On the agenda: Gunnison Packet — Automated License Plate (Oct 27)

City of Gunnison City Council Agenda

Regular Session - Tuesday, October 27, 2026, at 5:30 PM
The City Council meeting is held in the Council Chambers on the second floor of City
Hall, located at 201 West Virginia Avenue, Gunnison, CO, with remote access available
via Zoom
The public may attend this City Council meeting in-person or via Zoom with phone or
computer access. For remote access please visit gunnisonco.gov/ZoomCC.
Approximate total meeting time: 2.5 hours
I. Presiding Officer Calls Regular Session to Order (silent roll call)
II. Announcements
Background: Council and/or City Staff may give announcements related to upcoming
City events, projects, or acknowledgements.
Staff Contact: Council and City Staff
Public Comment: not applicable.
Action Requested of Council: No action requested; updates only.
Estimated Time: 10 minutes
III. Western Colorado University Liaison Announcements
Background: During the academic year, the Western Colorado University Liaison may
give announcements related to upcoming University events and programs.
Staff Contact: Jestyn Smith, Western SGA Vice President for External Affairs
Public Comment: not applicable.
Action Requested of Council: No action requested; updates only.
Estimated Time: 5 minutes
IV. Public Input
At this time, members of the public may provide comments to Council in English or
Spanish on topics that are not on the agenda. Any questions will be received as
comments and potentially responded to by the appropriate staff or Council member,
following the meeting. Per Colorado Open Meetings Law, no Council discussion or
action will take place until a later date, unless an emergency situation is deemed to
exist by the City Attorney. Each speaker has a time limit of 3 minutes to facilitate
efficiency in the conduct of the meeting and to allow an equal opportunity for
everyone wishing to speak.
V.

Consent Agenda
None.

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VI. Proclamations, Recognitions, and Appointments
A. Proclamation for Arbor Day
Background: The City of Gunnison has been an Arbor Day Foundation Tree City
U.S.A. community for the past 37 years. To maintain this designation, a public
Arbor Day Observance and proclamation are required.
proclamation.
Staff Contact: Erica Boucher, City Clerk
Public Comment: limited to three minutes per speaker.
Action requested of Council: Consider a motion to approve the proclamation
proclaiming November 5, 2026, as “Arbor Day.”
Estimated time: 5 minutes
VII. Old Business
A. Intergovernmental Agreement (IGA) with Gunnison County, Subgrantee
Award for Federal Safe Streets for All Grant
Background: An opportunity exists to receive federal funds for multimodal safety
improvements along Hwy 135 and at the intersection of Tomichi Ave. And Main
Street. The funding opportunity requires the City execute an IGA with Gunnison
County as a subgrantee recipient.
Staff Contact: Pete Rice, P.E., Public Works Director
Public Comment: limited to three minutes per speaker.
Action requested of Council: Consider a motion to accept the Safe for Streets
for All Grant and authorize the Mayor to sign the Intergovernmental Agreement
with Gunnison County, as presented and subject to appropriations.
Estimated time: 15 minutes
B. Ordinance No. 6, Series 2026, Second Reading: An Ordinance of the City
Council of the City of Gunnison, Colorado, Amending Gunnison Municipal Code Title
15, Land Development Code, Chapter 15.90 Existing Nonconformities
Background: The LDC currently limits changes to existing, non-conforming land
uses. Consistent with the presentation to City Council, modifications to the LDC
are proposed to expand flexibility.
Staff Contact: Angie Ruggera, Senior Planner
Public Comment: limited to three minutes per speaker.
Actions requested of Council: Consider a motion to 1) Introduce Ordinance
No.6, Series 2026, and read the ordinance aloud by title only; and 2) To adopt
Ordinance No. 6, Series 2026, on Second Reading.
Estimated time: 5 minutes
VIII. New Business
A. Gunnison Country Chamber of Commerce Annual Report
Background: On February 24, 2026, City Council approved a contract for services
in the total amount of $82,225 with the Gunnison Country Chamber of Commerce
to assist with funding the operational expenditures of the Visitor’s Center. The
contract provides that a detailed report shall be presented by October 31, 2026.
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Staff Contact: Amanda Wilson, City Manager
Public Comment: not applicable.
Action requested of Council: No action requested; report only.
Estimated time: 15 minutes
B. Utility Customer Assistance Program Options
Background: City Council reviewed the draft financial plan for water and
wastewater on September 8, 2026 and requested that staff return with information
regarding options for providing financial assistance to customers. Staff Contact:
Amanda Wilson, City Manager
Public Comment: not applicable.
Action requested of Council: No action requested; discussion only.
Estimated time: 45 minutes
C. Contract Award, Engineering Services, Town Ditch Splitter Box
Improvements
Background: The Town Ditch Splitter Box Improvements project responds to the
2026 Irrigation Ditch Master Plan, which identified the splitter box as a priority for
enhanced flow measurement, operational control, and long-term system reliability
in anticipation of future regulatory needs. The first phase of the project is design.
Staff Contact: Pete Rice, P.E., Public Works Director
Public Comment: limited to three minutes per speaker.
Action requested of Council: Consider a motion to authorize the City Manager to
execute the agreement with Wright Water Engineers for Engineering Services for
the Town Ditch Splitter Box Improvements Project in an amount not to exceed
$57,763.
Estimated time: 15 minutes
D. Contract Award, Wastewater Treatment Plant, Screw Pump Gearbox
Replacement
Background: One of the wastewater treatment plant’s two influent screw pumps is
currently inoperable and requires replacement.
Staff Contact: Pete Rice, P.E., Public Works Director
Public Comment: limited to three minutes per speaker.
Action requested of Council: Consider a motion to authorize the City Manager to
sign and execute the purchase order with Lakeside Equipment Corporation for the
replacement Lakeside Gearbox in an amount not to exceed $62,000. Estimated
time: 10 minutes
E. State Legislative & Policy Discussion
Background: In advance of the next State Legislative Session which convenes on
January 11, 2027, general information regarding municipal advocacy efforts and
areas for potential attention will be presented as an initial discussion.

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Staff Contact: Amanda Wilson, City Manager
Public Comment: not applicable.
Action requested of Council: No action taken; discussion only.
Estimated time: 20 minutes
IX.

Regular Session Meeting Adjournment
The City Council Meeting agenda is subject to change. The City Manager and City
Attorney reports may include administrative items not listed. Regular Meetings and
Special Meetings are recorded. Meeting minutes are posted at City Hall and on the
City website within 10 business days following the meeting at
www.gunnisonco.gov. Work sessions are recorded however minutes are not
produced.
TO REQUEST INTERPRETATION SERVICES OR TO COMPLY WITH ADA
REGULATIONS, PEOPLE WITH DISABILITIES NEEDS ARE REQUESTED TO
CONTACT THE CITY CLERK 48 HOURS BEFORE ALL MEETINGS AT
970.641.8140 or email [email protected].
City of Gunnison City Council meeting video recordings can be viewed at City of
Gunnison Colorado - YouTube City of Gunnison
City Council official audio recordings and publicly noticed meetings minutes can be
viewed at www.gunnisonco.gov

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City of Gunnison Agenda Report
Date:
To:
From:
Subject:

October 27, 2026
Mayor and City Council
Erica Boucher, City Clerk
Item No. VI. A., Proclamation for Arbor Day

Strategic Framework:
On May 28, 2024, Gunnison City Council adopted the City’s Aspiration, Purpose, and
Imperative Actions to collectively serve as the City of Gunnison’s Strategic Framework.
The City’s adopted Aspirational Statement is “Gunnison is a mountain community where
education, entrepreneurship, and the outdoors converge, creating a vibrant economy
and welcoming place. We prioritize our environment and respect the dignity of each
person as we work toward collective well-being.”
Background:
The Gunnison City Council periodically presents proclamations at Regular Session City
Council meetings. Generally, they are issued to increase awareness of a cause, person,
group, issue, or achievement within the City of Gunnison that is in line with the
community’s vision and values. The City of Gunnison has been a part of the Arbor Day
Foundation’s Tree City U.S.A. program since 1989. The program recognizes cities and
communities that demonstrate a commitment to urban forestry. To maintain Gunnison’s
status as a Tree City U.S.A, the city must have a public Arbor Day celebration and issue
a proclamation. This year, staff is planning to recognize Arbor Day on November 5,
2026. More details regarding the event will be provided as the date approaches.
Staff Recommendation:
Staff recommends Council consider a motion to proclaim November 5, 2026, as “Arbor
Day 2026.”
Action:
Consider a motion to approve a proclamation recognizing November 5, 2026, as “Arbor
Day.”
Will there be any financial impact?
N/A
Has this item been budgeted?
N/A
Attachments:
1. Proclamation proclaiming November 5, 2025, as “Arbor Day.”

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PROCLAIMING NOVEMBER 5th, 2026, AS
“ARBOR DAY”
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture
that a special day be set aside for the planting of trees; and
WHEREAS, Arbor Day was first observed with the planting of more than a million trees
in Nebraska, and Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide
habitat for wildlife; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of
business areas, and beautify our community; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our
fires and countless other wood products, and

WHEREAS, each tree placed in the ground in Gunnison embodies our community's
dedication to environmental sustainability; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, and
WHEREAS, 2026 marks the 37th year the City of Gunnison has proudly been designated a
"Tree City U.S.A.".
NOW, THEREFORE, be it proclaimed that the Council, the governing body of the City of
Gunnison, Colorado, do hereby proclaim:
THURSDAY, NOVEMBER 5th 2026, TO BE
"ARBOR DAY"
in the City of Gunnison, and we urge all citizens to celebrate ARBOR DAY and to support
efforts to protect our trees and woodlands.
City Council further urges all citizens to plant trees to gladden the heart and promote the wellbeing of this and future generations.
DATED this 27th day of October, 2026.

ATTEST:

___________________________
Diego Plata, Mayor

______________________________
Erica Boucher, City Clerk

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City of Gunnison Agenda Report___
Date:
To:
From:

October 22, 2026
Mayor and City Council
Pete Rice, P.E., Public Works Director
Carly McGowan, P.E., City Engineer
Subject: Item No. VII. A., Intergovernmental Agreement with Gunnison County,
Subgrantee Award for Federal Safe Streets for All Grant
Strategic Framework:
In accordance with the City of Gunnison’s strategic framework, the proposed grant is in
service of the City’s responsibilities for multimodal infrastructure, public facilities,
recreational resources, and civic services that enable our community to function safely,
equitably, and prosperously. The grant sought leveraging partnerships that informed
critical decisions for investment in public infrastructure to meet the critical needs of today
and tomorrow to improve access, safety, and mobility for all types of transportation.
Background:
The Gunnison Valley CO-135 Safe Streets for All (SS4A) Project and the Gunnison County
Comprehensive Safety Action Plan (CSAP) was completed to improve traffic safety
outcomes along Colorado State Highway 135 (CO-135) between US Highway 50 in the
City of Gunnison and Elk Avenue in Crested Butte. The Gunnison County Comprehensive
Safety Action Plan was developed in partnership with the HWY 135 SS4A Working Group,
consisting of the Consultant Team of Fehr & Peers, Gunnison County, the City of Gunnison,
and the Town of Crested Butte. Gunnison County served as the lead agency in applying
for planning funds and managing the work that followed.
The CSAP serves as a guide for infrastructure investment on the corridor, and as a
foundation for pursuing grant funding for implementing roadway improvements on the
corridor to address location-specific and systemic safety issues. The plan
recommendations are intended to increase safety for all roadway users; mitigate
congestion and boost traffic efficiency at key intersections; and reduce greenhouse gas
and pollutant emissions in support of climate sustainability and public health.
Total Grant funding has been awarded to Gunnison County in the amount of
$19,082,000.00 to implement and construct key recommendations in the CSAP. The
estimated construction in the plan specifically allocated within the City of Gunnison is
estimated to be $1,608,818.00 and a design estimate of $388,300. The grant requires a
City of Gunnison match of $400,200.
The work included specific to the City of Gunnison includes two areas of focus. The first is
considered SH135 Corridor Improvements which includes scope to install edge-line
rumble strips, centerline rumble strips, dynamic/variable speed limit message signs,
guardrails and sidewalk connectivity pieces within the northern section of city portion of
the highway. Specific information on costs and tasks can be found in Attachment 2.
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The second area of focus is the intersection of SH135 & US50 (Main and Tomichi). The
work includes the installation of curb extensions, adjust intersection geometry, curb radii,
traffic signal modifications, crosswalks and ADA ramps as necessary.
This item went in front of City Council on October 20, 2025. The Council denied acceptance
of the grant due to unknowns regarding cost. Following the previous Council meeting, a
schematic design was initiated for the associated projects in order to better understand
cost implications of accepting the grant. Based on the preliminary design, the anticipated
cost for the improvements is a total of $1,391,090, which is within the compensation limit
of the grant. The schematic design and cost estimates are included as Attachment 3. City
staff met with FHWA, CDOT, and Gunnison County to review the schematic plans. All
parties were supportive based on what was presented in the schematic design.
Staff Recommendation:
Staff recommends moving forward with accepting the Safe Streets for All Grant and
signing the IGA with Gunnison County.
Action:
Consider a motion to accept the Safe for Streets for All Grant and authorize the Mayor to
sign the Intergovernmental Agreement with Gunnison County, as presented and subject
to appropriations.
Will there be any financial impact?
Yes. The grant requires a $400,200 local match from the City of Gunnison. All
expenditures and revenues associated with the entire scope of City’s portion of the grant
would pass through the City.
Has this item been budgeted?
This project is contemplated in the proposed 2027 Annual Budget.
Attachments:
1. Attachment 1 – IGA with Gunnison County
2. Attachment 2 – FHWA Grant Safe Streets for All
3. Attachment 3 - Safe Streets for All Preliminary Design and Cost Estimate

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ATTACHMENT 1

INTERGOVERNMENTAL AGREEMENT FOR
FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL GRANT
THIS INTERGOVERNMENTAL AGREEMENT (“IGA”) made effective on
this _____ day of ____________, 2026, between the COUNTY OF GUNNISON
and the CITY OF GUNNISON (individually “Party” and collectively “Parties”), all
of which are political subdivisions of the State.
RECITALS
WHEREAS, pursuant to the Colorado Constitution, Article XIV, Section
18(2.a.) and C.R.S.29-1-201, et seq., the State of Colorado and any of its
political subdivisions may cooperate or contract with one another to provide any
function, service or facility lawfully authorized to each of the cooperating or
contracting units, provided that such cooperation or contracts are authorized by
each Party thereto with the approval of its legislative body; and
WHEREAS, the County of Gunnison and the City of Gunnison desire to
enter into this IGA to allocate Fiscal Year 2024 Safe Streets and Roads for All
Grant (“Grant”) funding and expenditures between the Parties; and
WHEREAS, the Parties deem such an IGA to be in the best interests of
their inhabitants;
NOW, THEREFORE, the Parties in consideration of the agreements and
covenants set forth herein; do hereby enter into this IGA for the provision of
delineation of funding and expenditures under the Grant:
SECTION I
TERM OF AGREEMENT
THE TERM of this IGA shall commence with mutual execution of this
agreement and be for a period matching the duration of the subject Grant
Agreement, unless otherwise terminated in accordance with Section III below.
SECTION II
SAFE STREETS AND ROADS FOR ALL GRANT
The County of Gunnison applied for and was awarded funding from the
Grant from the Federal Highway Administration. The Safe Streets for All grant
reviewed areas where safety could be significantly improved that included
several jurisdictions within the County. The City of Gunnison has projects and
improvements within their jurisdiction that will benefit from the funding from the
Grant. Gunnison County is the fiscal agent and awardee of the Safe Street for All
grant application. The County undertook the grant application process with a
vision to address county-wide safety improvements that will need additional
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collaboration opportunities and engagement with the City of Gunnison for
planning final details of projects listed within the city limits.
The list of projects to be designed and estimated budget for each design
project within the City, along with anticipated grant funds, are shown in Exhibit A
to this IGA. The executed Fiscal Year 2024 Safe Streets and Roads for All Grant
Agreement is attached hereto as Exhibit B as executed between Gunnison
County and Federal Highways. The Fiscal Year 2024 Safe Streets and Roads for
All Grant Terms and Conditions is attached hereto as Exhibit C. The Fiscal Year
2024 Safe Streets and Roads for All Grant Exhibits are attached hereto as
Exhibit D.
Grant funds shall be disbursed only through reimbursement requests approved
and funded by the Federal Highways Administration. The City shall request
reimbursement on forms approved by the Federal Highways Administration and
submitted to the County. Project update narratives and reimbursement requests
on projects designated within Gunnison City limits shall be provided to the
County by the City quarterly. The grant fund sub-recipient is responsible for
documentation and meeting federal requirements that are agreed upon prior to
the start of each project. Each project is bound to the allocated Project Costs in
Exhibit A. There are no additional funds, and expenditures in excess of the
agreement amount will be the sub-recipient’s responsibility. The initial design of
the projects within City limits will be led by the City of Gunnison and approved
through City of Gunnison Council. Projects exceeding or not meeting the budget
described will require a contract amendment with the Federal Highway
Administration and the funds may be reallocated based on that amendment.
Gunnison County is the fiscal agent and awardee of the Grant.
SECTION III
MISCELLANEOUS
a. NO WAIVER OF GOVERNMENTAL IMMUNITY. The Parties hereto
understand and agree that the Parties are relying upon, and have not
waived, the monetary limitations and all other rights, immunities and
protection provided by the Colorado Governmental Act, § 24-10-101, et
seq., C.R.S. Nothing in this IGA is, or shall be construed to be, a waiver,
in whole or part, by the Parties of governmental immunity provided by the
Colorado Governmental Immunity Act or otherwise.
a. No Third-Party Rights. This IGA does not and shall not be deemed to
confer upon or grant to any third-party any right enforceable at law or
equity arising out of any term, covenant, or condition herein or the breach
thereof.
b. Governing Law and Venue. This IGA shall be governed by the laws of
Colorado. Venue and jurisdiction for any dispute arising from or out of this
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IGA shall lie with the District Court in and for the County of Gunnison,
State of Colorado.
c. Amendments. This IGA contains the entire agreement between the Parties
on the subject set forth herein. Any amendment of this IGA shall be made
only by written agreement duly authorized by each Party. No modification
or waiver of this IGA or any covenant, condition or provision contained
herein shall be valid unless in writing and duly executed by all Parties.
d. Authority to Enter IGA. The signatories to this IGA affirm that they are
authorized to enter into and execute this IGA, and all necessary actions,
notices, meetings and/or hearings pursuant to any law required to
authorize its execution of this IGA have been taken, held or made.
e. Non-abridgement Of Powers. Nothing in this IGA, or any determination
made by the Parties, is or shall be construed to abridge, limit, constrain,
preempt or curtail whatsoever any authority of any or all the Parties.
f. TERMINATION. Either Party shall have the right to terminate this IGA at
any time, with or without cause, upon thirty (30) days prior written notice to
the other. However, neither party may terminate this IGA related to any
project for which the City has expended or committed to the expenditure of
funds.
g. Notices. Referrals made under the terms of this IGA shall be sent to the
Parties’ representatives as follows:

ENTITY:
Gunnison County

REPRESENTATIVE:
County Manager
200 E. Virginia Ave.
Gunnison, CO 81230
With copy to:
Gunnison County Attorney
200 E. Virginia Avenue
Gunnison, CO 81230

City of Gunnison

City Manager
201 W. Virginia Ave.
Gunnison, CO 81230

IN WITNESS WHEREOF the Parties hereto agree to the foregoing IGA.
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APPROVED on __________________, 2026 by the Gunnison County Board of
County Commissioners.
COUNTY OF GUNNISON
STATE OF COLORADO
ATTEST:
__________________________
Deputy Clerk

___________________________
Laura Pucket-Daniels, Chairperson

APPROVED on __________________, 2026 by the Gunnison City Council.
ATTEST:
__________________________
City Clerk

CITY OF GUNNISON
___________________________
Diego Plata, Mayor

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Exhibit A

SH 135 Corridor Improvements
Sidewalks Design
SH 135 (Main Street) and US 50 (Tomichi Avenue)
Change Corner R Turn Radius Design
Leading Pedestrian Interval Design
Retroreflective Backplate Design
Flashing Yellow Arrow Design
Add signal head Design

SS4A Federal
Funds
$ 848,000.00
$ 848,000.00

SS4A NonFederal Match
$ 212,000.00
$ 212,000.00

Total Project
Design Costs
$ 1,060,000.00
$ 1,060,000.00

$
$
$
$
$
$

$ 188,200.00
$ 186,400.00
$
$
600.00
$
800.00
$
400.00

$
$
$
$
$
$

752,800.00
745,600.00
2,400.00
3,200.00
1,600.00

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941,000.00
932,000.00
3,000.00
4,000.00
2,000.00

Exhibit B

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Exhibit C

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Exhibit D

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ATTACHMENT 2
Budget Detail Form – Construction Programs
Lead Recipient
Program Name
Project Title

Gunnison County
Safe Streets and Roads For All
CO 135 Safety Improvements

PURPOSE
This form is intended to solicit budgetary details from organizations receiving financial
assistance (e.g., federal funding) from the Federal Highway Administration (FHWA). These
details are necessary for the FHWA Office of Acquisition & Grants Management (HCFA) to
document that elements contained in the proposed budget for the anticipated federal award are
Allowable, Allocable, and Reasonable, as defined in Title 2 of the Code of Federal Regulations,
Part 200 (2 CFR Part 200 Subpart E Cost Principles).
This form is not intended to duplicate information contained in the recipient’s application, as
submitted. Should the application, as submitted, contain any of the applicable information
requested below, recipients may insert that data into this form, or provide a citation for its
location in the application, to include the document title, section, and page number.

STANDARD FORMS
If the forms submitted in the application contain outdated and/or revised information, please
provide the Standard Forms (SFs) listed below. Forms are available at:
https://www.grants.gov/forms/forms-repository/sf-424-family
Those SF’s include the following:
• SF-424: Application for Federal Assistance
• SF-424C: Budget Information – Construction Programs

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ATTACHMENT 2
PROJECT BUDGET SUMMARY
Table 1 -- Project Budget Summary

$0.00

Non-Federal
Share
($)
$0.00

$0.00

Land, structures, rights-of-way, appraisals, etc.

$13,290

$3,322

$16,612

Relocation expenses and payments

$0.00

$0.00

$0.00

Architectural and engineering fees

$1,329,000

$332,250

$1,661,250

Other architectural and engineering fees

$0.00

$0.00

$0.00

Project Inspection fees

$0.00

$0.00

$0.00

Site Work
Demolition and Removal

$0.00
$0.00

$0.00
$0.00

$0.00
$0.00

Construction

$13,227,310

$3,306,828

$16,534,138

Equipment

$696,000

$174,000

$870,000

Miscellaneous

$0.00

$0.00

$0.00

Contingencies

$0.00

$0.00

$0.00

Cost Classification

Federal Share
($)

Administrative and Legal Expense

Total Costs
($)

Total Project Costs*
$15,265,600.00
$3,816,400.00
$19,082,000.00
*Total Project Costs Row above contain auto-sum formulas. After entering estimated costs, select the
table and press F9 to update those totals. These totals must align with those contained in the SF-424 and
SF424C. If they do not, those forms must be revised and resubmitted to FHWA.

COST SHARE
Provide a table with the sources of cost share, the type of cost share and the amounts.
Example Cost Share Sources Table
Entity

Type of Cost Share

City of Gunnison
Town of Crested Butte
Gunnison-Hinsdale
Combined Emergency
Telecommunications
Authority

Financial Support
Financial Support

Amount
($)
$ 400,200
$556,200
$174,000

Financial Support

i. Evidence of Commitment: Provide letters of commitment (IGA) from entities
providing cost share, to include the pledged amount from each entity.

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ATTACHMENT 2
COST CLASSIFICATION
1) Administrative and legal expenses
(Note: Sections 1a to 1f are for costs budgeted for the lead applicant/recipient only.)
a) Personnel
i. General: Does the recipient’s project budget contain costs for the lead recipient’s
personnel within the administrative expenses?
☐ Yes (Complete Section below)
☒ No (Move on to 1.c. Travel Section)
ii. Personnel Summary Table: Provide a budget table that includes the anticipated lead
recipient’s personnel costs and basis of personnel estimate. See Appendix A for an
example of a Personnel summary table if needed.
iii. Escalation Rate: Identify the annual direct labor escalation rate and its basis. Indicate
when and how escalation will be calculated/implemented.
b) Fringe Benefits
i. General: Does the lead applicant/recipient’s project budget contain direct costs for the
lead recipient’s fringe benefits within the administrative expenses?
☐ Yes (Complete Section below)
☒ No (Move on to 1.c. Travel Section)
ii. Fringe Benefit Summary Table: Provide the lead recipient’s fringe benefit rate(s),
basis of the fringe rate, and anticipated total costs. See Appendix A for an example of a
Fringe Benefits summary table if needed.
iii. Supporting Documentation: Provide evidence verifying that the basis fringe rate has
been approved within the organization. Examples could include a letter or other
document from the cognizant authority (e.g., CFO or Controller) within the recipient’s
organization.
c) Travel
i. General: Does the recipient’s project budget contain costs for the lead
applicant/recipient’s travel within the administrative expenses?
☐ Yes (Complete Section below)
☒ No (Move on to 1.d – Equipment Section)
ii. Travel Summary Table: Provide a budget table that includes the anticipated travel
costs. See Appendix A for an example of a Travel summary table if needed.

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ATTACHMENT 2
d) Equipment
i. General: Does the recipient’s project budget contain acquisition costs for the lead
recipient’s equipment within the administrative expenses?
☐ Yes (Complete Section below)
☒ No (Move on to 1.e - Supplies Section)
ii. Equipment Summary Table: Provide a budget table that includes the anticipated
acquisition equipment costs.
Item

Repeater Tower
Software

Basis of the estimate
(Vendor quotes or
Engineering Estimates or
price previously paid
(Acquisition History), or
Other)
Vendor quotes

Estimated Equipment Costs
($)

$800,000

Vendor quotes

$70,000.00

Total Estimated Equipment Costs

$870,000

e) Supplies
i. General: Does the recipient’s project budget contain costs for the lead recipient’s
supplies within the administrative expenses?
☐ Yes (Complete Section below)
☒ No (Move on to 1.f – Indirect Costs Section)
ii. Supplies Summary Table: Provide a budget table that describes the estimates for all
planned supply purchases. See Appendix A for an example of a Supplies summary
table if needed.
f) Indirect Costs
i. General: Does the lead recipient’s project budget contain lead recipient’s indirect costs
within the administrative expenses?
☐ Yes (Complete section below)
☒ No (Move on to 1.g – Legal Expenses Section)
ii. Rate Type:
☐ Approved indirect cost rate according to 2 CFR Part 200 (See 8.iii)
☐ No current negotiated (including provisional) rate and elects to use de minimis rate
of 15% of modified total direct costs (MTDC) on all Federal awards in accordance with
2 CFR 200.414 (f).
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ATTACHMENT 2
iii. Indirect Cost Rate Supporting Documentation: Provide the Negotiated Indirect Cost
Rate Agreement, Proposal, or Cost Allocation Plan, as applicable. (Note: No
documentation is required to justify the 10% de minimis indirect cost rate per CFR
200.414(f))
iv. Indirect Costs Summary Table: Provide the lead recipient’s indirect rate(s) and
anticipated total costs. See Appendix A for an example of an Indirect Costs summary
table if needed.
g) Legal Expenses
i. General: Does the recipient’s project budget contain costs for the lead recipient’s legal
expenses?
☐ Yes (Complete Section below)
☒ No (Move on to Section 2. - Land, structures, rights-of-way, appraisals, etc.)
ii. Legal Expenses Summary Table: Provide a budget table that describes the estimates
for all planned legal expenses. See Appendix A for an example of a Legal Expenses
summary table if needed.
2) Land, Structures, Rights-of-Way, Appraisals, etc.
i. General: Does the project budget contain any land, structures, rights-of-way, appraisals
costs?
☒ Yes (Complete section below)
☐ No (Move on to Section 3 - Relocation expenses and payments)
ii. Land, Structures, Rights-of-Way, Appraisals, etc. Summary Table: Provide a
budget table that includes the anticipated land, structures, right-of-way, and appraisals
costs.
Element

Brief description of each
element and location

Basis of the estimate
for each element

NEPA
Cement Creek Intersection
1% of Project cost
NEPA
SH 135 Improvements
1% of Project cost
NEPA
Brush Creek Intersection
1% of Project cost
NEPA
Main and Tomichi
1% of Project cost
NEPA
Red Lady
N/A
NEPA
Post Crash Care
N/A
Total Estimated Land, Structures, Rights-of-Way,
Appraisals, etc. Costs

Estimated Land, Structures, Rightsof-Way, Appraisals, etc. Costs
($)
$6,684
$3,063
$4,042
$2,823
$0
$0
$16,612

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3) Relocation Expenses and Payments
i. General: Does the project budget contain any relocation expenses and payment costs?
☐ Yes (Complete section below)
☒ No (Move on to Section 4 – Architectural and engineering fees)
ii. Relocation Expenses and Payments Summary Table: Provide a budget that includes
the anticipated Relocation expenses and payments costs. See Appendix A for an
example of a Relocation Expenses and Payments summary table if needed.
4) Architectural and Engineering (A/E) Fees
Summary: As applicable, this section should include A/E design fees that are not part of the
construction contract that are intended to be contracted out separately or performed by the
recipients/subrecipients.
i. General: Does the recipient’s project budget contain costs for A/E design fees?
☒ Yes (Complete section below)
☐ No (Move on to Section 5 - Other architectural and engineering fees)
ii. A/E Summary Table: Provide a summary table showing the cumulative amount for all
the A/E costs and proposed type of competitive procurement method for each contract.
See Appendix A for an example of an A/E summary table if needed.
iii. Supporting Documentation: Provide a detailed budget/supporting documentation for
each contractor/consultant/recipient/subrecipient listed in the A/E summary table.
The detailed budget/supporting documentation could be one of the following formats:
o Percentage-Based Estimation Justification: If percentage is being used to
estimate the contractor/consultant, provide the basis/justification of percentage
being used on the estimated budget. Note, a detailed cost/analysis will be required
prior to receiving offers on the proposal if the amount exceeds the Simplified
Acquisition Threshold (SAT).
5) Other Architectural and engineering (A/E) fees
Summary: As applicable, this section should include archeologist fees, materials testing
fees, surveying fees, and etc. that are not part of the A/E contract or the construction contract
that either is contracted out separately or performed by the recipients/subrecipients.
i. General: Does the recipient’s project budget contain costs for Other A/E fees?
☐ Yes (Complete section below)
☒ No (Move on to Section 6 - Project Inspection fees)
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ii.

Other A/E Summary Table: Provide a summary table showing the cumulative
amount for all the Other A/E costs and proposed type of competitive procurement
method for each contract.
Entity Name

City of Gunnison

Gunnison County

Gunnison County

Gunnison County

Work to be Performed/
and Project Section/Task
(2 - 3 sentences)
Intersection and Sidewalk
Improvements in the City Design Work and
Construction Management
Design Work and
Construction Management
Brush Creek Intersection Design Work and
Construction Management
Design Cement Creek
Intersection - Design Work
and Construction
Management
Design Work and
Construction Management
SH 135 Improvements Design Work and
Construction Management

Proposed Type of
Competitive
Procurement Method

Estimated A/E Costs
($)

Request for
Qualifications (RFQ)

$388,300

Request for
Qualifications (RFQ)

$404,250

Request for
Qualifications (RFQ)

$668,400

Request for
Qualifications (RFQ)

$200,300

Gunnison-Hinsdale
Combined
Design Work and
Request for
Emergency
$0
Construction Management
Qualifications (RFQ)
Telecommunication
s Authority
Town of Crested
Design and Construction
Request for
$0
Butte
Management
Qualifications (RFQ)
Total Estimated A/E Costs*
$1,661,250
* Total Costs row above contains an auto-sum formula. After entering estimated costs, select the table
and press F9 to update total.

iii. Supporting Documentation: Provide a detailed budget/supporting documentation for
each contractor/consultant/recipient/subrecipient listed in the Other A/E summary table.
The detailed budget/supporting documentation could be one of the following formats:
o Percentage-Based Estimation Justification: If percentage is being used to
estimate the contractor/consultant, provide the basis/justification of percentage
being used on the estimated budget. Note, a detailed cost/analysis will be required
prior to receiving offers on the proposals if the amount exceeds the Simplified
Acquisition Threshold (SAT).

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A class C estimate was provided as part of the application for funds. D/E/CM is
estimated to be 30% of the total construction cost for the Tomichi and Main contract
due to the level of design remaining(100%). D/E/CM is estimated to be 10% of the
total construction cost for the Cement Creek, and SH 135 contract due to the level of
design remaining and low complexity of the projects(80%). D/E/CM is estimated to
be 5% of the total construction cost for the Brush Creek contract due to the level of
design remaining (30%). D/E/CM will be 0% of the total construction cost for the
Red Lady and Post Crash items due to the D/E/CM being paid for entirely by the
awardee.
6) Project Inspection fees
Summary: As applicable, this section should include project inspection fees performed by
an A/E or by the recipients/subrecipients. These fees would not be part of the costs listed in
Section 4 - A/E fees.
i. General: Does the recipient’s project budget contain costs for Project Inspection fees?
☐ Yes (Complete section below)
☒ No (Move on to Section 7 – Site Work)
ii. Project Inspection Summary Table: Provide a summary table showing the
cumulative amount for all the Project Inspection costs and proposed type of competitive
procurement method for each contract. See Appendix A for an example of a Project
Inspection summary table if needed.
iii. Supporting Documentation: Provide a detailed budget/supporting documentation for
each contractor/consultant/recipient/subrecipient listed in the Project Inspection
summary table.
The detailed budget/supporting documentation could be one of the following formats:
o Percentage-Based Estimation Justification: If percentage is being used to
estimate the contractor/consultant, provide the basis/justification of percentage
being used on the estimated budget. Note, a detailed cost/analysis will be required
prior to receiving offers on the proposals if the amount exceeds the Simplified
Acquisition Threshold (SAT).
7) Site Work
Summary: As applicable, this section should include site work costs that are not part of the
larger construction contract and are contracted out separately or performed by the
recipients/subrecipients.
i. General: Does the recipient’s project budget contain costs for Site Work?
☐ Yes (Complete section below)
☒ No (Move on to Section 8 – Demolition and Removal)
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ii. Site Work Summary Table: Provide a summary table showing the cumulative amount
for all the Site work costs and proposed type of competitive procurement method for
each contract. See Appendix A for an example of a Site Work summary table if needed.
iii. Supporting Documentation: Provide a detailed budget/supporting documentation for
each contractor/recipient/subrecipient listed in the Site Work summary table.
The detailed budget/supporting documentation could be one of the following formats:
o Cost/Price Analyses: Detailed cost/price analysis with direct labor, fringe,
travel, equipment, supplies, others, and indirect costs. See Section 1.
Administration and Legal fees for additional information required for these
cost elements.
o Independent Estimate: Provide a current copy of the independent cost
estimate (e.g., engineer’s estimate) or provide the name of the budget file if
the cost estimate was provided in the application.
o Other Documentation: If an independent estimate is not available, explain
how the budget estimate was formulated or provide documentation that
supports the cumulative amount.
8)

Demolition and Removal
Summary: As applicable, this section should include demolition and removal costs that is
not part of the larger construction contract and is contracted out separately or is performed
by the recipients/subrecipients.
i. General: Does the recipient’s project budget contain costs for Demolition and
Removal?
☐ Yes (Complete section below)
☒ No (Move on to Section 9 – Construction)
ii. Demolition and Removal Summary Table: Provide a summary table showing the
cumulative amount for all the Demolition and Removal costs and proposed type of
competitive procurement method for each contract. See Appendix A for an example
of a Demolition and Removal summary table if needed.
iii. Supporting Documentation: Provide a detailed budget/supporting documentation
for each contractor/recipient/subrecipient listed in the Demolition and Removal
summary table.
The detailed budget/supporting documentation could be one of the following formats:
o Cost/Price Analyses: Detailed cost/price analysis with direct labor, fringe,
travel, equipment, supplies, others, and indirect costs. See Section 1.

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Administration and Legal fees for additional information required for these
cost elements.
o Independent Estimate: Provide a current copy of the independent cost
estimate (e.g., engineer’s estimate) or provide the name of the budget file if
provided in the application.
o Other Documentation: If an independent estimate is not available, explain
how the budget estimate was formulated or provide documentation that
supports the cumulative amount.
9)

Construction
Summary: As applicable, this section should include construction costs that is contracted
out separately or is performed by the recipients/subrecipients.
i. General: Does the recipient’s project budget contain costs for Construction?
☒ Yes (Complete section below)
☐ No (Move on to Section 10 – Equipment)
ii. Construction Summary Table: Provide a summary table showing the cumulative
amount for all the Construction costs and proposed type of competitive procurement
method for each contract. See Appendix A for an example of a Construction summary
table if needed.
Entity Name
City of
Gunnison
Gunnison
County
GunnisonHinsdale
Combined
Emergency
Telecommunica
tions Authority

Description of Work
General contractor to
perform construction
for the entire project
General contractor to
perform construction
for the entire project

Proposed Type of
Competitive
Procurement
Method*

Anticipated
Project
Delivery
Type**

Estimated
Construction
Costs
($)

Sealed Bid

CM/GC

$1,608,818

Sealed Bid

CM/GC

$12,144,320

$0

Equipment purchase
and installation
General contractor to
Town of
perform construction
Sealed Bid
CM/GC
$2,781,000
Crested Butte
for the entire project
$16,534,138
Total Estimated Construction Costs***
*If a noncompetitive procurement is necessary, indicate the circumstance that applies in accordance
with 2 CFR 200.320(c) and request approval, if applicable.
**Design-Bid-Build or Design-Build or Construction Manager/General Contractor (CM/GC (as known
as Construction Manager at Risk (CMAR)))
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***Total costs row above contains an auto-sum formula. After entering estimated costs, select the
table and press F9 to update total.

iii. Supporting Documentation: Provide a detailed budget/supporting documentation
for each contractor/recipient/subrecipient listed in the Construction summary table.
The detailed budget/supporting documentation could be one of the following formats:
o Independent Estimate: Provide a current copy of the independent cost
estimate (e.g., engineer’s estimate) or provide the name of the budget file if
provided in the application.
File Named: SS4A-FY24-Implementation-Supplimental-Estimated-BudgetTemplate_
10) Equipment
Summary: As applicable, this section should include equipment costs that is not part of the
larger construction contract or administrative expenses section and is contracted out
separately.
i. General: Does the recipient’s project budget contain acquisition costs for the project
equipment?
☒ Yes (Complete Section below)
☐ No (Move on to 11 - Miscellaneous)
ii. Equipment Summary Table: Provide the anticipated acquisition equipment costs
and basis of the estimate.

Item

Repeater Tower
Software

Basis of the estimate
(Vendor quotes or
Engineering Estimates or
price previously paid
(Acquisition History), or
Other)
Vendor quotes

Estimated Equipment Costs
($)

$800,000

Vendor quotes

$70,000.00

Total Estimated Equipment Costs

$870,000

11) Miscellaneous
Summary: The “Miscellaneous” cost classfication may include, but is not limited to, any
additional fees (e.g., TERO fees for Federally Recognized Tribe Recipients) that will be
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assessed against the total project cost. Miscellaneous items are not part of any costs in the
sections above.
i. General: Does the recipient’s project budget contain Miscellaneous costs?
☐ Yes (Complete section below)
☒ No (Move on to 12 - Contingencies)
ii. Miscellaneous Costs Summary: Describe the estimates for all items in the
‘Miscellaneous’ cost classfication, including:
• Description of miscellaneous cost
• Basis of estimate (e.g., vendor quotes, engineering estimates, etc.)
• Type of procurement, if applicable
12) Contingencies
i. General: Does the project budget contain Contingencies costs for the construction
project?
☐ Yes (Complete section below)
☒ No (Move on to Certifications)
ii. Contingency Amount: Provide the anticipated contingencies amount/percent for the
Site Work costs, Demolition and Removal costs, and construction costs for the
project.
iii. Basis of Estimation: Provide a brief justification how the amount/percent was
determined. This was an engineer’s recommended contingency rate per our grant
application.

CERTIFICATIONS
To the best of its knowledge, the recipient certifies the following:
1. The costs and information detailed above are correct and complete for the purposes set
forth in the associated application for Federal Assistance.
2. The budget detailed above does not include any previously incurred expenses, or costs
to be incurred before the time of award and obligation, unless otherwise approved.
3. The recipient confirms that the proposed cost sharing amount complies with 2 CFR §
200.306 (Cost sharing or matching).
4. The recipient certifies that it does not have any potential or actual conflicts of interest,
as defined in 2 CFR § 200.112 and by 2 CFR § 200.318, to disclose.
5. The recipient certifies that its financial management is in accordance with 2 CFR §
200.302 and has written procedures/policies in place.
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6. The recipient has established and documented procedures that are consistent with 2
CFR 200 Subpart D - Property Standards 2 CFR § 200.310-316, for the equipment and
real property required under a federal award or subaward.
7. The recipient has established and documented procurement procedures that are
consistent with applicable State, local, and tribal laws and regulations and 2 CFR 200
Subpart D - Procurement Standards 2 CFR § 200.317-327, for the acquisition of
property or services required under a federal award or subaward.
8. All proposed costs in the budget are allowable in accordance with 2 CFR § 200.403,
reasonable in accordance with 2 CFR § 200.404, and allocable per 2 CFR § 200.405
for the purpose of the federal award.
9. The recipient certifies that its indirect costs is in accordance with 2 CFR 200 Subpart
E - Direct and Indirect (F&A) Costs 2 CFR § 200.414-415.
Signature of Authorized Entity Representative
I hereby certify on behalf of Gunnison County that the information entered in this document is current,
and accurate.

X
Name: Martin Schmidt

Date:

Title: Assistant County Manager for Public Works

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ARTICLE 2
APPLICATION, PROJECT, AND AWARD
2.1

Application.

Application Title: Gunnison Valley SH 135 Comprehensive Safety Package
Application Date: 05/16/2024
2.2

Award Amount.

SS4A Grant Amount:
2.3

$15,265,600

Federal Obligation Information.

Federal Obligation Type: Multiple
Obligation Condition Table
Phase the Project

Allocation of
the SS4A
Grant

Base Phase
(Preliminary
engineering &
NEPA for all work
locations)

$13,290

Obligation Condition

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Obligation Condition Table
Phase the Project

Allocation of
the SS4A
Grant

Obligation Condition

Phase 2: Total
Construction Cost

Total
$13,923,310

The Recipient shall not expend any funds (Federal
or non-Federal) for, seek reimbursement ofeligible
costs, or otherwise begin any part ofthe
construction or final design and construction ofan
Implementation Project unless and until:

$2,202,910

(1)
The requirements ofthe National
Environmental Policy Act (42 U.S.C. § 4321 et
seq.) ("NEPA"), Section 106 ofthe National
Historic Preservation Act (16 U.S.C. § 470f)
("NHPA"), and any other applicable environmental
laws and regulations have been met; and

SH 135
Corridor
Improvements

SH 135 and
US 50 (Main
and Tomichi)
& SH 135 and
Cement Creek

SH 135 and
Brush Creek
Road & SH
135 and Red
Lady & Post
Crash
Emergency
Services

$2,658,234

$9,062,166

(2) FHWA, or a State with applicable NEPA
Assignment authority, has approved the NEPA
document for the Project and provided the
Recipient with a written notice that the
environmental review process is complete; and
(3) FHWA has obligated additional funds for this
phase and notified the Recipient in writing that
the Recipient may proceed to the next activity
after NEPA approval, and the Recipient has
acknowledged receipt in writing ofFHWA's
notification. Recipient shall not proceed with
any such activities until (2) and (3) as described
in this section are met. Costs that are incurred
before (2) and (3) as described in this section
are met are not allowable costs under this
agreement.
Extent ofactivities that are permissible before
NEPA is complete are those activities
constituting "preliminary design" as specified
in FHWA Order 6640. I A.

2.4

Budget Period.

Base Phase Budget Period: Effective Date ofAward to 9/30/2027
Option Phase I Budget Period: Reserved
Option Phase 2 Budget Period: Reserved
2.5

Grant Designation.

Designation: Implementation

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ARTICLE 3
SUMMARY PROJECT INFORMATION
3.1

Summary of Project's Statement of Work.

The project will be implemented in three phases. In alignment with the Gunnison Valley Comprehensive Safety
Action Plan, this project will implement safety interventions including center and edge-line rumble strips along
CO 135, extend guardrails, speed-limit modifications, sidewalk enhancements, installation ofroundabouts, a
pedestrian underpass, transit bus pullouts, and upgrades to the Valley's emergency service providers post-crash
response capabilities. These projects will leverage investments into multimodal transportation and affordable
housing to boost safety for all roadway users, but especially pedestrians ofall mobility levels, bicyclists, and
transit riders; mitigate congestion and boost traffic efficiency at key intersections; improve the accessibility and
efficiency oftransit and its connection to workforce and affordable housing; facilitate low and no cost
connections to job opportunities to promote economic opportunity for low and moderate income populations;
and reduce greenhouse gas and pollutant emissions in support ofclimate sustainability and public health.
The project consists ofsix distinct components. Each component will have separate deliverable timelines and
NEPA components. The six components are:
•

Sh135 Corridor Improvements

Install edge-line rumble strips, centerline rumble strips, dynamic/variable speed limits message signs,
guardrails and sidewalk at selected locations.
•

SH135 & US50 (Main and Tomichi)

Install curb extensions, adjust intersection geometry, curb radii, traffic signal, crosswalks, ADA ramps, etc.
at the intersection.
•

SH135 and Cement Creek Road

•

Install intersection improvements at this location.SH135 & Brush Creek Road
Install intersection improvements at this location., provide bus and trail enhancements by installing an
underpass.

•

SH135 and Red Lady Avenue
Install intersection improvements at this location.

•

Post Crash Emergency Services
The purchase ofsoftware and installation ofadditional radio capabilities to improve post-crash
outcomes including a radio tower.

Base Phase: Pre-NEPA: This work will consist ofcompleting the preliminary design ofall six components and
obtaining NEPA clearances. Because the effort ofcompleting the NEPA documents varies from one component
to another component, three separate NEPA clearances are expected.
Phase 1 - Final Design, Right-Of-Way acquisition and Utility Relocation ifneeded, PS& E package preparation
and or Software selection:
•

SH135 Corridor Improvements component.

•

SHl35 & US50 improvements component, and SH135 & Cement Creek Road component.
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Eligible Project Costs
SS4A Grant Amount:

$15,265,600

Other Federal Funds:

$0

State Funds:

$0

Local Funds:

$3,816,400

In-Kind Match:

$0

Other Funds:

$0

Total Eligible Project Cost:

$19,082,000

(b) Cost Classification Table - For Planning and Demonstration Grants with demonstration activities
and Implementation Grants Only

Cost Classification

Non-SS4A
Previously
Incurred
Costs

Total Costs

Land, structures, rights-of-way, appraisals,
etc.

Eligible
Costs

$16,612

$16,612

Architectural and engineering fees

$1,661,250

$1,661,250

Construction

$17,404,138

$17,404,138

Project Total

$19,082,000

$19,082,000

(c) Indirect Costs
Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the
Recipient's approved Budget Application. In the event the Recipient's indirect cost rate changes, the
Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such
adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding
provided in this document. The Recipient's indirect costs are allowable only insofar as they do not cause
the Recipient to exceed the total obligated funding.
ARTICLE 4
CONTACT INFORMATION
4.1 Recipient Contact(s).
Matthew Birnie
County Manager
200 East Virginia Avenue Gunnison Colorado
970-641-0248
[email protected]

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12300 W. Dakota Avenue, Suite 180
Lakewood, CO 80228
(720) 963-3009
[email protected]

ARTICLE 5
USDOT ADMINISTRATIVE INFORMATION
5.1

Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants
Management
SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient
(who is awarded a subaward) versus contractor (who is awarded a contract).
Note: Recipients with a procurement system deemed approved and accepted by the Government or by
the Agreement Officer (the "AO") are exempt from the requirements of this clause. See 2 CFR 200.317
through 200.327.
In accordance with 2 CFR 200.308(t)(6), the recipient or subrecipient shall obtain prior written approval
from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the
application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308 (t)
(6) and does not apply to procurement transactions for goods and services. Approval will be issued
through written notification from the AO or a formal amendment to the Agreement.
The following subawards and contracts are currently approved under the Agreement by the AO. This list
does not include supplies, material, equipment, or general support services which are exempt from the
pre-approval requirements of this clause.
5.2

Reimbursement Requests

(a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement
if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost
provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more
frequently than monthly.
(b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the
payment office. When requesting reimbursement of costs incurred or credit for cost share incurred,
the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance
or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction
Programs) to clearly document all costs incurred.
(c) The Recipient's supporting cost detail shall include a detailed breakout of all costs incurred, including
direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal
share and the Recipient's share of costs. If the Recipient does not provide sufficient detail in a request
for reimbursement, the Agreement Officer's Representative (the "AOR") may withhold processing
that request until the Recipient provides sufficient detail.
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withhold, terminate, or take other adverse action, absent specific statutory authority, based on
the challenged immigration enforcement condition while DOT is subject to an injunction. DOT
will not require Plaintiff State Entities to make any certification or other representation related
to compliance the challenged immigration enforcement condition nor will DOT construe
acceptance of funding from DOT as certification as to the challenged immigration enforcement
condition.
*The challenged immigration enforcement condition:
"[T]he Recipient will cooperate with Federal officials in the enforcement of Federal law,
including cooperating with and not impeding U.S. Immigration and Customs Enforcement
(ICE) and other Federal offices and components of the Department of Homeland Security in the
enforcement of Federal immigration law."
6.8

There are no other special grant requirements

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Measure

Outcomes and Benefits

Outcomes and Benefits

Lessons Learned and
Recommendations

Category and Description

Measurement
Frequency and
Reporting
Deadline

Qualitative Project Benefits: Qualitative
description of evidence-based projects or
strategies implemented (e.g., narrative
descriptions, testimonials, high-quality
before and after photos, etc.)

Within 120 days
after the end of the
period of
performance

Project Location(s): GIS/geo coordinate
information identifying specific project
location(s)

Within 120 days
after the end of the
period of
performance

Lessons Learned and Recommendations:
Description of lessons learned and any
recommendations relating to future
projects or strategies to prevent death and
serious injury on roads and streets.

Within 120 days
after the end of the
period of
performance

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Application
Fund Source

$

Section 3.3
%

$

SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs

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ATTACHMENT D

[RESERVED]

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ATTACHMENT G
(RESERVED]

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U.S. DEPARTMENT OF TRANSPORTATION
GENERAL TERMS AND CONDITIONS UNDER THE
FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL (“SS4A”) GRANT
PROGRAM:
FHWA PROJECTS
Date: June 13, 2024
Revised: October 1, 2024
Revised: March 17, 2025

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Table of Contents
Article 7 Purpose............................................................................................................................. 6
7.1

Purpose.......................................................................................................................................... 6

8.1
8.2

Division of USDOT Responsibilities............................................................................................ 6
USDOT Program Contact. ............................................................................................................ 7

9.1
9.2
9.3
9.4
9.5
9.6

Statements on the Project. ............................................................................................................. 7
Statements on Authority and Capacity.......................................................................................... 7
USDOT Reliance. ......................................................................................................................... 8
Project Delivery. ........................................................................................................................... 8
Rights and Powers Affecting the Project. ..................................................................................... 8
Notification of Changes to Key Personnel. ................................................................................... 9

10.1
10.2
10.3
10.4

Federal Award Amount................................................................................................................. 9
Federal Obligations. ...................................................................................................................... 9
Budget Period.............................................................................................................................. 10
Period of Performance. ............................................................................................................... 10

11.1
11.2
11.3
11.4
11.5

Notification Requirement............................................................................................................ 11
Statement of Work Changes. ...................................................................................................... 11
Schedule Changes. ...................................................................................................................... 11
Budget Changes. ......................................................................................................................... 11
USDOT Acceptance of Changes................................................................................................. 12

12.1
12.2
12.3

Report Submission. ..................................................................................................................... 12
Alternative Reporting Methods. .................................................................................................. 13
Paperwork Reduction Act Notice. .............................................................................................. 13

Article 8 USDOT Role.................................................................................................................... 6
Article 9 Recipient Role.................................................................................................................. 7

Article 10 Award Amount, Obligation, and Time Periods ............................................................. 9

Article 11 Statement of Work, Schedule, and Budget Changes ................................................... 11

Article 12 General Reporting Terms............................................................................................. 12

Article 13 Progress and Financial Reporting ................................................................................ 13

13.1 Quarterly Performance Progress Reports. ................................................................................... 13
13.2 Quarterly Financial Status........................................................................................................... 13
13.3 Final Performance Progress Reports and Financial Status………………………………..…….13

Article 14 Performance Reporting ................................................................................................ 14

14.1 Baseline Performance Measurement. .......................................................................................... 14
14.2 SS4A Final Report: ..................................................................................................................... 14
14.3 Performance Measurement Information……………….………………………………………..15
14.4 Performance Reporting Survival……………………….……………………………………….15
14.5 Program Evaluation……………………………………………………………………………..15

Article 15 Noncompliance and Remedies..................................................................................... 15
15.1
15.2
15.3

Noncompliance Determinations.................................................................................................. 15
Remedies. .................................................................................................................................... 16
Other Oversight Entities.............................................................................................................. 17

16.1
16.2
16.3
16.4
16.5

USDOT Termination. ................................................................................................................. 17
Closeout Termination.................................................................................................................. 18
Post-Termination Adjustments. .................................................................................................. 18
Non-Terminating Events. ............................................................................................................ 18
Other Remedies. .......................................................................................................................... 18

Article 16 Agreement Termination………………………………………………………………17

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Article 17 Monitoring, Financial Management, Controls, and Records ....................................... 18
17.1
17.2
17.3
17.4

Recipient Monitoring and Record Retention. ............................................................................. 18
Financial Records and Audits. .................................................................................................... 19
Internal Controls. ........................................................................................................................ 19
USDOT Record Access. ............................................................................................................. 19

18.1
18.2
18.3
18.4
18.5
18.6
18.7

Build America, Buy America. ................................................................................................... 19
Small and Disadvantaged Business Requirements. .................................................................... 22
Engineering and Design Services. .............................................................................................. 22
Foreign Market Restrictions........................................................................................................ 23
Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. .. 23
Recipient Responsibilities for Subawards................................................................................... 23
Subaward and Contract Authorization. ....................................................................................... 23

Article 18 Contracting and Subawards ......................................................................................... 19

Article 19 Costs, Payments, and Unexpended Funds ................................................................... 23
19.1 Limitation of Federal Award Amount. ....................................................................................... 23
19.2 Projects Costs. ............................................................................................................................. 23
19.3 Timing of Project Costs. ............................................................................................................. 23
19.4 Recipient Recovery of Federal Funds. ........................................................................................ 24
19.5 Unexpended Federal Funds. ........................................................................................................ 24
19.6 Timing of Payments to the Recipient.......................................................................................... 24
19.7 Payment Method.. ....................................................................................................................... 24
19.8 Information Supporting Expenditures ......................................................................................... 24
19.9 Reimbursement Frequency. ........................................................................................................ 24
19.10 Match. ......................................................................................................................................... 24

Article 20 Liquidation, Adjustments, and Funds Availability...….……………………………...25
20.1

Liquidation of Recipient Obligations. ......................................................................................... 25

21.1
21.2
21.3
21.4

Bilateral Amendments................................................................................................................. 25
Unilateral Contact Modifications. ............................................................................................... 25
USDOT Unilateral Modifications. .............................................................................................. 25
Other Modifications. ................................................................................................................... 25

22.1

[RESERVED]. ............................................................................................................................ 25

23.1

[RESERVED]. ............................................................................................................................ 26

24.1

Labor and Workforce………………………………………………………………………… .26

25.1

Critical Infrastructure Security and Resilience…………………………………………………26

26.1

Civil Rights and Tile VI……………………………………………………………………...…26

27.1
27.2
27.3
27.4
27.5
27.6
27.7

Uniform Administrative Requirements for Federal Awards. ...................................................... 27
Federal Law and Public Policy Requirements. ........................................................................... 27
Federal Freedom of Information Act. ......................................................................................... 28
History of Performance. .............................................................................................................. 28
Whistleblower Protection............................................................................................................ 28
External Award Terms and Obligations...................................................................................... 28
Incorporated Certifications. ........................................................................................................ 29

Article 21 Agreement Modifications ............................................................................................ 25

Article 22 [RESERVED] .............................................................................................................. 25
Article 23 [RESERVED] .............................................................................................................. 26
Article 24 Labor and Workforce……………………………………………………………… 26
Article 25 Critical Infrastructure Security and Resilience……………………………...……..26
Article 26 Civil Rights and Title VI…………………………………………………….……....26

Article 27 Federal Financial Assistance, Administrative, and National Policy Requirements .... 27

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Article 28 Assignment .................................................................................................................. 29
28.1

Assignment Prohibited. ............................................................................................................... 29

29.1

Waivers. ...................................................................................................................................... 29

30.1
30.2
30.3
30.4
30.5
30.6

Effect of Planning and Demonstration or Implementation Award. ............................................ 30
Disclaimer of Federal Liability. .................................................................................................. 30
Environmental Review................................................................................................................ 30
Railroad Coordination. ................................................................................................................ 31
Relocation and Real Property Acquisition. ................................................................................. 32
Equipment Disposition................................................................................................................ 32

31.1

Information Contained in a Federal Award. ............................................................................... 32

32.1
32.2
32.3
32.4
32.5

Attachments. ............................................................................................................................... 33
Exhibits. ...................................................................................................................................... 33
Construction. ............................................................................................................................... 33
Integration. .................................................................................................................................. 33
Definitions................................................................................................................................... 33

33.1
33.2

Counterparts. ............................................................................................................................... 34
Effective Date. ............................................................................................................................ 34

Article 29 Waiver .......................................................................................................................... 29
Article 30 Additional Terms and Conditions ............................................................................... 30

Article 31 Mandatory Award Information .................................................................................... 32

Article 32 Construction and Definitions ....................................................................................... 33

Article 33 Agreement Execution and Effective Date ................................................................... 34

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Index of Definitions
Administering Operating Administration ....................................................................................... 7
Environmental Review Entity…………………………………………………………………....29
Federal Share ................................................................................................................................ 12
FHWA ............................................................................................................................................. 7
NOFO .............................................................................................................................................. 6
OMB ............................................................................................................................................. 13
Program Statute............................................................................................................................. 32
Project……………………………………………………………………………………………22
Project Closeout ............................................................................................................................ 18
SS4A Grant ................................................................................................................................... 32
USDOT ........................................................................................................................................... 6

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GENERAL TERMS AND CONDITIONS
The Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred
to as the “IIJA”) established the Safe Streets and Roads for All (the “SS4A”) Discretionary Grant
Program (IIJA Section 24112) and appropriated funds to the United States Department of
Transportation (the “USDOT”) under Division J, Title VIII of IIJA to implement the program.
The funds are available to provide Federal financial assistance to support local initiatives to
prevent death and serious injury on roads and streets, commonly referred to as “Vision Zero” or
“Toward Zero Deaths” initiatives.
The USDOT published a Notice of Funding Opportunity (the “NOFO”) to solicit applications
for Federal financial assistance in Fiscal Year 2024 for the SS4A Discretionary Grant Program.
These general terms and conditions are incorporated by reference in a project-specific grant
agreement under the fiscal year 2024 SS4A grant program. Articles 1–6 are in the projectspecific portion of the agreement. The term “Recipient” is defined in the project-specific portion
of the agreement. Attachments A through F are project-specific attachments.
ARTICLE 7
PURPOSE
7.1

Purpose. The purpose of this award is to improve roadway safety by significantly
reducing or eliminating roadway fatalities and serious injuries through safety action plan
development or projects focused on all users, including pedestrians, bicyclists, public
transportation users, motorists, personal conveyance and micromobility users, and
commercial vehicle operators. The parties will accomplish that purpose by achieving the
following objectives:
(1)

timely completing the Project; and

(2)

ensuring that this award does not substitute for non-Federal investment in the
Project, except as proposed in the Grant Application, as modified by section 3.3
and Attachment B.
ARTICLE 8
USDOT ROLE

8.1

Division of USDOT Responsibilities.
(a) The Office of the Secretary of Transportation is ultimately responsible for the USDOT’s
administration of the SS4A Grant Program.

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(b) The Federal Highway Administration (the “FHWA”) will administer this grant
agreement on behalf of the USDOT. In this agreement, the “Administering Operating
Administration” means the FHWA.
8.2

USDOT Program Contact.
Safe Streets and Roads for All
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590
[email protected]
(202) 366-2822

ARTICLE 9
RECIPIENT ROLE
9.1

9.2

Statements on the Project. The Recipient states that:
(1)

all material statements of fact in the Grant Application were accurate when that
application was submitted; and

(2)

Attachment B documents all material changes in the information contained in that
application.

Statements on Authority and Capacity. The Recipient states that:
(1)

it has the authority to receive Federal financial assistance under this agreement;

(2)

it has the legal authority to complete the Project, including either ownership
and/or maintenance responsibilities over a roadway network; safety
responsibilities that affect roadways; or has an agreement from the agency that
has ownership and/or maintenance responsibilities for the roadway within the
applicant’s jurisdiction; if applicable;

(3)

it has the capacity, including institutional, managerial, and financial capacity, to
comply with its obligations under this agreement;

(4)

not less than the difference between the “Total Eligible Project Cost” and the
“SS4A Grant Amount” listed in section 3.3 are committed to fund the Project;

(5)

it has sufficient funds available, or an agreement with the agency that has
ownership and/or maintenance responsibilities for the roadway within the

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recipient’s jurisdiction, to ensure that infrastructure completed or improved under
this agreement will be operated and maintained in compliance with this agreement
and applicable Federal law; and
(6)

9.3

9.4

the individual executing this agreement on behalf of the Recipient has authority to
enter this agreement and make the statements in this article 9 and in section 27.7
on behalf of the Recipient.

USDOT Reliance. The Recipient acknowledges that:
(1)

the USDOT relied on statements of fact in the Grant Application to select the
Project to receive this award;

(2)

the USDOT relied on statements of fact in both the Grant Application and this
agreement to determine that the Recipient and the Project are eligible under the
terms of the NOFO;

(3)

the USDOT relied on statements of fact in both the Grant Application and this
agreement to establish the terms of this agreement; and

(4)

the USDOT’s selection of the Project to receive this award prevented awards
under the NOFO to other eligible applicants.

Project Delivery.
(a) The Recipient shall complete the Project under the terms of this agreement.
(b) The Recipient shall ensure that the Project is financed, constructed, operated, and
maintained in accordance with all applicable Federal laws, regulations, and policies.
(c) The Recipient shall provide any certifications or assurances deemed necessary by the
USDOT in ensuring the Recipient’s compliance with all applicable laws, regulations, and
policies.
(d) The Recipient shall provide access to records as provided at 2 C.F.R. 200.337.

9.5

Rights and Powers Affecting the Project.
(a) The Recipient shall not take or permit any action that deprives it of any rights or powers
necessary to the Recipient’s performance under this agreement without written approval
of the USDOT.
(b) The Recipient shall act, in a manner acceptable to the USDOT, promptly to acquire,
extinguish, or modify any outstanding rights or claims of right of others that would
interfere with the Recipient’s performance under this agreement.

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9.6

Notification of Changes to Key Personnel. The Recipient shall notify all USDOT
representatives who are identified in Section 4.3 in writing within 30 calendar days of
any change in key personnel who are identified in Section 4.2.
ARTICLE 10
AWARD AMOUNT, OBLIGATION, AND TIME PERIODS

10.1

Federal Award Amount The USDOT hereby awards a SS4A Grant to the Recipient in
the amount listed in section 2.2 as the SS4A Grant Amount.

10.2

Federal Obligations.
This agreement obligates funds for the period of performance listed on Page 1, Block 6 of
the grant agreement.
(a) If the Federal Obligation Type identified in section 2.3 is “Single,” then the projectspecific agreement obligates for the budget period the amount listed in Section 2.2. as the
Grant Amount and sections 10.2 (c)–10.2(f) do not apply to the project specific
agreement.
(b) If the Federal Obligation Type identified in section 2.3 is “Multiple,” (for phased
agreements) then an amount up to the Grant Amount listed in Section 2.2 will be
obligated with one initial obligation and one or more subsequent, optional obligations, as
described in sections 10.2(c)–10.2(f).
(c) The Obligation Condition Table in section 2.3 allocates the Grant funds among
separate phases of the Project for the purpose of the Federal obligation of funds. The
scope of each phase of the Project that is identified in that table is described in section
2.3.
(d) The project-specific agreement obligates for the budget period only the amounts
allocated in the Obligation Condition Table in section 2.3 to portions of the Project for
which that table does not list an obligation condition.
(e) The project-specific agreement does not obligate amounts allocated in the Obligation
Condition Table in section 2.3 to portions of the Project for which that table lists an
obligation condition. The parties may obligate the amounts allocated to those portions of
the Project only by modifying the project specific agreement under section 21.
(f) For each portion of the Project for which the Obligation Condition Table in section 2.3
lists an obligation condition, the amount allocated in that table to that portion of the
Project will be obligated if the condition is met not later than the date listed in Section 2.4
of the project-specific agreement.

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(g) For any portion of the Project for which the Obligation Condition Table in section 2.3
lists an obligation condition, if the obligation condition is satisfied, the parties amend this
agreement documenting that:
(1) the FHWA determines that the obligation condition listed in that table for that
portion of the Project is satisfied; and
(2) the FHWA determines that all applicable Federal requirements for obligating
the amount are satisfied.
(h) The Recipient shall not request reimbursement of costs for a portion of the Project for
which the Obligation Condition Table in section 2.3 lists an obligation condition, unless
the amount allocated in that table to that portion of the Project is obligated under section
10.2(c)-(f).
(i) Reserved.
(j) The Recipient acknowledges that:
(1) the FHWA is not liable for payments for a portion of the Project for which the
Obligation Condition Table in section 2.3 lists an obligation condition, unless the
amount allocated in that table to that portion of the Project is obligated under
section 10.2(c)-(f);
(2) any portion of the Grant that is not obligated under this section 10.2 by the
budget period end date identified in the project-specific agreement for those funds
lapses on the day after that date and becomes unavailable for the Project; and
(3) the FHWA may consider the failure to obligate funds by the budget period end
date identified in the project-specific agreement as applicable to the Grant
Program for those funds to be a basis for terminating the project-specific
agreement under section 16.
10.3

Budget Period
The budget period for this award begins on the effective date of this agreement and ends
on the budget period end date that is listed in section 2.4, which shall be no later than 5
years from the date of grant execution. In this agreement, “budget period” is used as
defined at 2 C.F.R. 200.1.

10.4

Period of Performance.

(a) The period of performance for this award begins on the effective date of award listed in
page 1, Block 2 and ends on the period of performance end date that is listed in Page 1,
Block 6.
(b) In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1.
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ARTICLE 11
STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES
11.1

Notification Requirement. The Recipient shall notify all USDOT representatives who
are identified in section 4.3 in writing within 30 calendar days of any change in
circumstances or commitments that adversely affect the Recipient’s plan to complete the
Project. In that notification, the Recipient shall describe the change and what actions the
Recipient has taken or plans to take to ensure completion of the Project. This notification
requirement under this section 11.1 is separate from any requirements under this article
11 that the Recipient request amendment of this agreement.

11.2

Statement of Work Changes. If the Project’s activities differ from the statement of work
that is described in section 3.1 and Attachment B, then the Recipient shall request an
amendment of this agreement to update section 3.1.

11.3

Schedule Changes. If one or more of the following conditions are satisfied, then the
Recipient shall request an amendment of this agreement to update the relevant date(s):
(1)

a substantial completion date for the Project or a component of the Project that is
listed in section 3.2 and the Recipient’s estimate for that milestone changes to a
date that is more than six months after the date listed in section 3.2; or

(2)

a schedule change would require the period of performance to continue after the
period of performance end date listed on Page 1, Block 6 (i.e., for projects with
multiple phases, changes to the base phase budget period end date for projects
with two phases, or changes to base or secondary phase budget period end dates
for projects with three phases, etc., will not trigger notification/modification
requirements).

For other schedule changes, the Recipient shall request an amendment of this agreement
unless the USDOT has consented, in writing consistent with applicable requirements, to
the change.
11.4

Budget Changes.

(a) The Recipient acknowledges that if the cost of completing the Project increases:
(1)

that increase does not affect the Recipient’s obligation under this agreement to
complete the Project; and

(2)

the USDOT will not increase the amount of this award to address any funding
shortfall.

(b) The Recipient shall request an amendment of this agreement to update section 3.3 and
Attachment B if, in comparing the Project’s budget to the amounts listed in section 3.3:
(1)

the “Non-Federal Funds” amount decreases; or
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(2)

the “Total Eligible Project Cost” amount decreases.

(c) For budget changes that are not identified in section 11.4(b), the Recipient shall request
an amendment of this agreement to update section 3.3 and Attachment B unless the
USDOT has consented, in writing consistent with applicable requirements, to the change.
(d) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is
listed in section 3.3, then the Recipient may propose to the USDOT, in writing consistent
with applicable requirements, specific additional activities that are within the scope of
this award, as defined in sections 7.1 and 3.1, and that the Recipient could complete with
the difference between the “Total Eligible Project Cost” that is listed in section 3.3 and
the actual eligible project costs.
(e) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is
listed in section 3.3 and either the Recipient does not make a proposal under section
11.4(d) or the USDOT does not accept the Recipient’s proposal under section 11.4(d),
then:
(1)

in a request under section 11.4(b), the Recipient shall reduce the Federal Share by
the difference between the “Total Eligible Project Cost” that is listed in section
3.3 and the actual eligible project costs; and

(2)

if that amendment reduces this award and the USDOT had reimbursed costs
exceeding the revised award, the Recipient shall request to add additional project
work that is within the scope of this project.

In this agreement, “Federal Share” means the sum of the “SS4A Grant Amount” and the
“Other Federal Funds” amounts that are listed in section 3.3(a).
(f) The Recipient acknowledges that amounts that are required to be refunded under section
11.4(e)(2) constitute a debt to the Federal Government that the USDOT may collect
under 2 C.F.R. 200.346 and the Standards for Administrative Collection of Claims (31
C.F.R. part 901).
11.5

USDOT Acceptance of Changes. The USDOT may accept or reject amendments
requested under this article 11, and in doing so may elect to consider only the interests of
the SS4A grant program and the USDOT. The Recipient acknowledges that requesting an
amendment under this article 11 does not amend, modify, or supplement this agreement
unless the USDOT accepts that amendment request and the parties modify this agreement
under section 21.1.

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ARTICLE 12
GENERAL REPORTING TERMS
12.1

Report Submission. The Recipient shall send all reports required by this agreement to all
USDOT contacts who are listed in section 4.3. Reports will be added to a central
repository maintained by FHWA.

12.2

Alternative Reporting Methods. FHWA may establish processes for the Recipient to
submit reports required by this agreement, including electronic submission processes. If
the Recipient is notified of those processes in writing, the Recipient shall use the
processes required by the FHWA.

12.3

Paperwork Reduction Act Notice.
Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of
information that does not display a currently valid control number issued by the Office of
Management and Budget (the “OMB”). Collections of information conducted under this
agreement are approved under OMB Control No. 2125-0675.
ARTICLE 13
PROGRESS AND FINANCIAL REPORTING

13.1

Quarterly Performance Progress Reports. Quarterly, on or before the 20th day of the
first month of each calendar year (e.g., reports due on or before January 20th, April 20th,
July 20th, and October 20th) and until the end of the period of performance, the Recipient
shall submit to the USDOT a Quarterly Performance Progress Report in the format and
with the content described in Exhibit C. If the date of this agreement is in the final month
of a calendar year, then the Recipient shall submit the first Quarterly Performance
Progress Report in the second calendar year quarter that begins after the date of this
agreement.

13.2

Quarterly Financial Status. Quarterly, on or before the 20th day of the first month of
each calendar year (e.g., reports due on or before January 20th, April 20th, July 20th, and
October 20th) and until the end of the period of performance, the Recipient shall submit a
Federal Financial Report using SF-425.

13.3

Final Performance Progress Reports and Financial Status. No later than 120 days
after the end of the period of performance, the Recipient shall submit:

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(1)

a Final Performance Progress Report in the format and with the content described
in Exhibit C for each Quarterly Performance Progress Report, including a final
Federal Financial Report (SF-425); and

(2)

any other information required under the Administering Operating
Administration’s award closeout procedures.
ARTICLE 14
PERFORMANCE REPORTING

14.1

14.2

Baseline Performance Measurement. Recipients of Implementation Grants or Planning
and Demonstration Grants with demonstration activities shall:
(1)

collect data for each performance measure that is identified in the Performance
Measure Table in Attachment A, accurate as of the Baseline Measurement Date
that is identified in Attachment A; and

(2)

on or before the Baseline Report Date that is stated in Attachment A, the
Recipient shall submit a Baseline Performance Measurement Report that contains
the data collected under this section 14.1 and a detailed description of the data
sources, assumptions, variability, and estimated levels of precision for each
performance measure that is identified in the Performance Measure Table in
Attachment A.

SS4A Final Report.
The Recipient shall submit to the USDOT, not later than 120 days after the end of the
period of performance, a report in the format specified by FHWA and with the content
described in Attachment A that describes, consistent with sections 24112(g)-(h) of IIJA:
(1)

the costs of each eligible project and strategy carried out using the grant;

(2)

the roadway safety outcomes and any additional benefits (e.g., increased walking,
biking, or transit use without a commensurate increase in serious and fatal
crashes, etc.) that each such project and strategy has generated, as—
•

identified in the grant application; and

•

measured by data to the maximum extent practicable;

(3) [RESERVED]
(4)

the lessons learned, and any recommendations related to future projects or
strategies to prevent death and serious injuries on roads and streets.

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14.3

Performance Measurement Information.
For each performance measure identified to be submitted annually in the Performance
Measure Table in Attachment A, not later than January 31 of each year, the Recipient
shall submit to the USDOT a Performance Measurement Report containing the data
collected in the previous calendar year and stating the dates when the data was collected.

14.4

Performance Reporting Survival.
The data collection and reporting requirements in this article 14 survive the termination
of this agreement which is three years post period of performance.

14.5

Program Evaluation.
As a condition of grant award, the recipient may be required to participate in an
evaluation undertaken by USDOT, or another agency or partner. The evaluation may take
different forms such as an implementation assessment across grant recipients, an impact
and/or outcomes analysis of all or selected sites within or across grant recipients,
before/after photographs of the sites, qualitative activities such as videos describing the
project and its impact on the community, or a benefit/cost analysis or assessment of
return on investment. The Department may require applicants to collect data elements to
aid the evaluation. As a part of the evaluation, as a condition of award, grant recipients
must agree to: (1) make records available to the evaluation contractor; (2) provide access
to program records, and any other relevant documents to calculate costs and benefits; (3)
in the case of an impact analysis, facilitate the access to relevant information as
requested; and (4) follow evaluation procedures as specified by the evaluation contractor
or USDOT staff.
ARTICLE 15
NONCOMPLIANCE AND REMEDIES

15.1

Noncompliance Determinations.

(a) If the USDOT determines that the Recipient may have failed to comply with the United
States Constitution, Federal law, or the terms and conditions of this agreement, the
USDOT may notify the Recipient of a proposed determination of noncompliance. For the
notice to be effective, it must be written and the USDOT must include an explanation of
the nature of the noncompliance, describe a remedy, state whether that remedy is
proposed or effective at an already determined date, and describe the process through and
form in which the Recipient may respond to the notice.
(b) If the USDOT notifies the Recipient of a proposed determination of noncompliance under
section 15.1(a), the Recipient may, not later than 7 calendar days after the notice, respond
to that notice in the form and through the process described in that notice. In its response,
the Recipient may:
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(1)

accept the remedy;

(2)

acknowledge the noncompliance, but propose an alternative remedy; or

(3)

dispute the noncompliance.

To dispute the noncompliance, the Recipient must include in its response documentation
or other information supporting the Recipient’s compliance.
(c) The USDOT may make a final determination of noncompliance only:
(1)

after considering the Recipient’s response under section 15.1(b); or

(2)

if the Recipient fails to respond under section 15.1(b), after the time for that
response has passed.

(d) To make a final determination of noncompliance, the USDOT must provide a notice to
the Recipient that states the basis for that determination.
15.2

Remedies.

(a) If the USDOT makes a final determination of noncompliance under section 15.1(d), the
USDOT may impose a remedy, including:
(1)

additional conditions on the award;

(2)

any remedy permitted under 2 C.F.R. 200.339–200.340, including withholding of
payments; disallowance of previously reimbursed costs, requiring refunds from
the Recipient to USDOT; suspension or termination of the award; or suspension
and disbarment under 2 C.F.R. part 180; or

(3)

any other remedy legally available.

(b) To impose a remedy, the USDOT must provide a written notice to the Recipient that
describes the remedy, but the USDOT may make the remedy effective before the
Recipient receives that notice.
(c) If the USDOT determines that it is in the public interest, the USDOT may impose a
remedy, including all remedies described in section 15.2(a), before making a final
determination of noncompliance under section 15.1(d). If it does so, then the notice
provided under section 15.1(d) must also state whether the remedy imposed will
continue, be rescinded, or modified.
(d) In imposing a remedy under this section 15.2 or making a public interest determination
under section 15.2(c), the USDOT may elect to consider the interests of only the
USDOT.
(e) The Recipient acknowledges that amounts that the USDOT requires the Recipient to
refund to the USDOT due to a remedy under this section 15.2 constitute a debt to the
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Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the
Standards for Administrative Collection of Claims (31 C.F.R. part 901).
15.3

Other Oversight Entities.
Nothing in this article 15 limits any party’s authority to report activity under this
agreement to the United States Department of Transportation Inspector General or other
appropriate oversight entities.
ARTICLE 16
AGREEMENT TERMINATION

16.1

USDOT Termination.

(a) The USDOT may terminate this agreement and all its obligations under this agreement if
any of the following occurs:
(1)

the Recipient fails to obtain or provide any non-SS4A Grant contribution (all
eligible project costs other than the SS4A Grant Amount, as described in section
3.3(a) of the grant agreement) or alternatives approved by the USDOT as
provided in this agreement and consistent with article 3;

(2)

a construction start date for the project or strategy is listed in section 3.2 and the
Recipient fails to meet that milestone by six months after the date listed in section
3.2;

(3)

a substantial completion date for the project or strategy is listed in section 3.2 and
the Recipient fails to meet that milestone by six months after the date listed in
section 3.2;

(4)

the Recipient fails to comply with the terms and conditions of this agreement,
including a material failure to comply with the schedule in section 3.2 even if it is
beyond the reasonable control of the Recipient; or,

(5)

the USDOT determines that termination of this agreement is in the public interest.

(6)

the Recipient fails to expend the funds within 5 years after the date on which the
government executes the grant agreement, which is the date funds are provided
for the project.

(b) In terminating this agreement under this section, the USDOT may elect to consider only
the interests of the USDOT.
(c) This section 16.1 does not limit the USDOT’s ability to terminate this agreement as a
remedy under section 15.2.

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(d) The Recipient may request that the USDOT terminate the agreement under this section
16.1.
16.2

Closeout Termination.

(a) This agreement terminates on Project Closeout.
(b) In this agreement, “Project Closeout” means the date that the USDOT notifies the
Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should
occur no later than one year after the end of the period of performance.
16.3 Post-Termination Adjustments. The Recipient acknowledges that under 2 C.F.R.
200.345–200.346, termination of the agreement does not extinguish the USDOT’s authority to
disallow costs, including costs that USDOT reimbursed before termination, and recover funds
from the Recipient.
16.4

Non-Terminating Events.

(a) The end of the period of performance described under section 10.4 does not terminate
this agreement or the Recipient’s obligations under this agreement.
(b) The liquidation of funds under section 20.1 does not terminate this agreement or the
Recipient’s obligations under this agreement.
16.5 Other Remedies. The termination authority under this article 16 supplements and does
not limit the USDOT’s remedial authority under article 15 or 2 C.F.R. part 200, including 2
C.F.R. 200.339–200.340.
ARTICLE 17
MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS
17.1

Recipient Monitoring and Record Retention.

(a) The Recipient shall monitor activities under this award, including activities under
subawards and contracts, to ensure:
(1)

that those activities comply with this agreement; and

(2)

that funds provided under this award are not expended on costs that are not
allowable under this award or not allocable to this award.

(b) If the Recipient makes a subaward under this award, the Recipient shall monitor the
activities of the subrecipient in compliance with 2 C.F.R. 200.332(e).
(c) The Recipient shall retain records relevant to the award as required under 2 C.F.R.
200.334.

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17.2

Financial Records and Audits.

(a) The Recipient shall keep all project accounts and records that fully disclose the amount
and disposition by the Recipient of the award funds, the total cost of the project, and the
amount or nature of that portion of the cost of the project supplied by other sources, and
any other financial records related to the project.
(b) The Recipient shall keep accounts and records described under section 17.2(a) in
accordance with a financial management system that meets the requirements of 2 C.F.R.
200.302–200.307, 2 C.F.R. part 200, subpart F, and title 23, United States Code, and will
facilitate an effective audit in accordance with 31 U.S.C. 7501–7506.
(c) The Recipient shall separately identify expenditures under the fiscal year 2024 SS4A
grants program in financial records required for audits under 31 U.S.C. 7501–7506.
Specifically, the Recipient shall:
(1)

list expenditures under that program separately on the schedule of expenditures of
Federal awards required under 2 C.F.R. part 200, subpart F, including “FY 2024”
in the program name; and

(2)

list expenditures under that program on a separate row under Part II, Item 1
(“Federal Awards Expended During Fiscal Period”) of Form SF-SAC, including
“FY 2024” in column c (“Additional Award Identification”).

17.3 Internal Controls. The Recipient shall establish and maintain internal controls as
required under 2 C.F.R. 200.303.
17.4 USDOT Record Access. The USDOT may access Recipient records related to this award
under 2 C.F.R. 200.337.
ARTICLE 18
CONTRACTING AND SUBAWARDS
18.1 Build America, Buy America. This award term implements § 70914(a) of the Build
America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294
(2021), 2 CFR part 184, and Office of Management and Budget (OMB) Memorandum M-24-02,
“Implementation Guidance on Application of Buy America Preference in Federal Financial
Assistance Programs for Infrastructure.”
Requirement to Use Iron, Steel, Manufactured Products, and Construction Materials Produced
in the United States.
The Recipient shall not use funds provided under this award for a project for infrastructure
unless:

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(1) all iron and steel used in the project are produced in the United States—this means all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States;
(2) all manufactured products used in the project are produced in the United States—this
means the manufactured product was manufactured in the United States; and the cost of
the components of the manufactured product that are mined, produced, or manufactured
in the United States is greater than 55 percent of the total cost of all components of the
manufactured product; and
(3) all construction materials are manufactured in the United States—this means that all
manufacturing processes for the construction material occurred in the United States. The
construction material standards for each construction material are provided at 2 CFR
184.6.
Inapplicability.
The domestic content procurement preference in this award term only applies to articles,
materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure
project. As such, it does not apply to tools, equipment, and supplies, such as temporary
scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a domestic content procurement preference apply to equipment
and furnishings, such as movable chairs, desks, and portable computer equipment, that are used
at or within the finished infrastructure project but are not an integral part of the structure or
permanently affixed to the infrastructure project.
Categorization of articles, materials, and supplies.
An article, material, or supply should only be classified into one of the following
categories: (i) Iron or steel products; (ii) manufactured products; (iii) construction materials; or
(iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall
into multiple categories. In some cases, an article, material, or supply may not fall under any of
the categories listed in this paragraph. The classification of an article, material, or supply as
falling into one of the categories listed in this paragraph must be made based on its status at the
time it is brought to the work site for incorporation into an infrastructure project. In general, the
work site is the location of the infrastructure project at which the iron, steel, manufactured
products, and construction materials will be incorporated. An article, material, or supply
incorporated into an infrastructure project must meet the requirements for only the single
category in which it is classified.

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Waivers.
When necessary, the Recipient may apply for, and the USDOT may grant, a waiver from the
domestic content procurement preference in this award term.
A request to waive the application of the domestic content procurement preference must be in
writing. The USDOT will provide instructions on the waiver process and on the format, contents,
and supporting materials required for any waiver request. Waiver requests are subject to public
comment periods of no less than 15 days and must be reviewed by the Office of Management
and Budget (OMB) Made in America Office.
When the USDOT has made a determination that one of the following exceptions applies, the
awarding official may waive the application of the domestic content procurement preference in
any case in which the USDOT determines that:
(1) applying the domestic content procurement preference would be inconsistent with the
public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not produced
in the United States in sufficient and reasonably available quantities or of a satisfactory
quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials produced in
the United States will increase the cost of the overall project by more than 25 percent.
There may be instances where an award qualifies, in whole or in part, for an existing waiver
described at https://www.transportation.gov/office-policy/transportation-policy/made-in-america.
Definitions
“Construction materials” means articles, materials, or supplies that consist of only one of the
items listed in paragraph (21) of this definition, except as provided in paragraph (2) of this
definition. To the extent that one of the items listed in paragraph (1) contains as inputs other
items listed in paragraph (1), it is nonetheless a construction material.
(1) The listed items are:
• non-ferrous metals;
• plastic and polymer-based products (including polyvinylchloride, composite building
materials, and polymers used in fiber optic cables);
• glass (including optic glass);
• fiber optic cable (including drop cable)
• lumber;
• engineered wood; and
• drywall.

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(2) Minor additions of articles, materials, supplies, or binding agents to a construction
material do not change the categorization of the construction material.
“Domestic content procurement preference” means all iron and steel used in the project are
produced in the United States; the manufactured products used in the project are produced in the
United States; or the construction materials used in the project are produced in the United States.
“Iron or steel products” means articles, materials, or supplies that consist wholly or
predominantly or iron or steel or a combination of both.
“Manufactured products” means
(1) Articles, materials, or supplies that have been: (i) Processed into a specific form and
shape; or (ii) combined with other articles, materials, or supplies to create a product with
different properties than the individual articles, materials, or supplies.
(2) If an item is classified as an iron or steel product, a construction material, or a Section
70917(c) material under 2 CFR 184.4(e) and the definitions set forth in 2 CFR 184.3,
then it is not a manufactured product. However, an article, material, or supply classified
as a manufactured product under 2 CFR 184.4(e) and paragraph (1) of this definition may
include components that are construction materials, iron or steel products, or Section
70917(c) materials.
“Predominantly of iron or steel or a combination of both” means that the cost of the iron and
steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel
is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet),
castings, or forging utilized in the manufacture of the product and a good faith estimate of the
cost of iron or steel components.
“Project” means the development of a safety action plan (including supplemental and topical
plans) or the temporary or permanent construction, alteration, maintenance, or repair of
infrastructure in the United States.
“Section 70917(c) materials” cement and cementitious materials; aggregates such as stone,
sand, or gravel; or aggregate binding agents or additives.
18.2

Small and Disadvantaged Business Requirements. The Recipient shall expend all
funds under this award in compliance with the requirements at 2 C.F.R. 200.321
including any amendments thereto.

18.3

Engineering and Design Services. The Recipient shall award each contract or subcontract for program management, construction management, planning studies, feasibility
studies, architectural services, preliminary engineering, design, engineering, surveying,
mapping, or related services with respect to the project in the same manner that a contract

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for architectural and engineering services is negotiated under 2 C.F.R. 200.320 or an
equivalent qualifications-based requirement prescribed for or by the Recipient.
18.4

Foreign Market Restrictions. The Recipient shall not allow funds provided under this
award to be used to fund the use of any product or service of a foreign country during the
period in which such foreign country is listed by the United States Trade Representative as
denying fair and equitable market opportunities for products and suppliers of the United
States in procurement and construction.

18.5

Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232, 2
C.F.R. 200.216 and 2 C.F.R. 200.471 prohibit the Recipient and all subrecipients from
procuring or obtaining certain telecommunications and video surveillance services or
equipment under this award.

18.6 Recipient Responsibilities for Subawards.
If the Recipient makes a subaward under this award, the Recipient shall comply with the
requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2
C.F.R. 200.331–200.333.
18.7

Subaward and Contract Authorization.
If the USDOT Office for Subaward Authorization identified in section 5.1 is “FHWA
Office of Acquisition and Grants Management,” then the Recipient must follow the
requirements in 2 C.F.R. 200.308 (f) (6) and 2 C.F.R. 200.333, as applicable, for the
subaward of any SS4A Grant work under the Project-Specific Agreement. Approvals
under 2 CFR 200.308(f)(6) do not apply to the procurement acquisition of goods and
services.
ARTICLE 19
COSTS, PAYMENTS, AND UNEXPENDED FUNDS

19.1

Limitation of Federal Award Amount. Under this award, the USDOT shall not provide
funding greater than the amount obligated on the SS4A Grant cover page, Item 11, Federal
Funds Obligated. The Recipient acknowledges that USDOT is not liable for payments
exceeding that amount, and the Recipient shall not request reimbursement of costs
exceeding that amount.

19.2 Projects Costs. This award is subject to the cost principles at 2 C.F.R. part 200 subpart E,
including provisions on determining allocable costs and determining allowable costs.
19.3 Timing of Project Costs.
(a) The Recipient shall not charge to this award costs that are incurred after the period of
performance.
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(b) The Recipient shall not charge to this award costs that were incurred before the effective
date of award of this agreement unless there has been an approval of pre-award costs
under 2 C.F.R. 200.458.
19.4 Recipient Recovery of Federal Funds. The Recipient shall make all reasonable efforts,
including initiating litigation, if necessary, to recover Federal funds if the USDOT
determines, after consultation with the Recipient, that those funds have been spent
fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under
this award. The Recipient shall not enter a settlement or other final position, in court or
otherwise, involving the recovery of funds under the award unless approved in advance in
writing by the USDOT.
19.5

Unexpended Federal Funds. Any Federal funds that are awarded at section 10.1 but not
expended on allocable, allowable costs remain the property of the United States.

19.6

Timing of Payments to the Recipient. When reimbursement is used, the Recipient shall
not request reimbursement of a cost before the Recipient has entered an obligation for
that cost.

19.7

Payment Method. The USDOT may deny a payment request that is not submitted using
the method identified in section 5.2.

19.8

Information Supporting Expenditures.
(a) If the USDOT Payment System identified in section 5.2 is “DELPHI iSupplier,” then
when requesting reimbursement of costs incurred or credit for cost share incurred, the
Recipient shall electronically submit the SF-270 (Request for Advance or Reimbursement)
or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs),
shall identify the Federal share and the Recipient’s share of costs, and shall submit
supporting cost detail to clearly document all costs incurred. As supporting cost detail, the
Recipient shall include a detailed breakout of all costs incurred, including direct labor,
indirect costs, other direct costs, and travel.
(b) If the Recipient submits a request for reimbursement that the USDOT determines does
not include or is not supported by sufficient detail, the USDOT may deny the request or
withhold processing the request until the Recipient provides sufficient detail.

19.9

Reimbursement Frequency. If the USDOT Payment System identified in section 5.2 is
“DELPHI iSupplier,” then the Recipient shall not request reimbursement more frequently
than monthly.

19.10 Match. The recipient should show on each request for reimbursement that at least 20
percent of the incurred costs will count towards match. If the recipient intends to vary the
match percentage over the life of the project, it must communicate its plan to USDOT.
The recipient is responsible for tracking match according to the plan. At the completion
of the grant award, the cost share requirement must be met, and Federal funds must not
exceed the project's Federal share.

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ARTICLE 20
LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY
20.1

Liquidation of Recipient Obligations.
(a) The Recipient shall liquidate all obligations of award funds under this agreement not
later than the earlier of (1) 120 days after the end of the period of performance or (2) the
statutory availability to eligible entities date, which shall be 5 years after the date on
which the grant is provided.
(b) Liquidation of obligations and adjustment of costs under this agreement follow the
requirements of 2 C.F.R. 200.344–200.346.
ARTICLE 21
AGREEMENT MODIFICATIONS

21.1 Bilateral Amendments. The parties may amend, modify, or supplement this agreement
by mutual agreement in writing signed by the USDOT and the Recipient. Either party may
request to amend, modify, or supplement this agreement by written notice to the other party.
21.2 Unilateral Contact Modifications. The USDOT may update the contacts who are listed
in section 4.3 by written notice to all the Recipient contacts who are listed in sections 4.1 and
4.2.
21.3

USDOT Unilateral Modifications.
(a) The USDOT may unilaterally modify this agreement to comply with Federal law,
including the Program Statute.
(b) To unilaterally modify this agreement under this section 20.3(a), the USDOT must
provide a notice to the Recipient that includes a description of the modification and state
the date that the modification is effective.

21.4

Other Modifications. The parties shall not amend, modify, or supplement this agreement
except as permitted under sections 21.1, 21.2, 21.3. If an amendment, modification, or
supplement is not permitted under section 21.1, not permitted under section 21.2, and not
permitted under section 21.3, it is void.

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ARTICLE 22
[RESERVED]

ARTICLE 23
[RESERVED]

ARTICLE 24
LABOR AND WORKFORCE
24.1 Labor and Workforce. Attachment E documents the consideration of job quality and labor
rights, standards, and protections related to the Project.
ARTICLE 25
CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE
25.1 Critical Infrastructure Security and Resilience.
Consistent with Presidential Policy Directive 21, “Critical Infrastructure Security and
Resilience” (Feb. 12, 2013), and the National Security Presidential Memorandum on
Improving Cybersecurity for Critical Infrastructure Control Systems (July 28, 2021), the
Recipient shall consider physical and cyber security and resilience in planning, design,
and oversight of the Project. Attachment F documents the consideration of critical
security infrastructure for projects that include the purchase of information technology
and/or operational technology.
ARTICLE 26
CIVIL RIGHTS AND TITLE VI
26.1

Civil Rights and Title VI
(a) The purpose of sections 26.1(b)–26.1(c) is to ensure that the Recipient has a plan to
comply with civil rights obligations and nondiscrimination laws, including Title VI
and 49 C.F.R. part 21, including any amendments thereto.

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(b) If the Recipient is an Existing Recipient, the Recipient shall submit to the USDOT
either:
(1) not later than one month after the date of this agreement, documentation showing
that the Recipient has complied with all reporting requirements under the
Administering Operating Administration’s implementation of Title VI; or
(2) not later than six months after the date of this agreement, both a Title VI Plan and
a Community Participation Plan, as those plans are described in chapter II, sections
3–4 of DOT Order 1000.12C.
(c) If the Recipient is “New,” then the Administering Operating Administration
completed a Title VI Assessment of the Recipient, as described in chapter II, section
2 of DOT Order 1000.12C., before entering this agreement.
(d) In this section 26.1:
(1) “Title VI” means Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352
(codified at 42 U.S.C. 2000d to 2000d-4a).
(2) “Existing” means a prior recipient of DOT federal financial assistance since
the publication of DOT Order 1000.12C on June 11, 2021.
(3) “New” means a recipient who has not received DOT federal financial
assistance since the publication of DOT Order 1000.12C on June 11, 2021.
ARTICLE 27
FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL
POLICY REQUIREMENTS
27.1

Uniform Administrative Requirements for Federal Awards. The Recipient shall
comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201.

27.2

Federal Law and Public Policy Requirements.

(a) The Recipient shall ensure that Federal funding is expended in full accordance with the
United States Constitution, Federal law, and statutory and public policy requirements:
including but not limited to, those protecting free speech, religious liberty, public welfare,
the environment, and prohibiting discrimination; and Recipient will cooperate with
Federal officials in the enforcement of Federal law, including cooperating with and not
impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices
and components of the Department of Homeland Security in the enforcement of Federal
immigration law.
(b) Pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring MeritBased Opportunity, the Recipient agrees that its compliance in all respects with all
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applicable Federal anti-discrimination laws is material to the government’s payment
decisions for purposes of section 3729(b)(4) of title 31, United States Code.
(c) Pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring MeritBased Opportunity, by entering into this agreement, the Recipient certifies that it does not
operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that
violate any applicable Federal anti-discrimination law.
(d) The failure of this agreement to expressly identify Federal law applicable to the Recipient
or activities under this agreement does not make that law inapplicable.
27.3 Federal Freedom of Information Act.
(a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552.
(b) The Recipient acknowledges that the Technical Application and materials submitted to
the USDOT by the Recipient related to this agreement may become USDOT records
subject to public release under 5 U.S.C. 552.
27.4 History of Performance. Under 2 C.F.R 200.206, any Federal agency may consider the
Recipient’s performance under this agreement when evaluating the risks of making a future
Federal financial assistance award to the Recipient.
27.5 Whistleblower Protection.
(a) The Recipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712,
which prohibits the Recipient from taking certain actions against an employee for certain
disclosures of information that the employee reasonably believes are evidence of gross
mismanagement of this award, gross waste of Federal funds, or a violation of Federal law
related this this award.
(b) The Recipient shall inform its employees in writing of the rights and remedies provided
under 41 U.S.C. 4712, in the predominant native language of the workforce.
27.6 External Award Terms and Obligations.
(a) In addition to this document and the contents described in article 32, this agreement
includes the following additional terms as integral parts:
(1)

Appendix A to 2 C.F.R. part 25: System for Award Management and Universal
Identifier Requirements;

(2)

Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive
Compensation;

(3)

2 C.F.R part 175: Award term for Trafficking in Persons; and

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(4)

Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient
Integrity and Performance Matters.

(b) The Recipient shall comply with:
(1)

49 C.F.R. part 20: New Restrictions on Lobbying;

(2)

49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation—Effectuation of Title VI of the Civil Rights Act of
1964;

(3)

49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or
Activities Receiving Federal Financial Assistance; and

(4)

Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free
Workplace (Financial Assistance).

27.7 Incorporated Certifications. The Recipient makes the statements in the following
certifications, which are incorporated by reference:
(1)

Appendix A to 49 C.F.R. part 20 (Certification Regarding Lobbying).
ARTICLE 28
ASSIGNMENT

28.1 Assignment Prohibited. The Recipient shall not transfer to any other entity any discretion
granted under this agreement, any right to satisfy a condition under this agreement, any
remedy under this agreement, or any obligation imposed under this agreement.
ARTICLE 29
WAIVER
29.1 Waivers.
(a) A waiver granted by USDOT under this agreement will not be effective unless it is in
writing and signed by an authorized representative of USDOT.
(b) A waiver granted by USDOT under this agreement on one occasion will not operate as a
waiver on other occasions.
(c) If USDOT fails to require strict performance of a provision of this agreement, fails to
exercise a remedy for a breach of this agreement, or fails to reject a payment during a
breach of this agreement, that failure does not constitute a waiver of that provision or
breach.

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ARTICLE 30
ADDITIONAL TERMS AND CONDITIONS
30.1

Effect of Planning and Demonstration or Implementation Award. Based on
information that the Recipient provided to the USDOT, including the Grant Application,
as indicated in section 2.5, this agreement designates this award as a Planning and
Demonstration award or an Implementation award, as defined in the NOFO. The
Recipient shall comply with the requirements that accompany that designation as listed in
the FY 2024 Notice of Funding Opportunity for Safe Streets and Roads for All.

30.2 Disclaimer of Federal Liability. The USDOT shall not be responsible or liable for any
damage to property or any injury to persons that may arise from, or be incident to, performance
or compliance with this agreement.
30.3 Environmental Review
(a) In this section, “Environmental Review Entity” means:
(1) if the Project is located in a State that has assumed responsibilities for environmental
review activities under 23 U.S.C. 326 or 23 U.S.C. 327 and the Project is within the
scope of the assumed responsibilities, the State; and
(2) for all other cases, the FHWA.
(b) Except as authorized under section 30.3(c), the Recipient shall not begin final design;
acquire real property, construction materials, or equipment; begin construction; or take
other actions that represent an irretrievable commitment of resources for the Project
unless and until:
(1) the Environmental Review Entity complies with the National Environmental
Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental
laws and regulations; and
(2) if the Environmental Review Entity is not the Recipient, the Environmental
Review Entity provides the Recipient with written notice that the environmental
review process is complete.
(c) If the Recipient is using procedures for early acquisition of real property under 23
C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R.
710.503, the Recipient shall comply with 23 C.F.R. 771.113(d)(1).
(d) The Recipient acknowledges that:
(1) the Environmental Review Entity’s actions under section 30.3(a) depend on the
Recipient conducting necessary environmental analyses and submitting necessary
documents to the Environmental Review Entity; and

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(2) applicable environmental statutes and regulation may require the Recipient to
prepare and submit documents to other Federal, State, and local agencies.
(e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with
Federal law, the Recipient shall coordinate all environmental investigations, reviews,
and consultations as a single process.
(f) The activities described in this agreement may inform environmental decision-making
processes, but the parties do not intend this agreement to document the alternatives
under consideration under those processes. If a build alternative is selected that does not
align information in this agreement, then:
(1) the parties may amend this agreement under section 21.1 for consistency with the
selected build alternative; or
(2) if the USDOT determines that the condition at section 16.1(a)(5) is satisfied, the
USDOT may terminate this agreement under section 16.1(a)(5).
(g) The Recipient shall complete any mitigation activities described in the environmental
document or documents for the Project, including the terms and conditions contained in
the required permits and authorizations for the Project.
30.4 Railroad Coordination. If the agreement includes one or more milestones identified as a
“Railroad Coordination Agreement,” then for each of those milestones, the Recipient shall enter
a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no
later than the deadline date identified for that milestone, with the identified railroad for work and
operation within that railroad’s right-of-way.
30.5 Relocation and Real Property Acquisition.
(a) The Recipient shall comply with the land acquisition policies in 49 C.F.R. part 24 subpart
B and shall pay or reimburse property owners for necessary expenses as specified in that
subpart.
(b) The Recipient shall provide a relocation assistance program offering the services
described in 49 C.F.R. part 24 subpart C and shall provide reasonable relocation
payments and assistance to displaced persons as required in 49 C.F.R. part 24 subparts
D–E.
(c) The Recipient shall make available to displaced persons, , comparable replacement
dwellings in accordance with 49 C.F.R. part 24.
30.6 Equipment Disposition.
(a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Recipient or a subrecipient
acquires equipment under this award, then when that equipment is no longer needed for
the Project that entity shall request disposition instructions from the FHWA.

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(b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the
disposition of equipment must be made in accordance with 2 C.F.R. 200.313–200.316
and 2 C.F.R. 1201.313.
(c) The Recipient shall ensure compliance with this section 30.6 for all tiers of subawards
under this award.
ARTICLE 31
MANDATORY AWARD INFORMATION
31.1

Information Contained in a Federal Award. For 2 C.F.R. 200.211:
(1)

the “Federal Award Date” is the date of this agreement, as defined under section
33.2;

(2)

the “Assistance Listings Number” is 20.939 and the “Assistance Listings Title” is
“Safe Streets and Roads for All Grant Program”; and

(3)

this award is not for research and development.
ARTICLE 32
CONSTRUCTION AND DEFINITIONS

32.1

Attachments. This agreement includes the following attachments as integral parts:
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G

32.2

Performance Measurement Information
Changes from Application
Reserved
Reserved
Labor and Workforce
Critical Infrastructure Security and Resilience
Reserved

Exhibits. The following exhibits, which are in the document titled “Exhibits to FHWA
Grant Agreements Under the Fiscal Year 2024 SS4A Grant Program”, dated March 17,
2025, and available at https://www.transportation.gov/grants/ss4a/grant-agreements, are
part of this agreement.
Exhibit A
Exhibit B
Exhibit C
Exhibit D

Applicable Federal Laws and Regulations
Additional Standard Terms
Quarterly Performance Progress Reports: Format and Content
Form for Subsequent Obligation of Funds

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32.3

Construction. If a provision in the exhibits or the attachments conflicts with a provision
in articles 1–30, then the provision in articles 1–30 prevails. If a provision in the
attachments conflicts with a provision in the exhibits, then the provision in the
attachments prevails.

32.4

Integration. This agreement constitutes the entire agreement of the parties relating to the
SS4A grant program and awards under that program and supersedes any previous
agreements, oral or written, relating to the SS4A grant program and awards under that
program.

32.5

Definitions. In this agreement, the following definitions apply:
“Program Statute” means the BIL section 24112 and statutory text under the heading
“Safe Streets and Roads for All Grants” in title I of division J of the Infrastructure
Investment and Jobs Act, Pub. L. No. 117-58 (November 15, 2021), and all other
provisions of that act that apply to amounts appropriated under that heading.
“Project” means the project proposed in the Grant Application, as modified by the
negotiated provisions of this agreement.
“SS4A Grant” means an award of funds that were made available under the SS4A
NOFO.
“Grant Application” means the application identified in section 2.1, including Standard
Form 424 and all information and attachments submitted with that form through
Grants.gov.
ARTICLE 33
AGREEMENT EXECUTION AND EFFECTIVE DATE

33.1

Counterparts. This agreement may be executed in counterparts, which constitute one
document. The parties intend each countersigned original to have identical legal effect.

33.2

Effective Date. The agreement will become effective when all parties have signed it. The
effective date of this agreement will be the date this agreement is signed by the last party
to sign it. This instrument constitutes a SS4A Grant when the USDOT’s authorized
representative signs it.

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Schedule
SH 135 Corridor Improvements
Grant award and execution
Design completion
Procurement
State and local approvals
Environmental review
Construction/installation
Closeout and final reporting
Post Crash Emergency Services
Grant award and execution
Design completion
Procurement
State and local approvals
Environmental review
Construction/installation
Closeout and final reporting
SH 135 (Main Street) and US 50 (Tomichi Avenue)
Grant award and execution
Design completion
Procurement
State and local approvals
Environmental review
Utility Relocation
Construction/installation
Closeout and final reporting
SH 135 and Brush Creek Road
Grant award and execution
Design completion
Procurement
State and local approvals
Environmental review
Utility Relocation
Construction/installation
Closeout and final reporting
SH 135 and Cement Creek Road
Grant award and execution
Design completion
Procurement
State and local approvals
Environmental review
Right of Way Acquisition
Utility Relocation
Construction/installation
Closeout and final reporting
SH 135 and Red Lady Avenue
Grant award and execution
Design completion
Procurement
State and local approvals
Environmental review
Utility Relocation
Construction/installation
Closeout and final reporting

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ATTACHMENT 2

U.S. DEPARTMENT OF TRANSPORTATION
EXHIBITS TO FHWA GRANT AGREEMENTS UNDER THE
FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT
PROGRAM
June 13, 2024
Revised: March 17, 2025

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EXHIBIT A
APPLICABLE FEDERAL LAWS AND REGULATIONS
By entering into this agreement for a FY 2024 Safe Streets and Roads for All Grant, the
Recipient assures and certifies, with respect to this Grant, that it will comply with all applicable
Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate
to the application, acceptance, and use of Federal funds for this Project. Performance under this
agreement shall be governed by and in compliance with the following requirements, as
applicable, to the type of organization of the Recipient and any applicable sub-recipients. The
applicable provisions to this agreement include, but are not limited to, the following:
General Federal Legislation
a. Federal Fair Labor Standards Act – 29 U.S.C. 201, et seq.
b. Hatch Act – 5 U.S.C. 1501, et seq.
c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 – 42
U.S.C. 4601, et seq.
d. National Historic Preservation Act of 1966 - Section 106 – 54 U.S.C. 306108
e. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. 312501, et seq.
f. Native American Graves Protection and Repatriation Act – 25 U.S.C. 3001, et seq.
g. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. 7401, et seq.
h. Section 404 of the Clean Water Act, as amended – 33 U.S.C. 1344
i. Section 7 of the Endangered Species Act, P.L. 93-205, as amended – 16 U.S.C. 1536
j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. 1451, et seq.
k. Flood Disaster Protection Act of 1973 - Section 102(a) – 42 U.S.C. 4012a
l. Age Discrimination Act of 1975 – 42 U.S.C. 6101, et seq.
m. American Indian Religious Freedom Act, P.L. 95-341, as amended
n. Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq.
o. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, P.L. 91-616, as amended – 42 U.S.C. 4541, et seq.
p. Sections 523 and 527 of the Public Health Service Act of 1912, as amended – 42 U.S.C.
290dd through 290dd-2
q. Architectural Barriers Act of 1968 – 42 U.S.C. 4151, et seq.
r. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42 - Section 403 – 42 U.S.C.
8373
s. Contract Work Hours and Safety Standards Act – 40 U.S.C. 3701, et seq.
t. Copeland Anti-kickback Act, as amended – 18 U.S.C. 874 and 40 U.S.C. 3145
u. National Environmental Policy Act of 1969 – 42 U.S.C. 4321, et seq.
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. 1271, et seq.
w. Federal Water Pollution Control Act, as amended – 33 U.S.C. 1251-1376
x. Single Audit Act of 1984 – 31 U.S.C. 7501, et seq.
y. Americans with Disabilities Act of 1990 – 42 U.S.C. 12101, et seq.
z. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681 through
1683 and 1685 through 1687
aa. Section 504 of the Rehabilitation Act of 1973, as amended – 29 U.S.C. 794
bb. Title VI of the Civil Rights Act of 1964 – 42 U.S.C. 2000d, et seq.
cc. Title IX of the Federal Property and Administrative Services Act of 1949 – 40 U.S.C.
1101 -1104, 541, et seq.
dd. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and

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Financial Transactions – 31 U.S.C. 1352
ee. Freedom of Information Act – 5 U.S.C. 552, as amended
ff. Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. 1855
gg. Farmland Protection Policy Act of 1981 – 7 U.S.C. 4201, et seq.
hh. Noise Control Act of 1972 – 42 U.S.C. 4901, et seq.
ii. Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. 661, et seq.
jj. Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 – 33 U.S.C.
401 and 525
kk. Section 4(f) of the Department of Transportation Act of 1966 – 49 U.S.C. 303
ll. Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended – 42 U.S.C. 9601, et seq.
mm. Safe Drinking Water Act – 42 U.S.C. 300f to 300j-26
nn. Wilderness Act – 16 U.S.C. 1131-1136
oo. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act
of 1976 – 42 U.S.C. 6901, et seq.
pp. Migratory Bird Treaty Act – 16 U.S.C. 703, et seq.
qq. The Federal Funding Transparency and Accountability Act of 2006, as amended (Pub.
L. 109–282, as amended by section 6202 of Public Law 110–252)
rr. Cargo Preference Act of 1954 – 46 U.S.C. 55305
ss. Section 889 of the John D. McCain National Defense Authorization Act for Fiscal Year
2019, Pub. L. 115-232
tt. Bringing in and harboring certain aliens – 8 U.S.C. 1324
uu. Aiding or assisting certain aliens to enter – 8 U.S.C. 1327
Executive Orders
a. Executive Order 11990 – Protection of Wetlands
b. Executive Order 11988 – Floodplain Management
c. Executive Order 12372 – Intergovernmental Review of Federal Programs
d. Executive Order 12549 – Debarment and Suspension
e. Executive Order 14005 – Ensuring the Future is Made in All of America by All of
America’s Workers
f. Executive Order 14025 – Worker Organizing and Empowerment
g. Executive Order 14149, Restoring Freedom of Speech and Ending Federal Censorship
h. Executive Order 14154, Unleashing American Energy
i. Executive Order 14151, Ending Radical and Wasteful Government DEI Programs and
Preferencing
j. Executive Order 14168 Defending Women from Gender Ideology Extremism and
Restoring Biological Truth to the Federal Government
k. Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based
Opportunity
Presidential Policy Directives and Memorandums
a. Presidential Policy Directive 21 – Critical Infrastructure Security and Resilience
b. National Security Presidential Memorandum on Improving Cybersecurity for Critical
Infrastructure Systems
General Federal Regulations
a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for

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Federal Awards – 2 C.F.R. Parts 200, 1201
b. Non-procurement Suspension and Debarment – 2 C.F.R. Parts 180, 1200
c. Investigative and Enforcement Procedures – 14 C.F.R. Part 13
d. Procedures for predetermination of wage rates – 29 C.F.R. Part 1
e. Contractors and subcontractors on public building or public work financed in whole or
part by loans or grants from the United States – 29 C.F.R. Part 3
f. Labor standards provisions applicable to contracts governing federally financed and
assisted construction (also labor standards provisions applicable to non-construction
contracts subject to the Contract Work Hours and Safety Standards Act) – 29 C.F.R.
Part 5
g. Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor (Federal and federally assisted contracting requirements) – 41
C.F.R. Parts 60, et seq.
h. New Restrictions on Lobbying – 49 C.F.R. Part 20
i. Nondiscrimination in Federally Assisted Programs of the Department of Transportation –
Effectuation of Title VI of the Civil Rights Act of 1964 – 49 C.F.R. Part 21, including
any amendments thereto
j. Uniform relocation assistance and real property acquisition for Federal and Federally
assisted programs – 49 C.F.R. Part 24
k. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving
Federal Financial Assistance – 49 C.F.R. Part 25
l. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance – 49 C.F.R. Part 27
m. DOT’s implementation of DOJ’s ADA Title II regulations compliance procedures for all
programs, services, and regulatory activities relating to transportation under 28 C.F.R.
Part 35
n. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities
Conducted by the Department of Transportation – 49 C.F.R. Part 28
o. Denial of public works contracts to suppliers of goods and services of countries that deny
procurement market access to U.S. contractors – 49 C.F.R. Part 30
p. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) – 49
C.F.R. Part 32
q. DOT’s implementing ADA regulations for transit services and transit vehicles, including
the DOT’s standards for accessible transportation facilities in Part 37, Appendix A – 49
C.F.R. Parts 37 and 38
r. Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs – 49 C.F.R. Part 26, including any amendments thereto
(as applicable under section 18.3 of this agreement)
Office of Management and Budget Circulars
a. Any applicable OMB Circular based upon the specific FY 2024 Safe Streets and Roads
for All Grant Recipient.
Highway Federal Legislation
a. Agreements relating to the use of an access to rights-of-way—Interstate System, 23
U.S.C. 111
b. Planning, 23 U.S.C. 134 and 135 (except for projects that are not regionally significant
that do not receive funding under Title 23 or Chapter 53 of Title 49)

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c. Tolls, 23 U.S.C. 301 (to the extent the recipient wishes to toll an existing free facility that
has received Title 23 funds in the past); except as authorized by 23 U.S.C. 129 and 166.
d. Efficient Environmental Reviews - 23 U.S.C. 139
e. Policy on lands, wildlife and waterfowl refuges, and historic sites - 49 U.S.C. 303
Federal Highway Regulations
a. Planning – 23 C.F.R. Part 450 (except for projects that are not regionally significant that
do not receive funding under Title 23 or Chapter 53 of Title 49)
b. National Highway System Design Standards – 23 C.F.R. Part 625
c. Location and Hydraulic Design of Encroachments on Flood Plains – 23 C.F.R. Part 650
Subpart A
d. Manual on Uniform Traffic Control Devices – 23 C.F.R. Part 655
e. Environmental Impact and Related Procedures – 23 C.F.R. Part 771
f. Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites (Section
4(f)) – 23 C.F.R. Part 774
g. Permitting Requirements under the National Pollutant Discharge Elimination System –
40 C.F.R. Part 122
Specific assurances required to be included in the FY 2024 Safe Streets and Roads for All Grant
agreement by any of the above laws, regulations, or circulars are hereby incorporated by
reference into this agreement.

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EXHIBIT B
ADDITIONAL STANDARD TERMS
TERM B.1
TITLE VI ASSURANCE
(Implementing Title VI of the Civil Rights Act of 1964, as amended)
ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY ASSISTED
PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL
FINANCIAL ASSISTANCE
(Implementing the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities
Act, as amended)
49 C.F.R. Parts 21, 25, 27, 37, and 38
The United States Department of Transportation (USDOT)
Standard Title VI/Non-Discrimination Assurances
DOT Order No. 1050.2A
By signing and submitting the Technical Application and by entering into this agreement under
the FY 2024 Safe Streets and Roads for All (SS4A) grant program, the Recipient HEREBY
AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S.
Department of Transportation (DOT), through the Federal Highway Administration (FHWA), it
is subject to and will comply with the following:
Statutory/Regulatory Authorities
•
•
•

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
49 C.F.R. Part 21, including any amendments thereto (entitled Non-discrimination In
Federally-Assisted Programs Of The Department Of Transportation—Effectuation Of
Title VI Of The Civil Rights Act Of 1964);
28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964);

The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and
“Regulations,” respectively.

General Assurances

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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy,
memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any
measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity,” for which the
Recipient receives Federal financial assistance from DOT, including the FHWA.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to
Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope
and coverage of these non-discrimination statutes and requirements to include all programs and
activities of the Recipient, so long as any portion of the program is Federally assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with
and gives the following Assurances with respect to its Federally assisted FY 2024 SS4A grant
program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in §§ 21.23
(b) and 21.23 (e) of 49 C.F.R. Part 21, including any amendments thereto, will be (with
regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will
be (with regard to a “program”) conducted in compliance with all requirements imposed
by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests
For Proposals for work, or material subject to the Acts and the Regulations made in
connection with the FY 2024 SS4A Grant and, in adapted form, in all proposals for
negotiated agreements regardless of funding source:
“The Recipient, in accordance with the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations,
hereby notifies all bidders that it will affirmatively ensure that for any contract
entered into pursuant to this advertisement, disadvantaged business enterprises
will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or
national origin in consideration for an award.”
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every
contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant
running with the land, in any deed from the United States effecting or recording a transfer
of real property, structures, use, or improvements thereon or interest therein to a
Recipient.

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5. That where the Recipient receives Federal financial assistance to construct a facility, or
part of a facility, the Assurance will extend to the entire facility and facilities operated in
connection therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the
acquisition of real property or an interest in real property, the Assurance will extend to
rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of
this Assurance, as a covenant running with the land, in any future deeds, leases, licenses,
permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the Assurance obligates the Recipient,
or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the
property.
9. The Recipient will provide for such methods of administration for the program as are
found by the Secretary of Transportation or the official to whom he/she delegates specific
authority to give reasonable guarantee that it, other recipients, sub-recipients, contractors,
subcontractors, consultants, transferees, successors in interest, and other participants of
Federal financial assistance under such program will comply with all requirements
imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the Recipient also agrees to comply (and require any subrecipients, contractors, successors, transferees, and/or assignees to comply) with all applicable
provisions governing the FHWA’s access to records, accounts, documents, information,
facilities, and staff. You also recognize that you must comply with any program or compliance
reviews, and/or complaint investigations conducted by the FHWA. You must keep records,
reports, and submit the material for review upon request to FHWA, or its designee in a timely,
complete, and accurate way. Additionally, you must comply with all other reporting, data
collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

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The Recipient gives this ASSURANCE in consideration of and for obtaining any Federal grants,
loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal
financial assistance extended after the date hereof to the recipients by the U.S. Department of
Transportation under the FY 2024 SS4A grant program. This ASSURANCE is binding on the
Recipient, other recipients, sub-recipients, contractors, subcontractors and their subcontractors’,
transferees, successors in interest, and any other participants in the FY 2024 SS4A grant
program.

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APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will
comply with the Acts and the Regulations relative to Non-discrimination in Federallyassisted programs of the U.S. Department of Transportation, Federal Highway
Administration (FHWA), as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The contractor will not participate directly or indirectly in the discrimination
prohibited by the Acts and the Regulations, including employment practices when the
contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. Part
21, including any amendments thereto.
3. Solicitations for Subcontracts, Including Procurements 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 procurements of materials, or leases
of equipment, each potential subcontractor or supplier will be notified by the contractor of
the contractor’s obligations under this contract and the Acts and the Regulations relative to
Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports
required by the Acts, the Regulations, and directives 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 Recipient or the FHWA to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information required
of a contractor is in the exclusive possession of another who fails or refuses to furnish the
information, the contractor will so certify to the Recipient or the FHWA, as appropriate,
and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the
Non-discrimination provisions of this contract, the Recipient will impose such contract
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor
complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant
thereto. The contractor will take action with respect to any subcontract or procurement as

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the Recipient or the FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is
threatened with litigation by a subcontractor, or supplier because of such direction, the
contractor may request the Recipient to enter into any litigation to protect the interests of
the Recipient. In addition, the contractor may request the United States to enter into the
litigation to protect the interests of the United States.

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APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to
the provisions of Specific Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the
condition that the Recipient will accept title to the lands and maintain the project constructed
thereon in accordance with the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov.
15, 2021), the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022), the
Consolidated Appropriations Act, 2024, Pub. L. No. 118-122 (Mar. 9, 2024) , the Regulations for
the Administration of FY 2024 SS4A grant program, and the policies and procedures prescribed
by the Federal Highway Administration (FHWA) of the U.S. Department of Transportation in
accordance and in compliance with all requirements imposed by Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, including
any amendments thereto, pertaining to and effectuating the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release,
quitclaim and convey unto the Recipient all the right, title and interest of the U.S. Department of
Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto Recipient and its successors
forever, subject, however, to the covenants, conditions, restrictions and reservations herein
contained as follows, which will remain in effect for the period during which the real property or
structures are used for a purpose for which Federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits and will be binding on the
Recipient, its successors and assigns.
The Recipient, in consideration of the conveyance of said lands and interests in lands, does hereby
covenant and agree as a covenant running with the land for itself, its successors and assigns, that
(1) no person will on the grounds of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility
located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the
Recipient will use the lands and interests in lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, including
any amendments thereto, Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations and Acts may be amended[, and (3) that in the event of breach of any of the abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said
lands and facilities on said land, and that above described land and facilities will thereon revert to
and vest in and become the absolute property of the U.S. Department of Transportation and its
assigns as such interest existed prior to this instruction].*

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(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to make clear the purpose of Title VI.)

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APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED
UNDER THE ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments
entered into by the Recipient pursuant to the provisions of Specific Assurance 7(a):
A. The (Recipient, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant
running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the
property described in this (deed, license, lease, permit, etc.) for a purpose for which a
U.S. Department of Transportation activity, facility, or program is extended or for
another purpose involving the provision of similar services or benefits, the (Recipient,
licensee, lessee, permittee, etc.) will maintain and operate such facilities and services
in compliance with all requirements imposed by the Acts and Regulations (as may be
amended) such that no person on the grounds of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, Recipient will have the right to terminate the (lease, license,
permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold
the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination
covenants, the Recipient will have the right to enter or re-enter the lands and facilities
thereon, and the above described lands and facilities will there upon revert to and vest in and
become the absolute property of the Recipient and its assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)

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APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED
UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar
instruments/agreements entered into by Recipient pursuant to the provisions of Specific
Assurance 7(b):
A. The (Recipient, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant
running with the land”) that (1) no person on the ground of race, color, or national origin,
will be excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any improvements
on, over, or under such land, and the furnishing of services thereon, no person on the ground
of race, color, or national origin, will be excluded from participation in, denied the benefits
of, or otherwise be subjected to discrimination, (3) that the (Recipient, licensee, lessee,
permittee, etc.) will use the premises in compliance with all other requirements imposed by
or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above
Non-discrimination covenants, Recipient will have the right to terminate the (license, permit,
etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon,
and hold the same as if said (license, permit, etc., as appropriate) had never been made or
issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination
covenants, Recipient will there upon revert to and vest in and become the absolute property
of Recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)

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APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•
•
•
•
•
•

•

•
•

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part
21, including any amendments thereto.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of Federal or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act
of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms “programs or activities” to include all of the programs or activities of the
Federal-aid recipients, sub-recipients and contractors, whether such programs or activities
are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 – 12189) as implemented by Department of Transportation regulations at 49
C.F.R. Parts 37 and 38;
The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et
seq).
TERM B.2
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS
2 C.F.R. Parts 180 and 1200

These assurances and certifications are 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 or that is
estimated to cost $25,000 or more – as defined in 2 C.F.R. Parts 180 and 1200.
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By signing and submitting the Technical Application and by entering into this agreement under
the FY 2024 SS4A grant program, the Recipient is providing the assurances and certifications for
First Tier Participants and Lower Tier Participants in the FY 2024 SS4A Grant, as set out below.
1. Instructions for Certification – First Tier Participants:
a. 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,” “civil judgment,” “debarred,” “suspended,” “ineligible,”
“participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are
defined in 2 C.F.R. Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered
transaction between a Recipient or subrecipient 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 Recipient or subrecipient of
Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers to 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
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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 System for Award Management website
(https://www.sam.gov/), which is compiled by the General Services Administration.
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.
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, including a civil settlement, 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 (a)(2) 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.

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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 C.F.R. Parts 180 and 1200)
a. The prospective lower tier participant 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 learns that
its certification was erroneous by reason of changed circumstances.
d. The terms “covered transaction,” “civil settlement,” “debarred,” “suspended,” “ineligible,”
“participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are
defined in 2 C.F.R. 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 Recipient or subrecipient 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 Recipient or subrecipient 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
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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 System for Award Management website
(https://www.sam.gov/), 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 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 e of these instructions, if a participant
in a covered transaction knowingly enters 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 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 are 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.

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TERM B.3
REQUIREMENTS REGARDING DELINQUENT TAX LIABILITY OR A FELONY
CONVICTION UNDER ANY FEDERAL LAW
As required by sections 744 and 745 of Title VII, Division E of the Consolidated Appropriations
Act, 2023, Pub. L. No. 117-328 (Dec. 29, 2022), and implemented through USDOT Order
4200.6, the funds provided under this award shall not be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that:
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a
Federal agency has considered suspension or debarment of the corporation and made a
determination that suspension or debarment is not necessary to protect the interests of the
Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding
24 months, where the awarding agency is aware of the conviction, unless a federal
agency has considered suspension or debarment of the corporation and made a
determination that suspension or debarment is not necessary to protect the interests of the
Government.
The Recipient therefore agrees:
1. Definitions. For the purposes of this exhibit, the following definitions apply:
“Covered Transaction” means a transaction that uses any funds under this award and that is
a contract, memorandum of understanding, cooperative agreement, grant, loan, or loan
guarantee.
“Felony Conviction” means a conviction within the preceding 24 months of a felony
criminal violation under any Federal law and includes conviction of an offense defined in a
section of the United States Code that specifically classifies the offense as a felony and
conviction of an offense that is classified as a felony under 18 U.S.C. 3559.
“Participant” means the Recipient, an entity who submits a proposal for a Covered
Transaction, or an entity who enters into a Covered Transaction.
“Tax Delinquency” means an unpaid Federal tax liability that has been assessed, for which
all judicial and administrative remedies have been exhausted, or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability.
2. Mandatory Check in the System for Award Management. Before entering a Covered
Transaction with another entity, a Participant shall check the System for Award Management
(the “SAM”) at http://www.sam.gov/ for an entry describing that entity.

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3. Mandatory Certifications. Before entering a Covered Transaction with another entity, a
Participant shall require that entity to:
(1) Certify whether the entity has a Tax Delinquency; and
(2) Certify whether the entity has a Felony Conviction.
4

Prohibition. If
(1) the SAM entry for an entity indicates that the entity has a Tax Delinquency or a
Federal Conviction;
(2) an entity provides an affirmative response to either certification in section 3; or
(3) an entity’s certification under section 3 was inaccurate when made or became
inaccurate after being made
then a Participant shall not enter or continue a Covered Transaction with that entity unless
the USDOT has determined in writing that suspension or debarment of that entity are not
necessary to protect the interests of the Government.

5. Mandatory Notice to the USDOT.
(a) If the SAM entry for a Participant indicates that the Participant has a Tax Delinquency or
a Felony Conviction, the Recipient shall notify the USDOT in writing of that entry.
(b) If a Participant provides an affirmative response to either certification in section 1, the
Recipient shall notify the USDOT in writing of that affirmative response.
(c) If the Recipient knows that a Participant’s certification under section 1 was inaccurate
when made or became inaccurate after being made, the Recipient shall notify the USDOT
in writing of that inaccuracy.
6. Flow Down. For all Covered Transactions, including all tiers of subcontracts and subawards,
the Recipient shall:
(1) require the SAM check in section 2;
(2) require the certifications in section 3;
(3) include the prohibition in section 4; and
(4) require all Participants to notify the Recipient in writing of any information that
would require the Recipient to notify the USDOT under section 5.

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TERM B.4
RECIPIENT POLICY TO BAN TEXT MESSAGING WHILE DRIVING
(a) Definitions. The following definitions are intended to be consistent with the definitions in
DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009) and Executive Order
13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009). For
clarification purposes, they may expand upon the definitions in the executive order.
For the purpose of this Term B.4, “Motor Vehicles” means any vehicle, self-propelled or drawn
by mechanical power, designed and operated principally for use on a local, State or Federal
roadway, but does not include a military design motor vehicle or any other vehicle excluded
under Federal Management Regulation 102-34-15.
For the purpose of this Term B.4, “Driving” means operating a motor vehicle on a roadway,
including while temporarily stationary because of traffic congestion, a traffic signal, a stop sign,
another traffic control device, or otherwise. It does not include being in your vehicle (with or
without the motor running) in a location off the roadway where it is safe and legal to remain
stationary.
For the purpose of this Term B.4, “Text messaging” means reading from or entering data into
any handheld or other electronic device (including, but not limited to, cell phones, navigational
tools, laptop computers, or other electronic devices), including for the purpose of Short Message
Service (SMS) texting, e-mailing, instant messaging, obtaining navigational information, or
engaging in any other form of electronic data retrieval or electronic data communication. The
term does not include the use of a cell phone or other electronic device for the limited purpose of
entering a telephone number to make an outgoing call or answer an incoming call, unless this
practice is prohibited by State or local law. The term also does not include glancing at or
listening to a navigational device that is secured in a commercially designed holder affixed to the
vehicle, provided that the destination and route are programmed into the device either before
driving or while stopped in a location off the roadway where it is safe and legal to remain
stationary.
For the purpose of this Term B.4, the “Government” includes the United States Government and
State, local, and tribal governments at all levels.
(b) Workplace Safety. In accordance with Executive Order 13513, Federal Leadership on
Reducing Text Messaging While Driving (Oct. 1, 2009) and DOT Order 3902.10, Text
Messaging While Driving (Dec. 30, 2009), the Recipient, subrecipients, contractors, and
subcontractors are encouraged to:
(1) adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving—
(i) Company-owned or -rented vehicles or Government-owned, leased or rented
vehicles; or
(ii) Privately-owned vehicles when on official Government business or when
performing any work for or on behalf of the Government.
(2) Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as—

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(i) Establishment of new rules and programs or re-evaluation of existing programs
to prohibit text messaging while driving; and
(ii) Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
(c) Subawards and Contracts. To the extent permitted by law, the Recipient shall insert the
substance of this exhibit, including this paragraph (c), in all subawards, contracts, and
subcontracts under this award that exceed the micro-purchase threshold, other than contracts and
subcontracts for the acquisition of commercially available off-the-shelf items.

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EXHIBIT C
QUARTERLY PERFORMANCE PROGRESS REPORTS:
FORMAT AND CONTENT
1.
Purpose. The purpose of the Quarterly Performance Progress Reports under this
agreement for the FY 2024 SS4A grant program is to ensure that the project scope, schedule, and
budget will be maintained to the maximum extent possible.
2.
Format and Content. The Recipient shall produce a quarterly cost, schedule, and status
report that contains the sections enumerated in the following list. The first Quarterly
Performance Progress Report should include a detailed description of the items funded.
(a) Project Information. This section provides the name of the project, the State, the
federal agency to which the report is submitted, submission date, award number,
name of the recipient, report year and quarter and NOFO funding year.
(b) Project Overall Status. This section provides an overall status of the project’s scope,
schedule and budget. The Recipient shall note and explain any significant activities
and issues, action items and outstanding issues.
i. Project Significant Activities and Issues. This section provides highlights of key
activities, accomplishments, and issues occurring on the project during the
previous quarter. Activities and deliverables to be reported on should include
meetings, audits and other reviews, design packages submitted, advertisements,
awards, construction submittals, construction completion milestones, submittals
related to any applicable IIJA or NOFO requirements, media or Congressional
inquiries, value engineering/constructability reviews, and other items of
significance.
ii. Action Items/Outstanding Issues. This section should draw attention to, and
track the progress of, highly significant or sensitive issues requiring action and
direction to resolve. The Recipient should include administrative items and
outstanding issues that could have a significant or adverse effect on the project’s
scope, schedule, or budget. Status, responsible person(s), and due dates should be
included for each action item/outstanding issue. Action items requiring action or
direction should be included in the quarterly status meeting agenda. The action
items/outstanding issues may be dropped from this section upon full
implementation of the remedial action, and upon no further monitoring
anticipated.
(c) Milestones. This section documents progress of the milestones outlined in Section
3.2. The Recipient should include the baseline date (when the project is projected to
begin) of each milestone, amendments to those dates (if applicable) and the
actual/expected date of completion. There are Milestone charts for action plans,
supplemental planning activities, demonstration activity projects and implementation
(both construction and non-construction) projects.

C-1

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ATTACHMENT 2

EXHIBIT D
FORM FOR SUBSEQUENT OBLIGATION OF FUNDS
The USDOT and [recipient name] entered a grant agreement for the [project name] that was
executed by the USDOT on [date of USDOT signature on original agreement] (the
“Agreement”).
This instrument obligates [$XXX] for [insert portion of project listed in the Agreement].
[Recipient name] states that:
(1)

the Agreement accurately describe the Project’s activities;

(2)

for each completion date listed in the Agreement, the Recipient’s estimate for that
milestone is not more than six months after the date listed in the Agreement;

(3)

comparing the Project’s current budget with the amounts listed in the Agreement,
the “Non-Federal Funds” amount has not decreased and the total eligible project
costs amount has not decreased; and

(4)

under the terms of article 21 of the General Terms and Conditions, the Recipient
is not presently required to request a modification to the Agreement.

[Recipient name] acknowledges that USDOT is acting in reliance on the Recipient’s statements
above.
By:
Date

Signature of Recipient’s Authorized Representative
[insert name]
Name
[insert title]
Title

D-1

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ATTACHMENT 2

The USDOT has determined that all applicable Federal requirements for obligating these funds
are satisfied.

By:
Date

Signature of USDOT’s Authorized Representative
[insert name]
Name
[insert title]
Title

D-2

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LIQUOR STORE

DISPENSARY

GAS STATION/
CONVENIENCE STORE

W ELIZABETH AVE

CAR WASH

SHERWIN-WILLIAMS

RESTAURANT

N MAIN ST

N MAIN ST

N MAIN ST

N COLORADO ST

SPENCER AVE
BANK

DISPENSARY

N MAIN ST

TRAIL

N COLORADO ST

NO.
1

DESCRIPTION
15% CONCEPT DESIGNS

DATE
09/21/2026

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CITY OF GUNNISON
CO-135 SS4A CONCEPT DESIGNS
NOTE: IMPROVEMENTS TO BE CONSTRUCTED ENTIRELY WITHIN THE PUBLIC RIGHT OF WAY.
ROW LIMITS TO BE DETERMINED DURING SURVEY.

PROJECT NAME:

N MAIN STREET (CO-135)
CONCEPTUAL SIDEWALK PLAN
DESIGNED BY

MO DATE

04/29/2026

DRAWN BY

MO DATE

04/29/2026

CHECKED BY

CS DATE

06/26/2026

DATE ISSUED:

DRAWING NO.

FP DN26-0893.01

CO-135 / N Main St

P

P

P

P

US-50 / E Tomichi Ave

US-50 / W Tomichi Ave
S Main St

NO.
1

DESCRIPTION
15% CONCEPT DESIGNS

DATE
06/26/2026

CITY OF GUNNISON
CO-135 SS4A CONCEPT DESIGNS
PROJECT NAME:
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MAIN STREET (CO-135) & TOMICHI AVENUE (US-50)
INTERSECTION IMPROVEMENTS CONCEPTUAL
PLAN
DESIGNED BY

MO DATE

04/29/2026

DRAWN BY

MO DATE

04/29/2026

CHECKED BY

CS DATE

06/26/2026

DATE ISSUED:

DRAWING NO.

FP DN26-0893.01

ATTACHMENT 3

City of Gunnison
Sidewalk Improvements

8/12/2026

MODIFIED

Opinion of Probable Costs for Concept Design
Sidewalk Improvements

CREATED BY:

M. Ostwald

CHECKED BY:

E. Park

Sidewalk Improvements
ITEM NO.

201-00001
202-00011
202-00206
202-00240
202-00250
203-00000
203-00060
208-00200
210-00750
210-00810
212-00006
403-00720
608-00000
608-00010
608-00015
609-21010
625-00000
626-00000
626-0110X
627-00005
630-00012
700-70310

DESCRIPTION
CLEARING AND GRUBBING
TREE TRIMMING
REMOVAL OF CONCRETE CURB RAMP
REMOVAL OF ASPHALT MAT (PLANING)
REMOVAL OF PAVEMENT MARKING
UNCLASSIFIED EXCAVATION
EMBANKMENT MATERIAL
EROSION CONTROL MANAGEMENT
RESET LIGHT STANDARD
RESET GROUND SIGN
SEEDING (NATIVE)
HOT MIX ASPHALT (PATCHING)(ASPHALT)
CONCRETE SIDEWALK
CONCRETE CURB RAMP
DETECTABLE WARNINGS
VERTICAL CURB AND GUTTER
CONSTRUCTION SURVEYING
MOBILIZATION
PUBLIC INFORMATION SERVICES
EPOXY PAVEMENT MARKING
TRAFFIC CONTROL
F/A LANDSCAPING
SUBTOTAL ITEMS

UNIT QUANTITY
ACRE
0.3
EACH
1
SY
6
SY
1,743
SF
182
CY
502
CY
64
LS
1
EACH
6
EACH
3
ACRE
0.2
TON
2
SY
2,267
SY
11
SF
240
LF
100
LS
1
LS
1
LS
1
GAL
1
LS
1
FA
1

10,580
750
35
4
1
55
40
10,000
2,130
490
2,620
330
110
180
90
40
6,000
15,000
30,000
190
20,000
10,000

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

2,690
750
220
6,980
190
27,590
2,550
10,000
12,780
1,470
410
810
249,420
2,000
21,600
4,000
6,000
15,000
30,000
190
20,000
10,000
424,650

1 $

45,000.00 $
$
$
$
$
$
$

45,000
63,700
33,980
50,960
84,930
8,500
711,720

$
$

213,520
925,240

LS
15%
8%
12%
20%
2%

General Contingency

30% of Subtotal

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COST

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

Surveying for Design
Final Design Fee
Grant Management
Construction Administration
Construction Contingency
Testing and Inspection
SUBTOTAL

PROJECT TOTAL

UNIT PRICE

of Items
of Items
of Items
of Items
of Items

City of Gunnison
Main St & Tomichi Ave Intersection Improvements
Signal Modifications and Curb Extensions on Two Corners

8/12/2026

MODIFIED

Opinion of Probable Costs for Concept Design
Main St & Tomichi Ave Intersection Improvements

CREATED BY:

M. Ostwald

CHECKED BY:

E. Park

Main St & Tomichi Ave Intersection Improvements
ITEM NO.

202-00203
202-00206
202-00240
202-00250
202-00831
202-00860
208-00200
210-04020
403-00720
503-00018
603-10XXX
603-10240
608-00000
608-00010
608-00015
609-21010
613-00206
613-10000
614-00011
614-10160
614-70448
614-72855
614-72858
614-72860
625-00000
626-00000
627-00005
627-30405
630-00012
626-0110X

DESCRIPTION
REMOVAL OF CONCRETE CURB & GUTTER
REMOVAL OF CONCRETE CURB RAMP
REMOVAL OF ASPHALT MAT (PLANING)
REMOVAL OF PAVEMENT MARKING
REMOVAL OF TRAFFIC SIGNAL HEAD
REMOVAL OF PEDESTRIAN PUSH BUTTON
EROSION CONTROL MANAGEMENT
MODIFY INLET
HOT MIX ASPHALT (PATCHING)(ASPHALT)
DRILLED CAISSON (18 INCH)
LATERAL EXTENSION OF EXISTING STORM PIPE
24 INCH CORRUGATED STEEL PIPE
CONCRETE SIDEWALK
CONCRETE CURB RAMP
DETECTABLE WARNINGS
VERTICAL CURB AND GUTTER
2-INCH ELECTRICAL CONDUIT (BORED)
WIRING
SIGN PANEL (CLASS I)
SIGNAL HEAD BACK PLATES
TRAFFIC SIGNAL FACE (12-12-12-12)
TRAFFIC SIGNAL CONTROLLER CABINET
PEDESTAL POLE (3 FOOT 6 INCH)
PEDESTRIAN PUSH BUTTON
CONSTRUCTION SURVEYING
MOBILIZATION
EPOXY PAVEMENT MARKING
PREFORMED THERMOPLASTIC PAVEMENT MARKING (WORD-SYMBOL)
TRAFFIC CONTROL
PUBLIC INFORMATION SERVICES
SUBTOTAL ITEMS

UNIT QUANTITY
LF
215
SY
40
SY
297
SF
0
EACH
4
EACH
4
LS
1
EACH
0
TON
3
LF
20
LF
0
LF
18
SY
216
SY
22
SF
48
LF
265
LF
150
LS
1
SF
30
EACH
7
EACH
4
EACH
1
EACH
4
EACH
4
LS
1
LS
1
GAL
0
SF
0
LS
1
LS
1

15
35
4
1
230
315
5,000
10,000
330
350
300
300
110
180
90
40
20
7,000
35
280
1,550
43,000
1,950
1,330
6,000
15,000
190
25
20,000
30,000

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

3,230
1,390
1,190
920
1,260
5,000
1,070
7,000
5,400
23,790
4,000
4,320
10,600
3,000
7,000
1,050
1,960
6,200
43,000
7,800
5,320
6,000
15,000
20,000
30,000
215,500

1 $

15,000.00 $
$
$
$
$
5,000 $
$
$

15,000
32,330
17,240
25,860
43,100
5,000
4,310
358,340

$
$

107,510
465,850

LS
15%
8%
12%
20%
LS
2%

General Contingency

30% of Subtotal

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COST

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

Surveying for Design
Final Design Fee
Grant Management
Construction Administration
Construction Contingency
Traffic Signal Timing
Testing and Inspection
SUBTOTAL

PROJECT TOTAL

UNIT PRICE

of Items
of Items
of Items
of Items
1
of Items

$

City of Gunnison Agenda Report
Date:
To:
From:
Subject:

October 23, 2026
Mayor and City Council
Andie Ruggera, Senior Planner
Item No. VII. B., Ordinance No. 6, Series 2026, Second Reading: An
Ordinance of the City Council of the City of Gunnison, Colorado, Amending
Gunnison Municipal Code Title 15, Land Development Code, Chapter 15.90
Existing Nonconformities
_________________________________________________________________
Strategic Framework:
Housing Affordability: Refine policies and enhance partnerships to increase housing
attainability and affordability.
Economic Prosperity: Implement vibrancy initiatives and embark on a clear strategy that
effectively supports new and existing businesses.
Background:
The City of Gunnison’s Land Development Code (LDC) is a comprehensive document that
outlines regulations and standards for how land can be developed within city limits. The
LDC was updated and adopted in December 2025 to address community priorities
including expanding housing opportunities, encouraging economic vitality, and
modernizing and simplifying standards.
Chapter 15.90, Existing Nonconformities is a section of the LDC that was carried over from
the 2014 LDC with very minimal modifications. This chapter addresses existing uses,
structures, lots, signs and manufactured home parks that were lawfully established at the
time of their development but that do not conform to the current LDC. Changes to an
existing, nonconforming use are currently strictly limited.
At the September 22, 2026, City Council meeting, Council directed staff to review and
provide further clarification on nonconforming commercial and industrial uses as well as
the nonconforming signs section regarding discontinuance of a sign.
Staff Recommendation:
Based upon various property owner inquiries and input, an opportunity and value exist in
providing additional flexibility in the LDC to allow certain changes to non-conforming uses.
For example, updating existing structures protects property values and enhances safety
by enabling older buildings to be brought up to code or enlarged. A limited expansion of
commercial or industrial uses could promote economic vitality and may prevent empty
buildings. Additionally, expansion of existing residential uses, generally, has limited
impact on the adjacent properties or zone. Providing some flexibility with nonconforming
uses may also supports pre-existing property rights.
City of Gunnison Agenda Report | Page 1 of 2

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The nonconforming uses modification proposes to allow limited expansion of commercial
and industrial uses that are inside a permanent structure by up to 25% of the gross floor
area occupied at the time it became nonconforming. A nonconforming use of land, not
related to the nonconforming use of a building, shall not be expanded. Dimensional
standards for setbacks, height, etc. would need to be met as well as compliance with fire
separation requirements of the International Fire Code.
Residential properties could expand their residential gross floor area without a percentage
or maximum; however, compliance with the dimensional standards (setbacks, height, etc.)
of the residential zone district the home is situated in would be required, or compliance
with the MR (Mixed Residential) zone district for residential uses situated in a nonresidential zone district would be required. Additionally, compliance with fire separation
codes within the International Fire Code would be required. For nonconforming residential
uses, the density (number of units) could not be increased unless the extension of units
is permitted within the Principal Use Table for that zone district. For example, the
increased density of an accessory dwelling unit would be allowed since they are permitted
in all zone districts.
The addition of repair or maintenance language for nonconforming signs provides clear
limitations on signs. Additionally, the discontinuance of a nonconforming sign was
modified to align with current modern standards.
Per Section 15.40.26 the LDC, this type of code change does not require review or
recommendation by the Planning and Zoning Commission.
Action:
Consider a motion to 1) Introduce Ordinance No.6, Series 2026, and read the ordinance
aloud by title only; and 2) a motion to adopt Ordinance No. 6, Series 2026, on Second
Reading.
Attachment:
1. Ordinance No. 6, Series 2026, Second Reading: An Ordinance of the City
Council of the City of Gunnison, Colorado, Amending Gunnison Municipal Code Title
15, Land Development Code, Chapter 15.90 Existing Nonconformities

City of Gunnison Agenda Report | Page 2 of 2

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ATTACHMENT 1
ORDINANCE NO. 6
SERIES 2026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUNNISON,
COLORADO, AMENDING GUNNISON MUNICIPAL CODE TITLE 15, LAND
DEVELOPMENT CODE, CHAPTER 15.90 EXISTING NONCONFORMITIES
WHEREAS, the City of Gunnison, Colorado (the “City”), is a Colorado home-rule
municipality and has the power to zone, regulate land use, and apply development standards to
real property under its Home Rule Municipal Charter, as well as Title 31, Article 23 (Planning and
Zoning), and Title 29 Article 20 (Local Government Land Use Control Enabling Act) of the
Colorado Revised Statutes; and
WHEREAS, the Title 15, Land Development Code (LDC) was updated and adopted in
December 2025 to address community priorities including expanding housing opportunities,
encouraging economic vitality, and modernizing and simplifying standards; and
WHEREAS, Chapter 15.90, Existing Nonconformities is a section of the LDC carried over
from the 2014 LDC with minimal modifications; and
WHEREAS, based upon various property owner inquiries and input, an opportunity and
value exist in providing additional flexibility in the LDC to allow certain changes to
nonconforming uses and to provide clarity to nonconforming signs; and
WHEREAS, the City Council provided direction on changes to the proposed LDC changes
and requested that an ordinance be drafted for Council’s consideration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GUNNISON,
COLORADO, ORDAINS THAT:
Section 1. Title 15, Land Development Code, Chapter 15.90 Existing Nonconformities
hereby amends the following sections to read as follows:

15.90.10 General Provisions
A. Purpose.
Within the City there exist uses, structures, lots, signs and manufactured home parks that were
lawfully established pursuant to the land development regulations in effect at the time of their
development that do not now conform to the provisions of this LDC. The purpose of this Chapter
is to regulate and limit the continued existence of these nonconformities. It is the intent of the
City to permit these nonconformities to continue with limitations based upon the type of
nonconformity to preserve the integrity of the zone districts and the other provisions of this LDC.

B. Applicability.

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This Chapter's regulations apply to all nonconformities. Uses, structures, lots, signs, or
manufactured home parks that were illegally established or constructed are not nonconformities
and the provisions of this Chapter do not apply to them.

15.90.20 Nonconforming Uses
A. Authority to Continue.
Nonconforming uses may continue in accordance with the provisions of this Section.

B. Maintenance and Reconstruction.
1.
2.

Normal Maintenance. Normal maintenance, repairs or alterations may be performed to
permit continuation of a nonconforming use.
Reconstruction. If a nonconforming use is damaged by fire or other cause to the extent of
more than 80 percent of its replacement cost as determined by an insurance adjuster, it
shall only be reconstructed in compliance with the provisions of this LDC.

C. Extensions.
A nonconforming use shall only be extended or enlarged in accordance with the following:
1. Limited Expansion of Non-Residential Uses.
a. Allowance. Enlargement of a nonconforming commercial or industrial use inside a
permanent structure may be expanded on a one-time basis up to 25% of the gross floor area
occupied by the use at the time it became nonconforming. The nonconforming use of land,
not related to the nonconforming use of a permanent structure, shall not be expanded.
b. Review Procedure. Any proposed expansion under this subsection shall be required
according to Chapter 15.30 Development Review Procedures.
c. Code Compliance. A nonconforming use shall meet the dimensional standards for
the zone district that the use is located in per Table 15.50.40.B Non-Residential
Dimensional Standards. Any expansion shall also meet fire separation requirements
of the International Fire Code.
2. Expansion of Residential Uses.
a. Allowance. Legally nonconforming residential uses may expand and enlarge the total
gross floor area of the residential use.
b. Code Compliance. A nonconforming use shall meet the dimensional standards of the
Residential zone district that the use is located in. For nonconforming residential uses
located in a non-residential zone district, the extension of the residential use shall meet
the minimum dimensional standards of the MR zone district according to Table
15.50.40.A Residential Dimensional Standards. Any expansion shall also meet the fire
separation requirements of the International Fire Code.
c. No Increase in Density. An extension of a nonconforming residential use shall not
increase the number of dwelling units unless the extension of units is permitted in Table
15.50.30, Principal Use Table, in the zone district the use is situated and would bring the
nonconformity into conformance with this LDC.
3. Exceptions. An exception to the limitations on extension of a nonconforming use may be
permitted by the City to comply with the provisions of the Americans with Disabilities Act
(ADA), provided it is demonstrated that the only way to comply with the ADA would be
through an extension which increases the use’s nonconformity, and that the extension is
the minimum necessary to comply with the ADA.

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D. Relocation.
A structure containing a nonconforming use shall not be moved to another location unless
it shall thereafter conform to the provisions of the zone district into which it is moved.

E. Change in Use.

A nonconforming use shall not be changed to another use unless the new use shall conform to the
provisions of the zone district in which it is located. If a nonconforming use is changed to a
conforming use for any period of time, it may not thereafter be changed back to any
nonconforming use.

F. Discontinuance.
If a nonconforming use is discontinued for a period of 12 consecutive months, then such use shall not
be reestablished or resumed, and any subsequent use must conform to the provisions of this LDC.

15.90.50 Nonconforming Signs
A. Authority to Continue.
Any sign in existence on the effective date of this LDC which does not conform with the
provisions of the LDC shall be allowed to remain and to be maintained in good repair, so long as
the sign is used in conjunction with an existing business.

B. Repair or Maintenance.
Repair or maintenance of a nonconforming sign may include replacement of minor parts, cleaning
or painting, and changing all or part of the sign face, including changes for a new business.

C. Discontinuance.
A nonconforming sign is deemed abandoned or discontinued and the right to utilize the sign
terminated immediately if any of the following occur:
1. Non-Use. The non-use of the sign and/or sign structure to advertise a business for a
continuous period of more than 180 days.
2. Dilapidation. Discontinuance or abandonment occurs regardless of the intent of the
property owner if the nonconforming sign is dilapidated (state of disrepair, illegible
or a safety hazard) for a continuous period of 180 days.

Section 2. Severability. Should any section, clause, phrase, or provision of this ordinance
be ruled invalid or unenforceable by any court of competent jurisdiction, it is hereby declared the
intent of the City Council of the City of Gunnison, Colorado, that the remaining provisions of this
ordinance shall be given full force and effect if it is possible to do so.
INTRODUCED, READ, PASSED, AND ORDERED PUBLISHED this 13th day of
October, 2026, on first reading, and introduced, read, and adopted on second and final reading this
27th day of October, 2026.

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______________________________
______
Diego Plata, Mayor

SEAL
ATTEST:

_______________________________
Erica Boucher, City Clerk
Published in the Gunnison Country Times
October 22, 2026

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City of Gunnison Agenda Report
Date:
To:
From:
Subject:

October 27th, 2026
Mayor and City Council
Amanda Wilson, City Manager
Item No. VIII. A., Gunnison Country Chamber of Commerce Annual
Report
______________________________________________________________________
Strategic Framework:
Economic Prosperity - Implement vibrancy initiatives and embark on a clear
strategy that effectively supports new and existing businesses.
Background:
On February 24, 2026, City Council approved a contract for services in the total amount
of $82,225 with Gunnison County Chamber of Commerce to assist with funding the
operational expenditures of the Visitor's Center. The contract provides that a detailed
report shall be presented by October 31, 2026. (Attachment 1).
Staff Recommendation:
N/A; presentation only.
Action:
No action requested; report only.
Will there be any financial impact?
N/A
Has this item been budgeted?
N/A
Attachments:
1. Gunnison Country Chamber of Commerce and Visitor Center Annual Report

City of Gunnison Agenda Report | Page 1 of 1

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ATTACHMENT 1

Visitor Center Annual Report
To the City of Gunnison
October 2026

Introduction
The Gunnison Country Chamber of Commerce serves a dual role in the Gunnison community:
supporting local businesses as a membership organization while also operating the Visitor
Center in partnership with the City of Gunnison. Annual funding through the City's contract for
services makes it possible to provide visitor services year-round.
The Visitor Center provides a personal connection to Gunnison. Staff greet travelers, answer
questions, and share local knowledge about businesses, recreation, events, and community
services. In addition to welcoming travelers, the Chamber maintains the facility and provides
information to residents and businesses throughout the year.
In 2026, the Chamber continued its focus on fiscal responsibility, organizational planning, and
modernization of the Visitor Center. Following the priorities established in its strategic plan and
outlined in last year's report, the Chamber convened a committee to evaluate the facility and
develop a plan for its future use.
The Chamber also began reviewing its operating structure to address changing visitor traffic and
anticipated funding constraints.

2026 Results
Visitor Services and Operations
The Visitor Center continued providing year-round assistance to travelers and residents, with
public hours adjusted seasonally. Staff answered questions about lodging, dining, outdoor
recreation, road conditions, local events, and community resources. Information was provided in
person, by telephone, and by email.

1

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ATTACHMENT 1

Wildfires, smoke conditions, and air quality remained significant topics for telephone inquiries,
particularly from travelers concerned about conditions in the Gunnison Valley. Staff provided
current local information and directed callers to appropriate resources to help them make
informed travel decisions.
Through September 30, 2026, the Visitor Center recorded 4,570 walk-in visitors. Traffic remains
below historical levels, continuing a longer-term trend in how travelers access information.
The Visitor Center maintained its Colorado Welcome Center Partner designation, received in
June 2025. The Visitor Center Manager attended the Governor's Tourism Conference, providing
professional development and opportunities to connect with Colorado's tourism industry.
The Chamber did not hire seasonal Information Specialists in 2026. Visitor services were
provided by the year-round Visitor Center Manager, the Executive Director, and volunteer
assistance.

Visitor Center Reimagining
In its 2025 report, the Chamber committed to forming a committee to evaluate the Visitor Center
and develop a plan for facility improvements, visitor engagement, and long-term sustainability.
The Visitor Center Reimagining Committee convened in January 2026 with community and
tourism stakeholders. The committee reviewed the facility's layout, visitor information resources,
accessibility, and potential for additional public use.
The Visitor Center addition was constructed in the mid-1990s, and much of its original layout
remains in place. Large, fixed brochure racks occupy much of the available floor space, the
facility lacks seating, and the current arrangement limits opportunities for meetings and other
activities.
The resulting renovation plan includes replacing fixed brochure displays with smaller movable
units, installing accessible seating and tables, updating flooring, creating a Gunnison resource
library, commissioning a community map, and adding presentation equipment.
A primary goal of the renovation is to make better use of the existing public space. The updated
layout will allow the facility to continue serving travelers while accommodating small meetings,
presentations, and community gatherings, including outside regular Visitor Center hours. This
would provide an additional resource for local organizations and residents without requiring a
separate facility.
The Chamber developed a detailed renovation plan and project budget, obtained contractor
estimates, and pursued outside funding to support the improvements.
Through the Gunnison Chamber Foundation, the Chamber secured a $10,000 Community
Connections grant from the Boettcher Foundation. The Chamber Foundation is a separate

2

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ATTACHMENT 1

501(c)(3) organization established in part to expand access to charitable funding for community
projects.
The Foundation also submitted a grant request to the Gunnison Home Association to help
purchase accessible tables and seating suitable for older adults. That request is pending.
Renovation work is anticipated in 2027, with the schedule still to be determined. Project funding
is separate from the City's annual Visitor Center operating contract.

Visitor Center Fiscal Report
The Chamber uses a category-based accounting system to track Chamber and Visitor Center
activities within one operating account. This structure allows for reporting on City-funded work
while maintaining efficiency in shared facility operations.
The Visitor Center category reflects expenses associated with staffing, facility maintenance,
insurance, utilities, visitor publications, and public information services. Shared costs, including
administrative oversight and building expenses, are allocated proportionally between Chamber
and Visitor Center operations.
Historically approximately 57 percent of the building at 500 East Tomichi Avenue is allocated to
Visitor Center operations, with the remaining 43 percent supporting Chamber activities.
2026 Operating Funding
Funding Source

2026

City of Gunnison

$82,225

Gunnison County Local Marketing District

$12,500

Total operating funding

$94,725

2026 Operating Expenses
Through September 30, Visitor Center operating expenses totaled approximately $54,300 after
allocating shared personnel and facility expenses.
Based on current spending and anticipated expenses for the remainder of the year, total
operating expenditures are projected to be approximately $81,000. This remains a preliminary
estimate pending reconciliation of shared expenses.
The primary operating expenses include staffing, payroll taxes and benefits, utilities, insurance,
building maintenance, visitor publications, and administrative support.

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ATTACHMENT 1

Expenses were lower in 2026 in part because the Chamber did not employ seasonal
Information Specialists and limited spending on publications and facility improvements while
developing the renovation plan.
The Chamber expects to finish the year with a positive operating balance. Remaining funds will
provide an operating reserve to support ongoing obligations, building maintenance, and
unexpected expenses.
Financial Planning for 2027
The City's proposed 2027 budget, released October 15, reduces Visitor Center funding by 20
percent, from $82,225 to $65,780.
In response, the Chamber Board has approved eliminating the existing full-time, year-round
Visitor Center Manager position at the end of 2026.
The Chamber is developing a year-round, part-time staffing model to reduce recurring personnel
expenses while maintaining visitor services throughout the year. The Executive Director will
assume additional responsibility for public coverage and facility oversight.
With the City's proposed funding allocation now available, the Chamber is developing its 2027
operating budget to reflect the reduced funding and revised staffing structure. The budget will be
presented to the Chamber Board for review and approval.

Visitor Center 2027 Work Plan
Visitor Services and Staffing
The Chamber anticipates replacing the current full-time Visitor Center Manager position with a
year-round, part-time position. In addition to providing visitor information and assistance, this
position will help coordinate scheduling and use of the facility for community activities, as well
as potential displays featuring local businesses and organizations.
Public hours will be adjusted to reflect available staffing and seasonal visitor demand. The
Executive Director will provide additional coverage, management, and administrative oversight.
The Chamber will continue offering in-person assistance, responding to telephone and email
inquiries, and maintaining printed and online visitor information.
The revised staffing model will be evaluated throughout 2027 to assess visitor service needs
and operating costs.
Facility Renovation
The Chamber intends to complete the Visitor Center renovation in 2027, subject to the final
construction schedule and project requirements.
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ATTACHMENT 1

Work will include removing fixed brochure racks, replacing flooring, installing new furniture and
displays, and adding the planned community map, resource library, and presentation equipment.
The renovated layout will maintain the Visitor Center's primary information function while
allowing for additional public uses.
Public Use of the Facility
A primary goal of the renovation is to make the Visitor Center available for community use
beyond its regular operating hours.
The revised layout will provide seating and flexible furniture arrangements suitable for small
meetings, presentations, workshops, and community gatherings. The Chamber intends to
establish a reservation process that allows local organizations and community groups to use the
space during evenings and weekends.
This approach makes greater use of an existing public-facing facility without requiring additional
construction or regular evening staffing. It also allows the Visitor Center to serve residents and
community organizations in addition to travelers.
The space may also accommodate temporary displays featuring local businesses, nonprofits,
and community projects. The Chamber will explore these opportunities after the renovation is
complete.
Exterior Improvements
The Chamber plans to replace the Visitor Center's window graphics in 2027, an improvement
identified in last year's work plan but deferred while the broader interior renovation was being
planned.
The Chamber would also like to install an exterior mural on the west side of the building, angled
toward Highway 50. Commissioned from a local artist, the mural would reflect community pride
and create a more welcoming appearance for travelers entering Gunnison. Due to the project's
cost, the Chamber will pursue sponsorships, grants, or other outside funding before proceeding.
These improvements are separate from the interior renovation.
Evaluation
The Chamber will continue tracking walk-in visitor traffic and responding to requests for visitor
information.
As the renovated facility becomes operational, the Chamber will begin documenting community
use of the space to evaluate the improvements and inform future operating decisions.

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ATTACHMENT 1

Proposed 2027 Financial Plan
The Chamber's proposed operating structure reflects the reduction in City funding and the
transition to part-time visitor services staffing.
Anticipated Operating Funding
Funding Source

2027

City of Gunnison, proposed

$65,780

Gunnison County LMD, anticipated allocation

$12,500

Total anticipated operating funding

$78,280

The City's proposed 2027 budget was released on October 15, and the Chamber is now
preparing an operating budget based on that allocation. The budget will account for part-time
staffing, Executive Director oversight, payroll expenses, building operations, visitor materials,
and administrative support.
Shared expenses will continue to be allocated between Chamber and Visitor Center operations.
The operating budget will be submitted following review and approval by the Chamber Board.
Proposed 2027 Capital Improvements
Project

Estimated Cost

Funding

Interior renovation

$24,200

Grants and Chamber funds

Window graphics

$2,000

Chamber budget

Exterior mural replacement

$8,500

Outside funding to be
sought

The Chamber secured a $10,000 Boettcher Foundation grant toward the interior renovation and
submitted an additional request to the Gunnison Home Association to help fund accessible
furnishings. The Chamber will contribute designated funds toward the remaining renovation
costs.
Renovation work is anticipated in 2027, with timing to be determined. The mural replacement is
contingent on securing outside funding.
No additional City capital contribution is currently requested.

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ATTACHMENT 1

Closing
During 2026, the Chamber continued providing year-round visitor services while completing the
planning work identified in last year's report. The Visitor Center Reimagining Committee
developed a renovation plan, and the Chamber Foundation secured outside grant funding to
help implement it.
The Chamber has also begun restructuring Visitor Center operations to align ongoing expenses
with reduced City funding.
In 2027, the Chamber will focus on maintaining visitor information services, completing the
renovation, and establishing appropriate public uses for the facility.
We appreciate the City's continued partnership in maintaining the Gunnison Visitor Center as a
resource for travelers, residents, and local businesses.

City of Gunnison logo displayed at the Visitor Center, as required by the contract for services.

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City of Gunnison Agenda Report
Date:
To:
From:
Subject:

October 23, 2026
Mayor and City Council
Amanda Wilson, City Manager
Item No. VIII. B., Utility Customer Assistance Program Options

Strategic Framework:
Infrastructure Resilience, Economic Prosperity, Public Engagement, and Organizational
Performance are relevant to this discussion.
Background:
City Council reviewed the latest draft financial plan (“Plan”) for water and wastewater on
September 8, 2026. No action to accept this plan has yet been brought forward to City
Council. The draft Plan shows proposed utility bill increases as the City prepares to pay
for the planned water treatment plant and other maintenance and system needs. This
report is intended to continue to convey what rate increases could mean for households,
businesses, and major institutions and it describes various ways to potentially help
customers. Council is being asked to discuss the choices and say what, if anything, merits
more review and discussion. No Customer Assistance Program (CAP) is currently before
Council for approval. All of the options represented in this report would require more
analysis prior to implementation.
Staff Analysis:
Customer Economics
The latest Census income estimates available for Gunnison cover 2020–2024. The City
median household income (MHI) is $62,189; the countywide median is $84,527. The City
MHI is the more relevant point for assessing financial conditions of our utility customer
base. The median is the middle point, meaning that half of households have less income.
The Census estimates that 22.1% of City residents are below the federal poverty line.
About half of occupied City homes are rented, and the median gross monthly rent is
$1,230.
Recent countywide reports also describe financial pressures. The 2026 Gunnison County
Economic Model finds that pay for local workers in its “South” area, including the City of
Gunnison, has lagged the rising cost of living. The Community Foundation’s recent report
uses a broader measure of what it takes to cover basic needs and identifies financial
pressure that extends beyond households officially classified as living in poverty. Roughly
one-third of county residents have incomes above the federal poverty line but below the
amount estimated to cover basic local living costs. This suggests that some households
may struggle with higher utility bills even when their income exceeds traditional povertybased eligibility limits.
City of Gunnison Agenda Report | Page 1 of 8

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Residential Customer Pressures
In accordance with various industry standards, one way to review customer’s ability to
pay for utility bills is to compare a year of water and sewer bills with annual income. At
the City median income of $62,189, the current draft Plan for a residential that uses 4,000
of water a month would be about 2.7% of income in 2027 and 4.7% in 2031. At $31,095,
an illustration at half the City median, those shares would be 5.4% and 9.4%. These are
only examples.
This comparison holds 2020–2024 income, expressed in 2024 dollars, unchanged against
bills proposed for later years. It is a way to see the size of the increase, not a forecast of
future incomes or a measure of what a family has left after rent, food, and other bills.
Industry guides (see attachments) offer warning signs, not rules. A Colorado Department
of Local Affairs guide cites acceptable measures of 2.5% of median income for water and
2% for sewer.
EPA’s 2024 national study looks at water and sewer together, using 3% and 4.5% of
household income. The draft 2031 combined bill is 4.7% of today’s City median, above
the higher 4.5% measure if income stays fixed. The guides measure different things.
Again, neither is a legal limit. The City has not assessed the quantity of customers that
would fall into financial categories.
Example Residential Bill under the Draft Plan
This example is a home with a 5/8-inch water meter using 4,000 gallons each month, plus
the residential sewer charge. The table shows selected years from the published
September 8 rate briefing. The later water amounts are calculated from the proposed
charges. These are proposed rates, not adopted rates; actual bills depend on meter size
and use.
Rate period

Water / month

Sewer / month

Total / month

Current
(2026)

$51.05

$57.65

$108.70

Draft 2027

$60.70

$78.46

$139.16

Draft 2029

$106.52

$122.59

$229.11

Draft 2031

$113.01

$130.06

$243.07

At the same water use, the draft 2027 total is $30.46 more per month than today. The
draft 2031 total is $134.37 more per month, or about $1,612 more over a year. These are
bill examples, not a prediction of what each household will pay.

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Business and Institutional Customer Pressures
Small businesses and several major public-service customers are also impacted by the
proposed rate changes and future CAPs may also apply to them. Gunnison Valley Health,
Gunnison Watershed School District, and Western Colorado University are among the
City’s largest water users. Their budgets support care and education, and they cannot
simply assume that a higher utility bill can be passed on to patients, students, or
taxpayers. Household income figures do not measure this impact.
The Plan shows that commercial accounts also face meaningful increases. For its one-inchmeter example using 25,000 gallons in a month, the water bill rises from $157.49 today
to $256.16 under the draft 2027 rates, an increase of $98.67. In a separate example at
25,000 gallons of sewer flow, the bill rises from $172.92 to $229.20, an increase of
$56.28. These examples are not the actual bills of the hospital, schools, university, or any
particular business. Their impacts depend on each meter, use, and sewer flow.
A small shop and a large campus have different ways to respond. Free leak checks, fixture
advice, irrigation reviews, and clear bill forecasts could serve both. Larger customers such
as the university may be able to reduce substantial water use, but some uses are essential
to health care, food service, and instruction. An analysis of any financial relief for
nonresidential customers would need its own eligibility, cost, funding, and legal review.
Customer Assistance Programs
The following three areas provide an introduction to CAPs.
1. Help Currently Available
City Code currently provides an Equal Pay option for customers which sets a more
predictable monthly payment using past bills and later balances the account. Customers
qualify with a record of 12 months of service and cannot have a pending shutoff notice. It
changes when a bill is paid but it does not reduce the total paid. The City Code also allows
a past-due amount to be paid over up to six months while current bills are paid, limited
fee waivers, and temporary shutoff protection for a qualifying medical condition. Lastly,
customers can avoid the $100 upfront deposit by enrolling in the Auto Payment Plan.
Residents can seek referrals through 2-1-1 and Gunnison County Human Services. The
Gunnison Valley basic-needs guide lists emergency utility assistance.
Gunnison County Health & Human Services is a vital resource and partner that connects
residents with help for basic needs, including utility bills. It has historically received
Community Services Block Grant program funds to provide emergency assistance for
qualifying utility payments. The County also helps residents navigate and access LEAP and
Energy Outreach Colorado for home energy costs. These existing programs may offer an
opportunity to explore expanding referral options for City customers experiencing financial
hardship.
2. Existing State/Programs and Partnerships
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LEAP is an existing program that helps pay winter home-heating costs, not water or sewer
bills. In earlier years, people could seek separate, temporary help with past-due water
bills through a LEAP application addendum. That water funding had ended by the 2024–
25 program year. The City could use the LEAP approval as proof of eligibility for CAPs, as
several other jurisdictions have done.
Colorado law allows a municipal water or wastewater utility to offer customer assistance
and to join an Energy Outreach Colorado program for optional customer donations on bills.
To support this program, the City currently sends unclaimed utility deposits to Energy
Outreach Colorado. Donations may support eligible local households but would vary from
year to year. Other state and federal programs offer infrastructure funding but are
generally very limited for ongoing bill credits for households.
3. Possible New Customer Assistance Programs
Option

How it Helps

Main Tradeoffs

One-time help

Pays part of a bill after a crisis
such as job loss or illness.

Helps a limited number of
households; needs a cap and
rules for repeat requests.

Monthly credit
or annual
rebate

Reduces the bill for customers
that meet specified criteria.

Needs dependable funding.

Past-due
balance credit

Reduces old debt when a
customer keeps up with a
payment plan.

Does not lower new bills;
needs limits so new debt does
not grow; source of funding
offset needs to be determined.

Free tools and
advice

Offers dye tablets to find a
leaking toilet, efficient
showerheads, a simple guide,
and water-wise yard classes.

Low City cost; savings vary,
and fixed bill charges remain.

Repair or yard
design help

Contributes to fixing leaks or a
water-wise landscape plan
Costly; needs owner consent.
followed by a completed
project.

A voluntary donation pool could (and do in many jurisdictions) support any of these
choices, but donations alone may not meet demand.

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Impacts of Customer Conservation (Reducing Use)
At the draft 2027 rates, cutting use from 4,000 to 3,000 gallons in a month would reduce
the example water charge by $8.64. The combined bill would fall from $139.16 to $130.52.
The $39.10 water base charge and $78.46 residential sewer charge would stay and
together, they are about 84% of the original bill. This is an illustration of the rate schedule,
not a promised saving from a particular showerhead or yard project. Commercial sewer
charges can also vary with flow, so savings at a business require its own bill calculation.
A first step could offer toilet leak dye tablets, free WaterSense-labeled showerheads and
faucet aerators, and a short guide to reading water use and checking leaks. A tablet placed
in the toilet tank reveals a leak if color reaches the bowl without flushing. Many
jurisdictions offer these items and water-wise yard classes and design materials. Western
Colorado University may be a viable parter to help educate a customers, and the local CSU
Extension office may be able to help with yard workshops. A capped rebate for hiring a
local landscape architect for a plan that is actually carried out is another choice, but would
cost more and mainly help property owners.
Less water sold means less revenue from usage charges while the City still has to pay for
the plant, pipes, and debt. Saving water can also reduce some treatment costs and
pressure on the supply. If a program leads to lasting reductions in use, the Plan would
have to reflect both lower sales and any avoided costs.
Related Examples of CAPs in Colorado
Fort Collins reduces selected electric, water, and wastewater charges by 25% for eligible
customers and applies only to selected charges, not the whole bill. It uses LEAP approval
to enroll them automatically but LEAP does not pay the water bill. A separate past-due
electric or water fund works through local agencies, alongside water-saving help.
Broomfield offers eligible households up to $240 a year and says a portion of its utility
base rate supports the program.
Lafayette is testing a $17.50 monthly water credit with a community partner.
Westminster offers a $30 monthly water credit and accepts LEAP approval as one route to
qualify.
These examples are intended to show program options and are not recommendations.
Their arrangements and funding do not carry over automatically to the City of Gunnison.
National Examples of CAPs
Other cities address different kinds of help. These are general ideas, not rate comparisons
or programs that Gunnison could adopt without its own funding and legal review. The size
of a city does not determine whether the underlying idea is useful.
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City and
Program

What it Does

Questions for Gunnison

Seattle,
Washington
(Utility
Discount)

Eligible households receive
50% off future water and
sewer bills. Some renters
without an account in their
name can qualify.

How could help reach a
renter when the landlord
holds the utility account?

Philadelphia,
Pennsylvania
(Tiered
Assistance)

An eligible household pays a
monthly bill based on income.
Payments also gradually clear
eligible older debt.

Would continuing relief or a
path out of debt matter more
than a one-time payment?
Both need stable funding.

Qualifying nonprofit hospitals,
schools, and universities
Philadelphia
receive a 25% water-bill
(Nonprofit Water
discount. Other nonresidential
Discount)
customers may arrange
payment plans.

What form of help, if any,
would be fair and affordable
for major local institutions? A
discount needs separate
Colorado legal and cost
analysis.

Baltimore,
Maryland
(Water4All)

An income-based water and
sewer discount can include
tenants billed separately for
water by a landlord when they
show the lease and bill.

What records would show
that a renter actually pays
for water?

Pittsburgh,
Pennsylvania
(Assistance
Package)

Eligible households can get
leak repairs, water-saving
devices, grants, and
forgiveness of past-due
balances over 24 months.

Could a focused leak or debt
program solve a problem
without promising a
permanent discount?

San Antonio,
Texas (Uplift
and Leak
Repair)

One application opens several
forms of household assistance;
an eligible owner may get help
repairing a water leak.

Could a simple entry point
connect customers to
existing aid and lasting water
savings?

San Antonio
(Commercial
Custom Rebate)

A business project may earn a
negotiated rebate based on
documented, lasting water
savings, within the utility’s
approved budget.

Could a measured project
help a hospital, campus, or
small business lower use
while giving the utility value
for its spending?

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City and
Program

What it Does

Questions for Gunnison

Los Angeles,
California
(Conservation
Tools)

The utility offers free leakdetection tablets, efficient
fixtures, yard classes, and
landscape design resources.

Which inexpensive tools
could be offered widely,
including to customers who
do not qualify for incomebased aid?

Some examples directly reduce bills and others help a customer catch up or use less water.
A discount to a household or institution needs a source of money to cover the reduced
revenue. A conservation rebate should be tied to a credible water-saving result.
Financial Conclusion
Staff do not recommend changing the water or sewer rate structure to give some
customers a lower rate. Rates must support system operation, replacement, and debt
payments. A lower rate for one group would reduce revenue or shift costs to other
customers.
Expanding CAPs may be the most fair and equitable option for reducing impacts to that
need it most. To this end, Colorado law permits municipal water and wastewater customerassistance programs.
How to pay for such programs remains a core question that requires additional analysis.
Generally, the following categories exist as sources for funding new CAPs:
1. Rate revenues (all utility customers pay to benefit another)
In comparison, the City’s electric efficiency rebates are funded by rates because
the rebates are intended to lower electrical demand and system costs for all
users. A direct water or sewer bill credit/rebate funded by rates gives does not
by itself lower demand or the overall costs of service.
A legally viable option in water and wastewater that is comparable to the
electrical rebates would be a rebate for leak repairs. Absent this type of overall
system benefit, additional legal discussion would be required regarding the City’s
ability (or lack thereof) to benefit a specific customer classification with rate
revenues. To this end, Colorado’s regulations can differ from other states
regarding the legal uses of rate revenues and the design of rate structures.
2. City tax revenue (General Fund is limited and competes with other services; legally
viable with consideration of related regulations)
3. Voluntary donations (less predictable; legally viable and a variety of options exist for
administering such revenue and associated programs)
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Action:
No action requested at this time. Staff requests a discussion and general direction on areas
where additional analysis are warranted. The following questions are provided to assist in
the conversation:
A. Who is most affected? Should further assessment be completed on utility
accounts and local housing information to describe households, renters, small
businesses, and large institutions? Would doing so impact decisions if funding is
limited?
B. Can existing tools be improved? Should the staff review the current City code
related to Equal Pay/payment plans for improvements and ensure all available,
referrals and educational materials are current and most useful?
C. What kind of help, if any, merits a closer look? One-time crisis aid, regular bill
relief, past-due balance help, leak repair, or low-cost conservation advice? Which of
these should be considered for businesses and institutions?
D. Who would pay, and within what limits? Should a later analysis compare taxes,
utility revenue, donations, and partners, showing the cost to other customers and
any legal or financing limits?
Will there be any financial impact? Has this item been budgeted?
No action at this time; therefore, no financial impact at this time.
Attachments:
The following documents are optional additional reference materials:
•
•
•
•

Colorado Department of Local Affairs, Utility Fees Rates and Collections 2022
guide, Measures of Rate Burden, pages 5–6
U.S. EPA, Water Affordability Needs Assessment 2024 national screening approach
U.S. EPA, Utility Customer Assistance Programs Program types and administration
AWWA Policy Statement on Affordability Fair rates, sustainable service, and
customer assistance

City of Gunnison Agenda Report | Page 8 of 8

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City of Gunnison Agenda Report
Date:
To:
From:

October 27, 2026
Mayor and City Council
Nick Hill, Water Superintendent
Carly McGowan, P.E., City Engineer
Pete Rice, P.E., Public Works Director
Subject: Item No. VIII. C., Contract Award, Engineering Services, Town Ditch
Splitter Box Improvements
______________________________________________________________________
Strategic Framework:
The Town Ditch Splitter Box Improvements project supports the City of Gunnison Strategic
Framework by advancing stewardship of aging public infrastructure and improving the
operational efficiency and long-term reliability of the City’s irrigation ditch system. It
advances the strategic imperative to invest in deferred maintenance of public
infrastructure through evaluation and design of improvements to a critical ditch control
structure, including flow measurement, operational control, safety, and future automation
capabilities.
Background:
The City’s 2026 Irrigation Ditch Master Plan identified the Town Ditch splitter box as a
priority location for infrastructure improvements, including improved flow measurement,
operational control, and long-term reliability of the ditch system. As described in the
master study, it’s anticipated that new regulations will be developed as water resources
are stressed and flow measurement will become a priority.
To advance this work, staff developed a scope of services for assessment and design of
improvements to the existing splitter box. The scope includes evaluation of existing
conditions and hydraulic performance, development of improvement alternatives, flow
measurement and automation considerations. The design will follow a typical progression
with and advancement of the selected alternative through 30% design, 90% design, and
final design. Final deliverables will include construction drawings, technical specifications,
bid quantities, and an Opinion of Probable Construction Cost.
The City requested proposals from four engineering firms available through the City’s oncall engineering services program and received two proposals. Staff reviewed the
proposals based on alignment with the requested scope, technical approach, and relevant
experience.
Based on this review, staff selected Wright Water Engineers, Inc. (WWE) as the preferred
consultant. WWE’s proposal closely aligns with the requested scope and includes hydraulic
evaluation, survey and geotechnical services, structural engineering support, flow
measurement and automation expertise, and preparation of final bid-ready design
documents. WWE anticipates completing final design by approximately April 2027.
City of Gunnison Agenda Report | Page 1 of 2

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WWE proposes to complete the engineering services for a total not-to-exceed amount of
$57,763.
Staff Recommendation:
Staff recommends approval of the Wright Water Engineers proposal for the Town Ditch
Splitter Box Improvements Project.
Action:
Consider a motion to authorize the City Manager to execute the agreement with Wright
Water Engineers for Engineering Services for the Town Ditch Splitter Box Improvements
Project in an amount not to exceed $57,763.
Will there be any financial impact?
Yes. Approval of this action will result in an expenditure not to exceed $57,763 for
engineering services.
Has this item been budgeted?
Yes. The 2026 budget includes $242,000 under account code 61-30-3606-8200. Funding
remaining after completion of the engineering scope is anticipated to be carried forward
into the 2027 budget to support future construction of the splitter box improvements.
Attachments:
1. Wright Water Engineering, Inc – Task Order 3 - Town Ditch Splitter Box
Improvements

City of Gunnison Agenda Report | Page 2 of 2

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ATTACHMENT 1

TASK ORDER 3 - Splitter Box Improvements
DESCRIPTION:

25-02 Professional Services – On-Call Engineering Services

Issued By:
City of Gunnison
P.O. Box 239
Gunnison, CO 81230

PHONE (970) 641-8020

To Contractor:
_Wright Water Engineers, Inc__________
Date of Main Agreement: May 21, 2025
TASK ORDER NUMBER:
3
TASK ORDER DATE: October 27, 2026
SCOPE OF WORK:

As detailed in attached Exhibit A.

START DATE:

After signed by all parties

COMPLETION DATE: June 30, 2027
PROJECT COST:

$57,763.00

Pricing includes:
As outlined in attached Exhibit A.
TOTAL THIS TASK ORDER:

$57,763.00

FOR CITY:

FOR CONTRACTOR:
Accept

Decline

Pete Rice, Director of Public Works

Scott Schreiber, Wright Water Engineers, Inc.

__________________________________
Amanda Wilson, City Manager

_________________________________

Date

Date

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ATTACHMENT 1

WRIGHT WATER ENGINEERS, INC.

Town Ditch Splitter Box Improvements
Scope and Fee Proposal
PREPARED FOR CITY OF GUNNISON

September 2026

991-999.877
818 Colorado Ave., Ste. 307
Glenwood Springs, CO 81601

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ATTACHMENT 1

WRIGHT WATER ENGINEERS, INC.
September 23, 2026
Via: <[email protected]>
Carly McGowan
City of Gunnison
1100 W. Virginia Ave.
Gunnison, CO 81230
Re:

Town Ditch Splitter Box Improvements Scope and Fee Proposal

Dear Carly:
Wright Water Engineers, Inc. (WWE) is pleased to submit this proposal to provide engineering services for
the Town Ditch Splitter Box Improvements Project. The City of Gunnison's (City’s) Irrigation Ditch Master
Plan identifies aging infrastructure, improved flow measurement, operational efficiency, and system
resiliency as priorities for the Town Ditch system. The proposed splitter box improvements represent an
important opportunity to advance those goals while enhancing a critical component of the City's irrigation
network.
WWE brings extensive experience designing and rehabilitating irrigation diversion structures, flow
measurement facilities, automated control systems, and water conveyance infrastructure throughout
Colorado. Our team understands the challenges of balancing hydraulic performance, measurement
accuracy, operational flexibility, maintenance requirements, and constructability while maintaining
reliable water deliveries.
Our approach emphasizes practical, implementable solutions developed in close coordination with City
staff. WWE will evaluate alternatives, identify opportunities to improve flow control and measurement,
and develop a design that addresses current operational needs while preserving opportunities for future
SCADA integration and system modernization.
WWE is committed to providing responsive service, clear communication, and technically sound solutions.
Our experience with irrigation infrastructure, hydraulic design, flow measurement systems, automated
controls, and municipal water projects makes us well qualified to assist the City with this important
project. Thank you for your consideration. We appreciate the opportunity to submit this scope and fee
proposal and look forward to partnering with the City of Gunnison on the Town Ditch Splitter Box
Improvements Project.
Sincerely,
Wright Water Engineers, Inc.

Scott Schreiber, P.E., CFM, BC.WRE, TSP
Executive Vice President

818 Colorado Ave., Ste. 307, Glenwood Springs, CO 81601
(970) 945-7755–│–www.wrightwater.com–│- [email protected]

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ATTACHMENT 1

TABLE OF CONTENTS
1.0
2.0

3.0

4.0
5.0
6.0

Page
Project Overview.............................................................................................................................. 1
Anticipated Scope of Services .......................................................................................................... 1
2.1
Task 1 – Existing Conditions and Assessment ..................................................................... 1
2.2
Task 2 – Alternatives Analysis ............................................................................................. 2
2.3
Task 3 – 30% Design, OPCC, and City Review ..................................................................... 3
2.4
Task 4 – 90% Design and City Review ................................................................................. 4
2.5
Task 5 – Final Design and Bid Documents, OPCC, and Technical Specifications ................ 4
Additional / Optional Services ......................................................................................................... 5
3.1
Construction Administration and Engineering Support...................................................... 5
3.2
SCADA Integration and Automation Support ..................................................................... 5
3.3
System-Wide Automation and Modernization Planning .................................................... 5
3.4
Ditch System Enhancement Evaluations ............................................................................ 6
3.5
Funding and Grant Assistance ............................................................................................ 6
3.6
Asset Management and Capital Improvement Planning .................................................... 6
Firm Background and Key Staff ........................................................................................................ 6
4.1
Key Staff .............................................................................................................................. 7
Project Schedule .............................................................................................................................. 8
Budget .............................................................................................................................................. 9

TABLES
Table 1. Anticipated Schedule....................................................................................................................... 9
Table 2. Proposed Budget ............................................................................................................................. 9
Attachment A: Resumes
Attachment B: Scope and Fee

ATTACHMENTS

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ATTACHMENT 1

Town Ditch Splitter Box Improvements Scope and Fee Proposal
1.0

PROJECT OVERVIEW

Wright Water Engineers, Inc. (WWE) understands that the City of Gunnison (City) is seeking engineering
services to evaluate, modernize, and prepare construction documents for improvements to the existing
Town Ditch Splitter Box. The project is intended to improve operational efficiency, address aging
infrastructure, improve flow measurement accuracy, and provide a reliable and maintainable facility
capable of integration with the City’s Supervisory Control and Data Acquisition (SCADA) system. WWE’s
approach will focus on understanding existing hydraulic and operational conditions, evaluating practical
improvement alternatives, and advancing the City’s preferred solution through final design and
construction-ready bid documents.
WWE has extensive experience evaluating, designing, and rehabilitating diversion structures, irrigation
infrastructure, flow measurement facilities, headgates, control structures, canals, ditches, and municipal
water conveyance systems throughout Colorado. Our team routinely combines hydraulic analysis, flow
measurement design, automated controls, SCADA coordination, and constructability review to develop
practical solutions that improve infrastructure reliability, operational flexibility, and long-term
maintainability. This experience positions WWE to develop a cost-effective splitter box improvement that
meets current operational needs while preserving opportunities for future system automation and
modernization.
WWE recognizes that the splitter box is a critical control point within the City’s broader irrigation system.
Consistent with the goals identified in the City’s Irrigation Ditch Master Plan, our approach will emphasize
infrastructure reliability, accurate flow measurement and control, operator safety, practical maintenance,
and compatibility with the City’s long-term system objectives.
2.0

ANTICIPATED SCOPE OF SERVICES

2.1

Task 1 – Existing Conditions and Assessment

WWE will conduct a comprehensive field investigation and existing conditions assessment of the Town
Ditch Splitter Box and surrounding conveyance facilities. In coordination with the City’s survey consultant,
WWE will establish the survey limits and data requirements necessary to support the alternatives analysis
and final design.
The City’s survey consultant will complete a detailed ground survey of the splitter box, upstream and
downstream ditch reaches, connecting channels, gates, flow-control features, structure inverts, channel
grades, access improvements, visible utilities, electrical equipment, and other relevant site features. The
survey effort will also include georeferenced drone aerial imagery and ground-based photographs to
document existing conditions and support project exhibits, engineering evaluations, and construction
documents. WWE will coordinate the survey effort and incorporate the resulting information into the
project design.
WWE will review available record drawings, GIS information, survey data, and findings from the City’s
Irrigation Ditch Master Plan to better understand the splitter box’s role within the broader irrigation

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ATTACHMENT 1
Town Ditch Splitter Box Improvements Scope and Fee Proposal

system. The assessment will address infrastructure condition, hydraulic performance, operational
deficiencies, maintenance concerns, personnel safety, site security, and opportunities for modernization.
Particular attention will be given to flow distribution, hydraulic control, flow measurement accuracy, gate
functionality, operational flexibility, sediment and debris management, leakage between adjacent
ditches, and overall system reliability.
WWE will interview City personnel responsible for operating, monitoring, and maintaining the splitter box.
These discussions will document operational challenges, maintenance requirements, reliability concerns,
seasonal operating procedures, safety considerations, and desired improvements. WWE will incorporate
staff input into the alternatives analysis and subsequent design phases so the selected improvements
address both technical and operational needs.
WWE will also evaluate existing flow measurement, control, electrical, and communications equipment
and identify opportunities for rehabilitation, replacement, modernization, and SCADA integration. Site
observations will be completed during representative operating conditions when practicable. WWE will
document information gaps identified during the assessment and recommend additional investigation or
data collection if needed to support design.
2.2

Task 2 – Alternatives Analysis

Using information developed during the existing conditions assessment, WWE will develop and evaluate
up to three feasible alternatives for improving the splitter box facility. Alternatives may include
rehabilitation or replacement of existing flow-control structures, improved flow measurement devices,
new or modified gates, structural improvements, automated controls, electrical and communications
improvements, and provisions for SCADA integration.
WWE will evaluate the alternatives using criteria developed in coordination with the City. Evaluation
criteria are anticipated to include hydraulic performance, measurement accuracy, operability,
maintenance requirements, operator safety, system security, constructability, construction sequencing,
lifecycle considerations, compatibility with future automation, and planning-level cost. The evaluation will
also consider the adjacent parallel ditch and observed or reported leakage between the ditch systems.
The base alternatives analysis will focus on improvements at or immediately adjacent to the splitter box.
WWE’s automation specialist, Bruce Bacon of HydroLogik, will coordinate with the City and its SCADA
representative to evaluate instrumentation, control, telemetry, communications, and system-integration
requirements applicable to the splitter box.
The base scope includes hydraulic evaluations appropriate to characterize existing conditions at the
splitter box and compare the proposed alternatives. These evaluations will use available survey
information, observed operating conditions, available flow data, and appropriate engineering
calculations. A continuous hydraulic evaluation extending from the Gunnison River diversion through the
upstream ditch system and downstream distribution network is not included in the base scope. If the
existing conditions assessment indicates that upstream or downstream controls materially affect splitter
box performance, WWE will discuss the need for additional data collection or hydraulic modeling with the
City before proceeding.
WWE will prepare a draft Alternatives Evaluation Memorandum summarizing the alternatives, evaluation
criteria, advantages and disadvantages, planning-level costs, and anticipated operational benefits. WWE
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ATTACHMENT 1
Town Ditch Splitter Box Improvements Scope and Fee Proposal

will present the findings during an alternatives workshop with City staff. Following receipt of one
consolidated set of City comments and selection of a preferred alternative, WWE will finalize the
memorandum and advance the preferred alternative into preliminary design.
Optional System Modernization and Automation Evaluation
The base alternatives analysis will evaluate flow measurement, automated controls, and SCADA
integration associated with the splitter box. Upon separate authorization, WWE can expand the
evaluation to consider system-wide automation and modernization of the Town Ditch system.
The optional evaluation may include automated headgate controls and flow measurement at the
Gunnison River point of diversion, flow monitoring along the upstream ditch, coordinated automation at
the splitter box, and integration of these facilities into a unified SCADA-based operating system. WWE
would evaluate communication infrastructure, power requirements, control strategies, data
management, operational protocols, and varying levels of automation ranging from remote monitoring
to automated flow management.
The optional evaluation may also include improvements to the diversion and upstream ditch system,
including measures to address sediment and debris loading, surface return flows, runoff from adjacent
agricultural lands, leakage, conveyance efficiency, and operational reliability. If appropriate, WWE can
complete expanded hydraulic modeling to evaluate interactions among the diversion, upstream ditch,
splitter box, and downstream conveyance system.
The resulting analysis would provide the City with a phased implementation framework identifying
potential capital improvements, operational benefits, planning-level costs, funding opportunities, and
recommended next steps for long-term modernization.
2.3

Task 3 – 30% Design, OPCC, and City Review

Following WWE’s completion of the alternatives evaluation and the City’s selection of a preferred
alternative, WWE will advance the project to approximately 30% design. This phase will establish the
engineering and operational basis for the project and confirm that the selected alternative meets the
City’s objectives for flow measurement, reliability, maintainability, safety, and future automation.
WWE will prepare preliminary design drawings illustrating the proposed splitter box configuration,
associated channel modifications, flow measurement facilities, gate structures, access improvements,
structural components, electrical infrastructure, instrumentation, and automation elements. WWE will
complete hydraulic calculations appropriate to verify anticipated operating conditions, available head,
flow distribution, and the suitability of proposed measurement technologies over the expected operating
range.
WWE will coordinate with the geotechnical consultant to establish investigation requirements and
incorporate available subsurface information and design recommendations. WWE will also coordinate
with the structural engineering subconsultant regarding structure configuration, loading criteria,
foundation requirements, reinforcement concepts, constructability, and anticipated design standards.
During this phase, WWE will work with City staff to refine the operating criteria and establish the basis for
instrumentation and controls. Preliminary control concepts, equipment requirements, communications
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Town Ditch Splitter Box Improvements Scope and Fee Proposal

infrastructure, power requirements, and SCADA interfaces will be identified. WWE and HydroLogik will
coordinate with the City’s SCADA representative to confirm system compatibility and identify integration
constraints before detailed design.
WWE will prepare a 30% Opinion of Probable Construction Cost (OPCC) identifying major construction
elements, anticipated equipment costs, structural components, electrical and automation improvements,
temporary bypass or operational sequencing requirements, allowances, contingencies, and other
applicable assumptions. WWE will facilitate a review meeting with City staff to present the preliminary
design, discuss key decisions, review the OPCC, and obtain one consolidated set of City comments before
advancing the design.
2.4

Task 4 – 90% Design and City Review

Following completion of the 30% review, WWE will advance the City-approved design to approximately
90%. The 90% design package will establish the detailed civil, hydraulic, structural, mechanical, electrical,
instrumentation, and controls requirements necessary to construct the project.
Drawings will define proposed grading, channel modifications, splitter box geometry, structural details,
gate systems, flow measurement devices, access improvements, utility modifications, electrical service
requirements, communications infrastructure, instrumentation, and automation equipment. WWE will
finalize appropriate hydraulic analyses to verify performance under anticipated operating conditions.
The structural engineering subconsultant will prepare the structural design and details for the selected
improvements, including applicable foundation, reinforcement, connection, loading, and durability
requirements. WWE will coordinate the structural design with the hydraulic configuration, equipment
requirements, geotechnical recommendations, site constraints, and construction sequencing.
WWE and HydroLogik will further develop automation and SCADA integration requirements. The design
may include control narratives, instrumentation requirements, communications protocols, point lists,
input/output requirements, alarm conditions, operating sequences, manual override requirements, and
interfaces with the City’s existing SCADA system. Final programming, system integration, and
commissioning services are not included unless specifically identified in the detailed scope and fee or
separately authorized by the City.
WWE will prepare draft technical specifications addressing major construction activities, materials,
equipment, testing, calibration, instrumentation, startup, operator training, maintenance documentation,
warranties, and record-drawing requirements. WWE will also prepare a draft bid schedule, estimated
quantities, and updated OPCC.
WWE will facilitate a 90% design review meeting to discuss outstanding decisions, constructability,
operational considerations, construction sequencing, cost, and implementation. WWE will address one
consolidated set of City comments before completing the final bid documents.
2.5

Task 5 – Final Design and Bid Documents, OPCC, and Technical Specifications

Following the 90% review, WWE will address one consolidated set of City comments and prepare final
design documents suitable for bidding and construction. Final deliverables will include signed and sealed

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engineering drawings, technical specifications, bid schedule, estimated quantities, and a final Opinion of
Probable Construction Cost.
The final documents will incorporate the civil, hydraulic, structural, electrical, instrumentation, and
controls elements included in the approved design. Technical specifications will address equipment
requirements, materials, installation, testing and calibration, startup, operator training, operation and
maintenance documentation, warranties, and record-drawing requirements, as applicable.
Unless otherwise authorized, the City will provide its standard front-end procurement, bidding,
contracting, and general conditions documents. WWE will coordinate its technical documents with the
City-provided front-end documents but will not provide legal review of those documents.
Opinions of probable construction cost will be prepared using WWE’s professional judgment and available
pricing information. Actual bids and construction costs may vary based on market conditions, contractor
availability, material pricing, and other factors outside WWE’s control.
3.0

ADDITIONAL / OPTIONAL SERVICES

In addition to the base scope of services, WWE can provide supplemental engineering, planning, and
implementation services to support the City's long-term operational goals and future modernization of
the Town Ditch system. These services are not included in the base scope but can be authorized
individually as project needs evolve.
3.1

Construction Administration and Engineering Support

After design is complete, WWE can provide bidding and construction-phase services to assist the City
during project implementation. Services may include responding to contractor questions, preparing
addenda, evaluating bids, reviewing contractor submittals and shop drawings, attending preconstruction
meetings, observing construction, reviewing change orders, preparing record documents, and supporting
project closeout. WWE can also provide startup assistance, equipment testing, commissioning support,
operator training, and coordination with equipment manufacturers and system integrators.
3.2

SCADA Integration and Automation Support

WWE can provide additional services related to developing and implementing automated control and
monitoring systems. These services may include coordinating with the City's SCADA provider, developing
detailed control strategies, instrumentation design, communication system evaluation, programming
support, startup and commissioning assistance, control system testing, and developing operational
protocols for automated facilities.
3.3

System-Wide Automation and Modernization Planning

Building upon recommendations identified in the City's Irrigation Ditch Master Plan, WWE can assist the
City in evaluating a broader vision for automation and operational modernization of the Town Ditch
system. This effort may include evaluation of automated headgate controls at the Gunnison River
diversion structure, installation of flow measurement facilities at the point of diversion and key
distribution locations, expanded automation of the splitter box, and development of a coordinated

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Town Ditch Splitter Box Improvements Scope and Fee Proposal

SCADA-based operating system capable of supporting improved water accounting, operational efficiency,
and remote system management.
The evaluation can include hydraulic assessments, communications planning, power requirements,
implementation strategies, planning-level cost estimates, funding opportunities, and phased capital
improvement recommendations designed to support future modernization of the City's irrigation
infrastructure.
3.4

Ditch System Enhancement Evaluations

WWE can evaluate opportunities to improve overall system performance beyond the immediate splitter
box project. Potential evaluations may include conveyance system improvements, ditch rehabilitation,
sediment and debris management measures, enhancement of flow measurement capabilities, and
improvements intended to reduce maintenance requirements and improve overall system reliability.
Consistent with findings from the Irrigation Ditch Master Plan, WWE can also evaluate alternatives
intended to address concerns associated with surface return flows and runoff from adjacent agricultural
lands. These evaluations may include operational, hydraulic, and infrastructure-based solutions designed
to improve water management, reduce unwanted inflows, improve conveyance efficiency, and enhance
overall system resiliency.
3.5

Funding and Grant Assistance

WWE can help the City identify and pursue funding opportunities for future infrastructure improvements.
Services may include preparing grant applications, developing technical memoranda and cost estimates
to support funding requests, participating in agency meetings, and preparing supporting exhibits and
planning documentation. Potential funding sources may include state and federal water infrastructure,
resiliency, efficiency, measurement, and modernization programs.
3.6

Asset Management and Capital Improvement Planning

WWE can assist the City in developing a long-term asset management program for the Town Ditch system.
Services may include infrastructure inventory development, condition assessments, GIS integration,
prioritization of capital improvements, maintenance planning, risk assessments, and development of a
phased implementation strategy to guide future investments in the City's irrigation infrastructure.
These optional services give the City flexibility to expand the project beyond the immediate splitter box
improvements and establish a foundation for future modernization, operational efficiency, and long-term
management of the Town Ditch system.
4.0

FIRM BACKGROUND AND KEY STAFF

WWE proposes to utilize our in-house water resources, hydraulic, and design staff, along with HydroLogik,
to support flow measurement, automation, controls, and telemetry evaluations. WWE maintains
extensive expertise in diversion infrastructure, water conveyance systems, hydraulic structures, flow
measurement, and SCADA integration but does not provide surveying or geotechnical services in-house.

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ATTACHMENT 1
Town Ditch Splitter Box Improvements Scope and Fee Proposal

WWE has coordinated with CMT to provide geotechnical services for the project to support design
aspects. We have also coordinated with SGM to provide a topographic survey of the area. We have worked
with both firms before on projects for the City.
WWE has included structural engineering support within the proposed scope and budget. Because the
structural design must be closely coordinated with the hydraulic configuration, equipment requirements,
geotechnical recommendations, operations, and constructability, WWE recommends retaining the
structural engineer as part of our project team. WWE will select a qualified structural engineering
subconsultant in coordination with the City and remains flexible to work with a City-preferred structural
engineer.
WWE is an employee-owned water resources, environmental, and civil engineering firm
with offices in Glenwood Springs, Denver, and Durango, Colorado. Founded in 1961,
WWE employs approximately 50 engineers, hydrologists, scientists, biologists,
chemists, geologists, hydrogeologists, and technical professionals. WWE’s Glenwood Springs office has
provided water resources and civil engineering services throughout western Colorado for more than 50
years.
WWE has completed numerous diversion, ditch, hydraulic structure, water measurement, and
conveyance improvement projects for municipalities, ditch companies, water providers, and private
clients. Our multidisciplinary experience includes water rights, diversion infrastructure, flow
measurement, automated controls, SCADA coordination, stream restoration, floodplain engineering,
stormwater and drainage engineering, water and wastewater planning and design, wetlands, and water
supply. This combination of technical capabilities allows WWE to evaluate the splitter box as both an
individual structure and a critical component of the City’s broader irrigation system.
HydroLogik LLC (HydroLogik) is a privately-held Colorado company located in
Golden and Wheat Ridge, Colorado. They specialize in water measurement,
telemetry, data hosting, and automation for water infrastructure. Their
expertise in surface water and groundwater measurement helps them address unique water needs. The
firm focuses on providing appropriate, effective, durable, and economical solutions for clients involved in
water resources activities. HydroLogik is dedicated to building long-lasting relationships with clients,
including federal, state, county, special district, and city governments. HydroLogik also works for
engineering firms, large utilities, small utilities, water conservation districts, mutual ditch and reservoir
companies, and private citizens.
4.1

Key Staff

Scott Schreiber, P.E., CFM, BC.WRE, TSP (WWE) will serve as project manager for the
City of Gunnison. He is a Senior Water Resources Engineer and Executive Vice President
with more than 20 years of experience, including multiple projects supporting
municipalities like the City of Gunnison. Scott is a Professional Engineer and Certified
Floodplain Manager (CFM) in WWE’s Glenwood Springs office with an M.E. degree in
water resource engineering and management from Georgia Institute of Technology
(Georgia Tech) and a B.S. degree in civil engineering from Virginia Polytechnic Institute and State
University (Virginia Tech). He has an extensive background in analyzing and designing ditch systems, from
initial evaluation and hydraulic modeling to understand capacity and permitting constraints to final design
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ATTACHMENT 1
Town Ditch Splitter Box Improvements Scope and Fee Proposal

documents for construction. He has experience in stormwater permitting and regulatory compliance,
water quality and best management practices (BMPs), erosion and sediment control, water budget
analysis, Clean Water Act (CWA) permitting, corridor planning studies, land development, groundwater
studies, athletic field design, floodplain submittals, and low impact development (LID) and Leadership in
Energy and Environmental Design (LEED). Scott is proficient with water resources engineering tools
including HEC-RAS, PCSWMM (Stormwater Management Model), Civil 3D, ArcGIS, RiverCAD, StormCAD,
CUHP, and HY-8.
Jonah Howe, P.E. (WWE) is a water resources engineer with six years of experience in
stormwater management planning, hydrology, hydrologic modeling, surface water,
water rights, and municipal water supply and infrastructure projects. Jonah provides
engineering design services, including design plans, contract documents, and technical
specifications, as well as services during bidding/construction. Jonah has a B.S. degree
in civil engineering from Colorado School of Mines. He has helped develop numerous
drainage plans and reports for projects ranging from single-lot developments to subdivisions across
Colorado, including central Colorado. Jonah has ongoing projects located near the City of Gunnison and is
familiar with the region, having grown up and spent most of his life on the Western Slope. He is based in
Grand Junction and can be readily available for site visits and in-person meetings, as needed.
Bruce Bacon, BSEE (HydroLogik) is HydroLogik’s founder, owner, and Principal
Engineer, and will architect and oversee the instrumentation, actuation, automation,
control, and telemetry aspects of the projects. He is a senior electrical engineer with
over 45 years of design, product development, and field experience, including over 20
years working specifically in the source water space. Bruce founded HydroLogik in
2016, and he and his team have designed and deployed hundreds of related projects
across Colorado and the West, ranging from single-flume telemetry sites to fully
integrated 100+ site district-wide measurement, automation, and telemetry systems.
5.0

PROJECT SCHEDULE

Table 1 presents WWE’s anticipated project schedule. The schedule will begin upon receipt of notice to
proceed and assumes timely authorization, coordination with survey and geotechnical consultants,
receipt of required technical information, and prompt review of interim deliverables. Because the WWE
is expected to contract directly for survey and geotechnical services, these activities can proceed
concurrently with portions of WWE’s existing conditions assessment and alternatives development.
WWE will coordinate closely with City staff throughout the project and present the results of each major
task before advancing to the next design phase. Coordination meetings are included following the existing
conditions assessment, alternatives analysis, 30% design, and 90% design. These meetings will be used to
review findings, resolve key decisions, confirm design direction, and obtain consolidated City comments.
The schedule should identify milestones for notice to proceed, completion of survey and geotechnical
investigations, the alternatives workshop, City selection of the preferred alternative, 30% design, 90%
design, and final bid documents. If the City requests an accelerated schedule, WWE will coordinate with
the City and supporting consultants to identify opportunities to overlap activities and shorten review
periods where practical.

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ATTACHMENT 1
Town Ditch Splitter Box Improvements Scope and Fee Proposal

Table 1. Anticipated Schedule
Task
Existing
Conditions
and
Assessment
Alternatives
Analysis
30% Design,
OPCC, and
City Review
90% Design
and City
Review
Final Design
and Bid
Documents,
OPCC, and
Technical
Specifications
6.0

Oct
Nov
Dec
Jan
Feb
Mar
Apr
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4

BUDGET

WWE developed the proposed scope and fee to provide a cost-effective approach that can be
implemented under the City’s existing on-call engineering services framework while meeting the project
objectives for improved operations, flow measurement, automation, and infrastructure modernization.
Table 2 summarizes the proposed costs, with a detailed labor, expense, and subconsultant breakdown
provided in Attachment B.
WWE will subcontract for survey and geotechnical services. WWE’s proposed fee includes an allowance
for structural engineering support. Because the structural design is closely integrated with the hydraulic,
operational, geotechnical, and constructability aspects of the project, the structural engineer will work as
part of WWE’s project team. WWE will retain a qualified structural engineering subconsultant experienced
with hydraulic structures and municipal infrastructure, subject to coordination with the City.
WWE will coordinate closely with the survey and geotechnical consultants and WWE’s structural
engineering subconsultant to ensure that the required information is collected and incorporated into the
design. The proposed fee is based on the scope, assumptions, deliverables, meetings, and review cycles
described herein. Services beyond those identified may be provided upon written authorization by the
City.

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ATTACHMENT 1
Town Ditch Splitter Box Improvements Scope and Fee Proposal

Table 2. Proposed Budget

Town Ditch Splitter Box Improvements
Task 1
Task 2
Task 3
Task 4
Task 5

Existing Conditions and Assessment
Alternatives Analysis
30% Design, OPCC, and City Review
90% Design and City Review
Final Design and Bid Documents, OPCC, and Technical
Specifications

Hour Totals
Labor Totals

Subtotal
Costs
$12,593
$7,158
$15,784
$13,954
$8,274
253
$57,763

The total proposed fee includes WWE labor and an allowance for structural engineering support.
Survey and geotechnical services are included and will be subcontracted with WWE. The detailed fee
basis, labor hours, expenses, and structural engineering allowance are provided in Attachment B.

G:\WWE\991-999.877\City of Gunnison\Town Ditch Splitter Box\Proposal\City of Gunnison Splitter Box Improvement.docx

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ATTACHMENTS

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ATTACHMENT 1

Attachment A: Resumes

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ATTACHMENT 1

Scott D. Schreiber, P.E., CFM, BC.WRE, TSP
Project Manager

Experience Overview
Scott is WWE’s Executive Vice President with 20 years of experience leading
stream restoration and watershed health projects nationwide. His expertise
includes ditch enhancement, diversion infrastructure upgrades, geomorphic
assessments, stormwater and drainage infrastructure design, water budget
analysis, Clean Water Act permitting, corridor and master planning studies,
groundwater investigations, land development, and athletic field design. Scott
specializes in low-disturbance, process-based restoration approaches that
preserve and enhance fish habitat and spawning areas, and he brings advanced
technical proficiency in HEC-RAS, SWMM, Civil 3D, RiverCAD, StormCAD, CUHP, and HY-8 to complex
water resources and infrastructure projects. He also excels at grant writing.

Relevant
Credentials/Specialties
 Registered Professional
Engineer
 20 Years Consulting
Experience
 Stream Restoration
 Channel Stability
 Fish Habitat and
Spawning Area Design
 Fish Passage
 Hydrology & Hydraulics
 Stakeholder Outreach
 Stormwater Modeling

Education




M.E., Water Resource
Engineering and
Management, 2010
Georgia Institute of
Technology (Georgia Tech)
B.S., Civil Engineering, 2005
Virginia Polytechnic Institute
and State University
(Virginia Tech)

Registrations/Affiliations









Registered Professional
Engineer in Colorado
#46577 and Connecticut
#35469
Certified Floodplain Manager
Colorado Water
Conservation Board (CWCB)
Colorado River Next Steps
Consultant
Chairman, Glenwood
Springs River Commission
Colorado Trout Unlimited,
Conservations Projects Lead
U.S. Ski & Snowboard Team
Advisory Board

Ditch Enhancement Projects
Stillwater Ditch Enhancement Desing and Construction
Services. Serving as project manager, provided additional support
for preliminary and final design, project management, permitting
support, and engineering services during design and bidding for the
piping of the Stillwater Ditch for 28,000 feet (approximately 5.3 miles).
The work included design of sections of ditch to be piped, lined, and
graded to enhance the existing ditch. Work also included supporting
other NRCS grants throughout the area for the Upper Yampa Water
Conservancy District.
Middle Colorado Agriculture Collaborative Fish Passage and
Ditch Enhancement Served as project manager for Trout Unlimited
on a multi-phase initiative to improve fish passage and agricultural
water infrastructure on the Middle Colorado River. Led outreach to
irrigators to identify upstream diversion structures that impede fish
passage or require seasonal in-channel repairs causing
environmental impacts. Secured participation from agricultural water
users willing to modernize infrastructure to improve fish passage and
diversion efficiency, and led conceptual planning for five projects
during Phase 1. In Phase 2, oversee final design and implementation
of diversion upgrades, including three projects at Meadow Creek
Ranch (Elk Creek), one project for the Roseman Ditch Company (Elk
Creek), and one project for the J-Wolverton Ditch Company (Canyon
Creek).
Nottingham and Puder Ditch Lining. WWE serves as the On-call
Water Resources Engineer for the Town of Avon. WWE was asked
to evaluate the dilapidated diversion structure and leaky Nottingham
and Puder Ditch, which was unable to effectively convey water from
points of diversion to points of use. Initially, a concept plan was
developed to upgrade and replace most of the in-river diversion
structure, measuring device, and ditch enhancements. At this time,
the Town chose to move forward with only the ditch enhancements.
Design work included evaluating various liner options, assessing
ditch efficiencies, and recommending the most appropriate and costeffective lining product to use to control leakage. Designs and
permitting packages were developed by WWE for the ditch lining and
measuring device bid document development.

September 2026

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ATTACHMENT 1

Scott D. Schreiber, P.E., CFM, BC. WRE
Project Manager
EagleVail Diversion Structure Design. Completed the redesign and replacement of the EagleVail diversion
structure to improve diversion reliability, operational efficiency, and stream stability while maintaining water
delivery to the EagleVail Golf Club irrigation system. The project included evaluation of hydraulic conditions,
diversion performance, and stream function to develop a replacement structure capable of reliably diverting
water across varying flow conditions while minimizing impacts to the stream channel and aquatic habitat.
Roan Creek Fish Barrier and Diversion Infrastructure Upgrades. Served as project manager providing
engineering design services to replace a failing fish barrier structure on Roan Creek in Garfield County,
Colorado. Worked with The Middle Colorado Watershed Council (MCWC) in cooperation with the BLM’s
Colorado River Valley Field Office to conduct initial feasibility investigations and subsequently develop
construction drawings, design specifications, and construction cost estimates. Project constraints included
a tight schedule, a tight budget, and a remote project location. Work included siting of the diversion,
preliminary design, final design, and permitting.
Zartman Ditch Enhancement. Served as project engineer for a comprehensive evaluation of the 16,700foot Zartman Ditch to improve reliability and maximize delivery of approximately 13.7 cfs of decreed water
rights from Salt and Kelly Creeks. Conducted field reconnaissance and RTK survey, coordinated with NRCS
to review prior analyses, and developed conceptual plan-and-profile drawings identifying 2,635 feet of priority
rehabilitation. Evaluated alternatives including phased and full piping, ditch lining options, and hydraulic
capacity, and recommended a 36-inch HDPE pipeline to convey full flows pending detailed survey and
modeling. Prepared preliminary construction cost opinions ranging from $1.2M for priority improvements to
$6.8M for full buildout, and developed a permitting and funding strategy including USACE/USFS coordination
and grant opportunities through NRCS, CWCB, and the Colorado River District.
King Heatherly Diversion and Fish Passage Design. Engineered a multi-benefit project for the Middle
Colorado Watershed Council (MCWC) to repair a failing diversion, stabilize banks, limit maintenance, and
provide fish passage for native bluehead suckers. Working with the ranch manager, water commissioner,
Bureau of Land Management (BLM), Colorado Parks and Wildlife (CPW), and MCWC, developed a creative
solution to limit the required maintenance on the structure, stabilize the undercut diversion and surrounding
banks, and install a rock ramp that is passable by many different species of fish including natives.
Canyon Creek Fish Passage. WWE is working with Trout Unlimited, Colorado Parks and Wildlife, Colorado
Department of Transportation, and the Middle Colorado Watershed Council to retrofit the culvert of Canyon
Creek that passes under Interstate 70 at Chacra. This segment of Canyon Creek is not accessible to
spawning fish from the Colorado River, which reduces available spawning habitat for trout, suckers,
whitefish, and sculpin in the Colorado River. Will design and monitor construction of a retrofit of this culvert
system with baffles that will enable spawning fish to access 12 miles of Canyon Creek.
South Boulder Creek Stream Management Plan (SMP). Working with the Boulder Flycasters chapter of
Trout Unlimited, utilized the Colorado Stream Health Assessment Framework to evaluate the overall health
of nine miles of South Boulder Creek and helped develop a specialized framework for evaluating multibenefit diversion rehabilitation projects. There are approximately 20 diversion structures in the nine-mile
reach that were evaluated and conceptual designs were developed.
Florida Canal Fish Passage. Working with Colorado Parks and Wildlife (CPW) and Gateway Resort, a
series of fish passage structures were designed to replace an old diversion that was unsafe for boaters. The
old diversion also limited fish passage by native species. The new fish passage design was developed to
allow safe boat passage and to provide the ability to modify fish passage operations to limit passage of
certain fish species during certain parts of the year.

September 2026

Page 2 of 2

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ATTACHMENT 1

Jonah Howe, P.E.
Project Engineer

Experience Overview
Jonah is a water resources engineer based in Grand Junction with
experience in ditch lining and piping, stream restoration, hydraulic
structures, stormwater management and design, erosion control design,
water modeling, site grading, and other fundamentals related to site
development. Jonah also has several years experience working on water
rights projects across Colorado. Relevant modeling and computer
application experience includes AutoCAD Civil 3D, Bentley FlowMaster,
HEC-RAS, and HEC-HMS.

Relevant
Credentials/Specialties
 7 Years of Experience
 Stream Restoration and
Stabilization
 Construction oversight
 Hydrologic Modeling
 1D and 2D Hydraulic
Modeling
 Watershed Planning and
Stormwater Management
 Stormwater Quality and
Detention Modeling and
Design
 Floodplain and Stream
Corridor Mapping

Education


B.S., Civil Engineering,
2019, Colorado School of
Mines

Registrations/
Certifications


Colorado Professional
Engineer #63799



10-Hour OSHA Certification

Professional Affiliations


Colorado Water Congress
Professional Outreach,
Networking, and
Development (POND)
Member, January 2022–
Present

Planning and Design
Nottingham and Puder Ditch Lining, Town of Avon. Performed a
leak analysis for an historic irrigation ditch in Avon, Colorado.
Evaluated various liner options, assessed ditch efficiencies, and
recommended the most appropriate and cost-effective lining product
to control leakage. Produced construction documents for the ditch
lining alternative chosen which also included construction of a new
measurement flume. Provided oversight during project construction.
Middle Colorado Agricultural Collaborative (MCAC). Served as
project engineer for the retrofit design of five existing diversion
structures to provide fish passage along tributaries to the Colorado
River. Helped develop conceptual designs and provided bid
document development, including plans, specifications, bid
schedule, and quantity takeoff. Work included development of final
construction documents and provided construction oversight for the
three projects that have been built to date.
EagleVail Pavilion Pond Expansion Design. Project engineer
developing concept plans, bid documents, and final construction
drawings for the EagleVail Metropolitan District (EVMD) capital
improvement project to expand the Pavilion Pond. Other goals of the
project were to: expand the Pavilion Pond beach, create shallow area
for winter ice skating, provide fishing dock for children, improve
landscaping around site, aerate pond to improve water quality, and
line pond to maximize use of water rights. Work included completion
of construction-ready documents, designs, and specifications.
Roan Creek Fish Barrier. Served as project engineer providing
design services to replace a failing fish barrier structure on Roan
Creek in Garfield County, Colorado. Developed bid documents
including plans, specifications, bid schedule, and quantity takeoff.
Provided development of final construction documents and
construction oversight.
Floyd Hill Master Plan. Developed summary document outlining
general details and conceptual improvements that could be applied
on a watershed-wide scale. Provided recommendations for
maintenance and improvements based on hydrologic and hydraulic
(H&H) model of the area. Summarized data that can be used to
identify and minizine localized drainage concerns, identify floodplain
problems, recommend planning, and prioritize proposed
improvements while integrating water quality best management
practices (BMPs).

September 2026

Page 1 of 1

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ATTACHMENT 1

Curriculum Vitae
Name:​
Address:

Bruce R. Bacon
425 Colorow Road
Golden, Colorado 80401
USA

Email: [email protected]
Telephone:​ 720-480-6639 Mobile
720-799-2828 Office

PROFILE SUMMARY Senior Engineer/Manager/Executive with multiple industry experience.

Electrical engineering background with focus on embedded and wireless (terrestrial and
satellite) throughout a career in fixed-site and mobile, commercial and industrial
wireless applications. Since 2016 focused on technology applications for water resources
infrastructure. Skilled in all aspects of product development from technology assessment
and ROI analysis through architecture, development, and production. Small and medium
corporate management experience at all levels, private and public. Strong interpersonal
and presentation skills.

PRINCIPLE
SKILLS

EXPERIENCE

SKILL

EXPERIENCE

Corporate management, small & public companies
Product development/production cycle management
Hardware design engineering – Digital, Analog
Customer service and technical training
Technology assessment and system architecture
Process development/improvement

27 years
40 years
40 years
40 years
40 years
40 years

4/2016 - Present

HydroLogik LLC

Golden, Colorado

www.hydrologik.com
Principal Engineer, Owner

Responsible for all aspects of small business ownership and operations. HydroLogik is
focused on products and services exclusively for the water resources application space.
Our clients include federal government agencies, public utilities, state and local
governments, districts, engineering firms, commercial, and private entities.
7/2014 – 4/2016

AMCi-Wireless
www.amci-wireless.com

Golden, Colorado

EVP Engineering, CTO, Director

Responsible for all product development and technology adoption. Hands-on
management and principle architect. Primary executive technical interface for all
customers and technology vendors. Focus on satellite-based remote and mobile
tracking, telemetry, and asset management, end-to-end solutions, including hardware
development, integration, packaging, and back-end application software.

11/2003 – 6/2014

AMCi
www.amci-wireless.com

President, CEO, Director

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Golden, Colorado

ATTACHMENT 1

Responsible for corporate strategic planning and execution. Early focus on achieving
profitability and cash flow. Follow-on focus on broadening and diversifying customer
base and markets. Ongoing functional role as CTO.

8/1998 – 10/2003

AMCi
www.amci-wireless.com

Golden, Colorado

VP Engineering, CTO, Director

Responsible for all product development and technology adoption. Hands-on
management and principle architect. Primary executive technical interface for all
customers and technology vendors. Focus on satellite-based remote and mobile
tracking, telemetry, and asset management, end-to-end solutions, including hardware
development, integration, packaging, and back-end application software.
9/1996 - 7/1998

RadiSys Corporation
www.radisys.com

Hillsboro, Oregon

Sr. Hardware Design Engineer

Lead engineer for entire product development cycle, from specification through
production, of embedded computer products with x86 processors. Compilation of
customer requirements, product specification and documentation, component
specification and selection, schematic design and capture, PCB design and layout,
hardware, BIOS, and firmware debug, design verification testing, environmental testing,
EMI/RFI testing, agency certification, production, ongoing customer support.
1/1984 - 8/1994

DTR-Denver
www.dtrdenver.com

Denver, Colorado

Manager of Technical Services

Responsible for all aspects of operation of multi-million dollar automotive OEM
electronics component level repair, service, and exchange facility working for GM, Ford,
Chrysler, Toyota, and more. Developed industry leading service facility management
software, responsible for over 40 staff, all technical and operational training, TQM
program (ISO-9002) implementation, IT systems, and personnel management.

EDUCATION

5/1996

Montana State University

US-Montana-Bozeman

Bachelor's Degree – Electrical Engineering

GRE - 2170 (V-640, A-730, Q-800)​
BSEE - GPA 3.7 (last 60 sem. hrs.)​
Honors Societies: Tau Beta Pi (Engr.), Eta Kappa Nu (EE)
Note: Completing my BSEE degree filled the gap between DTR-Denver and RadiSys.

SKILLS

Skill Name

Skill Level

Last Used

Experience

Product definition architecture development

Strong

Currently used

28 years

Technical trainer
Strong
Hydrological Systems Strong

Currently used
Currently used

28 years
17 years

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ATTACHMENT 1

Analysis & Solutions

ADDITIONAL
INFORMATION

Analog circuit design

Strong

Currently used

28 years

Digital circuit design

Strong

Currently used

28 years

Embedded control
system design

Strong

Currently used

17 years

Assembly
Language-several

Moderate

Several years ago

6 years

ANSI-C

Moderate

Several years ago

4 years

PADS PowerLogic &
PowerPCB

Moderate

Currently used

17 years

Programmable logic
Moderate
design – Altera, ABEL

Several years ago

5 years

Technical Writing

Strong

Currently used

28years

Component level
troubleshooting

Strong

Currently used

40 years

Business accounting
software

Moderate

Currently used

28 years

Patents held:​
-6,152,856, Nov. 28, 2000 - "Real-time simulation using position sensing."
-6,336,891 B1, Jan. 8, 2002 – “Interactive Exercise Pad System”
Specific experience and knowledge:
- Surface water measurement, monitoring & control systems & technologies
-Detailed knowledge of OEM and aftermarket automotive electronics systems.
-Extensive application development experience for wireless-enabled products (both
terrestrial and satellite wireless technologies)
-Extensive application development experience with GPS-enabled applications for
tracking and position reporting.
-Extensive experience with Internet-based application development-deployment.
-All aspects of PC hardware, network, and software installation and configuration.
-Highly skilled at all aspects of soldering and rework.
-Familiar with most types of electronic test equipment.
-Service program development and implementation.
-Strong written and verbal communication skills (sorry for all the sentence fragments in
this CV).
-Quality program development, TQM, SPC, etc.
Licenses and Certificates Earned:
-FCC General-Class Radiotelephone Operators License
-Nationally Registered Emergency Medical Technician - NREMT-B
-Montana Emergency Medical Technician - EMT-B
-National Ski Patrol Systems Outdoor Emergency Care Technician
-General Motors: Certified Instrumentation and Display Technician, Certified Audio
Products Technician.
-Numerous consumer and automotive OEM manufacturers' training certificates

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ATTACHMENT 1

Attachment B: Scope and Fee

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ATTACHMENT 1

WWE

Town Ditch Splitter Box Improvements
Task 1

Existing Conditions and Assessment
Project Management
Site Visit
Ground Survey
Geotech
Task 2
Alternatives Analysis
Alternatives Development
SCADA Coordination
Cost Estimates
Task 3
30% Design, OPCC, and City Review
30% Design
Cost Estimates
Task 4
90% Design and City Review
90% Design
Cost Estimates
Task 5
100% Final Design, OPCC, and Technical
100% Design
Bid Schedule and Cost Estimate
Specifications
Hour Subtotals
Labor Subtotals

S. Schreiber
Sr. Principal
$278
10
2
8

3
1
1
1
2
1
1
2
1
1
3
1
1
1
20
$5,560

J. Howe
Engineering
Specialist
$186
8

HydroLogik
B. Bacon
SCADA
$150
0

Structural
Engineer
$200
0

$7,400

0

0

$400
$3,500
$3,500
$0

16
16

16
16

$0

16
16

12
12

$0

0

0

$0

32
$4,800

28
$5,600

--$7,400

8

34
24
2
8
48
40
8
43
36
7
40
24
8
8
173
$32,178

WWE Direct
Costs

WWE Costs

Subtotal
Costs

$12,593
$556
$4,162
$3,938
$3,938
$7,158
$4,742
$650
$1,766
$9,484
$7,718
$1,766
$8,554
$6,974
$1,580
$8,274
$4,742
$1,766
$1,766
193
$46,063

$12,593
$556
$4,162
$3,938
$3,938
$7,158
$4,742
$650
$1,766
$15,784
$14,018
$1,766
$13,954
$12,374
$1,580
$8,274
$4,742
$1,766
$1,766
253
$57,763

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ATTACHMENT 1

Town Ditch Splitter Box Improvements Scope and Fee Proposal
PREPARED FOR

City of Gunnison

September 2026

991-999.877

WRIGHT WATER ENGINEERS, INC.

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City of Gunnison Agenda Report
Date:
To:
From:
Subject:

October, 20th 2026
Mayor and City Council
Pete Rice, P.E., Public Works Director
Donald Getz, Wastewater Superintendent
Item VIII. D., Contract Award, Wastewater Treatment Plant,
Screw Pump Gearbox Replacement

Strategic Framework:
As part of the City’s strategic framework, Council has identified Infrastructure Resilience
as a key imperative to improve the Wastewater Treatment system resources.
Background:
To meet current and future function requirements of the Wastewater Treatment Plant
infrastructure must be replaced periodically. Typically, replacement of essential equipment
can be planned and budgeted in five-year Capital Outlay. However, some equipment
schedules its own replacement on a more immediate timeline. In the pretreatment building
of the wastewater treatment plant two influent screw pumps convey incoming sewage to
the treatment process. Currently, only one of these screw pumps is operable as the
gearbox that drives the pump has failed.
Wastewater staff has worked with the manufacturer Lakeside to diagnose and source
replacement parts for the gearbox of the screw pump. The current gearboxes in operation
were originally installed in 1987. The oil pump on the gearbox has failed and due to the
age of the equipment a replacement is no longer available. In the quote from Lakeside for
the replacement gearbox the oil pump is listed as an “integral” unit and thus is part of the
gearbox’s construction.
Staff Recommendation:
Execute purchase order with Lakeside for the purchase of a new gearbox as listed on the
September 15th quote. This equipment has a lead time of 20 to 24 weeks and should be
ordered promptly. This quote does not include installation. Staff will continue to assess
the best path forward for installation.
Action:
Consider a motion to authorize the City Manager to sign and execute the purchase order
with Lakeside Equipment Corporation for the purchase of the Lakeside Gearbox in an
amount not to exceed $62,000.
Will there be any financial impact?
Yes, an expenditure of $62,000 for the purchase. The installation costs have not been
fully assessed at this time.
City of Gunnison Agenda Report | Page 1 of 2

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Has this item been budgeted?
62-30-3402-7090 Other Professional Services has $275,000 remaining in 2026 and will
be rolled into the 2027 budget as appropriate.
Attachments:
1. Lakeside Gearbox Purchase Order.

City of Gunnison Agenda Report | Page 2 of 2

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ATTACHMENT 1

PURCHASE ORDER

Purchase Order Number:
2600033
(This number must appear on all invoices, shipments
and correspondence relative to this P.O.)

Date: 10/27/26
Account No.:
Department:
Public Works WWTP
Please furnish and bill the following
direct to:
City of Gunnison
P.O. Box 239
201 W Virginia Avenue
Gunnison CO, 81230

Exemption for state sales/use tax account number 09806327
To:
Lakeside Equipment Corporation
1022 E. Devon Ave.
PO Box 8448
Bartlett, IL 60103
Phone: 630-837-5640

QTY
1

[email protected]

970-641-8070
Subject to conditions listed below
UNIT PRICE
AMOUNT
62,000.00
62,000.00

DESCRIPTION
Lakeside Open Screw Pump Gearbox - 54 Inch

Deliver to; City of Gunnison WWTP
524 County Road 32

$

-

$

-

Gunnison, CO 81230

Product and services according to Budget Price Sheet
dated Sept. 15, 2026.
Contractor to provide Certificate of Insurance at time of
PO issuance.
Shipping to be FOB Destination
Above prices are not subject to change after order is accepted.
Delivery Date: 20-24 Weeks ARO
Attached City of Gunnison Standard Terms & Conditions shall apply.
Instructions: Invoices and statements must be received no later
than the 5th of month following date of purchase, to be approved
for payments by the 10th. Invoices and statements received after
the 5th will be held over until the following month without
forfeiting any cash discount. When carrier bill of lading is used,
send original to consignee. In accepting verbal or telephone
orders, Purchase Order Number must be obtained before making
delivery. Invoice must state Order Number, point of delivery,
consignee and cash discount allowed. All discounts must be
on the invoice.

Subtotal
Shipping and
handling

Included

TOTAL

$62,000.00

City Manager

Date

Director

Date

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ATTACHMENT 1
CITY OF GUNNISON

PURCHASE OF GOODS
STANDARD TERMS AND CONDITIONS
1. Contract Funding: Payments and performance obligations for purchases and/or additional terms of
the contract are subject to the availability and appropriation of funds.
2. Suitable Materials, Etc.: Unless otherwise specified, all materials, supplies or equipment offered by
the supplier shall be new, unused, and of the latest edition, version, or model, of recent manufacture.
No charges for packing, boxing or cartage, unless specifically agreed upon.
3. Inspection and Receipt of Goods: All goods covered by the purchase order is subject to inspection,
testing and final acceptance or rejection by the City at destination, unless otherwise specified therein.
4. No Assignment or Delegation: The supplier may not assign or delegate this contract, or any part of it,
or any right to any of the money to be paid under it, except with the written consent of the City.
5. Contract Prices: Contract prices for commodities must be in U.S. funds and include applicable federal
duty, brokerage fees, packaging, and transportation cost to the FOB point so that upon transfer of title
the commodity can be utilized without further cost. Prices for services must be in U.S. funds and
include applicable federal duty, brokerage fee, packaging, and transportation cost so that the services
can be provided without further cost.
6.

Governing Law; Forum Selection: This contract is governed by the laws of the State of Colorado

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ATTACHMENT 1
1022 E. DEVON AVE.

P.O. BOX 8448

BARTLETT, IL 60103

PHONE (630) 837-5640 FAX (630) 837-5647
www.lakeside-equipment.com

15-Sep-26

Budget Price Sheet

To:

From:

City of Gunnison
Gunnison WWTP

Jim McKee

Project: Gunnison, Colorado

Attn: Donald Getz

Lakeside Open Screw Pump Gearbox
54-inch 

Unit Price:
Quantity:

$62,000
1

Existing S.O. 86-114 and 22-102

Total Package Cost:

$62,000

Specification
Unit Capacity:
Lift:
Pump Speed:
Horsepower:
Screw Diameter:

5,000 gpm
16.59-ft (H)
37 rpm
40
54-inches

Drive Arrangement:
Upper Bearing:
Lower Bearing:
Inclination:

Base Mounted
4 ½ -inches
4 ½ -inches
38-degrees

Items Included In Pricing
Base-mounted drive assembly with integral lube pump (Sumitomo PHA-9035P3Y)
Base plate
Coupling and guard
Belts and sheaves with belt guard
Anchor bolts (stainless steel)

FOB:
Factory
Warranty:
1 year
Start-up service:
2 days in 1 trip
Full Freight allowed to job site

Submittals (not required):
Delivery:
Shipping weight/unit:

Items Not Included In Pricing
Erection of equipment
Motor
Upper screw shaft and bearing

Controls and electrical wiring
Spare parts
Tools

James McKee
Vice President
e-mail: [email protected]

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20 to 24 weeks
850 lb

City of Gunnison Agenda Report
Date:
October 23, 2026
To:
Mayor and City Council
From:
Amanda Wilson, City Manager
Subject: Item No. VIII. E., State Legislative & Policy Discussion
______________________________________________________________________
Strategic Framework:
N/A
Background:
The First Regular Session of the Seventy-sixth General Assembly convened on January
11, 2027. The House and Senate have proposed a long list of legislative bills for
consideration. Once available a complete list and status of the bills may be viewed at
www.leg.colorado.gov.
Changes in state law may have an impact on municipalities. To this end, the City of
Gunnison is a member of the Colorado Municipal League (CML). CML is a nonprofit,
nonpartisan organization established in 1923 and represents the interests of 270 cities
and towns throughout Colorado. CML employs dedicated staff provide legislative and
policy advocacy. The organization publishes robust resources to inform elected officials
and staff. Additionally, on occasion, CML initiates legislation. A full “scorebox” (aka: list
of positions) on various bills, as well as legislative priorities, and a “Statehouse Report”
will be available at www.cml.org/home/advocacy-legal.
Proactively, CML has adopted a Policy Statement (see Attachment 1) to guide efforts as
the next Session develops. The CML Policy Committee meets regularly and most recently
reviewed general information (see Attachment 2) in preparation for future advocacy
efforts.
In addition to CML, the City is also a member of the Colorado Association of Ski Towns
(CAST) and recently participated in its legislative update. Similar to CML, CAST employs
advocacy staff and initiates committees composed of participating members to critically
review proposed legislation and/or propose solutions.
Proactively, CAST has adopted a Policy Statement (see Attachment 3) to guide efforts as
the next Session develops. The CAST meets regularly and most recently reviewed
general information in preparation for future advocacy efforts (see Attachment 4).
Staff Recommendation:
N/A
Action:
No action requested; discussion only.
City of Gunnison Agenda Report | Page 1 of 2

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Will there be any financial impact?
N/A
Has this item been budgeted?
N/A
Attachments:
1. CML Policy Statement
2. CML General Concerns/Information
3. CAST Policy Statement
4. CAST General Concerns/Information

City of Gunnison Agenda Report | Page 2 of 2

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ATTACHMENT 1

POLICY
STATEMENT
2026-2027

TOP
1

CML Policy Statement 2026-2027

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2

CML Policy Statement 2026-2027

CML

POLICY STATEMENT
The Colorado Municipal League supports cooperation among local, state, and
federal officials to provide a strong partnership with Colorado’s cities and towns.
CML’s dedicated advocacy team is a reliable source of information about legislative
issues and their impact on Colorado’s cities and towns and their residents.
The CML Policy Statement has evolved throughout the history of the League
and guides the CML Executive Board, committees, and advocacy team during
the legislative session and throughout the year. The CML Policy Committee,
which is open to representation from each municipal member and CML
professional section, is charged with developing policy recommendations and
proposing amendments to the Policy Statement. During the business meeting
(held each year at the CML annual conference), CML members consider any
recommendations and adopt the Policy Statement for the next year.
The CML Policy Statement consists of several major policy items but is not
exhaustive. When legislation or policy issues are considered, the CML staff, Policy
Committee, and Executive Board look first to the Policy Statement to develop
recommendations and formal positions. If a specific issue is not found within the
Policy Statement, the Policy Committee and Executive Board will consider and
establish a CML position, if any. We welcome input and suggestions from members
on CML policy and positions. We remain proud to be your source for advocacy,
information, and training.
If you have questions or comments about CML policies, please contact
CML Legislative Advocacy Manager Beverly Stables at [email protected] or
303-831-6411.

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3

CML Policy Statement 2026-2027

CML 2026-2027

POLICY STATEMENT
LOCAL CONTROL &
MUNICIPAL HOME RULE
As the government most accountable
to the people, municipal governments
serve the people best by identifying
local needs and desires and designing
the best solutions for local needs.
State and federal interference can
undermine the ability of municipalities
to recognize problems and innovate
solutions that best meet their needs.
At worst, state interference can violate
the constitutional mandate of home
rule. Therefore, the League:
• Urges state and federal officials to
respect Colorado’s tradition of local
control and allow municipal officials
to address local problems without
interference from the state and
federal government.
• Urges Congress and the executive
branch to respect the roles and
responsibilities of states and local
governments and similarly urges
state officials to avoid preempting
local authority.
• Supports state enabling legislation
that provides municipalities with
authority and flexibility to address
local needs.
• Recognizes the desire of the
citizens statewide and in many local
communities — with adoption of
a constitutional amendment in
1902 and expanded amendments
4

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approved in 1912 and 1970 — to
establish municipal home rule and
opposes state action that attempts
to weaken home rule authority and
flexibility.

INTERGOVERNMENTAL
COOPERATION
Citizens are best served when officials
of federal, state, and local government
(including municipalities, counties,
special districts, and school districts)
respect the roles of each entity and
work toward common solutions.
Therefore, the League:
• Supports increased dialogue
and cooperation among federal,
state, and local officials and the
development of cooperative
intergovernmental solutions to
common problems.
• Opposes the imposition of conditions
on federal or state funding
that are coercive, violate the constitutional separation of powers, interfere
with local decision-making and constitutional home rule authority, or are
not directly related to the
purposes of the funding.

STATE & FEDERAL
MANDATES
Programs and regulations mandated
by the state or federal government
CML Policy Statement 2026-2027

stretch the financial resources of
municipalities. These costs, if not paid
by the state or federal government,
prevent municipalities from fulfilling
local needs and priorities. Therefore,
the League:
• Opposes state and federal mandates
that impose financial or operational
burdens on municipalities and their
citizens.
• Supports the statutory requirement
for the General Assembly
and Congress to reimburse
municipalities for the cost of state
mandates and to make clearer this
requirement in state fiscal notes
prepared for the General Assembly
and Congress.

STATE FISCAL FAIR PLAY
Municipal finances are closely
interrelated with state finances and
policies, especially those that impose
fiscal burdens on municipalities.
Much state revenue is collected from
activities and individuals residing in
municipalities who expect to receive
a fair share of the benefit of their
payments. State adherence to fiscal
fair play policies will greatly help
municipalities and their citizens.
Therefore, the League:
• Supports appropriate action to
resolve state and local financial
limitations caused by the interaction
of various constitutional and
statutory provisions and economic
fluctuations.
• Supports continued state sharing
with municipalities of equitable
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portions of existing and future
revenues derived from funds that
have traditionally been intended to
be shared with municipalities, despite
being collected by the state.
• Urges the state to avoid or exercise
restraint in relying on fees, charges,
and other cash funding of programs
that affect municipalities, especially
in the areas of technical assistance,
in programs where municipal
participation is mandated by state
law, and in regulatory programs that
affect municipalities.
• Opposes state granted exemptions
or other state actions that erode
municipal sales, use, and property tax
revenue, as well as other revenues
unless the state provides adequate
replacement revenues.
• Opposes disproportionate cuts
in state programs that benefit
municipalities.
• Opposes the state forcing the
expenditure of local funds or
requiring local governments to
collect state revenues to fund state
programs.

SALES & USE TAXES
The primary revenue sources for
municipalities are local sales and
use taxes. Sales and use taxes have
enabled municipalities to fund public
services and improvements and keep
municipal property taxes relatively
low. Appropriate actions at federal,
state, and local levels should preserve
or enhance these local revenues.
Therefore, the League:
CML Policy Statement 2026-2027

• Supports retention of authority for
all municipalities to set local tax rates
and for home rule municipalities to
collect their own taxes and determine their own tax bases.
• Supports broadening the state and
local sales and use tax base.
• Supports appropriate legislation or
court action allowing state and local
governments to require businesses
to collect state and local sales and
use taxes on remote sales.
• Supports cooperative efforts
among municipalities to standardize
municipal sales and use tax practices
and utilization of technology for the
convenience of taxpayers, businesses,
and municipalities.
• Supports a level playing field
between local brick-and-mortar
businesses and remote sellers
through the requirement for remote
sellers to collect and remit municipal
sales taxes based on the point of
delivery.
• Supports programs that allow
businesses to remit state and local
sales taxes to a single point while
preserving home rule authority over
tax rates, base, and audit authority.
• Opposes reductions in the state and
local sales and use tax base.
• Opposes legislation that would
preempt the authority of state and
local governments to apply their
sales and use taxes to remote sales.
• Opposes legislation authorizing public
entities that are not cities or towns
to impose sales and use taxes that
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would increase competition for sales
and use tax revenue and make voter
approval for new or modified taxes
without local government approval.
• Supports statewide policy allowing
local decision making for K-12
education mill levy matters. Local
school districts should not have
limits to their mill levy that force
them to use sales tax to maintain
services.

MUNICIPAL FINANCE
Capital Financing
The League:
• Supports enhancement of
municipalities’ flexibility to finance
public projects economically and
efficiently.
• Opposes any efforts to abolish
or impair the effectiveness of the
municipal bond interest exemption.

Census
The League supports sufficient
federal funding support of the
decennial census to assure a complete
and accurate count that reflects
population, municipal borders, regional
equity, and hard to count populations.

Double Taxation
The League supports state legislation
and local practices that eliminate
the financial inequities created by
the imposition of taxes on municipal
residents for county services that
are provided primarily or solely to
residents in unincorporated areas.
CML Policy Statement 2026-2027

Federal Policies
The League:
• Supports distribution of federal
funds to municipal governments with
a minimum of red tape and without
excessive diversion at the federal and
state levels.
• Supports establishment of advisory
committees comprised of local
government officials to ensure
ongoing local input on state
assumption and administration of
federal programs that affect local
governments.
• Supports continued funding of the
Community Development Block
Grant program.
• Supports continued direct funding of
federal housing programs.
• Supports funding the Energy Block
Grant program.
• Supports repeal of the Davis-Bacon
Act or revisions thereto, including
raising the project exemption
amount, to eliminate wasteful red
tape and enable state and local
governments to stretch tax dollars
for public works projects.
• Supports repeal or revisions in
the application of the Fair Labor
Standards Act to local governments
to avoid the Act’s costly and
burdensome impacts on local
government operations.
• Encourages recognition of
Colorado’s unique economic, social,
and physical characteristics when
federal action affects programs or
projects of local concern.
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• Opposes the direct or indirect
taxation of the activities and
operations of municipal government.
• Opposes tax reform proposals that
would exacerbate the federal deficit,
increase the cost of municipal capital
investment, interfere with traditional
state and local tax systems or
preempt the deductibility of state
and local taxes.
• Opposes the elimination of the taxexempt status of municipal bonds.
• Opposes the denial of funds based
upon a state’s or municipality’s
failure to meet requirements of an
unrelated program or because of
factors beyond the control of the
state or municipality.
• Opposes cuts in federal programs
that disproportionately affect
municipalities.
• Opposes imposition of federal
standards upon local government
operations and employees that do
not apply equally to federal and
state government operations and
employees.
• Opposes the sale of federal lands to
finance federal programs without
local input.
• Supports the efficient and effective
use of federal passthrough funding administered by the state with
special attention to lowering project
overhead costs and increasing local
flexibility within federally mandated
and reviewed companion regulations.
The suitability of administrative requirements should be proportionate
to project complexity, such as the
CML Policy Statement 2026-2027

difference between an Environmental Assessment and a more complex
and expensive Environmental Impact
Statement.

BEER & LIQUOR
The League:
• Supports the greatest amount of
local control possible for liquor
licensing and permitting.
• Supports coordination with the
Colorado Liquor Enforcement
Division.

CONSOLIDATION
OF GOVERNMENTS
The League supports voluntary consolidation of local government entities
and services by mutual agreement.

CRIMINAL JUSTICE

with individuals with mental and
behavioral health issues.
• Opposes state preemption of
municipal authority to regulate
firearms within municipalities.
• Opposes criminal justice initiatives
that impose costs on municipalities
without adequate state funding.

ECONOMIC DEVELOPMENT
The League
• Urges the state to allocate sufficient
funding and staff to support robust,
multifaceted programs that strengthen Colorado’s economic vitality by:
U Supporting local economic
diversification, business retention,
job creation, regional
collaboration, and tourism.
U Coordinating closely with local
governments.

• Supports state- and communitybased intervention, prevention, and
rehabilitation programs and state
initiatives that respect the key role of
communities and local government
officials.

U Respecting the wishes of directly
affected communities by not
promoting unwanted economic
development projects. Encourages
the federal government to
support state and local
government activities promoting
economic development.

• Supports ensuring that municipal
governments retain flexibility in
implementing federal, state, and local
criminal justice programs.

• Supports incentives to promote and
encourage the rehabilitation and
revitalization of local economies and
downtowns.

The League:

• Supports state funding for regional
and local public safety programs
that rely on the co-responder
model which partners mental and
behavioral health professionals
with law enforcement for contacts
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ELECTIONS
The League:
• Supports the right of all
municipalities under the Colorado
CML Policy Statement 2026-2027

state statutes to conduct free
and fair nonpartisan elections
at the municipal level that are
unencumbered by state and federal
overreach.
• Supports the continued retention
of authority for home rule
municipalities to administer the
election process as a matter of local
concern.
• Supports municipal control over
alternative voting methods in local
elections, and options for alternative
voting methods and election
schedules in local elections.
• Supports the continuation of mail-in
ballots.

ELECTRIC & NATURAL
GAS SERVICES
The League:

• Opposes federal or state
restructuring of the electric
or natural gas industry if such
restructuring:
U restricts municipal authority to
regulate the use of rights-of-way
and to franchise and tax utilities
and services;
U interferes with services provided
by municipally owned utilities;
U fails to protect interests of all
consumer classes; or
U sacrifices environmental and
social objectives protected
under existing regulatory
policies.
• Opposes efforts to prevent municipalities from extending utility services to newly annexed areas or providing utility services to customers
in unincorporated county properties
adjacent to the municipality.

• Supports the preservation of local
control regarding the siting and
permitting of utility facilities and
energy projects.

The League:

• Opposes federal or state restrictions
that limit the ability of municipalities
to create new municipally-owned
utilities.

• Supports local control of emergency
services, with the state serving
as a resource for information,
coordination, and training.

• Opposes federal restrictions that
would dictate territorial service areas
or restrict the ability of municipally
owned utilities to service customers
within their municipalities, including
newly annexed areas.

• Supports adequate state funding for
agencies that assist local emergency
services.

• Opposes federal legislation
requiring states to implement retail
competition.

• Encourages strong
intergovernmental coordination and
increased federal funding to support

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EMERGENCY SERVICES

• Supports a voluntary, uniform
statewide fire incident reporting
system.

CML Policy Statement 2026-2027

local homeland security and first
responder efforts.

municipalities on the use of energy
efficient building codes.

• Supports expanded funding and
fee authority for emergency
communications, addressing
declining landline use and growing
mobile demand.

• Opposes state preemption of
municipalities in setting and
implementing long-term renewable
energy goals.

ENERGY
The League:
• Supports the development of a
balanced, long-term statewide energy
plan with an overall goal of reducing
greenhouse gas emissions.
• Supports the creation and expansion
of statewide goals that provide
targets and incentives for the
implementation of renewable energy
strategies and that also recognize
the unique concerns of municipal
electric and gas systems.
• Supports empowering municipalities
to implement sustainable, reliable,
and resilient long-term municipal
energy needs.
• Supports municipal efforts to assess
energy efficiency opportunities
in their own operations and in
their communities, setting energy
efficiency targets, and creating local
action plans.
• Supports retrofitting municipal facilities with energy efficient technologies, policies that enhance municipal
energy conservation, and programs
that promote the generation of
alternative energy sources.
• Supports working with appropriate
state and local agencies to educate
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• Opposes state preemption of
municipalities in the siting and
permitting of energy projects.

Natural Resource Production
The League:
• Supports enhanced local input and
mitigation powers of municipalities
in addressing the environmental,
health, safety, and economic impacts
of energy extraction.
• Supports meaningful involvement of
affected local governments by the
Colorado Energy and Carbon Management Commission and the Colorado
Department of Public Health and Environment in energy extraction decisions, with recognition of local health,
safety, and environmental impacts.

Severance Tax & Federal Mineral
Lease Revenue
The League:
• Supports a continued dialogue
with local governments regarding
the collection and distribution of
severance tax and federal mineral
lease revenues.
• Supports raising the severance tax
rate and removing severance tax exemptions to generate additional revenue for impacted local governments
and natural resource programs.
CML Policy Statement 2026-2027

• Supports the development of a
permanent trust fund using a portion
of existing and new revenue from
severance taxes and federal mineral
leases, so long as such revenues
can be made available to local
governments.
• Opposes any reduction in the
existing revenue streams of
severance tax and federal mineral
lease revenue to local governments.
• Supports financial and technical
assistance to local governments affected by natural resource extraction
to permit planning for and provision
of municipal services and facilities.
• Opposes the appropriation of
energy impact and mineral lease
funds, historically set aside for
local governments, to finance state
programs and administrative costs of
state government.
• Opposes off-the-top diversion of
severance tax and federal mineral
lease revenue.
• Supports the full restoration of
energy impact and mineral lease
funds used to finance state programs
and costs of state government.

ENVIRONMENT
The League:

• Supports reasonable, practical
enforcement of air and water
pollution control laws.
• Supports regulation to meet regulatory goals that accounts for the
fiscal conditions of municipalities.
• Supports adequate state regulation
and enforcement of drilling and mining
sites, production facilities and waste
product storage and disposal facilities.
• Supports practices to assure
public health, safety, environmental
protection and the protection of
domestic water sources.
• Opposes state preemption of local
land use and watershed regulations.
• Supports the local control of the
regulation of plastics and single-use
containers.
• Opposes unfair shifts of funding
responsibility to municipalities for
state environmental and hazardous
waste programs.
• Opposes state preemption of local
government authority to adopt
environmental ordinances.
• Opposes state mandates or
regulations on locally owned or
operated landfills that do not provide
the subsequent funding necessary to
comply with the new requirements.

• Supports federal and state programs
that encourage cleanup and reuse of
“brownfield” property.

The League:

• Supports full federal funding for
cleanup and ongoing maintenance
and monitoring of contaminated
federally owned or managed sites.

• Supports efforts to end inequity
based on race, gender, gender
identity, religion, nationality, sexual
orientation, age, or disability.

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EQUITY

CML Policy Statement 2026-2027

• Supports the protection of the
rights and dignity of individuals and
encourages programs and policies
that address equity in areas such
as criminal justice, employment,
environment, housing, homelessness,
health care, education, substance
abuse treatment, and mental health.

HOUSING
The League:
• Supports an adequate supply of
diverse housing options, regardless
of income level, and continued
public- and private-sector support
for such an effort.
• Supports clarifying state statute to
reflect that local governments have
the authority to require affordable
housing in new developments.
• Supports increased financial
assistance from the federal
government for housing needs of
low- and moderate-income families.
• Supports state financial support
for the Division of Housing’s loan
and grant program for low- and
moderate-income housing.
• Supports preservation of Proposition
123 funding for the advancement
of municipal efforts to increase
affordable housing.
• Supports the continued efforts
of the Colorado Housing Finance
Authority to work with municipalities
on the Authority’s various housing
loan programs.
• Supports efforts to upgrade
substandard housing.
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• Supports the preservation, revital­iza­
tion and redevelopment of existing
neighborhoods.
• Supports public and private financial
assistance programs and state
funding to address the needs of the
persons experiencing homelessness.
• Supports the establishment of
mechanisms to impose alternative
funding sources for housing.
• Supports municipal authority to
determine affordability based on
Area Median Income and other
relevant factors.
• Supports programs that involve municipalities in addressing foreclosures.
• Supports preservation of the State
Affordable Housing Fund for the
voter-approved purpose of funding
affordable housing through local
governments
• Opposes state preemptions of
municipal authority to regulate land
for residential uses, especially when
not connected to any requirements
of affordability.
• Opposes state preemption of local
authority to adopt and enforce
ordinances that regulate use of
public spaces.

INITIATIVE REFORM
The League:
• Supports efforts to maintain
the state constitution as a basic
framework for government rather
than as an embodiment of statutory
law, while maintaining the citizen
lawmaking process, by supporting
CML Policy Statement 2026-2027

additional protections for statutory
law made by citizen initiative.
• Supports the creation of
mechanisms for judicial review of
initiated local legislation before
elections to avoid unnecessary
expenditures of public funds.

LIMITED GAMING
The League:
• Supports Colorado’s limited
gaming framework as written in the
Colorado Constitution.
• Supports preservation and
restoration of the limited gaming
fund which distributes portions of
the proceeds of tax collected to
the state historical fund and gaming
cities and towns.
• Supports preservation of the local
government limited gaming impact
fund which provides grants to local
communities for gaming impacts.

LOTTERY

• Supports a local option to
prohibit cultivation facilities,
product manufacturing facilities,
testing facilities, and retail stores.
• Supports maximum local control for
municipal regulation and licensing
of hemp cultivation, both indoor
and outdoor; manufacturing; testing;
extraction; and retail stores.
• Supports maximum local control
to enforce local ordinances for
regulated substances.

MUNICIPAL COURT
OPERATIONS
The League:
• Supports the authority of home rule
municipalities to provide, regulate,
conduct, and control municipal
courts as stated in Art. XX of the
Colorado Constitution.
• Supports state funding for municipal
specialty courts and restorative
justice programs to deliver necessary
resources and reduce recidivism.

The League supports preserving all
lottery proceeds for park, recreation,
open space, and wildlife purposes pursuant to the Great Outdoors Colorado
program adopted by Colorado voters.

• Supports the authority of home rule
municipalities to establish ordinances for the protection of the public
health, safety, and welfare, and to
impose locally-determined penalties
for violations.

REGULATED SUBSTANCES

• Supports opportunities for
municipalities to create innovative
alternatives to criminal penalties.

The League:  
• Supports maximum local control for
municipal regulation and licensing of
cultivation facilities, product
manufacturing facilities, testing
facilities, and retail stores.
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• Supports cooperation between state,
county, and local law enforcement and
criminal justice agencies.
• Support funding, infrastructure, and
CML Policy Statement 2026-2027

other resources to increase court
data sharing, both between municipal
courts and between municipal and
state courts.
• Supports modifications to state law
that increase the ability of municipal
courts to require defendants to
appear in court or to penalize
defendants for failing to appear.
• Opposes imposition of state
surcharges on municipal court fines
for the purpose of funding state
programs.
• Opposes mandatory administrative
and operational requirements that
increase fiscal burdens on municipal
courts.
• Opposes limitations on the authority of municipalities to adjudicate violations of local ordinances, including
those involving juvenile offenders.

MUNICIPAL LAND USE
AUTHORITY
The League supports local control and
determination of local land use issues.
In general, the League supports state
laws and policies that encourage new
residential, commercial, and industrial
development to occur within existing
municipalities and that discourage
the sprawl of urban, suburban, or
exurban development into rural and
unincorporated areas of the state. In
addition, the League specifically:
• Supports prohibition of the incorporation of new cities and towns
adjacent to, or within the service
areas of, existing munici­palities.
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• Supports increased municipal and,
within unincorporated areas, county
controls over the formation of
special districts, placing additional
limitations on the powers exercised
by such districts and, where practicable, providing for the dissolution or
phasing out of special districts.
• Supports appropriate efforts to
permit application and enforcement
of municipal ordinances, such as
building codes, fire codes, subdivision
regulations, and zoning ordinances,
to buildings and improvements
proposed to be constructed by
government entities.
• Supports municipal discretion
concerning the imposition of
development fees and requirements.
• Supports municipal discretion to
adopt, update, and enforce local
building codes, including those that
meet or exceed state standards.
• Supports the clear authority of
municipalities to collect an impact
fee for schools.
• Supports financial and technical
assistance to municipal governments
in the areas of planning and land use.
• Supports municipalities, when
appropriate, in utilizing sub-local
governments (neighborhood,
nonprofit, and civic organizations
and homeowners’ associations)
in developing and implementing
solutions to specific localized issues.
• Encourages measures that promote
intergovernmental cooperation on
land use issues.
CML Policy Statement 2026-2027

• Encourages coordination of land use,
transportation, and infrastructure
planning.
• Encourages municipalities when
using tax increment financing to promote communication and intergovernmental cooperation with affected
local governments.
• Opposes efforts to restrict municipal
annexation authority.
• Opposes delegation of municipal
land use authority to state agencies
or preemption of municipal land use
controls.

dollars spent, and to create clarity
to ensure state financial assistance
can be used specifically for recovery
without violating TABOR revenue
and spending limitations.
• Supports state financial support
to assist local governments with
disaster mitigation, response, and
recovery in their communities.
• Supports legislation that reduces
systemwide underinsurance and
improves the transparency of the
coverage gap that a private property
owner has with their existing policy.  

• Opposes federal or state restrictions,
beyond those constitutional restrictions that have been defined by
recent Supreme Court decisions, on
the ability of federal, state, or local
governments to regulate private
property or to exercise the power
of condemnation for the benefit of
public health, safety, and welfare.

• Supports eliminating the practice
of insurance companies requiring
contents itemization in total losses
to receive the contents coverage
stated in a policy.  

• Opposes unreasonable restrictions
on urban renewal authorities and
downtown development authorities.

• Supports exploration of reinsurance
for disaster impacts and supports
legislation to address insurance
availability to ensure community
members have access to insurance.  

• Opposes federal or state preemption
of municipal land use with the
wildland urban interface.
• Opposes the imposition of arbitrary
timelines on municipal permitting.

NATURAL DISASTERS
The League:
• Supports specific modifications to
the Taxpayer’s Bill of Rights (TABOR)
to better define an “emergency,”
specify the amount of time for
repayment of any TABOR reserve
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• Supports regulating the loss ratio
for property and casualty insurance
so that premiums paid go to cover
losses and do not become excessive.  

• Supports exploration of public
insurance to address availability.  
• Supports targeted reforms to the
Federal Emergency Management
Agency (FEMA) designed to provide
faster access to funding, reduced
administrative burdens, predictable
procurement standards, expanded housing and sheltering options
aimed at easing displacement challenges, new funding and financing
opportunities for resilience projects,
CML Policy Statement 2026-2027

and greater transparency of FEMA’s
decision-making.

POLICE, FIRE & OTHER
PENSION & EMPLOYEE
BENEFITS
The League:
• Supports equitable levels of state
funding for volunteer firefighters’
pen­sions.
• Opposes mandates that increase
the cost of or create inequities
among municipal employee pensions,
workers’ compensation, or other
employee benefits.
• Opposes unfunded mandates
for public employee benefits or
other unreasonable burdens or
restrictions in connection with
the administration of municipal
employee benefit plans.
• Opposes mandated “Police
Officers Bill of Rights” interfering
with the management and budget
prerogatives of local governments.

POSTAL SERVICE
The League supports legislation and
administrative action by the United
States Postal Service requiring use of
mailing addresses and ZIP codes that
reflect the corporate boundaries of
cities and towns to eliminate confusion
among citizens and businesses and to
reinforce community identities.

PRIVATIZATION
The League supports the use of private16

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sector businesses to provide public
services when determined by municipal
officials to be in the public interest.

PUBLIC EMPLOYMENT
The League:
• Opposes efforts to interfere with a
municipality’s ability to determine
the terms and conditions of
municipal employment.
• Supports local decision-making
regarding employee organization,
collective bargaining, and career
service protections.
• Supports the ability of municipalities
to regulate public employee conduct
and the pursuit of appropriate
employee discipline in the public
interest.

PUBLIC LIABILITY
The League:
• Supports the availability of public
liability insurance at reasonable costs
and the ability of municipalities to
reduce such costs through self-insurance or other reasonable means.
• Supports reasonable federal
limitations on and reduction in
the liability for monetary damages
payable by public entities, public
employees, and elected officials in
suits brought under federal laws.
• Supports limitations on the lia­bility
of municipalities and their officers
and employees.
• Opposes efforts to expand the
liability of public entities and public
CML Policy Statement 2026-2027

employees, including unlimited or
expanded liability, indemnification
requirements, excessive mandatory
minimum penalties, and inequitable
attorney fee shifting provisions

PURCHASING
The League supports the authority
of municipal officials to determine
local purchasing and contracting
procedures.

RECORDS
The League:
• Supports transparent recordkeeping practices and the right of
municipal governments to keep and
maintain their own records.  
• Opposes undue burdens placed
upon municipalities to report or
provide municipal records to
the public, state, or federal
government.  
• Supports the authority of municipalities to charge research and retrieval
fees for open records requests.
• Supports the authority of municipalities to establish reasonable regulations for open records requests.

SUBSTANCE USE DISORDER
The League:
• Supports state funding for local
treatment, prevention, diversion, and
recovery programs to address impacts of the substance use disorder,
mental health, behavioral health, and
opioid epidemic in Colorado.
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• Supports the attorney general’s
authority for opioid settlement
funding distribution.

SUSTAINABILITY  
The League:
• Supports the concept of
sustainability and sustainable
solutions that meet the needs of
the present population without
compromising the ability of future
generations to meet their needs.
• Supports state and local partnerships
and resources to improve waste
diversion and recycling programs
across the state in a manner that
respects local control.
• Opposes state preemption of local
government authority to adopt environmental ordinances that are more
protective than state standards.
• Opposes state sustainability
mandates that impose costs on or
shift costs to municipalities.

TELECOMMUNICATIONS
The League:
• Supports the retention of municipal
regulatory authority over cable
television systems.
• Supports affordable access by all municipalities to redundant high-speed
broadband, telecommunication, and
information services.
• Supports options to level the playing
field for smaller broadband and
telecommunications providers to
compete throughout Colorado.
CML Policy Statement 2026-2027

• Supports federal and state
resources for the development
of broadband infrastructure in
unserved and underserved areas
and enhanced service in all
service areas.
• Opposes federal or state restrictions
on local control of munic­ipal rightsof-way.
• Opposes federal or state
restrictions on the authority of local
governments to develop or acquire
their own broadband or telecom­
munications infrastructure.
• Opposes federal or state restrictions
on municipal franchising, regulatory,
and taxing authority over
telecommunications systems.
• Opposes federal or state restrictions
or mandates on local permitting of
telecommunications facilities.

TRANSPORTATION &
TRANSIT
The League:
• Supports a comprehensive statewide
solution that solves Colorado’s longterm transportation challenges at every
level of government and provides a
sustainable revenue source that meets
the needs of Colorado citizens today
as well as future generations, including
funding to assist local governments to
improve air quality.
• Supports increased funds to finance
pres­sing surface trans­p ortation
needs with an equitable portion of
new revenues returned to cities and
towns.
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• Supports funding for vulnerable road
user projects to support walkable
and bikeable neighborhoods.
• Supports the Colorado Department
of Transportation (CDOT)
assumption of street lighting and
general maintenance costs on state
highways within municipalities.
• Supports clarification that federal
railroad laws do not preempt local
governmental authority to protect
the safety and environment of
citizens.
• Supports preservation of the federal
funding guarantees for transportation and proportional allocation of
all federal transportation taxes and
funds for their intended transportation purposes.
• Supports efforts to improve
commercial and general aviation
throughout Colorado.
• Supports legislation that enables and
encourages autonomous vehicles
that are clean-fueled and safe,
while preserving local control over
regulation and local implementation.
• Encourages a balanced state
transportation policy that
addresses the need to maintain and
expand alternative transportation
modes and public infrastructure
adjoining roadways and rights-ofway, and demand management
options to improve Colorado’s
transportation system by
supporting:
U Close cooperation among
CDOT, counties, municipalities,
and interested stakeholders in
CML Policy Statement 2026-2027

improving Colorado’s multi-modal
transportation system.

of concern around the state to
municipalities.

U Preservation of the constitutional
requirement that highway user
revenues be used for the construction, maintenance and supervision of the public highways of the
state, comprising all modes includ
ing, but not limited to, facilities for air,
transit, bicycle, and pedestrian travel.

• Supports participation in statewide
discussions of water use and
distribution.

U Greater flexibility and increased
revenues for multi-modal
transportation systems.
U Fair and equitable funding for the
development and implementation
of electric vehicle infrastructure
across the state.
• Opposes additional “off-the-top”
diversions from the Highway Users
Tax Fund.

WATER
The League:
• Supports water policies that protect
Colorado water resources.
• Supports the constitutional doctrine
of prior appropriation and the
constitutional priority given to
domestic water use.
• Supports the inventorying and
pro­tection by municipalities of their
water rights.
• Supports appropriate water conser­
vation efforts and sustain­able water
resource management practices by
all users.
• Supports efforts to increase
knowledge of water-related issues
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• Supports appropriate coordination of
municipal water use with other uses
including agricul­ture, mineral resource
development, energy development,
recreation, and open space.
• Supports federal and state financial
aid programs assisting municipalities,
including recognition of the special
needs of small­er municipalities, with
the construction and improvement
of water systems to protect water
quality and to comply with federal
and state mandates.
• Supports continued federal and state
funding for wastewater treatment
and drinking water facilities to
reduce local costs and expedite con­
struction of necessary treatment and
collection facili­ties.
• Supports stakeholder input and
involvement in developing laws and
regulations related to water and
wastewater issues.
• Encourages on-going communication
by federal land manag­ers with affected municipalities regarding the leasing
of federal lands that might impact
local land use and environmental policies including, but not limited to, local
watershed ordinances.
• Supports continued and additional
funding for the Colorado Water Plan
and programs to implement its goals.
CML Policy Statement 2026-2027

YOUTH
The League:
• Supports municipal and other efforts
to address youth issues and needs.
• Recognizes the influence that
parents in partnership with nonprofit
and religious organizations, local
businesses, and other governmental
jurisdictions have on the
development of youth.
• Encourages utilization by public
schools in cooperation with local
governments of League-published
or other civics curriculum to
educate students in state and local
government.

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CML Policy Statement 2026-2027

About

CML

Founded in 1923, CML is a nonprofit, nonpartisan organization that represents
and serves Colorado’s cities and towns. Of Colorado’s 273 Colorado cities and
towns, 270 are members of CML, representing more than 99% of the municipal
population in the state.
The Colorado Municipal League believes local problems are best resolved at
the local level and people are best served by a strong and responsive local
government.
The League’s core functions are advocacy, information, and training. CML
represents the interests of Colorado municipalities before the state and federal
governments and in the courts. The League employs a team of legislative and legal
advocates to ensure all municipalities are well-represented in the state capitol and
that the interests of cities and towns and their residents are protected through
participation in appellate court cases. CML also keeps a watchful eye on statewide
ballot issues and the work of state agencies.
More information about CML is available on our website, cml.org.

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CML Policy Statement 2026-2027

Empowered cities and towns,
united for a strong Colorado
1144 Sherman St. • Denver, CO • 80203
303 831 6411 / 866 578 0936
cml.org

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CML Policy Statement 2026-2027

ATTACHMENT 2

CML Policy Committee
October 16, 2026

Information Items
Elections: Electronic Ballot Return
Last session, SB26-119 would have allowed municipalities to opt-in to using electronic
ballot return methods for their statutory elections for all eligible voters, in addition to mail
in ballots and in person voting. The bill ultimately failed, and proponents are looking to
bring it back again next session. CML, the County Clerks Association, and the Special
District Association have all been part of the stake holding process throughout the interim.
In these discussions, CML has offered an alternative of allowing statutory elections to send
electronic ballots to voters who qualify under the Uniformed and Overseas Citizens
Absentee Voting Act (UOCAVA), similar to county coordinated elections.
Labor: Firefighter Cancer Benefits and Workers’ Compensation Presumption
The Colorado Professional Fire Fighters (CPFF) are expected to bring back legislation
strengthening the workers' compensation cancer presumption for firefighters, similar to
SB26-184, which Governor Polis vetoed. That bill would have expanded the types of cancer
presumed to be occupational diseases under workers' compensation and raised the
rebuttal standard from a preponderance of the evidence to clear and convincing evidence.
CML, the Special District Association, the Fire Chiefs, the Colorado Firefighter Cancer
Trust, and other stakeholders opposed the 2026 bill and have since met with CPFF to
discuss how to best address their concerns about providing needed care and protections
for firefighters diagnosed with cancer. CML staff will continue working with CPFF and other
stakeholders to find a solution that meets the needs of all parties.
Land Use & Utilities: Data Centers
Last session, two competing data center bills (HB26-1030 and SB26-102) failed in the final
days of session. For next session, multiple bills addressing data centers are expected:
1. One proposal could impose a statewide ban on data centers. This concept would
preempt a local government’s ability to approve a data center development.
2. Another bill, led by Sen. Kipp and Rep. Brown, would impose various environmental
requirements on data center developers. The bill would be similar to SB26-102 that
was supported by environmental groups. In the latest draft of this bill, local
governments would be prohibited from allowing data centers as a use-by-right and
would be required to hold a public hearing when considering approving a project.
Further, the bill draft requires a local government to consider a data center
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CML Policy Committee
October 16, 2026

developer’s cumulative impacts analysis for a proposed development in a
disproportionately impacted community. The draft also requires a local government
to enter into a community benefit agreement with a data center developer. From the
municipal-owned utility (MOU) perspective, there are concerns about protecting
MOU’s ability to set rates for customers and ensuring that interconnection is
prohibited.
3. A third proposal, led by developers with potential support from labor groups, would
provide model codes for local governments to permit data centers, potentially offer
incentives for development, and overall be friendlier to the industry while imposing
standards for utility and water use. This bill would be similar to HB26-1030,
although the scope of incentives may be less.
Pesticides: Treated Seeds
Last session, SB26-065 was introduced to prohibit the use of insecticide-treated seeds in
agriculture, and the bill ultimately failed. Proponents of the bill are looking to bring it back
for next session but may also include a prohibition on insecticide-treated seeds used for
landscaping, golf courses, turf and other ornamental plants. This could have a municipal
impact if communities use these types of seeds. Proponents are still determining if they
are going to include language prohibiting seeds used in non-agricultural settings.
Public Safety & Transportation: E-Bikes and E-Motos
At least two proposals are expected for next session to address the use of e-bikes by young
people and e-motos more broadly (e-bikes have motors that can typically go up to 20 – 28
mph, whereas e-motos can go anywhere from 30 – 100 mph at top speed). Currently, ebikes in Colorado are treated as bicycles while e-motos are not defined in state statute.
Bicycle Colorado plans to run legislation to specifically address e-motos, requiring
licensure, registration, and insurance to operate. The Children’s Hospital Association
plans to bring a bill that focuses on safety components for e-bikes, e-scooters, etc. The bill
would establish statewide minimum age requirements for using e-bikes (16 years old) and
a helmet requirement for children under 18 for e-bikes, e-scooters, and non-motorized
bikes. Both legislative concepts intend to include an educational component, and both are
still working out details around enforcement.
Public Safety: Automated License Plate Reader (ALPR) Technology
CML expects between one and three bills related to ALPR technology. Sen. Amabile plans
to introduce a similar version of SB26-070 that includes mandatory disciplinary policies
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CML Policy Committee
October 16, 2026

that intrude on home rule municipalities’ employment matters, prescriptive auditing,
logging, and reporting requirements that amount to an unfunded mandate, and provisions
that treat AVIS (automated vehicle identification system) and ALPR technology the same.
Sen. Marchman is considering a separate proposal that would create a new private right of
action with uncapped damages and attorney fee awards, as well as annual fees of up to
$15,000 for local governments operating ALPR cameras. There may be other bills on this
topic introduced by the law enforcement community.
Public Safety: Body Worn Cameras
CML expects at least two bills to come from the sponsors of SB26-190 relating to officerinvolved shootings resulting in death. One bill could mandate Citizen Oversight Boards and
an Independent Monitor in every town and city. The other bill is expected to include new
mandates related to timelines of release of information to families of individuals involved
in officer-involved shootings resulting in death.
Records: Colorado Open Record Act (CORA)
There have been two CORA bills in the last two sessions that would have made broad
changes to CORA and deadlines. SB24-077 would have extended the time to respond to
CORA requests from 3 to 5 days and would have allowed 30 days to respond to pecuniary
gains requests with an exemption for media (pecuniary gains refers to using public or
criminal justice records for the direct solicitation of business for financial or economic
profit). That bill was vetoed by the Governor. Last session, SB26-107 also would have
extended the time to respond to CORA requests from 3 to 5 days but would have allowed
for a free hour for every day late a response was. That bill did not have an exemption for
media and would not have allowed for extra time for pecuniary gains requests. SB26-107
ultimately failed. The Special District Association is considering running legislation that
would focus on pecuniary gains requests and allow for up to 30 days to respond to such
requests. The bill would also allow for requests made by the same person within a 14-day
period to be combined and answered as one request.
Taxation and Fees: County Excise Tax
Rep. Joseph, with support from some counties, is considering legislation to give counties
excise tax authority. As drafted, the bill would extend that authority into incorporated
areas. CML has raised concerns about applying a county tax within incorporated areas and
asked that, if the bill moves forward, that language be revised to exclude incorporated
areas. CML has also asked that the same authority be extended to statutory municipalities,
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CML Policy Committee
October 16, 2026

largely as a matter of parity — home rule municipalities already have this authority, and
counties would gain it under this proposal.
Transportation: Road Transportation Funding
Following the withdrawal of ballot initiative 175, Rep. Boesenecker will bring forward two
bills as part of a deal with the proponents of initiative 175. That ballot initiative would have
required that state sales and use tax, excise taxes, and fees on motor vehicles and fuels,
as well as two-thirds of state sales and use tax revenue collected on motor vehicle parts
and accessories, be spent on construction and maintenance of public roads and related
costs. As part of a deal with proponents of the initiative, one of the bills Rep. Boesenecker
is running will create $125M in new fee revenue that will be dedicated to road
transportation and surface improvements. The other bill will be a referred measure
(possibly to increase certain taxes and/or authorize new bonding authority for additional
road transportation funding). Both measures are intended to provide revenue that would
have been dedicated to road transportation maintenance and improvements had initiative
175 passed.

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ATTACHMENT 3

Legislative Policy Priorities
The Colorado Association of Ski Towns (CAST) supports legislative actions that enhance and
protect our pristine environment, reduce or mitigate impacts of a changing climate, support our
local economies, ensure an exceptional quality of life for community members, and provide a
positive experience for visitors. CAST will utilize the power of the coalition to seek support for
legislation that will benefit and sustain mountain communities.
CAST members are well represented by the Colorado Municipal League (CML) on legislative affairs.
CAST will engage in state level advocacy if a CAST position differs from CML, if CML is not engaged
on the issue, or if the issue is of such significance to warrant direct engagement. CAST also maintains
positive working relationships with Colorado Counties Inc. (CCI), Counties and Commissioners Acting
Together (CCAT) and Colorado Communities for Climate Action (CC4CA) who all lobby on issues of
interest to CAST members. CAST will maintain relationships with Congressional representatives and
engage in federal legislation on an as-needed basis.
Housing
The lack of affordable housing for employees in Colorado mountain resort communities has reached a
crisis level which is directly impacting the provision of basic services as well as the ability to adequately
staff and operate all businesses, from ski resort companies to locally based small businesses. The
Colorado Association of Ski Towns:
• Supports targeted legislation to provide increased financial resources for Colorado mountain
communities to address housing needs.
• Supports broadening the use of local marketing district and lodging tax revenues by statutory
counties and municipalities to include expenditures for local workforce housing purposes.
• Supports legislation to specifically authorize statutory counties and municipalities to refer Short
Term Rental taxes to the voters with the proceeds of such revenues to be dedicated to local
workforce housing and associated public infrastructure improvements.
• Supports legislation that would increase AMI thresholds for state and federal funding for local
workforce housing purposes up to 150% for rental housing and 200% for ownership housing.
• Supports modifying TABOR to improve flexibility and restore the right of voters to determine the local
tax strategies that work best for them.
• Supports increasing affordable workforce housing availability through public/private efforts,
increased financial assistance from the federal and state government, and preservation/revitalization
of existing neighborhoods.
• Supports affordable housing that provides residents with multi-modal access to school, work, retail,
and community services.
• Oppose any effort to remove or restrict local government tools, such as deed restrictions or local
funding measures, which promote and preserve affordable housing.

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ATTACHMENT 3

Transportation
Mobility is a key issue in sustaining mountain quality of life. The Colorado Association of Ski Towns:
• Supports an equitable approach to transportation funding and revenue allocation among Front
Range, Western Slope, and mountain communities.
• Supports cooperative planning and funding flexibility of transportation solutions among federal,
state and local agencies that enhance multi-modal options, protect air quality, encourage responsible
land use practices, preserve the environment and support economic viability.
• Supports the current statewide representation on the Colorado Transportation Commission and
opposes efforts to change the configuration of the Commission or bypass the Commission process.
• Supports efforts to increase and enhance air carrier service in Colorado’s mountain resort areas.
Climate
Colorado mountain communities are facing climate change impacts and extreme events including
shortened ski seasons, significant flood events, increased wildfires, droughts, and bark beetle
infestations. The Colorado Association of Ski Towns:
• Generally, supports the positions taken by Colorado Communities for Climate Action (CC4CA).
• Supports state and federal policies and actions that will slow climate change and improve Colorado
mountain towns’ abilities to adapt to climate change impacts and mitigate economic and
environmental threats exacerbated by climate change.
Destination Management
As popularity and visitor numbers to Colorado mountain resorts continue to increase, communities must
adapt to accommodating and welcoming more people while mitigating negative impacts on residents’
quality of life and the surrounding natural resources. The Colorado Association of Ski Towns:
• Supports providing visitor services, amenities and information that supports local communities,
community values and residents’ quality of life.
• Is a partner in the Colorado Tourism Office’s Care for Colorado campaign and will consider
similar partnerships in the future.
• Supports State legislation that will allow greater flexibility for use of Local Marketing District
taxes to address impacts of tourism.
• Supports opportunities for partnerships with state and federal land management agencies to
manage public lands and visitor impacts.
• Supports efforts that enable National Forests to retain a portion of the fees paid by ski areas
operating within their boundaries to invest in infrastructure and recreation management.
Land Use/Development
Infrastructure requirements, transportation alternatives, environmental protection, social equity, climate
policy and destination management increasingly demand regional solutions, especially in resort areas
where there are many overlapping jurisdictions. In addition, it is recognized that federally managed
public lands and outdoor recreation are significant contributors to the economy of Colorado’s mountain
towns. The Colorado Association of Ski Towns:
• Supports regional intergovernmental cooperation in coordinating land use, transportation, housing,
and economic development.
• Supports collaborative dialogue and land use solutions with state and federal government while
strongly deferring to local government control. Opposes state or federal restrictions on the ability of
local jurisdictions to determine and act in their best interest on local issues.

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ATTACHMENT 3

•

•

Supports conservation of open space, natural resource areas, agricultural lands and appropriate
public access using incentive-based tools including, but not limited to conservation easements,
clustered development, purchase of development rights (PDR), and transfer of development rights
(TDR).
Opposes any large-scale disposition of federal lands

Fiscal Policy
The Colorado Association of Ski Towns:
• Supports enabling legislation to allow municipalities increased local option taxation alternatives.
• Supports modifying TABOR to improve flexibility and restore the right of voters to determine the
local tax strategies that work best for them.
• Supports enabling local governments to work cooperatively to balance the impacts of growth
between and among jurisdictions with the support of the State.
• Opposes permanent tax reductions without replacement revenues to allow government to adequately
address short- and long-term responsibilities.
Water
CAST supports the protection of local governments’ authority to protect water resources. The Colorado
Association of Ski Towns:
• Supports the right of local governments to file to acquire water rights for recreational in-channel
diversions through the established water court process.
• Opposes attempts to redefine or reclassify recreational water rights as a second class right.
• Supports cooperative efforts to address long-term drought in the American West and related
environmental impacts affecting mountain resort communities.

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ATTACHMENT 4

2027 LEGISLATIVE PRIORITIES
REVENUE GENERATING MEASURES TO SUPPORT COMMUNITY HOUSING
CAST supports legislative measures that provide additional financial tools for Colorado mountain
communities to address local and regional housing needs. Measures that increase or create new
revenue to support affordable community housing include tools such as lodging tax, short term
rental tax, real estate transfer fee, and empty homes tax. CAST supports enabling legislation that
gives express authority for a community to pursue such a tool if appropriate for that community.
HOME ACT (HB26-1001) ADJUSTMENTS
CAST will continue to collaborate with the Governor’s Office and the Department of Local Affairs
(DOLA) to advocate for adjustments to the Home Act. CAST supports amending the Act to include
affordability requirements for housing units developed under the Act. CAST would like to explore
how communities can be involved in determining which nonprofit entities qualify under the Home
Act.
PROPOSITION 123 ADJUSTMENTS
CAST will continue to collaborate with the Governor’s Office and the Department of Local Affairs
(DOLA) to advocate for refining Proposition 123 to ensure it is an effective tool for resort and
mountain communities. CAST supports adjustments to several areas including baseline calculations,
AMI requirements, the ability to bank units, and incentives for preservation.
CAST TO WORK WITH PARTNER ORGANIZATIONS: In supporting this position statement, CAST
members support CAST seeking to work with the Colorado Municipal League; Colorado Counties,
Inc.; Counties and Commissioners Acting Together; and any other organizations who support these
proposals.
CONTACT INFORMATION: For more information please contact, Margaret Bowes, Executive Director, Colorado Association of Ski
Towns, [email protected]

Approved 10.15.2026

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