the parks, and they would be kept clean and sanitary by cleaning services. Lastly I would improve my town's home and apartment areas. New apartments and neighborhoods would be built to accommodate people moving in to work at the new mall or other businesses in town. The new apartments would be more spacious and nicer than the pre- existing apartments. There would be an outdoor pool, a gym, and a play area for children in the complex. The same ideas would apply to the neighborhoods but on a larger scale. The 19 neighborhoods would have a pool and a park in the middle for kids to play in and for parties, or to accommodate the home owner's needs. The neighborhoods would be built as close to schools as possible to help with travel time and to help with safety so kids aren't walking across town to get home. The living spaces for incoming citizens would be unproved. Those would be my ideas to improve my town if I was elected mayor. Keeping people spending money in town is very important because it will increase the tax revenue to keep everything clean and new. Another important thing is to give residents something to do in town like go to the park and relax. If people in my town like where they live then they will stay here, and they will continue to help the town grow. That are some things I would do if I was elected mayor. TOWN OF FRASER - JOINT FACILITIES BALANCE SHEET APRIL 30, 2014 JOINT FACILITIES FUND ASSETS 40-10100 CASH ALLOCATED TO OTHER FUNDS 11,623.50 40-10210 JFOC CHECKING -GMB 0318047507 98,523.87 40-10215 GMB MONEY MARKET -O&M RESERVE 30,995.14 40-11550 A/R - WPR 14,621.14 40-11560 A/R - GC#1 23,383.64 40-11570 A/R - TOF 12,939.94 TOTAL ASSETS LIABILITIES AND EQUITY LIABILITIES 40-20920 JFOC O&M RESERVE 191,979.00 TOTAL LIABILITIES FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES - YTD 108.23 BALANCE - CURRENT DATE 108.23 TOTAL FUND EQUITY 192,087.23 191, 979.00 108.23 TOTAL LIABILITIES AND EQUITY 192,087.23 REVENUE 40-30-100 INTEREST - O&M ACCOUNTS 40-30-200 O&M REIMBURSEMENT - WPR 40-30-210 O&M REIMBURSEMENT - GC#1 40-30-220 O&M REIMBURSEMENT - TOF 40-30-900 MISCELLANEOUS REVENUE 40-30-999 CARRYOVER BALANCE TOTALREVENUE TOTAL FUND REVENUE TOWN OF FRASER - JOINT FACILITIES REVENUES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 JOINT FACILITIES FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 27.61 108.23 400.00 291.77 27.1 14,621.14 48,495.81 235,827.00 187,331.19 20.6 23,383.64 77,559.49 376,180.00 298,620.51 20.6 12,939.96 42,919.62 204,002.00 161,082.38 21.0 .00 .00 2,000.00 2,000.00 .0 .00 .00 192,116.00 192,116.00 .0 50,972.35 169,083.15 1,010,525.00 841,441.85 16.7 50,972.35 169,083.15 1,010,525.00 841,441.85 16.7 TOWN OF FRASER - JOINT FACILITIES EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 JOINT FACILITIES FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT PLANT EXPENDITURES 40-85-110 SALARIES 12,979.09 56,514.01 192,326.00 135,811.99 29.4 40-85-210 HEALTH INSURANCE 2,940.73 11,625.26 50,400.00 38,774.74 23.1 40-85-220 FICA TAX 924.25 4,051.28 14,713.00 10,661.72 27.5 40-85-230 RETIREMENT 519.16 2,070.53 7,693.00 5,622.47 26.9 40-85-250 UNEMPLOYMENT TAX 38.94 169.55 577.00 407.45 29.4 40-85-280 TRAINING PROGRAMS .00 460.00 3,000.00 2,540.00 15.3 40-85-290 TRAVEL - MEALS AND LODGING .00 671.22 2,500.00 1,828.78 26.9 40-85-295 MEALS - LOCAL BUSINESS .00 .00 200.00 200.00 .0 40-85-310 LEGAL FEES .00 .00 5,000.00 5,000.00 .0 40-85-320 AUDIT FEE .00 .00 5,000.00 5,000.00 .0 40-85-330 ENGINEERING FEES .00 660.00 15,000.00 14,340.00 4.4 40-85-350 SLUDGE REMOVAL 4,195.45 10,507.94 65,000.00 54,492.06 16.2 40-85-370 PROFESSIONAL SERVICES 243.60 974.40 20,000.00 19,025.60 4.9 40-85-375 REIMBURSABLE PROF SERVICES .00 .00 1,000.00 1,000.00 .0 40-85-410 BANK CHARGES .00 .00 100.00 100.00 .0 40-85-430 INSURANCE - PLANT .00 .00 35,000.00 35,000.00 .0 40-85-440 ADVERTISING .00 22.11 500.00 477.89 4.4 40-85-460 PLANT MAINTENANCE AND REPAIR 3,508.12 10,601.31 40,000.00 29,398.69 26.5 40-85-475 GROUNDS MAINTENANCE .00 .00 2,000.00 2,000.00 .0 40-85-480 EQUIPMENT RENTAL .00 .00 500.00 500.00 .0 40-85-490 PROFESSIONAL MEMBERSHIPS .00 .00 500.00 500.00 .0 40-85-500 OPERATING SUPPLIES 85.56 618.06 20,000.00 19,381.94 3.1 40-85-506 OPERATING SUPPLIES - CHEMICALS 4,577.04 12,470.90 85,000.00 72,529.10 14.7 40-85-510 EQUIPMENT PURCHASE AND REPAIR 1,578.00 2,420.43 20,000.00 17,579.57 12.1 40-85-520 TESTING 4,374.00 9,353.08 55,000.00 45,646.92 17.0 40-85-525 PERMITS .00 .00 10,000.00 10,000.00 .0 40-85-560 UTILITIES - TELEPHONE 171.27 799.09 5,500.00 4,700.91 14.5 40-85-562 UTILITIES - ELECTRICITY 13,204.18 40,164.98 140,000.00 99,835.02 28.7 40-85-565 UTILITIES - NATURAL GAS 522.64 1,729.71 6,000.00 4,270.29 28.8 40-85-567 UTILITIES - PLANT GENERATOR .00 .00 2,500.00 2,500.00 .0 40-85-569 UTILITIES - TRASH REMOVAL 161.90 647.60 3,500.00 2,852.40 18.5 40-85-650 VEHICLE EXPENSES 920.81 2,443.46 6,500.00 4,056.54 37.6 40-85-690 MISCELLANEOUS EXPENSE .00 .00 1,000.00 1,000.00 .0 TOTAL PLANT EXPENDITURES 50,944.74 168,974.92 816,009.00 647,034.08 20.7 TOTAL FUND EXPENDITURES 50,944.74 168,974.92 816,009.00 647,034.08 20.7 NET REVENUE OVER EXPENDITURES 27.61 108.23 194,516.00 194,407.77 .1 TOWN OF FRASER - JOINT FACILITIES BALANCE SHEET APRIL 30, 2014 JFF - CRR/CIP FUND ASSETS 47-10100 CASH - COMBINED FUND ( 11,623.50) 47-10220 COLOTRUST 8006 - CRR 31,877.85 47-10310 CB MONEY MARKET - CRR 245,862.71 47-10410 GMB MONEY MARKET - CRR 34,235.59 47-10521 CDARS - 1014540756 - CRR 382,602.42 47-10522 CDARS - 1014540802 - CRR 382,602.45 47-10523 CDARS - 1014540837 - CRR 382,551.15 47-10524 CDARS - 1015381732 - CRR 201,070.60 47-10525 CDARS - 1015300856 - CRR 366,049.94 47-10526 CDARS - 1015300872 - CRR 383,009.23 TOTAL ASSETS LIABILITIES AND EQUITY LIABILITIES 47-20910 JFOC - CRR FUNDS 2,393,842.46 TOTAL LIABILITIES FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES - YTD 4,395.98 BALANCE - CURRENT DATE 4,395.98 TOTAL FUND EQUITY 2,398,238.44 2,393,842.46 4,395.98 TOTAL LIABILITIES AND EQUITY 2,398,238.44 TOWN OF FRASER - JOINT FACILITIES REVENUES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 JFF - CRR/CIP FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT CRR AND CIP FUND REVENUES 47-30-100 INTEREST INCOME - CRR ACCOUNTS 47-30-990 CRR CARRYOVER BALANCE TOTAL CRR AND CIP FUND REVENUES TOTAL FUND REVENUE 1,098.12 .00 4,395.98 .00 15,000.00 2,396,684.00 10,604.02 2,396,684.00 29.3 .0 1,098.12 4,395.98 2,411,684.00 2,407,288.02 .2 1,098.12 4,395.98 2,411,684.00 2,407,288.02 .2 TOWN OF FRASER - JOINT FACILITIES EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 JFF - CRR/CIP FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT CAPITAL RPLMNTRESERVE PROJECTS 47-60-730 CRR PROJECTS .00 .00 248,000.00 248,000.00 .0 TOTAL CAPITAL RPLMNTRESERVE PROJEC .00 .00 248,000.00 248,000.00 .0 CAPITAL IMPROVEMENT PROJECTS 47-65-730 CIP PROJECTS .00 .00 134,000.00 134,000.00 .0 TOTAL CAPITAL IMPROVEMENT PROJECTS .00 .00 134,000.00 134,000.00 .0 CAPITAL PURCHASES 47-69-740 CAPITAL PURCHASES .00 .00 150,000.00 150,000.00 .0 TOTAL CAPITAL PURCHASES .00 .00 150,000.00 150,000.00 .0 TOTAL FUND EXPENDITURES .00 .00 532,000.00 532,000.00 .0 NET REVENUE OVER EXPENDITURES 1,098.12 4,395.98 1,879,684.00 1,875,288.02 .2 Town of Fraser Sales Tax Report - Actual Collections Jan Feb March April May June July Aug Sept Oct Nov Dec Total Budget Amt +/- 2011 2012 $ Amt +/- % +/- 2012 2013 $ Amt +/- % +/- 2013 2014 $ Amt +/- % +/- $139,733 $135,024 -4,709 -3.49 $135,024 $154,698 19,674 12.72 $154,698 $166,660 11,962 7.18 $132,193 $144,032 11,840 8.22 $144,032 $148,979 4,946 3.32 $148,979 $146,266 -2,713 -1.85 $159,740 $150,273 -9,467 -6.30 $150,273 $171,102 20,829 12.17 $171,102 $177,000 5,898 3.33 $110,982 $118,196 7,214 6.10 $118,196 $109,023 -9,173 -8.41 $109,023 $0 -109,023 #DIV/0! $77,649 $84,564 6,915 8.18 $84,564 $87,347 2,783 3.19 $87,347 $0 -87,347 #DIV/0! $114,2681 $131,359 17,0911 13.01 1 $131,359 $119,942 -11,417 -9.52 1 $119,942 $0 -119,942 #DIV/0! $142,320 $209,054 66,734 31.92 $209,054 $220,039 10,985 4.99 $220,039 $0 -220,039 #DIV/0! $191,380 $128,839 -62,541 -48.54 $128,839 $121,671 -7,168 -5.89 $121,671 $0 -121,671 #DIV/0! $108,044 $115,404 7,360 6.38 $115,404 $119,707 4,302 3.59 $119,707 $0 -119,707 #DIV/0! $90,443 $88,338 -2,105 -2.38 $88,338 $96,456 8,118 8.42 $96,456 $0 -96,456 #DIV/0! $106,888 $106,965 77 0.07 $106,965 $117,709 10,744 9.13 $117,709 $0 -117,709 #DIV/0! $171,1821 $178,196 7,015 3.94 1 $178,196 $188,083 9,887 5.26 1 $188,083 $0 -188,083 #DIV/0! $174,816 $174,237 -579 -0.33 $174,237 $0 -174,237 #DIV/0! $1,544,822 $1,590,245 45,423 2.94 $1,590,245 $1,654,756 64,511 4.06 $1,654,756 $489,925 -1,164,830 -70.39 $1,550,000 $1,550,000 0 0.00 $1,550,000 $1,600,000 50,000 3.13 $1,600,000 $1,650,000 50,000 3.03 -$5,178 $40,245 $40,245 $54,756 50,0001 3.13 $54,756 -$1,160,075 $1,650,000 50,000 -0.33 2.60 2.601 2.60 3.42 $54,7561 1 3.42 -70.31 Town of Fraser Sales Tax Report -Adjusted Collections Prev Yr Jan Feb March April May June July Aug Sept Oct Nov Dec Total Budget Amt +/- 2011 2012 $ Amt +/- %, +/- 2012 2013 $ Amt +/- % +/- 2013 2014 $ Amt +/- % +/- $139,733 $135,024 -4,709 -3.49 $21,722 $10,012 -11,710 -116.96 $10,012 $8,212 -1,800 -21.92 $132,193 $144,032 11,840 8.22 $137,782 $154,926 17,144 11.07 $154,926 $162,220 7,294 4.50 $159,740 $150,273 -9,467 -6.30 $141,872 $146,589 4,717 3.22 $146,589 $151,704 5,115 3.37 $110,982 $118,196 7,214 6.10 $164,692 $173,553 8,861 5.11 $173,553 $167,789 -5,764 -3.44 $77,649 $84,564 6,915 8.18 $101,628 $108,934 7,306 6.71 $108,934 $0 -108,934 #DIV/0! $114,2681 $131,359 17,0911 13.01 1 $82,457 $85,539 3,082 3.60 1 $85,539 $0 -85,539 #DIV/0! $142,320 $209,054 66,734 31.92 $124,870 $122,603 -2,267 -1.85 $122,603 $0 -122,603 #DIV/0! $191,380 $128,839 -62,541 -48.54 $142,786 $148,427 5,641 3.80 $148,427 $0 -148,427 #DIV/0! $108,044 $115,404 7,360 6.38 $190,176 $202,817 12,641 6.23 $202,817 $0 -202,817 #DIV/0! $90,443 $88,338 -2,105 -2.38 $114,569 $115,474 905 0.78 $115,474 $0 -115,474 #DIV/0! $106,888 $106,965 77 0.07 $85,853 $99,529 13,676 13.74 $99,529 $0 -99,529 #DIV/0! $171,1821 $178,196 7,0151 3.94 1 $107,022 $112,116 5,094 4.54 $112,116 $0 -112,116 #DIV/0! $174,816 $174,237 -579 -0.33 $174,237 $0 -174,237 #DIV/0! $1,544,822 $1,590,245 45,423 2.94 $1,550,000 $1,550,000 0 0.00 $1,590,245 $1,654,756 64,511 4.06 $1,654,756 $489,925 -1,164,831 -70.39 -$5,178 $40,245 $1,550,000 $1,600,0001 50,0001 3.13 $1,600,000 $1,650,000 50,000 3.03 -0.33 2.601 $40,245 $54,7561 1 $54,756 -$1,160,075 0.011 0.011 1 1 2.60 3.421 1 3.42 -70.31 TOWN OF FRASER COMBINED CASH INVESTMENT APRIL 30, 2014 COMBINED CASH ACCOUNTS 01-10200 GENERAL CHECKING #878-000884 01-10220 GENERAL CO -01-0160-8001 TOTAL COMBINED CASH 01-10100 CASH ALLOCATED TO OTHER FUNDS TOTAL UNALLOCATED CASH CASH ALLOCATION RECONCILIATION 10 ALLOCATION TO GENERAL FUND 20 ALLOCATION TO CONSERVATION TRUST FUND 30 ALLOCATION TO CAPITAL EQUIP REPLACEMENT FUND 32 ALLOCATION TO CAPITAL ASSET FUND 40 ALLOCATION TO DEBT SERVICE FUND 50 ALLOCATION TO WATER FUND 55 ALLOCATION TO WASTEWATER FUND TOTAL ALLOCATIONS TO OTHER FUNDS ALLOCATION FROM COMBINED CASH FUND - 01-10100 ZERO PROOF IF ALLOCATIONS BALANCE 193,595.94 7,451,478.97 7,645,074.91 ( 7,645,074.91) .00 2,643,949.95 2,439.97 501,280.80 113, 927.66 698,362.34 985,936.33 2,699,177.86 7,645,074.91 ( 7,645,074.91) .00 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:13PM PAGE: 1 TOWN OF FRASER BALANCE SHEET APRIL 30, 2014 GENERALFUND 10-10100 CASH - COMBINED FUND 10-10290 CASH WITH TREASURER 10-11100 PROPERTY TAXES RECEIVABLE 10-11550 ACCTS REC - BILLINGS 10-12000 ALLOWANCE FOR DOUBTFUL ACCTS. 10-12500 FORFETURES DUE TOF FROM CCOERA 10-21760 TOTALASSETS LIABILITIES AND EQUITY LIABILITIES 10-21000 ACCRUED WAGES 10-21710 FWT/FICA PAYABLE 10-21730 STATE WITHHOLDING PAYABLE 10-21740 UNEMPLOYMENT TAXES PAYABLE 10-21750 RETIREMENT PLAN PAYABLE 10-21755 457 DEFERRED COMP PAYABLE 10-21760 HEALTH INSURANCE PAYABLE 10-21773 DEPENDENT CARE PAYABLE 10-21775 FLEX HEALTH PLAN PAYABLE 10-22210 DEFERRED TAXES 10-22920 SUBDIVISION IMP SECURITY DEP 10-22930 DRIVEWAY PERMIT SURETY 10-22950 RENTAL PROPERTY DEPOSITS HELD 10-22960 COMMUNITY DONATIONS -PROJECTS TOTAL LIABILITIES 10-27000 RESFUND BAL -SAVINGS 10-27100 RESTRICTED FUND BALANCE UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES - YTD 1.616.528.44 BALANCE - CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY 2,643,949.95 1,413.28) 195,916.00 51, 753.46 20,409.55) 24, 540.96 9,089.53 3,448.00 260.40 2,870.92 2,199.60 16,052.10 1,186.63) 4,633.49 195,916.35 7,779.00 12,500.00 750.00 279,353.72 750,000.00 221,805.00 1,616,528.44 2,588,333.44 2,867,687.16 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:13PM PAGE: 2 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT TAXES 10-31-100 GENERAL FUND PROPERTY TAX 12,723.45 81,211.01 195,000.00 113,788.99 41.7 10-31-200 SPECIFIC OWNERSHIP TAX 766.36 2,511.51 8,500.00 5,988.49 29.6 10-31-300 MOTOR VEHICLE TAX 395.00 1,063.00 4,200.00 3,137.00 25.3 10-31-400 TOWN SALES TAX 146,265.85 312,925.78 1,650,000.00 1,337,074.22 19.0 10-31-410 USE TAX - BUILDING MATERIALS 27,976.77 27,856.77 55,000.00 27,143.23 50.7 10-31-420 USE TAX - MOTOR VEHICLE SALES 2,264.11 13,071.99 45,000.00 31,928.01 29.1 10-31-430 STATE CIGARETTE TAX 328.49 690.86 5,000.00 4,309.14 13.8 10-31-800 FRANCHISE FEES 10,947.12 14,478.77 49,000.00 34,521.23 29.6 TOTAL TAXES 201,667.15 453,809.69 2,011,700.00 1,557,890.31 22.6 LICENSES & PERMITS 10-32-100 BUSINESS LICENSE FEES 400.00 580.00 12,000.00 11,420.00 4.8 10-32-110 REGULATED INDUSTRY FEES/TAXES .00 7,480.05 22,500.00 15,019.95 33.2 TOTAL LICENSES & PERMITS 400.00 8,060.05 34,500.00 26,439.95 23.4 CHARGES FOR SERVICES 10-34-100 ANNEXATION FEES .00 .00 1,000.00 1,000.00 .0 10-34-110 ZONING FEES 2,500.00 2,500.00 1,500.00 ( 1,000.00) 166.7 10-34-120 SUBDIVISION FEES 7,000.00 8,300.00 1,500.00 ( 6,800.00) 553.3 10-34-130 MISCELLANEOUS PLANNING FEES .00 120.00 1,000.00 880.00 12.0 TOTAL CHARGES FOR SERVICES 9,500.00 10,920.00 5,000.00 ( 5,920.00) 218.4 MISCELLANEOUS REVENUE 10-36-100 INTEREST EARNINGS 248.09 1,024.79 3,500.00 2,475.21 29.3 10-36-300 RENTAL INCOME 405.00 3,250.00 8,000.00 4,750.00 40.6 10-36-610 REIMBURSABLE - PROF SERVICES 1,219.10 6,241.66 50,000.00 43,758.34 12.5 10-36-900 MISCELLANEOUS REVENUE 674.87 13,331.23 35,000.00 21,668.77 38.1 TOTAL MISCELLANEOUS REVENUE 2,547.06 23,847.68 96,500.00 72,652.32 24.7 OTHER SOURCES & TRANSFERS 10-39-999 CARRYOVER BALANCE .00 2,009,109.67 1,937,333.00 ( 71,776.67) 103.7 TOTAL OTHER SOURCES & TRANSFERS .00 2,009,109.67 1,937,333.00 ( 71,776.67) 103.7 TOTAL FUND REVENUE 214,114.21 2,505,747.09 4,085,033.00 1,579,285.91 61.3 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:13PM PAGE: 3 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT TOWN BOARD 10-41-110 SALARIES .00 4,120.00 26,000.00 21,880.00 15.9 10-41-220 FICA TAX .00 315.18 1,989.00 1,673.82 15.9 10-41-280 TRAINING PROGRAMS 715.00 1,360.89 2,000.00 639.11 68.0 10-41-290 TRAVEL, MEALS AND LODGING 556.00 1,069.99 5,000.00 3,930.01 21.4 10-41-295 MEALS AND ENTERTAINMENT 644.98 1,884.87 8,000.00 6,115.13 23.6 10-41-690 MISCELLANEOUS EXPENSE 160.00 275.00 3,000.00 2,725.00 9.2 10-41-860 GRANTS AND AID TO AGENCIES .00 500.00 .00 ( 500.00) .0 10-41-861 INTERGOVERNMENTAL AGREEMENTS .00 .00 19,000.00 19,000.00 .0 10-41-862 FRASER/WINTER PARK POLICE DEPT 33,849.00 135,396.00 412,080.00 276,684.00 32.9 10-41-863 STREET LIGHTING AND SIGNALS 1,446.24 4,541.58 14,500.00 9,958.42 31.3 10-41-864 SPECIAL EVENTS .00 .00 20,000.00 20,000.00 .0 10-41-867 CHAMBER OF COMMERCE - IGA .00 .00 54,945.00 54,945.00 .0 10-41-868 WINTER SHUTTLE - IGA 10,400.00 41,600.00 52,000.00 10,400.00 80.0 10-41-870 BUSINESS DIST STREETSCAPE .00 .00 5,000.00 5,000.00 .0 10-41-871 BUSINESS ENHANCEMENT PROGRAMS .00 .00 90,000.00 90,000.00 .0 TOTAL TOWN BOARD 47,771.22 191,063.51 713,514.00 522,450.49 26.8 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:13PM PAGE: 4 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT ADMINISTRATION 10-45-110 SALARIES 14,823.74 72,031.80 209,116.00 137,084.20 34.5 10-45-210 HEALTH INSURANCE 2,799.25 13,996.25 36,378.00 22,381.75 38.5 10-45-220 FICA TAX 1,058.18 5,169.17 15,997.00 10,827.83 32.3 10-45-230 RETIREMENT 582.18 2,619.81 8,365.00 5,745.19 31.3 10-45-250 UNEMPLOYMENT TAX 44.46 216.05 627.00 410.95 34.5 10-45-280 TRAINING PROGRAMS .00 181.30 2,500.00 2,318.70 7.3 10-45-290 TRAVEL, MEALS AND LODGING .00 3,416.77 3,000.00 ( 416.77) 113.9 10-45-295 MEALS AND ENTERTAINMENT 109.57 164.93 3,500.00 3,335.07 4.7 10-45-310 LEGAL FEES 2,211.82 10,412.95 50,000.00 39,587.05 20.8 10-45-320 AUDIT FEES 8,800.00 8,800.00 12,184.00 3,384.00 72.2 10-45-330 ENGINEERING FEES .00 .00 5,000.00 5,000.00 .0 10-45-360 COMPUTERS -NETWORKS AND SUPPORT 1,796.39 10,347.43 45,000.00 34,652.57 23.0 10-45-370 OTHER PROFESSIONAL SERVICES 1,000.00 4,599.00 105,000.00 100,401.00 4.4 10-45-375 REIMBURSABLE PROF SERVICES 312.00 693.18 50,000.00 49,306.82 1.4 10-45-380 JANITORIAL SERVICES 843.19 2,265.77 15,000.00 12,734.23 15.1 10-45-385 TREASURER'S FEES 254.46 1,624.22 5,850.00 4,225.78 27.8 10-45-395 RECORDING FEES .00 .00 1,000.00 1,000.00 .0 10-45-410 BANK CHARGES 41.24 346.94 800.00 453.06 43.4 10-45-420 ELECTIONS 469.43 541.63 5,000.00 4,458.37 10.8 10-45-430 INSURANCE - ALL DEPARTMENTS 19,703.75 41,822.50 50,000.00 8,177.50 83.7 10-45-440 ADVERTISING 60.70 156.68 2,500.00 2,343.32 6.3 10-45-490 PROFESSIONAL MEMBERSHIPS .00 3,945.12 7,000.00 3,054.88 56.4 10-45-500 OPERATING SUPPLIES 593.74 2,770.25 12,000.00 9,229.75 23.1 10-45-510 EQUIPMENT PURCHASE AND REPAIR .00 6,740.75 15,000.00 8,259.25 44.9 10-45-550 POSTAGE .00 174.60 1,500.00 1,325.40 11.6 10-45-560 UTILITIES -TELEPHONE 426.40 1,950.36 6,060.00 4,109.64 32.2 10-45-561 UTILITIES - NATURAL GAS .00 1,500.76 5,700.00 4,199.24 26.3 10-45-562 UTILITIES - ELECTRICITY 464.65 1,484.63 6,700.00 5,215.37 22.2 10-45-569 UTILITIES - TRASH REMOVAL 100.00 413.69 1,500.00 1,086.31 27.6 10-45-670 PROP MGMT - 117 EISENHOWER DR 545.84 3,738.75 12,000.00 8,261.25 31.2 10-45-671 PROP MGMT - 105 FRASER AVE .00 76.75 500.00 423.25 15.4 10-45-673 PROP MGMT - 153 FRASER AVE 95.00 337.89 23,000.00 22,662.11 1.5 10-45-674 PROP MGMT - 200 EISENHOWER DR .00 52.00 500.00 448.00 10.4 10-45-676 PROP MGMT - 400 DOC SUSIE AVE 59.70 247.14 2,500.00 2,252.86 9.9 10-45-690 MISCELLANEOUS EXPENSE .00 1,000.00 7,500.00 6,500.00 13.3 10-45-810 LEASE/PURCHASE - PRINCIPAL .00 9,509.50 19,252.00 9,742.50 49.4 10-45-820 LEASE/PURCHASE - INTEREST .00 9,677.38 19,122.00 9,444.62 50.6 TOTAL ADMINISTRATION 57,195.69 223,025.95 766,651.00 543,625.05 29.1 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:13PM PAGE: 5 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT PUBLIC WORKS 10-60-110 SALARIES 24,943.07 124,511.62 372,252.00 247,740.38 33.5 10-60-210 HEALTH INSURANCE 5,742.25 28,402.19 80,054.00 51,651.81 35.5 10-60-220 FICA TAX 1,753.99 8,839.34 28,477.00 19,637.66 31.0 10-60-230 RETIREMENT 997.72 4,347.80 14,890.00 10,542.20 29.2 10-60-250 UNEMPLOYMENT TAX 74.82 373.49 1,117.00 743.51 33.4 10-60-280 TRAINING PROGRAMS .00 195.00 1,000.00 805.00 19.5 10-60-290 TRAVEL, MEALS AND LODGING .00 65.80 1,000.00 934.20 6.6 10-60-295 MEALS AND ENTERTAINMENT .00 82.00 500.00 418.00 16.4 10-60-330 ENGINEERING FEES 288.00 672.00 60,000.00 59,328.00 1.1 10-60-360 COMPUTER NETWORK SUPPORT .00 .00 1,500.00 1,500.00 .0 10-60-370 OTHER PROFESSIONAL SERVICES .00 325.06 2,500.00 2,174.94 13.0 10-60-475 CONTRACT SNOW REMOVAL .00 440.00 .00 ( 440.00) .0 10-60-480 EQUIPMENT RENTAL .00 .00 2,500.00 2,500.00 .0 10-60-490 PROFESSIONAL MEMBERSHIPS 100.00 500.00 250.00 ( 250.00) 200.0 10-60-500 OPERATING SUPPLIES 11,138.08 28,209.20 70,000.00 41,790.80 40.3 10-60-506 PLANTS/PLANTER SUPPLIES .00 349.80 10,000.00 9,650.20 3.5 10-60-510 EQUIPMENT PURCHASE AND REPAIR 2,259.71 5,017.31 30,000.00 24,982.69 16.7 10-60-560 UTILITIES - TELEPHONE 50.79 330.50 2,700.00 2,369.50 12.2 10-60-561 UTILITIES - NATURAL GAS .00 2,238.12 6,000.00 3,761.88 37.3 10-60-562 UTILITIES - ELECTRICITY 160.58 583.74 2,500.00 1,916.26 23.4 10-60-569 UTILITIES - TRASH REMOVAL 114.53 443.02 2,100.00 1,656.98 21.1 10-60-670 PROP MGMT - 125 FRASER AVE .00 1,256.35 2,500.00 1,243.65 50.3 10-60-673 PROP MGMT - FRASER RIVER TRAIL .00 .00 5,000.00 5,000.00 .0 10-60-674 PROP MGMT - HWY 40 PEDESTRIAN .00 .00 5,000.00 5,000.00 .0 10-60-676 PROP MGMT - OLD SCHLHOUSE PK .00 .00 500.00 500.00 .0 10-60-679 PROP MGMT - SCHOOL BUS GARAGE 107.85 1,646.64 6,500.00 4,853.36 25.3 10-60-681 PROP MGMT - COZENS RANCH PARK 342.50 3,266.25 105,000.00 101,733.75 3.1 10-60-682 PROP MGMT - AMTRAK STATION 8.99 8.99 .00 ( 8.99) .0 10-60-684 PROP MGMT - FRODO .00 .00 10,000.00 10,000.00 .0 10-60-685 MOUNTAIN MAN PARK .00 .00 500.00 500.00 .0 10-60-686 GORANSON STATION .00 .00 15,000.00 15,000.00 .0 10-60-690 MISCELLANEOUS EXPENSE .00 .00 1,200.00 1,200.00 .0 10-60-725 STREET IMPROVEMENTS 1,666.07 3,110.70 75,000.00 71,889.30 4.2 TOTAL PUBLIC WORKS 49,748.95 215,214.92 915,540.00 700,325.08 23.5 120 ZEREX AVENUE 10-65-370 OTHER PROFESSIONAL SERVICES .00 .00 10,000.00 10,000.00 .0 10-65-380 JANITORIAL SERVICES 450.00 1,300.00 5,500.00 4,200.00 23.6 10-65-560 UTILITIES - TELEPHONE 50.79 203.24 500.00 296.76 40.7 10-65-561 UTILITIES - NATURAL GAS .00 431.49 1,500.00 1,068.51 28.8 10-65-562 UTILITIES - ELECTRICITY 76.23 248.58 1,000.00 751.42 24.9 10-65-670 PROP MGMT - 120 ZEREX 86.29 97.98 8,000.00 7,902.02 1.2 TOTAL 120 ZEREX AVENUE 663.31 2,281.29 26,500.00 24,218.71 8.6 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:13PM PAGE: 6 TRANSFERS 10-90-940 TRANSFER TO DEBT SERVICE FUND TOTALTRANSFERS 10-95-110 SALARIES 10-95-210 HEALTH INSURANCE 10-95-220 FICA TAX 10-95-230 RETIREMENT 10-95-250 UNEMPLOYMENT TAX 1to] /_\1111111a6YN_1w[e1A111 TOTAL FUND EXPENDITURES NET REVENUE OVER EXPENDITURES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT .00 247,373.00 247,373.00 .00 100.0 .00 247,373.00 247,373.00 .00 100.0 128.41 6,617.95 .00 ( 6,617.95) .0 ( 56.26) 2,884.47 .00 ( 2,884.47) .0 10.86 472.98 .00 ( 472.98) .0 5.14 264.72 .00 ( 264.72) .0 .39 19.86 .00 ( 19.86) .0 88.54 10,259.98 .00 ( 10,259.98) .0 155,467.71 889,218.65 2,669,578.00 1,780,359.35 33.3 58,646.50 1,616,528.44 1,415,455.00 ( 201,073.44) 114.2 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:13PM PAGE: 7 TOWN OF FRASER BALANCE SHEET APRIL 30, 2014 CONSERVATION TRUST FUND ASSETS 20-10100 CASH -COMBINED FUND 2,439.97 TOTAL ASSETS 2,439.97 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES - YTD 2,439.97 BALANCE - CURRENT DATE 2,439.97 TOTAL FUND EQUITY 2,439.97 TOTAL LIABILITIES AND EQUITY 2,439.97 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:13PM PAGE: 8 REVENUE 20-30-100 CONS TRUST (LOTTERY) PROCEEDS 20-30-800 INTEREST EARNINGS 20-30-999 CARRYOVER BALANCE TOTALREVENUE TOTAL FUND REVENUE NET REVENUE OVER EXPENDITURES TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 CONSERVATION TRUST FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT .00 .70 .00 1,545.40 1.39 893.18 6,100.00 10.00 402.00 ( 4,554.60 8.61 491.18) 25.3 13.9 222.2 .70 2,439.97 6,512.00 4,072.03 37.5 .70 2,439.97 6,512.00 4,072.03 37.5 .70 2,439.97 6,512.00 4,072.03 37.5 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:13PM PAGE: 9 TOWN OF FRASER BALANCE SHEET APRIL 30, 2014 CAPITAL EQUIP REPLACEMENT FUND ASSETS 30-10100 CASH -COMBINED FUND 501,280.80 TOTAL ASSETS 501,280.80 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES - YTD 501,280.80 BALANCE - CURRENT DATE 501,280.80 TOTAL FUND EQUITY 501,280.80 TOTAL LIABILITIES AND EQUITY 501,280.80 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:13PM PAGE: 10 30-30-100 HWY USE TAX PROCEEDS 30-30-800 INTEREST EARNINGS 30-30-920 TRANSFER FROM UTILITY FUNDS 30-30-999 CARRYOVER BALANCE TOTALREVENUE TOTAL FUND REVENUE TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 3,365.47 10,513.53 44,594.00 34,080.47 23.6 47.71 181.58 300.00 118.42 60.5 .00 20,000.00 20,000.00 .00 100.0 .00 470,585.69 470,019.00 ( 566.69) 100.1 3,413.18 501,280.80 534,913.00 33,632.20 93.7 3,413.18 501,280.80 534,913.00 33,632.20 93.7 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:13PM PAGE: 11 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 30-40-755 HEAVY EQUIPMENT PURCHASE .00 .00 50,000.00 50,000.00 .0 30-40-810 LEASE/PURCHASE - PRINCIPAL .00 .00 40,938.00 40,938.00 .0 30-40-820 LEASE/PURCHASE - INTEREST .00 .00 4,480.00 4,480.00 .0 TOTAL EXPENDITURES .00 .00 95,418.00 95,418.00 .0 TOTAL FUND EXPENDITURES .00 .00 95,418.00 95,418.00 .0 NET REVENUE OVER EXPENDITURES 3,413.18 501,280.80 439,495.00 ( 61,785.80) 114.1 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 12 TOWN OF FRASER BALANCE SHEET APRIL 30, 2014 CAPITAL ASSET FUND ASSETS 32-10100 CASH -COMBINED FUND 113,927.66 TOTAL ASSETS 113,927.66 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES - YTD 113,927.66 BALANCE - CURRENT DATE 113,927.66 TOTAL FUND EQUITY 113,927.66 TOTAL LIABILITIES AND EQUITY 113,927.66 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 13 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT CAPITAL ASSET REVENUE 32-30-100 RESERVED FOR FUTURE USE .00 .00 2,250,000.00 2,250,000.00 .0 32-30-800 INTEREST EARNINGS 11.23 44.01 5.00 ( 39.01) 880.2 32-30-999 CARRYOVER FUND BALANCE .00 103,883.65 .00 ( 103,883.65) .0 TOTAL CAPITAL ASSET REVENUE 11.23 103,927.66 2,250,005.00 2,146,077.34 4.6 TOTAL FUND REVENUE 11.23 103,927.66 2,250,005.00 2,146,077.34 4.6 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 14 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT CAPITAL ASSET EXPENDITURES 32-40-810 CAPITAL PROJ- STREETS EXISTING 32-40-815 CAPITAL PROJ - STREETS NEW TOTAL CAPITAL ASSET EXPENDITURES TOTAL FUND EXPENDITURES NET REVENUE OVER EXPENDITURES .00 ( 10,000.00) .00 10,000.00 .0 .00 .00 2,250,000.00 2,250,000.00 .0 .00 ( 10,000.00) 2,250,000.00 2,260,000.00 ( .4) .00 ( 10,000.00) 2,250,000.00 2,260,000.00 ( .4) 11.23 113,927.66 5.00 ( 113,922.66) 22785 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 15 40-10100 CASH -COMBINED FUND 40-10290 CASH WITH TREASURER 40-11100 PROPERTY TAXES RECEIVABLE TOTAL ASSETS LIABILITIES AND EQUITY IE"\ MMbdlK� 40-22210 DEFERRED PROPERTY TAXES TOTAL LIABILITIES cl lKlm -1 11- 40-27000 RESFUND BAL-1 YEARS PAYMENT 40-27100 RESTRICTED FUND BALANCE UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES - YTD BALANCE - CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY TOWN OF FRASER BALANCE SHEET APRIL 30, 2014 DEBT SERVICE FUND 698, 362.34 ( 577.26) 80,000.00 80,000.00 300,000.00 116,732.14 281,052.94 281,052.94 697,785.08 17, 7oc — FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 16 REVENUE 40-30-100 PROPERTY TAX 40-30-200 SPECIFIC OWNERSHIP TAX 40-30-800 INTEREST EARNINGS 40-30-910 TRANSFER IN FROM GENERAL FUND TOTAL REVENUE TOTAL FUND REVENUE TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 5,196.59 33,169.16 80,000.00 46,830.84 41.5 313.00 990.05 3,000.00 2,009.95 33.0 65.25 184.13 250.00 65.87 73.7 .00 247,373.00 247,373.00 .00 100.0 5,574.84 281,716.34 330,623.00 48,906.66 85.2 5,574.84 281,716.34 330,623.00 48,906.66 85.2 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 17 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 40-40-385 TREASURER'S FEES GO BOND 103.94 663.40 2,000.00 1,336.60 33.2 40-40-810 BOND PRINCIPAL - 02 S&U ISSUE .00 .00 25,000.00 25,000.00 .0 40-40-811 BOND PRINCIPAL - 98 GO ISSUE .00 .00 40,000.00 40,000.00 .0 40-40-812 BOND PRINCIPAL - 98 S&U ISSUE .00 .00 170,000.00 170,000.00 .0 40-40-820 BOND INTEREST - 02 S&U ISSUE .00 .00 7,013.00 7,013.00 .0 40-40-821 BOND INTEREST - 98 GO ISSUE .00 .00 9,676.00 9,676.00 .0 40-40-822 BOND INTEREST - 98 S&U ISSUE .00 .00 45,360.00 45,360.00 .0 40-40-850 BOND AGENT FEES .00 .00 2,500.00 2,500.00 .0 40-40-910 TRANSFER TO DSF RESERVES .00 .00 29,074.00 29,074.00 .0 TOTAL EXPENDITURES 103.94 663.40 330,623.00 329,959.60 .2 TOTAL FUND EXPENDITURES 103.94 663.40 330,623.00 329,959.60 .2 NET REVENUE OVER EXPENDITURES 5,470.90 281,052.94 .00 ( 281,052.94) .0 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 18 50-10100 CASH - COMBINED FUND 50-10290 CASH W/TREASURER- COLLECTIONS 50-11500 A/R CUSTOMER SERVICE CHARGES 50-16100 LAND 50-16200 BUILDINGS 50-16203 WELLS SYSTEM 50-16212 WATER DISTRIBUTION/STORAGE 50-16213 WELLS 50-16400 EQUIPMENT 50-16500 WATER RIGHTS 50-17900 ACCUMULATED DEPRECIATION 50-17901 ACCUMULATED DEPR - BLDGS& IMPR 50-17902 ACCUMULATED DEPR- SYSTEM&IMPR TOTAL ASSETS LIABILITIES AND EQUITY 50-21100 ACCRUED PTO AND BENEFITS 50-22910 ROAD CUT SURITY FEES TOTAL LIABILITIES I40I11I mKlmlb&I 50-27000 RESFUND BAL - O & M UNAPPROPRIATED FUND BALANCE: 50-29800 RETAINED EARNINGS REVENUE OVER EXPENDITURES - YTD BALANCE - CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY TOWN OF FRASER BALANCE SHEET APRIL 30, 2014 WATER FUND 985,936.33 970.23 20,321.93 100,000.00 2,928,912.49 768,371.74 9,845,211.82 1,076,740.43 353,994.02 19,775.86 ( 3,542,825.67) ( 72,684.00) 12,184,185.18 4,114.74 15, 860.00 19,974.74 460,000.00 11,176,957.39 527,253.05 11, 704, 210.44 12,164, 210.44 12,184,185.18 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 19 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT FEES & TAXES CUSTOMER SERVICE CHARGES .00 180,063.01 722,080.00 542,016.99 50-31-200 FRASER FIRMING REVENUE .00 12,601.38 50,000.00 37,398.62 25.2 TOTAL FEES & TAXES .00 12,601.38 50,000.00 37,398.62 25.2 LICENSES & PERMITS 8,000.00 .0 50-34-300 WATER METER SALES .00 50-32-100 EXCAVATION PERMIT FEES .00 .00 200.00 200.00 .0 TOTAL LICENSES & PERMITS .00 .00 200.00 200.00 .0 CHARGES FOR SERVICES 50-34-100 CUSTOMER SERVICE CHARGES .00 180,063.01 722,080.00 542,016.99 24.9 50-34-150 PENALTIES & INTEREST 902.18 1,988.52 1,000.00 ( 988.52) 198.9 50-34-200 PLANT INVESTMENT FEES .00 .00 8,000.00 8,000.00 .0 50-34-300 WATER METER SALES .00 .00 500.00 500.00 .0 TOTAL CHARGES FOR SERVICES 902.18 182,051.53 731,580.00 549,528.47 24.9 MISCELLANEOUS REVENUE 50-36-100 INTEREST EARNINGS 82.09 329.78 1,000.00 670.22 33.0 50-36-900 MISCELLANEOUS REVENUE 100.00 3,623.00 2,500.00 ( 1,123.00) 144.9 TOTAL MISCELLANEOUS REVENUE 182.09 3,952.78 3,500.00 ( 452.78) 112.9 OTHER SOURCES & TRANSFERS 50-39-999 CARRYOVER BALANCE .00 573,820.00 438,348.00 ( 135,472.00) 130.9 TOTAL OTHER SOURCES & TRANSFERS .00 573,820.00 438,348.00 ( 135,472.00) 130.9 TOTAL FUND REVENUE 1,084.27 772,425.69 1,223,628.00 451,202.31 63.1 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 20 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT Iy:UJ�I�IY��Ie]7y 50-40-110 SALARIES 10,123.23 44,501.44 173,250.00 128,748.56 25.7 50-40-210 HEALTH INSURANCE 1,875.03 8,106.34 33,600.00 25,493.66 24.1 50-40-220 FICA TAX 735.83 3,223.12 13,254.00 10,030.88 24.3 50-40-230 RETIREMENT 315.30 1,443.13 6,930.00 5,486.87 20.8 50-40-250 UNEMPLOYMENT TAX 30.42 131.64 520.00 388.36 25.3 50-40-280 TRAINING PROGRAMS .00 110.00 3,000.00 2,890.00 3.7 50-40-290 TRAVEL, MEALS AND LODGING .00 .00 3,000.00 3,000.00 .0 50-40-295 MEALS AND ENTERTAINMENT 20.80 75.25 2,000.00 1,924.75 3.8 50-40-310 LEGAL FEES 7,601.00 20,846.90 85,000.00 64,153.10 24.5 50-40-330 ENGINEERING FEES 3,049.00 5,751.75 60,000.00 54,248.25 9.6 50-40-360 COMPUTERS -NETWORKS AND SUPPORT 250.00 871.17 10,000.00 9,128.83 8.7 50-40-370 OTHER PROFESSIONAL SERVICES 12,882.07 21,819.48 5,000.00 ( 16,819.48) 436.4 50-40-430 INSURANCE .00 .00 25,000.00 25,000.00 .0 50-40-440 ADVERTISING .00 .00 500.00 500.00 .0 50-40-460 SYSTEM REPAIR AND MAINT - PROD .00 3,978.20 70,000.00 66,021.80 5.7 50-40-465 SYSTEM REPAIR ANDMAINT -DIST .00 1,402.91 45,000.00 43,597.09 3.1 50-40-490 PROFESSIONAL MEMBERSHIPS 60.00 1,815.00 8,000.00 6,185.00 22.7 50-40-500 OPERATING SUPPLIES -PRODUCTION 2,729.61 5,546.46 25,000.00 19,453.54 22.2 50-40-505 OPERATING SUPPLIES-DISTRIB 343.62 2,911.76 25,000.00 22,088.24 11.7 50-40-510 EQUIPMENT PURCHASE AND REPAIR .00 1,398.22 12,000.00 10,601.78 11.7 50-40-520 TESTING 340.20 490.20 5,000.00 4,509.80 9.8 50-40-550 POSTAGE & BILLING SUPPLIES 300.00 329.75 3,500.00 3,170.25 9.4 50-40-560 UTILITIES - TELEPHONE 211.33 909.40 3,500.00 2,590.60 26.0 50-40-562 UTILITIES - ELECTRICITY 2,923.08 9,510.52 50,000.00 40,489.48 19.0 50-40-670 PROP MGMT - FRASER WTP .00 .00 5,000.00 5,000.00 .0 50-40-680 PROP MGMT - MARYVALE WTP .00 .00 5,000.00 5,000.00 .0 50-40-690 MISCELLANEOUS EXPENSE .00 .00 2,000.00 2,000.00 .0 50-40-715 WATER RIGHTS - DIVERSION & DEV .00 .00 35,000.00 35,000.00 .0 50-40-730 CAPITAL PROJECTS .00 .00 160,000.00 160,000.00 .0 50-40-760 FRASER FIRMING - CAPPROJ .00 .00 50,000.00 50,000.00 .0 50-40-930 TRANSFER TO CERF .00 10,000.00 10,000.00 .00 100.0 50-40-970 TRANSFER TO O&M RESERVES .00 100,000.00 100,000.00 .00 100.0 TOTAL EXPENDITURES 43,790.52 245,172.64 1,035,054.00 789,881.36 23.7 TOTAL FUND EXPENDITURES 43,790.52 245,172.64 1,035,054.00 789,881.36 23.7 NET REVENUE OVER EXPENDITURES ( 42,706.25) 527,253.05 188,574.00 ( 338,679.05) 279.6 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 21 55-10100 CASH - COMBINED FUND 55-10290 CASH W/TREASURER- COLLECTIONS 55-11500 A/R CUSTOMER SERVICE CHARGES 55-15950 CAP REPL RES HELD W/JFOC 55-15955 O&M RESERVE HELD W/JFOC 55-16100 LAND 55-16200 SEWER TREATMENT PLANT 55-16210 METER BUILDING & IMPROVEMENTS 55-16220 SEWER COLLECTION SYSTEM 55-16250 CONSOLIDATED COLLECTION SYSTEM 55-16400 EQUIPMENT 55-17900 ACCUMULATED DEPRECIATION 55-17905 ACCUM DEPR - PLANT/JFOC 55-17910 ACCUM DEPR - SEWER COLLECT-FSD 55-17915 ACCUM DEPR-EQUIPMENT TOTAL ASSETS LIABILITIES AND EQUITY LIABILITIES 55-21100 ACCRUED PTO AND BENEFITS TOTAL LIABILITIES - IAIPI -1 IITV UNAPPROPRIATED FUND BALANCE: 55-29800 RETAINED EARNINGS 55-29820 RETAINED EARNINGS- RESTRICTED REVENUE OVER EXPENDITURES - YTD BALANCE - CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY TOWN OF FRASER BALANCE SHEET APRIL 30, 2014 WASTEWATER FUND 10,411,720.88 861, 321.23 2,699,177.86 828.73 22,998.77 815,582.23 45,739.00 144,320.40 3,305,761.56 8,056.39 10,816,277.19 279,069.00 37,385.17 ( 801,376.42) ( 45,347.52) ( 3,296,176.72) 6,743.29 13,996,047.75 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 22 CHARGES FOR SERVICES 55-34-100 CUSTOMER SERVICE CHARGES 55-34-150 PENALTIES & INTEREST 55-34-200 PLANT INVESTMENT FEES 1,484.12 TOTAL CHARGES FOR SERVICES 484.12) MISCELLANEOUS REVENUE 55-36-100 INTEREST EARNINGS 55-36-500 JFF MANAGEMENT FEE .0 TOTAL MISCELLANEOUS REVENUE 170,691.17 OTHER SOURCES & TRANSFERS 516,864.83 55-39-999 CARRYOVER BALANCE TOTAL OTHER SOURCES & TRANSFERS TOTAL FUND REVENUE TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT .00 169,207.05 679,056.00 509,848.95 24.9 885.91 1,484.12 1,000.00 ( 484.12) 148.4 .00 .00 7,500.00 7,500.00 .0 885.91 170,691.17 687,556.00 516,864.83 24.8 247.68 .00 989.15 7,250.00 2,500.00 29,000.00 1,510.85 21,750.00 39.6 25.0 247.68 8,239.15 31,500.00 23,260.85 26.2 .00 2,699,802.00 2,624,986.00 ( 74,816.00) 102.9 .00 2,699,802.00 2,624,986.00 ( 74,816.00) 102.9 1,133.59 2,878,732.32 3,344,042.00 465,309.68 86.1 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 23 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 4 MONTHS ENDING APRIL 30, 2014 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT =vDmnlnm iDMQ 55-40-110 SALARIES 13,071.87 58,810.32 178,500.00 119,689.68 33.0 55-40-210 HEALTH INSURANCE 2,273.70 10,066.75 28,560.00 18,493.25 35.3 55-40-220 FICA TAX 959.99 4,319.72 13,655.00 9,335.28 31.6 55-40-230 RETIREMENT 441.72 1,983.70 7,140.00 5,156.30 27.8 55-40-250 UNEMPLOYMENT TAX 39.18 174.10 536.00 361.90 32.5 55-40-280 TRAINING PROGRAMS .00 .00 2,000.00 2,000.00 .0 55-40-290 TRAVEL, MEALS AND LODGING .00 .00 2,000.00 2,000.00 .0 55-40-295 MEALS AND ENTERTAINMENT 20.81 69.74 1,000.00 930.26 7.0 55-40-310 LEGAL FEES 7,601.00 20,846.90 5,000.00 ( 15,846.90) 416.9 55-40-330 ENGINEERING FEES .00 2,702.75 10,000.00 7,297.25 27.0 55-40-360 COMPUTERS -NETWORKS AND SUPPORT 250.00 871.16 6,000.00 5,128.84 14.5 55-40-370 OTHER PROFESSIONAL SERVICES 12,970.07 20,594.54 10,000.00 ( 10,594.54) 206.0 55-40-410 BANK CHARGES .00 .00 100.00 100.00 .0 55-40-430 INSURANCE .00 .00 6,000.00 6,000.00 .0 55-40-440 ADVERTISING .00 .00 500.00 500.00 .0 55-40-460 SYSTEM REPAIR AND MAINT-COLLEC .00 .00 160,000.00 160,000.00 .0 55-40-490 PROFESSIONAL MEMBERSHIPS .00 1,185.00 6,000.00 4,815.00 19.8 55-40-500 OPERATING SUPPLIES -COLLECTIONS .00 .00 5,000.00 5,000.00 .0 55-40-510 EQUIPMENT PURCHASE AND REPAIR .00 502.00 2,500.00 1,998.00 20.1 55-40-520 TESTING .00 .00 1,000.00 1,000.00 .0 55-40-550 POSTAGE & BILLING SUPPLIES 300.00 300.00 2,500.00 2,200.00 12.0 55-40-560 UTILITIES - TELEPHONE .00 63.63 500.00 436.37 12.7 55-40-650 WW TREATMENT CHARGES/JFOC 12,451.77 29,979.66 204,002.00 174,022.34 14.7 55-40-690 MISCELLANEOUS EXPENSE .00 .00 3,000.00 3,000.00 .0 55-40-730 CAPITAL PROJECTS .00 .00 60,000.00 60,000.00 .0 55-40-930 TRANSFER TO CERF .00 10,000.00 10,000.00 .00 100.0 TOTAL EXPENDITURES 50,380.11 162,469.97 725,493.00 563,023.03 22.4 TOTAL FUND EXPENDITURES 50,380.11 162,469.97 725,493.00 563,023.03 22.4 NET REVENUE OVER EXPENDITURES ( 49,246.52) 2,716,262.35 2,618,549.00 ( 97,713.35) 103.7 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 24 TOWN OF FRASER BALANCE SHEET APRIL 30, 2014 GENERAL FIXED ASSETS ASSETS 91-16100 LAND 730,630.35 91-16200 ADMINISTRATION BUILDING 208,379.39 91-16203 MAINTENANCE BUILDING 57,722.51 91-16208 HOUSE - 400 DOC SUSIE AVE 54,839.27 91-16209 VISITOR CENTER 183,895.00 91-16211 BUSBARN & 105 FRASER AVE HOUSE 100,000.00 91-16250 CHURCH 267,000.00 91-16306 PARKS 367,800.08 91-16311 STREET IMPROVEMENTS 3,439,840.00 91-16312 HIGHWAY 40 PATH 8,872.00 91-16490 EQUIPMENT - OTHER 872,015.00 91-16500 OFFICE EQUIPMENT 57,261.75 91-17900 ACCUMULATED DEPRECIATION ( 2,260,048.61) TOTAL ASSETS LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 91-29800 INVESTMENT IN FIXED ASSETS 4,088,206.74 BALANCE - CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY 4,088,206.74 4,088,206.74 4,088,206.74 4,088,206.74 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 25 TOWN OF FRASER BALANCE SHEET APRIL 30, 2014 GENERAL LONG-TERM DEBT 3,131,161.31 360,000.00 2,035,000.00 475,000.00 15,677.17 245,484.14 3,131,161.31 3,131,161.31 3,131,161.31 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 26 ASSETS 95-18100 AMOUNT TO BE PROVIDED TOTAL ASSETS LIABILITIES AND EQUITY LIABILITIES 95-25050 2002 SERIAL BONDS 95-25060 1998 REVENUE REFUNDING BONDS 95-25070 1998 GENERAL OBLIGATION BONDS 95-25200 ACCRUED COMPENSATED ABSENCES 95-25500 CAPITAL LEASES KOMATSU LOADER TOTAL LIABILITIES TOTAL LIABILITIES AND EQUITY TOWN OF FRASER BALANCE SHEET APRIL 30, 2014 GENERAL LONG-TERM DEBT 3,131,161.31 360,000.00 2,035,000.00 475,000.00 15,677.17 245,484.14 3,131,161.31 3,131,161.31 3,131,161.31 FOR ADMINISTRATION USE ONLY 33 % OF THE FISCAL YEAR HAS ELAPSED 05/11/2014 12:14PM PAGE: 26 TOWN OF WINTER PARK, CO Town MARCH 2014r� SALES, LODGING, AND ACCOMMODATION TAX REPORT The Town of Winter Park Sales, Lodging, and Accommodation Tax Report examines tax collections for the month of March 2014, which were remitted to the Town in April 2014, and includes an analysis for the year-to-date results along with prior year results. SUMMARY RESULTS FOR SALES, LODGING AND ACCOMMODATION TAX For the month, March sales, lodging, and accommodations tax collections increased $38,000 (5%) as compared to 2013 and increased $35,000 (5%) as compared to budget. March 2014 is the third highest March sales tax collections in Town history. For March, Retail, Restaurant/Bar, Service/Other and Utilities reflect an increase over the prior year while Lodging remained flat. All areas had increases over the prior year with Downtown and Old Town/Ski Area Retail & Restaurant/Bar having the largest gains for the month. For the year through March, collections increased $85,000 (4%) as compared to 2013 and increased $88,000 (5%) as compared to budget. Old Town/Ski Area collected 52% of total tax while the Downtown area represents 36% of the year-to-date collections. For the ski season (Nov 2013 - Mar 2014), 2014 is trending higher than the prior ski season reflecting an increase of $256,000 (11 %) and is the second highest collections for a ski season in Town history. Current Month Year -To -Date YTD YTD 14-13 YTD 14-12 YTD 14-11 YTD 14-10 YTD 14-09 YTD 14-08 5% Tax 2014 2013 % 2012 % 2011 % 2010 % 2009 % 2008 % Sales Tax March March 14-13 March 14-12 March 14-11 March 14-10 March 14-09 March 14-08 5% Tax 2014 2013 % 2012 % 2011 % 2010 % 2009 % 2008 % Sales Tax 559,307 518,384 8% 456,085 23% 481,325 16% 469,333 19% 462,214 21% 585,527 -4% Lodging/Accommodation Tax 282,723 285,673 -1% 244,000 16% 246,277 15% 240,102 18% 215,961 31% 282,480 0% Monthly Total 842,030 804,057 5% 700,085 20% 727,602 16% 709,435 19% 678,175 24% 868,007 -3% Year -To -Date YTD YTD 14-13 YTD 14-12 YTD 14-11 YTD 14-10 YTD 14-09 YTD 14-08 5% Tax 2014 2013 % 2012 % 2011 % 2010 % 2009 % 2008 % Sales Tax 1,389,273 $1,317,408 5% 1,203,484 15% 1,221,060 14% 1,225,546 13% 1,264,772 10% 1,494,792 -7% Lodging/Accommodation Tax 605,502 592,407 2% 516,856 17% 535,219 13% 539,597 12% 502,450 21% 635,454 -5% YTD Total 1,994,775 1,909,815 4% 1,720,340 16% 1,756,279 14% 1,765,143 13% 1,767,222 13% 2,130,246 -6% 1 TAX COMPARISON BY INDUSTRY CLASS AND LOCATION The following compares sales, lodging and accommodations tax collections for the current month and year by sector and location of the business. The tax information at this level of comparison is only available for 2013 to 2009 tax collections. RETAIL MARCH TOTAL 2014 245,771 2013 228,702 14-13 % 7% 2012 186,441 14-12 % 32% 2011 205,968 14-11 % 19% 2010 211,409 14-10 % 16% 2009 188,917 14-09 % 30% 2008 259,964 14-08 % -5% Downtown 76,912 73,576 5% 59,753 29% 70,013 10% 78,180 -2% 64,974 18% Old Town/Ski Area 143,190 1 133,066 1 8%1 109,206 1 31% 1 119,882 1 19% 1 114,882 1 25% 1 107,552 1 33% May June July In County 11,603 1 7,204 1 61% 5,350 1 117% 1 4,674 1 148% 1 4,998 1 132% 1 5,094 1 1280 Outside County 14,066 1 14,854 1 -5% 12,133 1 16% 1 11,399 1 23% 1 13,349 1 5% 1 11,295 1 25% ' . YEAR-TO-DATE TOTAL 2014 574,453 2013 529,310 % 9% 2012 460,047 % 25% 2011 485,954 % 18% 2010 503,539 % 14% 2009 487,715 % 18% 2008 646,923 % -11% Downtown 186,159 178,914 4% 149,246 25% 172,905 8% 186,461 0% 166,236 12% Old Town/Ski Area 338,343 1 307,963 1 10%1 273,923 1 24% 1 279,604 1 21% 1 278,947 1 21% 1 289,951 1 17% May June July In County 15,051 1 10,187 1 48% 7,719 1 95% 1 7,153 1 110% 1 10,023 1 50% 1 9,177 1 64% Outside County 34,900 1 32,247 1 8% 29,159 1 20% 1 26,293 1 33% 1 28,107 1 24% 1 22,349 1 56% 2 RETAIL ■ zoo9 DOWNTOWN ■ 2010 $100,000 ■ 2011 $50,000 _ ■ 2012 ■ 2013 2014 January February March April May June July August September October November December RETAIL ■ 2009 OLD TOWN/SKI AREA ■ 2010 $200,000 ■ 2011 $100,000 $ ' . ' ' ' ' ■ � - _ � ■ _ - - - ■ 2012 ■ 2013 ■ 2014 January February March April May June July August September October November December 2 RETAIL - CONTINUED RETAIL IN COUNTY ■ 2009 $20,000 2010 $15,000 ■ 2011 $10,000 ■ 2012 $5,000 ■ 2013 $ , ■� 1 1' ■ , ■ ,� ■ 2014 January February March April May June July August September October November December $40,000 $30,000 $20,000 $10,000 RETAIL OUTSIDE COUNTY January February March April May June 3 -od—I — I A4 July August September October November December ■ 2009 ■ 2010 ■ 2011 ■ 2012 ■ 2013 ■ 2014 RESTAURANT & BAR $150,000 $100,000 $50,000 $150,000 $100,000 $50,000 RESTAURANT & BAR DOWNTOWN January February March April May June i July August September October November December RESTAURANT & BAR OLD TOWN/SKI AREA January February March April May June July August September October November December 4 2009 2010 ■ 2011 2012 2013 2014 02009 2010 ■ 2011 02012 X12013 U 2014 14-13 14-12 14-11 14-10 14-09 14-08 MARCH 2014 2013 % 2012 % 2011 % 2010 % 2009 % 2008 % TOTAL 243,720 228,308 7% 200,936 21% 206,022 18% 182,945 33% 176,747 38% 241,393 1% Downtown 112,335 103,320 9% 93,932 20% 95,286 18% 73,021 54% 72,579 55% Old Town/Ski Area 131,385 124,987 5% 107,004 23% 110,736 19% 109,923 20% 104,168 26% $150,000 $100,000 $50,000 $150,000 $100,000 $50,000 RESTAURANT & BAR DOWNTOWN January February March April May June i July August September October November December RESTAURANT & BAR OLD TOWN/SKI AREA January February March April May June July August September October November December 4 2009 2010 ■ 2011 2012 2013 2014 02009 2010 ■ 2011 02012 X12013 U 2014 14-13 14-12 14-11 14-10 14-09 14-08 YEAR-TO-DATE 2014 2013 % 2012 % 2011 % 2010 % 2009 % 2008 % TOTAL 613,103 597,897 3% 543,486 13% 556,385 10% 527,545 16% 539,730 14% 636,339 -4% Downtown 270,753 263,722 3% 249,082 9% 252,871 7% 218,110 24% 219,978 23% Old Town/Ski Area 342,351 334,175 2% 294,404 16% 303,514 13% 309,440 11% 319,752 7% $150,000 $100,000 $50,000 $150,000 $100,000 $50,000 RESTAURANT & BAR DOWNTOWN January February March April May June i July August September October November December RESTAURANT & BAR OLD TOWN/SKI AREA January February March April May June July August September October November December 4 2009 2010 ■ 2011 2012 2013 2014 02009 2010 ■ 2011 02012 X12013 U 2014 L��] M 117,_Ce 11171 01,41J LODGING & ACCOMMODATIONS 14-13 14-12 14-11 14-10 14-09 $300,000 14-08 MARCH 2014 2013 % 2012 % 2011 % 2010 % 2009 % 2008 % TOTAL 282,723 285,673 -1% 244,000 16% 246,277 15% 240,103 18% 215,961 31% 282,480 0% LODGING & ACCOMMODATIONS 14-13 14-12 14-11 14-10 14-09 $300,000 14-08 YEAR-TO-DATE 2014 2013 % 2012 % 2011 % 2010 % 2009 % 2008 % TOTAL 605,502 592,407 2% 516,856 17% 535,219 13% 539,597 12% 502,450 21% 635,454 -5% LODGING & ACCOMMODATIONS TOTAL COLLECTED ■ 2009 $300,000 2010 $200,000 ■ 2011 $100,000 ■ 2012 � 2013 $- sT� ��� January February March April May June July August September October November December 2014 UTILITIES $60,000 $40,000 $20,000 January $50,000 $40,000 $30,000 $20,000 $10,000 $- January UTILITIES IN COUNTY 14-13 14-12 14-11 14-10 14-09 March 14-08 MARCH 2014 2013 % 2012 % 2011 % 2010 % 2009 % 2008 % TOTAL 49,945 48,316 3% 49,741 0% 47,872 4% 52,660 -5% 79,079 -37% 79,164 -37% In County 33,102 31,183 6% 30,951 7% 29,802 11% 29,444 12% 36,083 -8% Outside County 16,843 17,133 1 -2% 18,790 1 -10% 18,070 1 -7% 23,216 1 -27% 42,996 1 -61% $60,000 $40,000 $20,000 January $50,000 $40,000 $30,000 $20,000 $10,000 $- January UTILITIES IN COUNTY 14-13 14-12 14-11 14-10 14-09 March 14-08 YEAR-TO-DATE 2014 2013 % 2012 % 2011 % 2010 % 2009 % 2008 % TOTAL 157,907 154,624 2% 158,230 0% 143,769 10% 163,907 -4% 191,698 -18% 191,735 -18% In County 103,880 100,020 4% 96,733 7% 87,888 18% 93,400 11% 98,572 5% Outside County 54,027 54,604 1 -1% 61,497 1 -12% 55,881 1 -3% 70,507 -23% 1 93,125 1 -429/6 $60,000 $40,000 $20,000 January $50,000 $40,000 $30,000 $20,000 $10,000 $- January UTILITIES IN COUNTY UTILITIES OUTSIDE COUNTY February March April May June July August September October November December ■ 2009 2010 ■ 2011 ■ 2012 ■ 2013 2014 ■ 2009 2010 ■ 2011 ■ 2012 ■ 2013 ■ 2014 J February March April May June July August September October November December UTILITIES OUTSIDE COUNTY February March April May June July August September October November December ■ 2009 2010 ■ 2011 ■ 2012 ■ 2013 2014 ■ 2009 2010 ■ 2011 ■ 2012 ■ 2013 ■ 2014 J SERVICE & OTHER MARCH TOTAL 2014 19,871 2013 13,058 14-13 % 52% 2012 18,967 14-12 % 5% 2011 21,463 14-11 % -7% 2010 22,319 14-10 % -11% 2009 17,472 14-09 % 14% 2008 5,007 14-08 % 297% Downtown 175 152 15% 135 30% 142 23% 1,129 -84% 1,800 -100% Old Town/Ski Area 1,908 2,173 -12% 2,295 -17% 2,317 -18% 2,132 -10% - - In County 1,616 798 103% 2,209 -27% 1,595 1% 1,463 10% 873 85% -58% Outside County 16,171 9,935 63% 14,328 13% 17,409 -7% 17,595 -8% 14,799 9% YEAR-TO-DATE TOTAL 2014 43,809 2013 35,578 14-13 % 23% 2012 41,720 14-12 % 5% 2011 34,952 14-11 % 25% 2010 30,556 14-10 % 43% 2009 45,630 14-09 % -4% 2008 19,796 14-08 % 121% Downtown 182 152 20% 135 35% 998 -82% 1,129 -84% 9,122 -98% Old Town/Ski Area 5,725 6,475 -12% 6,854 -16% 7,329 -22% 2,132 169% 3,024 89% In County 2,853 2,392 19% 3,212 -11% 2,224 28% 2,254 27% 6,795 -58% Outside County 35,048 26,559 32% 31,519 11% 24,402 44% 25,041 40% 26,689 31% SERVICE & OTHER $60,000 ■ 2009 $50,000 2010 $40,000 - $30,000 ■ 2011 $20,000 ■ 2012 $10,000 02013 _ ,� 1 $ �N 2014 January February March April May June July August September October November December 7 67_a *:_i_':(eTe7►Ti 17_1:7 [+��7■'L��Z�_�_� C�1� The following compares sales tax collections for the current month and year by location of the business. For lodging properties managed by a property management company, the lodging and accommodation taxes are reflected in the geographic area of the property management company offices. GEOGRAPHIC AREA MARCH Downtown 2014 306,682 2013 307,803 14-13 % 0% 2012 257,893 14-12 % 19% 2011 270,875 14-11 % 13% 2010 240,275 14-10 % 28% 2009 226,780 14-09 % 35% 2008 320,783 14-08 % -4% Old Town/Ski Area 441,946 415,145 6% 358,431 23% 373,778 18% 379,096 17% 340,254 30% 435,583 1% In County 46,322 39,188 18% 38,510 20% 36,071 28% 35,905 29% 42,050 10% 48,653 -5% Outside County 47,081 41,922 12% 45,251 4% 46,878 0% 54,160 -13% 69,090 -32% 62,989 -25% YEAR-TO-DATE Downtown 2014 715,528 2013 713,001 14-13 % 0% 2012 619,645 14-12 % 15% 2011 653,112 14-11 % 10% 2010 598,967 14-10 % 19% 2009 580,649 14-09 % 23% 2008 784,453 14-08 % -9% Old Town/Ski Area 1,033,487 970,806 6% 870,854 19% 899,327 15% 936,843 10% 929,864 11% 1,083,960 -5% In County 121,784 112,599 8% 107,664 13% 97,265 25% 105,677 15% 114,545 6% 123,130 -1% Outside County 123,976 113,410 9% 122,177 1% 106,575 16% 123,655 0% 142,163 -13% 138,704 1 -11% 2014 YTD TAX COLLECTION BY GEOGRAPHIC AREA In Count Outside Cty 6% y-\ 6%, idikDowntown 36% Old Town/Ski Area 52% 2013 YTD TAX COLLECTION BY GEOGRAPHIC AREA In County Outside Cty 6% N 7/0� Downtown 39% illjo Old Town/Ski Area 48% 1,000,000 900,000 800,000 700,000 60( 50( 40( 30( 20( 10( SALES, LODGING AND ACCOMMODATIONS HISTORICAL COMPARISONS SALES, LODGING AND ACCOMMODATION TAX COMPARISONS BY MONTH TOTAL COLLECTED it 1,000 I, 000 Woo 1,000 1,000 1, 000 ■ 1999 January 372,479 February 404,642 March 550,117 April 222,138 May 70,305 June 119,590 July 220,219 August 178,698 September 146,385 October 82, 968 November 121,591 December 463,068 132000 341, 800 445,121 605,464 219,294 107,309 150,670 250,192 188,581 138,097 98,319 153,809 477,376 ■ 2001 396,118 435,161 586,058 286,110 74,529 138,281 252,377 185,160 140,689 92,691 127,035 459,310 02002 437,866 464,721 634,021 200,114 67,944 136,732 258,112 179,879 132,364 99,136 151,316 487,690 02003 464,206 482,183 577,772 222,202 70,753 164,763 274,987 191,786 130,387 100,142 140,673 492,297 ■2004 465,636 482,218 599,007 195,530 73,016 149,574 245,261 190,902 157,771 96,273 147,306 520,560 ■ 2005 475,853 493,717 683,745 242, 039 79,180 153,385 232,108 194,043 171,087 105,951 155,031 580,456 ■ 2006 570,565 551,930 802, 785 321,874 84,686 189,148 273,277 225,736 227,240 129,595 210,441 659,792 ■ 2007 569,129 596,582 876,348 255,276 113,752 260,183 273,104 267,169 238,698 146,095 216,322 713,391 ■ 2008 641,147 621,092 868,007 233,065 104,450 216,318 224,060 179,559 175,072 111,701 157,267 614,364 ■ 2009 563,880 525,167 678,175 234,513 105,262 195,277 209,484 186,203 189,179 102,127 157,139 593,057 ■ 2010 512,902 542, 805 709,436 251,866 97,725 157,098 214,305 19Z812 165,332 9Z548 157,639 610,366 2011 502,871 525,807 727,602 25Z507 87,521 161,595 250,334 210,231 176,447 95,795 162, 091 600,981 2012 502,299 517,956 700,085 203,100 87,169 174,678 272,955 219,843 180,454 94,880 153,135 554,761 2013 552,586 553,172 804,057 235,256 100,679 179,821 276,326 227,057 216,822 103,947 194,643 684,180 2014 573,641 579,103 842,030 - - - - - - - - - SALES, LODGING & ACCOMMODATION TAX COLLECTION DOWNTOWN 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 January February March April May June i July i August i September I October I November I December E 2003 186,050 216,502 274,068 94,855 38,853 78,285 172,064 118,390 73,387 59,362 71,992 217,888 132004 189, 887 207,596 24 7, 987 81,394 41,700 85,062 150,598 108,521 89,811 53,559 75,232 239,742 0 2005 176,642 209,770 267,426 93,554 41,267 79,262 138,438 108,790 92,455 53,214 87,103 242,741 02006 204,761 221,968 309,736 103,529 42,822 99,396 161,219 119,911 110,464 64,862 90,392 257,854 ® 2007 217,699 229,852 334,603 93,599 48,448 102,629 139,872 150,255 106,139 65,071 79,112 270,895 ■ 2008 243,252 220,418 320,783 77,884 48,347 93,834 125,674 97,840 73,717 45,459 72,886 212,444 ■ 2009 181,728 172,141 226,780 78,035 49,152 94,181 114,744 87,776 77,334 48,662 69,072 220,810 ■ 2010 171,120 187,573 240,275 89,547 42,217 74,635 118,894 100,342 78,172 51,453 70,919 221,734 s2011 188,189 194,049 270,875 88,113 30,094 79,026 139,041 100,726 90,948 45,525 62,920 224,976 ■ 2012 173,074 188,678 257,893 70,038 35,506 90,502 150,484 111,248 88,797 45,321 60,855 199,407 ■ 2013 215,401 189,797 307,803 72,535 45,830 87,541 151,451 109,582 96,971 45,852 70,072 237,820 2014 201,092 207,754 306,682 10 SALES, LODGING & ACCOMMODATION TAX COLLECTION OLD TOWN/SKI AREA 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 January February March April 227,710 257,069 92,273 May June 2,985 28,593 July August September 74,198 48,645 21,358 October November December 207,026 ■ 2003 239,159 13,966 39,555 0 2004 231,985 231,628 303,503 80,802 4,662 26,255 62,663 48,560 34,494 13,614 41,203 208,826 02005 249,817 240,337 363,428 108,041 7,285 35,955 56,095 45,100 36,936 19,501 28,064 251,150 0 2006 302,207 276,069 422,156 174,404 6,586 35,812 73,267 59,996 33,638 15,911 66,392 301,244 M2007 273,567 298,106 432,215 97,126 10,623 46,527 50,493 49,150 38,265 21,253 57,948 301,586 ■ 2008 315,331 333,046 435,583 95,582 6,754 45,416 54,078 61,109 20,631 15,399 37,523 285,321 ■ 2009 303,241 286,369 340,254 104,929 12,762 34,105 56,234 57,955 41,304 17,884 44,810 271,322 ■ 2010 268,400 289,347 379,096 107,307 12,249 28,260 65,474 60,978 34,732 15,892 47,826 276,704 ■ 2011 252,370 273,178 373,778 110,331 12,499 30,164 78,773 76,461 41,354 15,951 49,806 261,944 ■ 2012 24 7, 243 265,180 358,431 81,254 11,503 41,207 83,663 70,982 36,857 12, 082 45,539 256,535 ■ 2013 263,498 292,164 415,145 105,716 9,356 38,613 86,923 79,443 49,618 13,533 69,390 309,713 2014 289,624 301,917 441,946 11 SALES, LODGING & ACCOMMODATION TAX COLLECTION IN COUNTY 60,000 50,000 40,000 30,000 20,000 10,000 January February March April May June July August September October November December ■2003 19,438 18,776 17,844 15,101 15,976 11,878 10,915 10,351 11,306 9,571 11,896 26,170 02004 19,232 18,366 19,494 17,714 12,728 12,706 9,567 10,818 12,595 11,144 11,287 28,812 ■ 2005 22,170 19,183 24,635 21,595 14,080 15,654 13,384 12,255 17,210 11,484 17,125 31,427 © 2006 31,834 24,882 28,583 21,213 16,998 21,677 16,108 16,757 23,420 19,132 21,852 38,638 22007 27,327 27,338 48,020 25,622 21,607 44,572 22,868 19,918 44,524 23,183 31,980 54,043 ■ 2008 38,948 35,529 48,653 29,698 25,836 35,563 15,733 5,000 18,460 17,866 18,435 50,805 ■ 2009 39,984 32,511 42,050 27,386 25,237 19,262 16,756 15,722 20,093 17,179 23,712 36,765 ■ 2010 39,497 30,275 35,905 29,009 23,882 18,869 16,018 14,864 16,767 14,785 17,426 48,425 ■ 2011 31,796 29,399 36,071 30,914 24,152 20,177 13,418 14,569 17,957 15,592 20,855 40,472 ■ 2012 38,162 30,992 38,510 28,413 21,093 18,348 15,047 15,259 21,503 14,584 22,724 39,260 ■ 2013 35,340 38,071 39,188 30,223 25,179 25,377 18,257 19,097 33,002 20,257 22,001 42,911 w2014 41,191 34,272 46,322 12 SALES, LODGING & ACCOMMODATION TAX COLLECTION OUTSIDE COUNTY 100,000 90,000 80,000 70,000 ►, 000 ►, 000 ►, 000 1,000 ►, 000 WOO 02003 January 19,558 February March 19,194 28,802 April 19,973 May 12,938 June 46,007 July 17,810 August 14,400 September 24,336 October 17,245 November 17,230 December 41,213 02004 24,533 24,628 28,023 15,620 13,985 25,551 21,432 23,124 20,871 17,956 19,583 43,180 ■ 2005 27,223 23,697 28,257 18,850 16,549 22,514 24,191 27,899 24,485 21,752 22,738 55,138 02006 31,763 29,011 4Z310 22,728 18,280 32,263 22, 683 29,072 59,718 29,689 31,805 62, 056 ®2007 50,536 41,286 61,510 38,929 33,074 66,455 59,872 47,846 49,770 36,588 47,282 86,867 ■ 2008 43,616 32,099 62, 989 29,901 23,513 41,505 28,575 15,610 20,143 32,977 28,423 65,793 ■ 2009 38,927 34,146 69,090 24,162 18,111 47,729 21,750 24,750 50,449 18,402 19,545 64,161 ■ 2010 33,885 35,610 54,160 26,002 19,378 35,334 13,920 16,628 35,661 10,418 21,467 63,503 ■2011 30,516 29,181 46,878 23,149 20,780 32,228 19,103 18,475 26,188 18,728 28,510 73,588 ■ 2012 43,820 33,106 45,251 23,395 19,064 24,622 23,762 22,354 33,298 22,893 24,018 59,557 ■ 2013 38,347 33,140 41,922 26,782 20,315 28,290 19,696 18,935 37,231 24,304 33,179 93,736 ■2014 41,734 35,161 47,081 13 Memo To: Winter Park Town Council, Fraser Board of Trustees From: Glen Trainor, Chief of Police Date: May 12, 2014 Re: April, 2014 Monthly Report April slowed down considerably for the FraserNVinter Park Police Department, with 199 calls for service in Winter Park, and 110 in Fraser. Additionally, we wrote a total of 29 citations with 22 of those being issued in Winter Park. Carol McHenry, our records and court clerk, was named The Advocates "Officer of the Month" for April. She was given the award for her outstanding support to the Advocates in their mission of reducing domestic violence in Grand County. I would normally submit a list of incidents we handled during the month, however we are in the midst of going through the certification process to make our records system compliant with Federal standards. As such, we spent the month completing approximately 135 bogus reports(suspect Donald Duck) for submission to the Colorado Bureau of Investigation. This makes our monthly incident report appear that we were much busier than we actually were. I will resume submitting the log of reports taken for the May report. Please contact me if you have any questions. "COMMITTED TO EXCELLENCE" Chad Donnelly Via email: chadryandonnelly@gmail.com SUBJECT: SnowBall 2015-2017 Proposal Dear Chad: May 9, 2014 We received your Proposal for SnowBall 2015-2017 in Fraser and I discussed it with the Town Board at their most recent meeting. The Board believes SnowBall presents great opportunity. However, given public safety concerns, the difficulty associated with identifying tangible positive benefits, and very mixed reviews from the business community in 2013 regarding economic benefits of event the Board indicated that the proposal as submitted would not be acceptable, and that their support would require that the following be addressed: • The festival should be marketed as SnowBall Fraser. • Public Safety is a matter of significant concern and requires resources beyond those available to the Town of Fraser (security, traffic control, medical, and transit) and the Town would require financial compensation/reimbursement for provision of these services. A ticket surcharge may be required accordingly. • Drug abuse is not condoned in any manner by the Town of Fraser and significant drug awareness and education initiatives would be required. • Re-entry to the festival should be considered throughout the duration of the festival to provide attendees opportunities to experience the community and mitigate exposure concerns related to winter weather conditions. • The dates related to the festival would require further discussion and coordination with the local business community. It is our understanding that March is not workable for the community. • Many of the services requested in the proposal are provided by other entities and the Town cannot make commitments on their behalf (recreation center, marketing support, and lodging). • Trash removal and site restoration must be provided by the festival. I would be happy to discuss these matters in more detail with you. Best regards, Jeffrey L. Durbin Town Manger Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Treatment Plant Update: • Pre -Treatment Facilities — Everything is working well. • Secondary Treatment Facilities — Staff has started both trains to handle the infiltration at the treatment plant. • Disinfection Facilities — Although the equipment is working well, it appears that 1,389 gallons per minute is the maximum flow the current facility can handle. The e -coli results were higher than usual. • Solids Handling — Staff will be emptying one or both digesters this summer for inspection of the mixers, both tanks are 500,000 gallons. We will wait for the ground water table to drop closer to fall. • Site & Landscape — With the conclusion of snow removal, landscape examination and grounds clean-up has begun, including fence repairs. The next step is repairs to irrigation system. • Chemical Building — The linkage assembly for the bag agitator has been causing issues since equipment start-up. Factory representatives have made two trips; the first trip was only the local sales engineer and, the second trip included the sales engineer and a factory mechanic with parts. They replaced the motor drive shaft and linkage, and installed the proper sized bolts. The original linkage bolts were too small. Staff will continue to monitor the repairs. Permit Requirements — The permit compliance schedule requires that we locate the sources of the following metals: dissolved copper and total recoverable arsenic. Staff has been sampling the collection systems of all three members to locate the sources. The data results of all three have varied. The data has been forwarded to Jim McLaughlin of Merrick and McLaughlin Water Engineers. McLaughlin Water Engineers has proved engineering service to the plant since 1965. Please contact me if you have any questions. Joe Fuqua, Treatment Plant Superintendent 531-1230 or jfuqua@town.fraser.co.us Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com 2.50 2.25 2.00 1.75 1.50 Q 0 1.25 W a 1.00 O i LL 0.75 0.50 0.25 0.00 Month of February Influent z? o D E Q z z? o D R Q z z? o D E Q z z? o D E Q z z? o D E Q z z 2010 2011 2012 2013 2014 Month of March Influent 2.50 2.25 2.00 1.75 C7 1.50 Q 1.25 W a 0 1.00 i LL 0.75 0.50 0.25 0.00 o Q z z? o z z? o D z z z? o z zo z ? O LL U) U) O � ?: � LL � Ln O � N N O LL U) U)O LL U) L/) O G G 62012 G G G 2010 2011 2013 2014 2.50 2.25 2.00 1.75 1.50 Q 0 1.25 W a 1.00 O j LL 0.75 0.50 0.25 0.00 Month of April Influent z? o D E Q z z? o D R Q z z? o D E Q z z? o D E Q z z? o D E Q z z 2010 2011 2012 2013 2014 INFLUENT FLOWS UPPER FRASER VALLEY TREATMENT PLANT Date Day Influent MGD GCWS#1 Influent Flow WPR Influent Flow TOF Influent Flow 1 -Feb -14 Sat 0.62 0.265 0.136 0.219 2 -Feb -14 Sun 0.556 0.22 0.123 0.213 3 -Feb -14 Mon 0.47 0.185 0.11 0.175 4 -Feb -14 Tue 0.467 0.192 0.114 0.161 5 -Feb -14 Wed 0.449 0.168 0.098 0.183 6 -Feb -14 Thu 0.446 0.177 0.113 0.156 7 -Feb -14 Fri 0.559 0.248 0.144 0.167 8 -Feb -14 Sat 0.654 0.269 0.147 0.238 9 -Feb -14 Sun 0.608 0.261 0.134 0.213 10 -Feb -14 Mon 0.489 0.189 0.103 0.197 11 -Feb -14 Tue 0.461 0.175 0.098 0.188 12 -Feb -14 Wed 0.465 0.167 0.1 0.198 13 -Feb -14 Thu 0.473 0.196 0.112 0.165 14 -Feb -14 Fri 0.572 0.234 0.121 0.217 15 -Feb -14 Sat 0.715 0.318 0.157 0.24 16 -Feb -14 Sun 0.739 0.3 0.161 0.278 17 -Feb -14 Mon 0.612 0.234 0.118 0.26 18 -Feb -14 Tue 0.526 0.21 0.112 0.204 19 -Feb -14 Wed 0.495 0.201 0.105 0.189 20 -Feb -14 Thu 0.555 0.219 0.115 0.221 21 -Feb -14 Fri 0.654 0.286 0.139 0.229 22 -Feb -14 Sat 0.696 0.295 0.15 0.251 23 -Feb -14 Sun 0.605 0.25 0.131 0.224 24 -Feb -14 Mon 0.52 0.184 0.099 0.237 25 -Feb -14 Tue 0.511 0.188 0.101 0.222 26 -Feb -14 Wed 0.525 0.174 0.106 0.245 27 -Feb -14 Thu 0.476 0.188 0.116 0.172 28 -Feb -14 Fri 0.567 0.242 0.151 0.174 AVG. 0.553 0.223 0.122 0.208 MAX 0.739 0.318 0.161 0.278 MIN 0.446 0.167 0.098 0.156 INFLUENT FLOWS UPPER FRASER VALLEY TREATMENT PLANT Date Day Influent MGD GCWS#1 Influent Flow WPR Influent Flow TOF Influent Flow 1 -Mar -14 Sat 0.698 0.3 0.173 0.225 2 -Mar -14 Sun 0.638 0.257 0.145 0.236 3 -Mar -14 Mon 0.528 0.19 0.106 0.232 4 -Mar -14 Tue 0.552 0.19 0.104 0.258 5 -Mar -14 Wed 0.516 0.193 0.103 0.22 6 -Mar -14 Thu 0.569 0.202 0.114 0.253 7 -Mar -14 Fri 0.592 0.23 0.126 0.236 8 -Mar -14 Sat 0.657 0.268 0.148 0.241 9 -Mar -14 Sun 0.694 0.289 0.176 0.229 10 -Mar -14 Mon 0.637 0.26 0.151 0.226 11 -Mar -14 Tue 0.661 0.268 0.138 0.255 12 -Mar -14 Wed 0.62 0.249 0.123 0.248 13 -Mar -14 Thu 0.599 0.271 0.144 0.184 14 -Mar -14 Fri 0.66 0.274 0.131 0.255 15 -Mar -14 Sat 0.699 0.314 0.168 0.217 16 -Mar -14 Sun 0.692 0.296 0.167 0.229 17 -Mar -14 Mon 0.642 0.282 0.136 0.224 18 -Mar -14 Tue 0.661 0.278 0.133 0.25 19 -Mar -14 Wed 0.633 0.266 0.132 0.235 20 -Mar -14 Thu 0.629 0.27 0.133 0.226 21 -Mar -14 Fri 0.743 0.305 0.15 0.288 22 -Mar -14 Sat 0.722 0.316 0.158 0.248 23 -Mar -14 Sun 0.711 0.293 0.164 0.254 24 -Mar -14 Mon 0.665 0.272 0.14 0.253 25 -Mar -14 Tue 0.719 0.321 0.171 0.227 26 -Mar -14 Wed 0.761 0.335 0.164 0.262 27 -Mar -14 Thu 0.756 0.338 0.168 0.25 28 -Mar -14 Fri 0.737 0.337 0.17 0.23 29 -Mar -14 Sat 0.765 0.35 0.172 0.243 30 -Mar -14 Sun 0.741 0.332 0.167 0.242 31 -Mar -14 Mon 0.672 0.291 0.144 0.237 AVG. 0.664 0.279 0.146 0.239 MAX 0.765 0.35 0.176 0.288 MIN 0.516 0.19 0.103 0.184 INFLUENT FLOWS UPPER FRASER VALLEY TREATMENT PLANT Date Day Influent MGD GCWS#1 Influent Flow WPR Influent Flow TOF Influent Flow 1 -Apr -14 Tue 0.73 0.285 0.139 0.306 2 -Apr -14 Wed 0.725 0.262 0.139 0.324 3 -Apr -14 Thu 0.747 0.288 0.141 0.318 4 -Apr -14 Fri 0.808 0.302 0.142 0.364 5 -Apr -14 Sat 0.854 0.317 0.149 0.388 6 -Apr -14 Sun 0.82 0.297 0.146 0.377 7 -Apr -14 Mon 0.735 0.259 0.122 0.354 8 -Apr -14 Tue 0.872 0.287 0.156 0.429 9 -Apr -14 Wed 1.16 0.39 0.233 0.537 10 -Apr -14 Thu 1.34 0.476 0.256 0.608 11 -Apr -14 Fri 1.63 0.643 0.308 0.679 12 -Apr -14 Sat 1.73 0.699 0.299 0.732 13 -Apr -14 Sun 1.57 0.633 0.276 0.661 14 -Apr -14 Mon 1.35 0.516 0.226 0.608 15 -Apr -14 Tue 1.3 0.532 0.234 0.534 16 -Apr -14 Wed 1.37 0.524 0.24 0.606 17 -Apr -14 Thu 1.57 0.65 0.274 0.646 18 -Apr -14 Fri 2 0.827 0.308 0.865 19 -Apr -14 Sat 2.26 0.969 0.303 0.988 20 -Apr -14 Sun 2.58 1.08 0.418 1.082 21 -Apr -14 Mon 2.43 1.04 0.309 1.081 22 -Apr -14 Tue 2.26 1.03 0.293 0.937 23 -Apr -14 Wed 2.19 1 0.292 0.898 24 -Apr -14 Thu 2.1 1.01 0.294 0.796 25 -Apr -14 Fri 2.08 0.962 0.289 0.829 26 -Apr -14 Sat 2.07 0.993 0.303 0.774 27 -Apr -14 Sun 1.87 0.95 0.282 0.638 28 -Apr -14 Mon 1.679 0.829 0.254 0.596 29 -Apr -14 Tue 1.53 0.774 0.257 0.499 30 -Apr -14 Wed 1.438 0.714 0.244 0.48 AVG. 1.527 0.651 0.244 0.631 MAX 2.58 1.08 0.418 1.082 MIN 0.725 0.259 0.122 0.306 Indicates Values Resulting in a Permit Violation First Day of 30 Day Avg mg/L Influent Flow 30 Day Avg mg/L Effluent Flow TSS Percent # of 7 Day Removal Violations % Influent BODS Effluent E. Coli 7 Day Geo # of 7 Day #/100 mL Violations Daily Min. pH Effluent BODS BODS Percent the Year 1/1/2014 30 Day Avg MGD 30 Day Max # of Daily MGD Violations 30 Day Avg MGD 30 Day Max # of Daily MGD Violations 30 Day Avg lbs/day 7 Day Avg lbs/day 30 Day Avg mg/L 7 Day Avg mg/L 30 Day Avg mg/L 7 Day Avg # of 7 Day mg/L Violations Removal % Permit Limit 2.499 2.499 2.499 2.499 5600 7.09 report 660 30 45 >85.0% January 0.549 0.786 0.549 0.786 880 912 208 220 2.55 2.70 98.8% February 0.553 0.739 0.553 0.739 1141 1444 264 312 3.60 6.00 98.6% March 0.664 0.765 0.664 0.765 1355 1710 271 324 3.25 3.30 98.8% April 1.527 2.580 1 1.527 2.580 1 921 930 111 150 2.45 2.50 97.8% May August June September July October August November December September October November December 30 Day Avg mg/L Influent TSS 7 Day Avg # of 7 Day mg/L Violations 30 Day Avg mg/L Effluent TSS 7 Day Avg mg/L TSS Percent # of 7 Day Removal Violations % 30 Day Geo #/100 mL Effluent E. Coli 7 Day Geo # of 7 Day #/100 mL Violations Daily Min. pH Effluent pH Daily Max. # of Daily pH Violations Permit Limit 671 671 30 45 >85.0% 111 222 6.5 9.0 January 507 588 5.0 5.0 99.0% 1 3 6.64 7.09 February 660 880 1 5.0 5.0 99.2% 2 3 6.52 6.98 March 479 533 5.0 5.0 99.0% 2 13 6.55 7.10 April 235 352 5.0 5.0 97.9% 3 50 6.51 7.78 May June July August September October November December 30 Day Avg mg/L mg/L Effluent Ammonia Daily Maximum # of Daily mg/L mg/L Violations 2 Year Avg mg/L mg/L Daily Max mg/L Effluent TIN 30 Day Avg mg/L 2 Year Avg mg/L TIN Removal % Effluent Temperature Daily Max MWAT °C °C Permit Limit varies 15.7% varies 1.80 varies 22.1% report report report March report report January 5.6 0.14 11 0.43 NA 0.19 16.84 10.75 7.65 54.9% 13.10 12.2° February 4 0.70 13 4.30 NA 0.50 16.37 10.32 7.78 61.2% 11.00 10.20 March 2.5 0.53 20 1.20 NA 0.73 9.32 7.31 6.23 68.0% 11.20 10.20 April 13 0.23 22 1.70 2.0 0.16 9.06 6.37 5.96 20.6% 9.20 8 7° May 13 23 1.9 0.07 3.15 June 17 30 2.6 0.03 4.56 July 20 54 2.1 0.45 2.86 August 17 53 2.0 0.03 3.19 September 15 43 1.8 0.04 5.73 October 12 24 1.8 0.06 8.20 November 8 14 1.1 0.09 8.28 December 1.6 12 NA 0.22 5.74 Plant Capacity Hydraulic Organic % % Effluent TN 30 Day Avg mg/L Effluent TP 30 Day Avg mg/L Permit Limit report report report report January 22.0% 15.7% 8.24 1.80 February 22.1% 20.4% 10.86 1.75 March 26.6% 24.2% 9.48 2.45 April 61.1% 16.5% 7.52 0.43 May June July August September October November December