HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 10/07/2024
Fort Collins City Council Agenda
Regular Meeting
6:00 p.m., Tuesday, October 1, 2024
City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
Se dispone de interpretación en español para esta reunion.
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Upon request, the City of Fort Collins will provide language access services for individuals who have
limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access
City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for
assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by
noon the day before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que
no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para
que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo. Las
solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
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City of Fort Collins Page 1 of 6 City Council Summary Agenda
City Council
Regular Meeting Agenda
October 1, 2024 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Melanie Potyondy, District 4
Kelly Ohlson, District 5
City Council Chambers
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Delynn Coldiron
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring October 9th as The Hand That Feeds Day.
PP 2. Declaring October as Fire Prevention Week.
PP 3. Declaring October as Conflict Resolution Month.
PP 4. Declaring National Disability Employment Awareness Month.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
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City of Fort Collins Page 2 of 6
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
• Each speaker will be allowed to speak one time during public comment. If a speaker comments
on a particular agenda item during general public comment, that speaker will not also be entitled
to speak during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in
person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state their name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain
and will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the City's Development Review Center page at https://www.fcgov.com/developmentreview, or
contact the Development Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Consideration and Approval of the Minutes of the September 17, 2024, Regular Meeting.
The purpose of this item is to approve the minutes of the September 17, 2024, regular meeting.
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City of Fort Collins Page 3 of 6
2. Items Pertaining to the Annual Adjustment Ordinance.
A. Second Reading of Ordinance No. 134, 2024, Making Supplemental Appropriations
in Various City Funds.
B. Second Reading of Ordinance No. 135, 2024, Appropriating Prior Year Reserves in
Various City Funds.
C. Second Reading of Ordinance No. 136, 2024, Authorizing Transfers of Appropriations
in Various City Funds.
D. Second Reading of Ordinance No. 137, 2024, Authorizing Transfer of Appropriations
for the Fossil Creek Trail Spur Project.
These Ordinances, unanimously adopted on First Reading on September 17, 2024,
appropriate additional revenues for prior year reserves that need to be appropriated
before the end of the year to cover related expenses that were not anticipated, and
therefore, not included in the 2024 annual budget appropriation. The additional revenue
is primarily from fees, charges for service, rents, contributions, donations, and grants tha t
have been paid to City departments to offset specific expenses.
3. Second Reading of Ordinance No. 138, 2024, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for the Parks Department Designated Toward
Improvements at Veterans Plaza of NoCo, Spring Canyon Community Park.
This Ordinance, unanimously adopted on First Reading on September 17, 2024, requests an
appropriation of $25,050 in philanthropic revenue received by City Give to be used for
improvements at the Veterans Plaza in Spring Canyon Community Park.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
4. First Reading of Ordinance No. 139, 2024, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Safe Routes to School Zach Elementary
School Crossings Project and Related Art in Public Places.
The purpose of this item is to provide supplemental appropriations to the Safe Routes to School
(SRTS) Zach Elementary School Crossings Project (Project). If approved this item will
appropriate:
1. $176,760 from Transportation Capital Expansion Fee (TCEF) reserves to the Project;
2. $277,750 from Transportation Services Fund reserves to the Project;
3. $4,410 (0.8% of TCEF and Transportation Services Fund reserves contribution) from TCEF
reserves ($1,750) and Transportation Services Fund reserves ($2,660) to the Art in Public Places
(APP) program;
4. $90 (0.2% of TCEF and Transportation Services Funds contribution) for maintenance of art
from the Transportation Services Fund reserves to the APP program.
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City of Fort Collins Page 4 of 6
5. First Reading of Ordinance No. 140, 2024, Making Supplemental Appropriations from the
State of Colorado for the Universal Pre-School Program at the Northside Aztlan
Community Center.
The purpose of this item is to consider an appropriation of unanticipated revenue of $30,469 from
the State of Colorado in 2024 to help fund the Universal Pre-school (UPK) program at the
Northside Aztlan Community Center through the Recreation Fund.
6. Items Relating to the US 287 and Triangle Drive Signal Installation Project.
A. Resolution 2024-120 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins, Colorado, and the Colorado Department of Transportation for the US 287
and Triangle Drive Signal Installation Project.
B. First Reading of Ordinance No. 141, 2024, Appropriating Revenue from a Funding
Advancements for Surface Transportation and Economic Recovery Grant and the Colorado
Department of Transportation Americans with Disabilities Act Grant and Appropriating Prior Year
Reserves and Authorizing Transfers for the US 287 and Triangle Drive Signal Installation Project
and Related Art in Public Places.
The purpose of this item is to receive award grant funds and provide appropriations to the US 287
and Triangle Drive Signal Installation Project (Project). If approved this item will:
1. Authorize the Mayor to execute an intergovernmental agreement (IGA) for the Project with the
Colorado Department of Transportation (CDOT);
2. Receive and appropriate $682,211 in Funding Advancements for Surface Transportation and
Economic Recovery (FASTER) funds to the Project;
3. Receive and appropriate $183,843 in CDOT Americans with Disabilities Act (ADA) funds;
4. Appropriate $688,897 from Transportation Capital Expansion Fee (TCEF) reserves to the
Project;
5. Appropriate $6,686 (0.8% of TCEF contribution) from TCEF reserves to the Art in Public Places
(APP) program;
6. Appropriate (0.2% of TCEF contribution) for maintenance of art from the Tr ansportation
Services Fund reserves to the APP program.
The funds will be used to design and install a new traffic signal as well as bicycle and pedestrian
improvements connecting Triangle Drive to the northeast towards the Lakeview on the Rise
development. There is severe crash history at this intersection and in 2023 CDOT committed
FASTER funding to the City for signal improvements. CDOT has also committed funding for
pedestrian improvements to bring the intersection into compliance with ADA requirements.
7. Resolution 2024-121 Ratifying the Appointment of Rick Rivera to the Poudre River Public
Library District Board of Trustees.
The purpose of this item is to fill an existing vacancy on the Poudre River Public Library District
Board of Trustees.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
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City of Fort Collins Page 5 of 6
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by
staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. The timer will buzz when there are 30 seconds left and the light will
turn yellow. It will buzz again at the end of the speaker’s time.
8. Public Hearing #2 on the 2025-26 Recommended Budget for the City of Fort Collins.
This is the second public hearing on the City Manager’s 2025-26 Recommended Budget for the
City of Fort Collins. The purpose of this public hearing is to gather public input on the 2025-26
budget. Both hearings were set by Council adoption of Resolution 2024-116 at its September 3,
2024, meeting. The City Manager’s 2025-26 Recommended Budget can be reviewed at the City
Clerk’s Office by appointment only and online at fcgov.com/budget.
Spanish interpretation will be available at all 2025-2026 budget related meetings.
9. College and Trilby Multifamily Community Development Plan Appeal.
The purpose of this quasi-judicial item is to consider an appeal of the Administrative Hearing
Officer’s decision on August 6, 2024, approving the College and Trilby Multifamily Community
Project Development Plan (PDP) #PDP220009.
The Appellants filed a Notice of Appeal on August 20, 2024, alleging:
The Hearing Officer failed to properly interpret and apply relevant provisions of the City
Code, Land Use Code, and Charter. The appeal alleges that the Larimer County Urban
Area Street Standards and the City’s Transportation Master Plan were not properly interpreted
and applied.
Neither of these two documents is specifically discussed anywhere in the record, however
several Land Use Code Sections invoke the Larimer County Urban Area Street Standards by
reference; and a standard in that document mentions the Transportation Master Plan.
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City of Fort Collins Page 6 of 6
Thus, the Staff Report in the record may be considered to incorporate the two documents into
the record indirectly because it includes findings on a Land Use Code Section that invokes
the street standards.
P) COUNCILMEMBER REPORTS
Q) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
R) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may,
at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of
considering additional items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been
considered by the Council, will be deemed continued to the next regular Council meeting, unless Council
determines otherwise.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.
Page 6
File Attachments for Item:
PP 1. Declaring October 9th as The Hand That Feeds Day.
Page 7
PROCLAMATION
WHEREAS, the sugar beet industry has played a significant role in the agricultural history
of Colorado, particularly in the twentieth century, when it became the most important agricultural
activity in the state; and
WHEREAS, area farmers relied on sugar beets as a vital cash crop, necessitating the labor
of thousands of nonunionized fieldworkers to meet the demands of each harvest; and
WHEREAS, the successful cultivation of sugar beets required intense labor, leading
farmers and sugar companies to actively recruit Mexican and Chicano workers, who became an
integral part of the agricultural workforce in Colorado; and
WHEREAS, by the late 1920s, the sugar beet industry had become the largest employer
of Hispanics in Colorado, with these individuals performing essential, yet often overlooked, labor
that contributed significantly to the prosperity of the industry; and
WHEREAS, the hard work and dedication of these laborers, including families of all ages,
who toiled from sunup to sundown, were instrumental in establishing Colorado as the largest
sugar-producing state in the United States by 1909; and
WHEREAS, the use of the short-handled hoe, a standard tool in sugar beet cultivation,
became a symbol of the exploitative working conditions faced by agricultural laborers, leading to
long-term physical consequences for many; and
WHEREAS, the efforts of organizations such as the United Farm Workers have brought
attention to these injustices, culminating in the outlawing of the short-handled hoe in 1975 and it
is essential to honor and recognize the contributions of ALL those who labored in the sugar beet
fields, acknowledging their vital role in shaping Colorado’s agricultural landscape and history.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim October 9th as
THE HAND THAT FEEDS DAY
in recognition of the invaluable contributions of ALL agricultural laborers in the sugar beet
industry and to honor their legacy of hard work, resilience, and determination. I encourage all
residents of Fort Collins to reflect on the history of agricultural labor in our community and to
celebrate the contributions of those who have worked tirelessly to feed our state and nation.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 1st day of October 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 8
Item PP 1.
File Attachments for Item:
PP 2. Declaring October as Fire Prevention Week.
Page 9
PROCLAMATION
WHEREAS, Fire Prevention Week is October 6 - 12, 2024 and the theme is, “Smoke
alarms: make them work for you!” and
WHEREAS, this year’s focus on working smoke alarms is in response to National Fire
Protection Association (NFPA) data, which shows that the majority of U.S. home fire deaths
continue to occur in homes with no smoke alarms or no working smoke alarms; and
WHEREAS, having working smoke alarms reduces the risk of dying in a home fire by
54 percent; and
WHEREAS, roughly three out of five fire deaths occur in homes with either no smoke
alarms or no working smoke alarms; and
WHEREAS, Poudre Fire Authority (PFA) recently responded to a fire in which a man
died in a home with no working smoke alarms; and
WHEREAS, PFA prioritizes fire prevention through outreach, education, the International
Fire Code, and smoke alarm installation events and support. Local firefighters are asking for our
help keeping families and the community safe. Be sure to:
Install smoke alarms in every bedroom, outside each separate sleeping area (like a hallway),
and on each level (including the basement) of a home.
Make sure smoke alarms meet the needs of all people in the home, including those with
sensory or physical disabilities.
Test smoke alarms at least once a month by pushing the test button.
Replace all smoke alarms when they are 10 years old or fail testing – even hardwired alarms
need to be replaced because the sensors expire.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim
October 6 - 12, 2024, as
FIRE PREVENTION WEEK
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 1st day of October 2024.
__________________________________
Mayor
ATTEST:
________________________________
City Clerk
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Item PP 2.
File Attachments for Item:
PP 3. Declaring October as Conflict Resolution Month.
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PROCLAMATION
WHEREAS, the month of October is celebrated across the State of Colorado as Conflict
Resolution Month,
WHEREAS, the City of Fort Collins, in conjunction with other local entities, is
recognizing this celebration; and
WHEREAS, conflict resolution encompasses mediation, restorative practices, conflict
transformation, facilitation, collaborative decision-making, and other respectful responses to
differences, and
WHEREAS, conflict transformation processes empower individuals, families,
communities, neighborhoods, organizations, schools, and businesses to foster communication and
devise solutions that are acceptable to the needs and interests of all parties involved; and
WHEREAS, the City of Fort Collins provides conflict transformation services to the
community through Mediation & Restorative Justice Services, which has changed its name to
Conflict Transformation Works; and
WHEREAS, community-based programs fairly and equitably transform neighborhood
and community conflicts, thereby repairing, creating, and strengthening relationships; and
WHEREAS, I, along with the entire City Council, encourage Fort Collins residents to seek
peaceful and collaborative ways to transform conflicts and hence contribute to creating an
exceptional community that everyone can call home.
NOW, THEREFORE, I, Jenny Arndt, Mayor of the City of Fort Collins, do hereby
proclaim October 2024 as
CONFLICT RESOLUTION MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 1st day of October, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 12
Item PP 3.
File Attachments for Item:
PP 4. Declaring National Disability Employment Awareness Month.
Page 13
PROCLAMATION
WHEREAS, October 2024 marks the 79th anniversary of the National Disability
Employment Awareness Month (NDEAM); and
WHEREAS, the purpose of National Disability Employment Month is to educate about
disability employment issues and celebrate the many and varied contributions of America’s
workers with disabilities; and
WHEREAS, the history of NDEAM traces back to 1945, when it started as a week and
focused only on people with physical disabilities. Later it expanded to a full month, and its name
and scope evolved to acknowledge the importance of increasing the workforce inclusion of people
with all nature of disabilities; and
WHEREAS, the official them for this year is “Access to Good Jobs for All”.
WHEREAS, workplaces welcoming of the talents of all people, including people with
disabilities, are a critical part of our efforts to build an inclusive community and strong economy;
and
WHEREAS, activities during this month will reinforce the value and talent people with
disabilities add to our workplaces and communities and affirm City of Fort Collins’ commitment
to an inclusive community that advances access and equity for all, including individuals with
disabilities.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby declare
October 2024, as
NATIONAL DISABILITY EMPLOYMENT
AWARENESS MONTH
and call upon employers, schools, and other community organizations in Fort Collins, to take steps
throughout the year to recruit, hire, retain, and advance individuals with disabilities and work to
pursue the goals of opportunity, full participation, economic self-sufficiency, and independent
living for people with disabilities.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 1st day of October, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 14
Item PP 4.
File Attachments for Item:
1. Consideration and Approval of the Minutes of the September 17, 2024, Regular
Meeting.
The purpose of this item is to approve the minutes of the September 17, 2024, regular meeting.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
October 1, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the September 17, 2024, Regular Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the September 17, 2024, regular meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, September 17, 2024
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Item 1.
City of Fort Collins Page 518 City Council Proceedings
September 17, 2024
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PROCLAMATIONS AND PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the Week of September 15-21 as Fort Collins Co-Responders Week.
PP 2. Declaring the Week of September 17-23 as Constitution Week.
PP 3. Declaring the Week Leading up to the Games on Saturday, September 27, 2024 as
Canvas Community Classic Week.
PP 4. Declaring the Month of September 2024 as National Preparedness Month.
Mayor Jeni Arndt presented the above proclamations at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom
platform.
C) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
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Item 1.
City of Fort Collins Page 519 City Council Proceedings
E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
Public hearing on the 2025-2026 recommended budget; and
Item approving the second amended and restated Intergovernmental Agreement between the
City of Fort Collins and Poudre Fire Authority.
Spanish interpretation is available.
F) COMMUNITY REPORTS
None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Each person was given three minutes to speak.
Kevin Cross, Fort Collins Sustainability Group, discussed global warming and expressed concern Fort
Collins will miss its 2026 and 2030 climate pollution reduction goals. Cross stated we should not be
complacent about projected shortfalls and stated it is important to fund the budget offers
recommended by the City Manager as well as the five other climate-related offers that were not
recommended.
Barbara Krupnik-Goldman opposed the proposed PRPA methane gas turbine plant and requested
Council adopt a resolution requiring independent third-party review of the plan. Krupnik-Goldman
asked if existing gas turbines will be shut down or whether they alone offer enough insurance for dark
and windless days. Additionally, Krupnik-Goldman stated the climate crisis is not the same thing as
climate change.
Doug Henderson, Sierra Club, opposed the proposed PRPA methane gas turbine plant and stated
PRPA is falling behind many other utilities in transitioning to clean energy. Henderson reminded
Council of its goal of 100% clean energy by 2030, which was also set by PRPA at that time, though
PRPA has consistently resisted meeting the goal, underinvested in clean energy, and refused public
transparency about critical assumptions in its modeling. Henderson encouraged Council to require
an independent third-party review to determine whether the proposed gas plant is needed.
Elizabeth Hudetz commented on damaging rains in central Europe and fires northeast of us noting
these are examples of climate chaos. Hudetz opposed the proposed PRPA methane gas turbine
plant stating it will feed the climate chaos. Hudetz requested Council require an independent third-
party review of the proposal.
Dolores Williams opposed the proposed PRPA methane gas turbine plant and shared examples of
various weather events that are occurring due to climate change. Williams expressed concern
insurance coverage will begin to be eliminated and urged Council to require PRPA to move forward
with renewable energy sources.
Fred Kirsch opposed the proposed PRPA methane gas turbine plant and shared concerns about the
engineer who resigned from PRPA, which Kirsch stated was even more of a reason for requiring a
third-party review.
Kimberly Connor shared videos related to the Israel/Palestine conflict and urged Council to call for a
cease fire and arms embargo.
Anna Lai expressed support for Resolution 2024-118 related to alternative sentencing for Municipal
Court and shared benefits of these programs versus incarceration. Lai stated these programs will
help eliminate social stigma and recidivism and praised Fort Collins use of the innovative approach.
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Item 1.
City of Fort Collins Page 520 City Council Proceedings
Ed Behan, Larimer Alliance for Health, Safety, and the Environment, opposed the proposed PRPA
methane gas turbine plant and expressed skepticism that the plant would remain idle unless needed
during dark calm periods. Additionally, Behan stated PRPA is last among Colorado power utilities in
establishing a truly renewable energy resource for its member communities at a time when air quality
in our region remains some of the least healthy in the state. Behan urged Council to require a third-
party review of the Integrated Resource Plan.
Colin Gerety stated the City’s goals to reduce vehicle miles traveled have generally failed primarily
due to poor road design that encourages speeding and ensures the community will always be auto
dependent. Gerety suggested Council should pass an ordinance requiring a reduction in lane width
and having no more than one lane in each direction.
Amy Hoeven noted she serves on the Citizen Review Board but was speaking for herself. Hoeven
thanked Council for its ongoing support of the immigration and eviction legal funds and shared
information about DACA and work authorization students being supported by the assistance. Hoeven
stated financial stability is vital in keeping families and communities secure, healthy, and self -
sufficient. Hoeven urged Council to continue to support the funds in the upcoming budget.
Sam Killmeyer opposed the proposed PRPA methane gas turbine plant and associated rate increases
for a plant that will worsen air quality and contribute to climate change. Killmeyer urged Council to
require a third-party review of the Integrated Resource Plan and stated PRPA is the poorest performer
in the state in adopting clean energy plans.
Debbie Mayer, Colorado Poverty Law Project, spoke in support of the eviction and immigration legal
funds and discussed the work her organization has been able to complete with support from the funds
to help get ahead of evictions. Mayer urged Council to continue to support the funds in the upcoming
budget.
River Heide, Colorado Poverty Law Project, spoke in support of the eviction and immigration legal
funds and discussed the work her organization has been able to complete with support from the funds.
Heide urged Council to continue supporting the funds stating there is ongoing need for this type of
assistance.
Arpi Miller, ISAAC Northern Colorado, thanked Council for meeting with her and spoke in support of
the immigration and legal defense funds as well as other affordable housing initiatives that remain
unfunded. Miller stated that the budget seems out of sync with the values of the community and noted
48 leaders from 27 local non-profits signed on in favor of supporting the immigration and legal defense
funds and preserving equity funding in the budget.
Patricia Alvarez Harrell, Alianza NORCO, expressed support for the immigration and legal defense
funds and Council’s commitment to this segment of the community. Alvarez Harrell shared information
about eviction prevention and work that has been done with the legal defense fund. Alvarez Harrell
thanked Council for its efforts related to this work thus far and encouraged funding of the budget offers.
Michele Pullaro, citizen and downtown business owner, discussed issues with being targeted by
homeless and transient men and chronic criminal behavior in the downtown area. Pullaro suggested
the Public Nuisance Ordinance should be able to be used to address troubling behavior on public
property.
Adam Hirshhorn opposed activities that are occurring related to the Israel/Palestine conflict and asked
Councilmembers to raise their hands if they were ready to acknowledge various items in support of
Palestine.
Public comment concluded at 6:57 p.m.
H) PUBLIC COMMENT FOLLOW-UP
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City of Fort Collins Page 521 City Council Proceedings
Councilmember Potyondy noted that public comment is not an opportunity for dialogue with
Councilmembers. She thanked the speakers, particularly those from community non-profit
organizations.
Mayor Arndt provided a correction on an email she sent out related to submission of the PRPA
Integrated Resource Plan and read information related to the requirements and related modeling and
emission reductions.
Councilmember Ohlson noted he still supports a third-party review of the PRPA Integrated Resource
Plan and asked if it takes three or more Councilmembers to do this. City Attorney Daggett replied the
topic could be brought up under Other Business and would require the support of three
Councilmembers.
Councilmember Ohlson stated he would support the item if it were brought up under Other Business.
He also expressed appreciation for the comments offered by Colin Gerety regarding road design and
noted a new book is out related to road design and safety, entitled Killed by a Traffic Engineer by Wes
Marshall.
Councilmember Canonico discussed the Council priority related to advancing the 15-minute city by
accelerating the shift to active modes and requested an update from staff. City Manager DiMartino
stated many projects are underway and noted the City recently received a $1.7 million grant for active
modes projects and stated staff would follow up with additional detail.
Councilmember Pignataro thanked the student who spoke in support of the resolution on alternative
sentencing.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the August 20, 2024, and September 3, 2024,
Regular Meetings.
The purpose of this item is to approve the minutes of the August 20, 2024, and September 3,
2024, regular meetings.
Approved.
2. Second Reading of Ordinance No. 124, 2024, Appropriating Prior Year Reserves in the
General Fund and Authorizing Transfer of Appropriations to the Recreation Fund for the
Purchase of a Bus for Use by the Recreation Department’s Childcare Programs.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates
funds designated for childcare projects to purchase a full-size bus committed to Recreation
Department’s childcare programs.
Adopted on Second Reading.
3. Second Reading of Ordinance No. 125, 2024, Making Supplemental Appropriation from the
Colorado Auto Theft Prevention Authority Grant for the Fort Collins Police Services
Property Crimes Unit.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, supports the Fort
Collins Police Services’ Property Crimes Unit by appropriating $50,000 of unanticipated grant
revenue awarded by the Colorado State Patrol.
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City of Fort Collins Page 522 City Council Proceedings
In July 2024 the Colorado State Patrol awarded Fort Collins Police Services $50,000 in capacity
as a partner agency of the Beat Auto Theft Through Law Enforcement (BATTLE) Task Force. The
$50,000 award is under the BATTLE program’s FY25 cycle. These state funds will be used for
overtime pay for Fort Collins Police Services personnel to support multiagency and
multijurisdictional BATTLE operations to identify, interdict, investigate, enforce, and prosecute
motor vehicle theft-related crimes.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 126, 2024, Appropriating Prior Year Reserves in the
General Fund for the Grocery Tax Rebate Program.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates
$442,460 from General Fund reserves to fulfill the FY2024 Grocery Tax Rebate Program rebate
and personnel budget obligations.
Adopted on Second Reading.
5. Second Reading of Ordinance No. 127, 2024, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for Various Programs and Services as Designated by the
Donors.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates
$189,390 in philanthropic revenue received through City Give. These miscellaneous gifts to
various City departments support a variety of programs and services and are aligned with both
the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on Second Reading.
6. Second Reading of Ordinance No. 128, 2024, Amending the City Plan Structure Plan Map
in Conformance with the East Mulberry Plan Update.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, updates the
Structure Plan Map following the recommended Place Type changes outlined in the East Mulberry
Plan. The proposed changes encompass approximately 500 acres and reflect the changes
previously presented and discussed with the Planning and Zoning Commission leading up to the
adoption of the East Mulberry Plan in December 2023. Proposed changes are summarized in the
following sections of this report and do not deviate from what was included within the adopted
version of the 2023 East Mulberry Plan.
Adopted on Second Reading.
7. Second Reading of Ordinance No 129, 2024, Making Supplemental Appropriations and
Authorizing Transfers of Appropriations for the William Neal and Ziegler Intersection
Improvements Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Transportation Alternatives Program (“TAP”) funds and local funds
for the William Neal and Ziegler Intersection Improvements Project (the “Project”). The funds will
be used to design and install an at-grade bicycle and pedestrian crossing at the intersection of
William Neal Parkway and Ziegler Road. It is anticipated that a new at-grade crossing at this
intersection will provide a safe crossing point between the Rendezvous Trail and Rigden Farm to
the west and the Poudre River Trail extension and the future East Community Park to the east.
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If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$603,624 of TAP grant funds for the Project; 3) move previously appropriated matching funds
from the Sustainable Funding 2050 Tax and Community Capital Improvement Program (CCIP)
Bicycle Program for the Project; and 4) appropriate funds to the Art in Public Places (APP)
program.
Adopted on Second Reading.
8. Second Reading of Ordinance No. 130, 2024, Making Supplemental Appropriations of Prior
Year Reserves and Highway Safety Improvement Program Grant Funds and Authorizing
Transfers for the Signal Upgrades Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Highway Safety Improvement Program (“HSIP”) funds and local
funds for the Signal Upgrades Project (the “Project”). The funds will be used to enhance and
upgrade traffic signals at up to thirty-one locations throughout the City. It is anticipated that the
traffic signal upgrades will increase safety and reduce crashes and injuries at these locations.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriat e
$606,410 of HSIP grant funds for the Project; 3) appropriate matching funds from the
Transportation Services funds reserves, 4) move previously appropriated matching funds from
the Transportation Services fund for the Project; and 5) appropriate funds to the Art in Public
Places (“APP”) program.
Adopted on Second Reading.
9. Second Reading of Ordinance No. 131, 2024, Authorizing the Conveyance of Property
Rights Relating to the Acquisition of Property in the Loveland Community Separator.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, authorizes an
Intergovernmental Agreement (IGA) with Larimer County and the City of Loveland for the Prairie
Ridge Addition. The Project will conserve 142-acres in fee adjacent to Prairie Ridge Natural Area
in the Loveland Community Separator. The Ordinance will authorize the conveyance of a
conservation easement on the property and a farming lease over the Prairie Ridge property.
Adopted on Second Reading.
10. Second Reading of Ordinance No. 132, 2024, Making Supplemental Appropriations and
Authorizing Transfers of Appropriations for the Pedestrian Intersection Improvements
Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Highway Safety Improvement Program (“HSIP”) funds and local
funds for the Pedestrian Intersection Improvements Project (the “Project”). The funds will be used
to design and install pedestrian improvements at five locations. It is anticipated that these
improvements will improve bicycle and pedestrian safety by reducing crashes.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$1,250,326 of HSIP grant funds for the Project; 3) move previously appropriated matching funds
from the Community Capital Improvement Program (“CCIP”) Bicycle Program and Transportation
Services Fund for the Project; and 4) appropriate funds to the Art in Public Places (“APP”)
program.
Adopted on Second Reading.
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City of Fort Collins Page 524 City Council Proceedings
11. Second Reading of Ordinance No. 133, 2024, Making Supplemental Appropriations and
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the
Mulberry Street Traffic Signal Synchronization Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Congestion Mitigation and Air Quality (“CMAQ”) Improvement
Program funds and local funds for the Mulberry Street Traffic Signal Synchronization Project (the
“Project”). The funds will be used to gather and evaluate data for existing conditions and install
adaptive signal system equipment at appropriate intersections on East Mulberry Street between
College Avenue and Greenfields Court. It is anticipated that the synchronization of traffic signals
along this corridor will reduce congestion and improve air quality.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
(“IGA”) for the Project with the Colorado Department of Transportation (“CDOT”); 2) appropriate
$440,000 of CMAQ grant funds for the Project; 3) appropriate matching funds from the
Transportation Services Funds Reserves for the Project; and 4) appropriate funds to the Art in
Public Places (APP) program.
Adopted on Second Reading.
12. Items Pertaining to the Annual Adjustment Ordinance.
A. First Reading of Ordinance No. 134, 2024, Making Supplemental Appropriations in Various
City Funds.
B. First Reading of Ordinance No. 135, 2024, Appropriating Prior Year Reserves in Various City
Funds.
C. First Reading of Ordinance No. 136, 2024, Authorizing Transfers of Appropriations in Various
City Funds.
D. First Reading of Ordinance No. 137, 2024, Authorizing Transfer of Appropriations for the Fossil
Creek Trail Spur Project.
The purpose of these Annual Adjustment Ordinances is to appropriate additional revenues or
prior year reserves that need to be appropriated before the end of the year to cover related
expenses that were not anticipated, and therefore, not included in the 2024 annual budget
appropriation. The additional revenue is primarily from fees, charges for service, rents,
contributions, donations, and grants that have been paid to City departments to offset specific
expenses.
Adopted on Second Reading.
13. First Reading of Ordinance No. 138, 2024, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for the Parks Department Designated Toward
Improvements at Veterans Plaza of NoCo, Spring Canyon Community Park.
The purpose of this item is to request an appropriation of $25,050 in philanthropic revenue
received by City Give to be used for improvements at the Veterans Plaza in Spring Canyon
Community Park.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on Second Reading.
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City of Fort Collins Page 525 City Council Proceedings
14. Resolution 2024-118 Authorizing an Intergovernmental Agreement Between the Alternative
Sentencing Department of Larimer County, Colorado, for use of Alternative Sentencing in
Municipal Court.
The purpose of this item is to authorize an intergovernmental agreement (the “IGA”) with the
Alternative Sentencing Department of Larimer County so that prosecutors have the option to use
these programs in plea agreements and municipal judges have the option of sentencing
defendants to work release, mid-week, and weekender programs.
Adopted on Second Reading.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to approve the
recommended actions on items 1-14 on the Consent Calendar.
The motion carried, 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Gutowsky, Ohlson, Pignataro,
Potyondy, and Canonico.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
None.
L) STAFF REPORTS
None.
M) COUNCILMEMBER REPORTS
None.
Clerk’s Note: Mayor Arndt called for a break at 7:05 p.m. The meeting resumed at 7:21 p.m.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
15. Public Hearing #1 on the 2025-26 Recommended Budget for the City of Fort Collins.
This was the first public hearing on the City Manager’s 2025-26 Recommended Budget for the
City of Fort Collins. The purpose of this public hearing was to gather public input on the 2025-26
budget. To receive further public input, a second public hearing is scheduled for Council’s
Tuesday, October 1, 2024, regular meeting at 6:00 p.m. in Council Chambers with the option for
remote participation through the online Zoom meeting platform. Both hearings were set by
Council adoption of Resolution 2024-116 at its September 3, 2024, meeting. The City Manager’s
2025-26 Recommended Budget can be reviewed at the City Clerk’s Office by appointment only
and online at fcgov.com/budget.
PUBLIC COMMENT
None.
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Item 1.
City of Fort Collins Page 526 City Council Proceedings
City Manager DiMartino noted that there will be another public hearing on October 1st with first
reading of the budget scheduled for November 4th, which is a Monday due to the election, and
second reading on November 19th.
COUNCIL DISCUSSION
None.
16. Resolution 2024-119 Approving the Second Amended and Restated Intergovernmental
Agreement Establishing the Poudre Fire Authority.
The purpose of this item was to seek approval of an amended and restated Intergovernmental
Agreement (“IGA”) establishing the Poudre Fire Authority (the “Authority”) between the City of
Fort Collins (the “City”) and the Poudre Valley Fire Protection District (the “District”). This includes
the Funding Formula and Revenue Allocation Formula, and Support Services provided by the City
to the Authority and by the Authority to the City.
Dave Lenz, Director of Financial Planning and Analysis, outlined the history of the agreement
between the City and Poudre Fire Authority and stated this update has focused on the agreement,
the support services provided under the agreement by each entity, and the revenue allocation
formula. Lenz noted this new agreement would also provide for an administrator from each entity
who would be able to adjust the support services provided. Lenz provided additional details
around the amended agreement and noted the new language also includes adjustments for
annexations to ensure the Authority is not financially harmed from those inclusions to the city
limits.
PUBLIC COMMENT
None.
COUNCIL QUESTIONS
Councilmember Ohlson expressed support for the examination of the fairness issue related to
which entity funds what and asked if there is a similar agreement with the Library District to ensure
the City covers its costs. Travis Storin, Chief Financial Officer, replied in the affirmative and stated
it is more of an allocated, volume-based approach.
Councilmember Ohlson asked if the City assists the Library District with human resources. Storin
replied in the affirmative and noted IT services are shared between the City, Library District, and
PFA.
Councilmember Ohlson asked if the City recovers its cost from the Library District for the human
resources assistance. Storin replied in the affirmative.
Councilmember Ohlson asked about the City contribution being reduced by the net cost of
services provided. Storin outlined the rationale behind the approach and stated the formula is
correct to cover the City’s costs today.
Councilmember Ohlson suggested it may be time to redo the formula and asked if that would be
considered. Storin replied discussions have occurred regarding how both organizations may go
about that and stated staff would look to Council and the PFA Board to provide direction on
embarking on a benchmarking study for the cost of service.
Councilmember Ohlson noted PFA gets some subsidies from the City and questioned why the
Natural Areas Program gets charged for items that are subsidized for organizations that are not
directly part of the City. He stated all cost recovery levels should be the same.
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City of Fort Collins Page 527 City Council Proceedings
Mayor Pro Tem Francis asked if the $435,888 number is the cost of services provided to PFA by
the City. Lenz replied in the affirmative.
Mayor Pro Tem Francis requested clarification on the two different methodologies used between
slides 13 and 15. Lenz explained the methodology and stated the goal is to memorialize what
has been considered to be a fair share throughout the years while addressing things that have
changed and allowing for the number to expand or contract depending on future circumstances.
Mayor Pro Tem Francis stated she feels very comfortable with this agreement and thanked staff
from both organizations for doing this work.
Councilmember Ohlson asked that it be highlighted that the money is being added back in to the
City’s contribution and stated the City is not contributing $435,888 less than had been done
before. Lenz noted that the underlying principle for doing this is that the assessment has shown
that the formula is fair. Storin provided additional clarification.
Mayor Arndt stated this body of work represents a lot of thought and stated she appreciated
everyone’s efforts.
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt
Resolution 2024-119 Approving the Second Amended and Restated Intergovernmental
Agreement Establishing the Poudre Fire Authority.
The motion carried, 6-1.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Gutowsky, Pignataro,
Potyondy, and Canonico.
Nays: Councilmember Ohlson.
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
None.
Q) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:55 p.m.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 26
Item 1.
File Attachments for Item:
2. Items Pertaining to the Annual Adjustment Ordinance.
A. Second Reading of Ordinance No. 134, 2024, Making Supplemental Appropriations
in Various City Funds.
B. Second Reading of Ordinance No. 135, 2024, Appropriating Prior Year Reserves in
Various City Funds.
C. Second Reading of Ordinance No. 136, 2024, Authorizing Transfers of
Appropriations in Various City Funds.
D. Second Reading of Ordinance No. 137, 2024, Authorizing Transfer of Appropriations
for the Fossil Creek Trail Spur Project.
These Ordinances, unanimously adopted on First Reading on September 17, 2024,
appropriate additional revenues for prior year reserves that need to be appropriated
before the end of the year to cover related expenses that were not anticipated, and
therefore, not included in the 2024 annual budget appropriation. The additional revenue
is primarily from fees, charges for service, rents, contributions, donations, and grants
that have been paid to City departments to offset specific expenses.
Page 27
City Council Agenda Item Summary – City of Fort Collins Page 1 of 12
October 1, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Kelly DiMartino, City Manager
Travis Storin, Chief Financial Officer
Lawrence Pollack, Budget Director
SUBJECT
Items Pertaining to the Annual Adjustment Ordinance.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 134, 2024, Making Supplemental Appropriations in Various
City Funds.
B. Second Reading of Ordinance No. 135, 2024, Appropriating Prior Year Reserves in Various
City Funds.
C. Second Reading of Ordinance No. 136, 2024, Authorizing Transfers of Appropriations in
Various City Funds.
D. Second Reading of Ordinance No. 137, 2024, Authorizing Transfer of Appropriations for the
Fossil Creek Trail Spur Project.
These Ordinances, unanimously adopted on First Reading on September 17, 2024, appropriate
additional revenues for prior year reserves that need to be appropriated before the end of the year
to cover related expenses that were not anticipated, and therefore, not included in the 2024 annual
budget appropriation. The additional revenue is primarily from fees, charges for service, rents,
contributions, donations, and grants that have been paid to City departments to offset specific
expenses.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
BACKGROUND / DISCUSSION
These Ordinances appropriate additional revenue and funds received this fiscal year and from
prior year reserves in various City funds and authorize the transfer of previously appropriated
amounts between funds and/or capital projects.
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Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 12
The City Charter permits City at any time during a fiscal year to make supplemental appropriations
of additional revenue and other funds received as a result of rate/fe e increases or new revenue
sources, such as grants and reimbursements. The Charter also permits Council to provide, by
ordinance, for payment of any expense from prior year reserves through a supplemental
appropriation. Additionally, it authorizes Council to transfer any unexpended and unencumbered
appropriated amount from one fund or project to another fund or project upon recommendation of
the City Manager, provided that the purpose for which the transferred funds are to be expended:
1) remains unchanged; 2) the purpose for which they were initially appropriated no longer exists;
or 3) the proposed transfer is from a Fund or project account in which the amount appropriated
exceeds the amount needed to accomplish the purpose specified in the appropriation o rdinance.
The City Manager is recommending the proposed appropriations in these Ordinances and has
determined that they are available and previously unappropriated from their respective funds and
will not cause the total amount appropriated from such funds to exceed the current estimate of
actual and anticipated revenues and all other funds to be received in each such fund during this
fiscal year.
The City Manager is also recommending the proposed transfers of existing appropriations in these
Ordinances and has determined that the purposes for which these transferred funds are to be
expended remains unchanged.
If these appropriations are not approved, the City will have to reduce expenditures even though
revenue and reimbursements have been received to cover those expenditures.
These items were presented to the Council Finance Committee (CFC) on September 5, 2024.
During the discussion, a question was raised on Item #7 about fees related to Conflict
Transformation Works, which required follow-up. The explanation below has been expanded to
include the response to the inquiry.
The table below is a summary of the expenses in each fund that make up the increase in the
requested appropriations. Also included are transfers between funds, which do not increase net
appropriations, but per the City Charter, require Council approval to make the transfer. A table
with the specific use of prior year reserves appears at the end of this Agenda Item Summary.
Funding Additional
Revenue
Prior Year
Reserves Transfers TOTAL
General Fund $801,293 $292,582 $0 $1,093,875
Cultural Services Fund 7,400 291,064 5,630 304,094
Capital Projects Fund 243,300 0 21,300 264,600
Transportation Services Fund 1,429,500 1,200 0 1,430,700
Self-Insurance Fund 970,239 0 0 970,239
Golf Fund 1,500 25,130 0 26,630
Cemeteries Fund 0 207,870 0 207,870
801-URA - Prospect South TIF
District Fund 0 1,873,927 0 1,873,927
803-URA - Mall Fund 0 17,804 0 17,804
Transportation CEF Fund 0 21,300 0 21,300
GRAND TOTAL $3,453,232 $2,730,877 $26,930 $6,211,039
A. GENERAL FUND
Page 29
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 12
1. EPS - Weld County Reimbursement for CERT Purchase
City's EPS applied to a FEMA funded program ran through the State's Northeast All
Hazard Region. Weld County serves as the fiscal agency for the State's Northeast All
Hazard Region, reporting all FEMA funds used for selected projects on its financials (Weld
County = grant recipient). The workings of the program provide Weld reimbursing the City
in upwards of $4,998 for emergency related equipm ent/supplies. Based on the City not
deemed as a grant recipient of FEMA funds, the $4,998 in funds to be reimbursed by Weld
are not grant funds. City's EPS will spend the $4,998 in 2024.
FROM: Unanticipated Revenue (Weld County reimbursement) $4,998
FOR: CERT Purchase $4,998
2. Municipal Court - Constitutional Requirements
This request is to add additional funding for Court Appointed Defense Counsel attorneys
and interpreters to the Municipal Court's 2024 budget. The Municipal Court's enforcement
caseload has increased 21% in 2024 over 2023 case filings, and 33% over case filings in
2022. The number of scheduled interpreter hearings has doubled in 2024 as compared to
2023 (90 in 2023, 201 in 2024 through July 31st of each year). Because of these caseload
and hearing increases, the Court needs additional funds to continue to provide these
constitutionally required services to Court defendants.
FROM: Prior Year Reserves (General Fund) $47,288
FOR: Municipal Court constitutionally required services $47,288
3. Municipal Court - Contractual Obligations
This request is to add funding to the Municipal Court's 2024 budget to pay for Jail Services.
Larimer County and the City of Fort Collins annually review the intergovernmental
agreement (IGA) relating to the City's use of the Larimer County Jail for municipal
defendants and bonding services. The agreement includes the costs for bed spaces,
bonding services, and in-custody video hearings held three (3) a week to meet new State
Law requirements. All of the costs associated with these services and this contrac t have
increased. The Court and the City Attorney's Office work closely with the Larimer County
Jail to review and update procedures and apply efficiencies where possible.
FROM: Prior Year Reserves (General Fund) $46,059
FOR: Municipal Court jail services $46,059
4. Fort Collins Police Services (FCPS) has received revenue from various sources. A
listing of these items follows:
a. $140,691 – Police Miscellaneous Revenue: Police Services receives revenue from the
sale of Police reports along with other miscellaneous revenue, like restitution payments,
evidence revenue and SWAT training.
b. $34,800 – 2023/2024 BATTLE Grant Supplemental (Beat Auto Theft Through Law
Enforcement): 'The Property Crimes division of Police Services has been awarded an
additional $34,000 on top of the original $18,000 grant to fund additional overtime to help
Page 30
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 12
investigate auto theft in Northern Colorado.
c. $29,387 - 2024 CRISP Server Storage Upgrade: Police Services needed more server
space to allow the CRISP system to function properly. This clean up appropriation is
equal to Larimer County's contribution to the server upgrade.
d. $29,517 - 2020 JAG Grant Supplemental Award: Larimer County is the Recipient of the
JAG grant and at the end of the 3-year grant period in 2023, the county had excess grant
funds to award and instead of sending them back to DOJ, the city accepted the funds to
offset overtime expenses in 2023 for the Drug Task Force for drug investigations.
e. $43,750 - 2024 Police Radio Used Radio Sale: Police Services sold off old radios that
are no longer being used and the revenue will be used to purchase new radios.
f. $265,534 - Police Reimbursable Overtime: Police Services help schedule security and
traffic control for large events. Since these events are staffed by officers outs ide of their
normal duties, officers are paid overtime. The organizational who requested officer
presence and then billed for the costs of the officers' overtime. FCPS partners with
Larimer County to staff events at The Ranch. Police receives reimbursement from
Larimer County for officers’ hours worked at Ranch events.
g. $69,684 – 2024 Police School Resource Officers Overtime: Police Services have a
contract with Poudre School District to provide Officers on location at a majority of the
schools for safety and support. The school district pays Police Services based on a
predetermined contract amount and also partially reimbursing for overtime incurred. This
request is for the previously billed overtime and anticipated overtime for the remaining
year.
h. $8,912 - 2024 DUI Enforcement: Proceeds that have been received for DUI
enforcement.
i. $1,847 - ICAC SFY 2023-24 Grant: Cyber Crimes received a supplemental award of
1,847 to help fund additional travel for training purposes.
j. $19,000 - 2024-2025 HVE Grant: The Pollice Traffic Unit was awarded $19,000 to help
fund Police overtime expenses in order to monitor DUI compliance on targeted
enforcement days.
TOTAL APPROPRIATION
FROM: Unanticipated Revenue (Police Miscellaneous Revenue) $140,691
FROM: Unanticipated Revenue (2023/2024 BATTLE Grant supplemental) $34,800
FROM: Unanticipated Revenue (Partner Agency Contributions for CRISP
Server upgrades) $29,387
FROM: Prior Year Reserves (2020 JAG Grant) $29,517
FROM: Unanticipated Revenue (Used radios sale) $43,750
FROM: Unanticipated Revenue (Police Reimbursable Overtime) $265,534
FROM: Unanticipated Revenue (School Resource Officers) $69,684
FROM: Unanticipated Revenue (DUI Enforcement) $8,912
FROM: Unanticipated Revenue (ICAC SFY 2023-24 Grant) $1,847
FROM: Unanticipated Revenue (2024-2025 HVE Grant) $19,000
Total: $643,122
Page 31
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 12
FOR: Police Miscellaneous Revenue $140,691
FOR: Help prevent auto theft $34,800
FOR: CRISP server upgrades $29,387
FOR: Investigate illegal drug use and sales $29,517
FOR: Purchase of communication equipment $43,750
FOR: Police Reimbursable Overtime for events $265,534
FOR: Overtime for School Resource Officers $69,684
FOR: DUI enforcement $8,912
FOR: Help prevent Internet Crimes Against Children $1,847
FOR: Monitor DUI compliance $19,000
Total: $643,122
5. Digital Inclusion - Connexion Discount Program
Dedicated revenue from Fort Collins Connexion's PILOT (Payment in Lieu of Taxes) are paid
to the General Fund to support the City's Digital Inclusion Program. The Digital Inclusion
Program reimburses Connexion for customers enrolled in the income -qualified digital inclusion
discount program. Increased enrollment in the program will result in the discount
reimbursement to exceed budget at year-end. PILOT revenues to the General Fund are
projected to cover the increase in discounted customers and is requested to be appropriated
in 2024.
FROM: Unanticipated Revenue $135,000
FOR: Connexion Discount Program $135,000
6. Radon Kits
Environmental Services sells radon test kits at cost as part of its program to reduce lung-
cancer risk from in-home radon exposure. This appropriation recovers kit sales revenue for
the purpose of restocking radon test kits annually.
FROM: Unanticipated Revenue (Radon kit sales) $1,672
FOR: Purchase of radon kits to sell $1,672
7. Work for Others and Program Fees for Conflict Transformation Works
The Conflict Transformation Works (CTW) program earns revenue from 2 main sources:
providing workplace mediation for other City Departments and charging fees to the youth
who are involved in the conflict programming and resolution. In the latter case, there is a
$50 program fee for youth referred to the Restorative Justice (RJ) programs. The programs
offer a sliding scale to $10 and waive fees for foster youth and those who are unhoused or
facing eviction. Youth and families choose RJ program participation over other alternatives
offered by the referring agency.
These revenue dollars primarily support the programming costs. We are requesting
appropriation of Mediation revenue of $3,000 ($1,462.50 has been received in 2024 and the
remaining $1,527.50 is projected to be earned in 2024) and fee revenue of $2,600 ($1,620
has been received in 2024 and the remaining $980 is projected to be earned in 2024).
FROM: Unanticipated Revenue (Work for Others and Program Fees) $5,600
Page 32
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 12
FOR: Conflict Transformations Works program $5,600
8. Restorative Justice Grant Award
A grant in the amount of $40,428 was awarded from the Colorado Division of Criminal Justice
Juvenile Diversion fund for the continued operations of Restorative Justice Services programs
that provide a community alternative to the justice system for youth who commit crimes in Fort
Collins. No match is required, and it is a reimbursable grant. Grant period is July 1, 2024 -
June 30, 2024. This grant helps fund youth referred from the 8th Judicial District Attorney's
Office or referred in lieu of a summons to that office. Since 2004, the City has received grant
funding for Restorative Justice Services from this grant funding agency.
FROM: Unanticipated Revenue (Colorado Division of Criminal
Justice Diversion Grant)
$40,428
FOR: Restorative Justice Services programs $40,428
9. Land Bank Operational Expenses
This request is intended to cover expenses related to the land bank property maintenance
needs for 2023. Since expenses vary from year to year, funding is requested annually mid-
year to cover these costs. Expenses in 2023 include general maintenance of properties, raw
water and sewer expenses, electricity, repairs, and other as applicable.
FROM: Prior Year Reserves (Land Bank reserve within the
General Fund)
$71,800
FOR: Land Bank Operational Expenses $71,800
10. Manufacturing Equipment Use Tax Rebate
Finance requests the appropriation of $97,918 to cover the amount due for the 2023
Manufacturing Equipment Use Tax Rebate program as established in Chapter 25, Article II,
Division 5, of the Municipal Code.
FROM: Prior Year Reserves (Manufacturing Rebate reserve
within the General Fund)
$97,918
FOR: Manufacturing Equipment Use Tax Rebate $97,918
B. CULTURAL SERVICES & FACILITIES FUND
1. Pianos About Town Grants
The purpose of this item is to appropriate prior year grant funds from the Bohemian Foundation
to Art in Public Places for the Pianos About Town program. Cultural Services received grants
in 2017, 2018 and 2020 totaling $128,414 and those funds were never appropriated. This item
seeks to ensure that the funding is correctly and legally budgeted and accounted for.
FROM: Prior Year Reserves (Cultural Services & Facilities
Fund)
$128,414
FOR: Pianos About Town program $128,414
Page 33
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 7 of 12
2. Creative District Grant Funding
The purpose of this item is to appropriate current and prior year grant and miscellaneous funds
for the activities of the Downtown Fort Collins Creative District in the amount of $170,050. Of
$185,905 in total funding awarded to the Creative District since it started in 2014, $15,855 has
been appropriated. This activity will have a net neutral impact on the City's bottom line and is
required by City Charter and will ensure that the funding is correctly and legally budgeted and
accounted for.
FROM: Prior Year Reserves (contributions, donations &
various grants)
$162,650
FROM: Unanticipated Revenue (contributions & donations) $400
FROM: Unanticipated Revenue (State of Colorado CCI
Grant
$7,000
FOR: Downtown Fort Collins Creative District $170,050
3. Southridge Golf Irrigation Project APP contribution (refer to item G3)
Ordinance numbers 100 & 101, to be reviewed and passed by Council on August 20, 2024
should have included a contribution to Art in Public Places in the amount of $5,630. This is
based on the amount of $563,000 for the irrigation system replacement at Southridge Golf
Course.
FROM: Transfer from the Golf Fund $5,630
FOR Art in Public Places contribution $5,630
C. CAPITAL PROJECTS FUND
1. King Soopers 146 -- Midtown Gardens Marketplace Payment-In-Lieu (Drake and
College Intersection)
As part of the development agreement for King Soopers 146 -- Midtown Gardens Marketplace at
the northwest corner of Drake and College, the developer's traffic study shows an impact to the
College Avenue and Drake Road intersection that would have required the construction of an
eastbound to southbound right turn lane from Drake Road to College Avenue. In -lieu of the
developer constructing this right turn lane, the development agreement required th e payment of
$243,300 to the City as part of the College and Drake Capital Project. The Engineering
Department is currently designing the Drake and College intersection improvement.
FROM: Unanticipated Revenue (Payment in lieu) $243,300
FOR: Intersection improvements $243,300
2. Union on Elizabeth Payment-In-Lieu (W. Elizabeth St.; refer to item K1)
The City received a payment in lieu of construction from the Developer of the Union on Elizabeth
project. The payment was for required roadway frontage improvements of W. Elizabeth St., per
their development agreement. This payment was collected in 2018 and deposited into the
Transportation Capital Expansion Fee Fund.
Page 34
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 8 of 12
FROM: Transfer from Transportation Capital Expansion Fee
Fund (Payment in lieu)
$21,300
FOR: Roadway frontage improvements $21,300
D. TRANSPORTATION SERVICES FUND
1. Open Streets Vendor Fees
Open Streets is an annual FC Moves event that promotes active modes of transportation and
invites folks to experience a street without cars. At Open Streets, participants can expect 1-2
miles of car-free, family-friendly streets. Participants are encouraged to Ride the Route and
explore areas called “Activity Hubs”- temporary clusters of activity provided by local
businesses and organizations. Vendors for Open Streets are charged $50 if they are a non -
profit, $100 if they are a private business. For our Fall 2024 event, we have 38 private
businesses and 10 non-profits already signed up as vendors, in addition to 10 food trucks.
Our request includes $1,200 in vendor fees from 2023 that were not appropriated (so this
would be coming from Transportation Reserves), $4,000 in fees that have been collected to
date in 2024, and a projection of another $500 we expect to collect for the remainder of 2024.
It is important that we are able to offset our costs with these fees, since our operating budget
is not large enough to support this event without incoming revenue.
FROM: Prior Year Reserves (Vendor fees) $1,200
FROM: Unanticipated Revenue (Vendor fees) $4,500
FOR: Open Streets Program $5,700
2. Spin Annual Payment
Per the contract between the City and Spin, Spin pays an annual fee of $10,000. These funds
can be used at the City's discretion, and typically are used for projects related to the Spin
program. In 2024, funds were used to install bike/scooter boxes for better parking options, and
to support the Which Wheels Go Where project to update City code regulating what types of
micromobility can be used on what facilities.
FROM: Unanticipated Revenue (Spin annual payment) $10,000
FOR: Installation of bike and scooter boxes for parking $10,000
3. Streets Department Work for Other Program
The Planning, Development and Transportation Work for Others program is a self -supported
program for all “Work for Others” activities within Streets. Expenses are tracked and billed out
to other City departments, Poudre School District, CSU, CDOT, Larimer County, developers
and other public agencies. The original budget of $3.2M was an estimate based on prior years
budget with allowed growth rate. Due to unanticipated projects and equipment/parts needs,
and higher cost of materials, additional funding of $715K is requested to cover projects through
the end of 2024. Revenue for performing the work will offset the expense (expense will not be
incurred if revenue is not received).
FROM: Unanticipated Revenue (Work for Others) $715,000
FOR: Work For Others program within the Streets Dept $715,000
Page 35
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 9 of 12
4. Traffic Department Work for Other Program
The Planning, Development and Transportation Work for Others program is a self -supported
program for all “Work for Others” activities within Traffic. Expenses are tracked and billed out
to other City departments, developers and other public agencies. The original budget of $752K
was an estimate based on prior years budget with allowed growth rate. Due to unanticipated
projects and equipment/parts needs, and higher cost of materials, additional funding of $700K
is requested to cover projects through the end of 2024. Revenue for performing the work will
offset the expense (expense will not be incurred if revenue is not received).
FROM: Unanticipated Revenue (Work for Others) $700,000
FOR: Work For Others program within the Traffic Dept $700,000
E. SELF INSURANCE FUND
1. Self Insurance Fund Insurance expenditures
City insurance premiums and claim settlements are projecting to exceed the 2024 budget
within the Self Insurance Fund. 2024 Fund revenues in the amount of $970,239 are available
for appropriation to cover excess insurance expenditures. Self Insurance Fund reserves
exceed the City's target reserve level and surplus revenues are not needed to contribute to
fund balance at year end.
FROM: Unanticipated Revenue $970,239
FOR: City insurance premiums and claim settlements $970,239
F. CONSERVATION TRUST FUND
1. Correct lapsing to non-lapsing ORD 33 Fossil Creek Trail Spur Project
Ordinance #33, adopted by Council on March 19, 2024, should have been non -lapsing. This
was not clearly indicated in the AIS, so the amount needs to be moved from a lapsing to a
non-lapsing business unit since this is for the Fossil Creek Trail Spur Project.
FROM: Prior Appropriations in a lapsing business unit in the Conservation
Trust Fund
$35,000
FOR: Non-lapsing business unit for Fossil Creek Trail Spur Project $35,000
G. GOLF FUND
1. Golf Course Superintendent Association of America (GCSAA) Grants
First Green GCSAA Grants (Golf Course Superintendent Association of America) were
awarded in early 2024 to all three golf courses for Poudre School District community outreach.
With these grants, we engaged with STEM (Science, Technology, Engineering and
Mathematics) students and taught them about how it applies to a golf course. We've received
$1,500 for these grants.
Page 36
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 10 of 12
FROM: Unanticipated Revenue (GCSAA grants) $1,500
FOR: Poudre School District community outreach $1,500
2. City Park 9 Pump station repairs
The City Park 9 Pump Station is showing signs of imminent failure and will need to be replaced
prior to the 2025 season in order to maintain the current level of service provided to its patrons.
Without this station, irrigation of the course is not possible. In 2024, repairs were made in
order to get the station through the end of the season, but if the pump were to fail in 2025, it
would lead to subpar course conditions and reductions in rounds revenue. These repairs take
around 8-12 weeks and need to be completed prior to the start of the 2025 irrigation season
in early March. Total cost of these repairs are estimated at $25,130.
FROM: Prior Year Reserves (Golf Fund) $25,130
FOR: City Park 9 Pump station repairs $25,130
3. Southridge Golf Irrigation Project APP contribution (refer to item B3)
Ordinance numbers 100 & 101, to be reviewed and passed by Council on August 20, 2024,
should have included a contribution to Art in Public Places in the amount of $5,630. This is
based on the amount of $563,000 for the irrigation system replacement at Southridge Golf
Course.
FROM: Prior Appropriations $5,630
FOR Transfer to Cultural Services & Facilities Fund $5,630
H. CEMETERIES FUND
1. 149 Grandview repairs
The Parks Cemeteries division manages a rental house at 149 Grandview that is in desperate
need of repairs due to missed inspections. These repairs include gutter cleaning/repairs, deck
repairs/painting, roof repairs, window sealing, and more are estimated at $50,000.
FROM: Prior Year Reserves (Cemeteries Fund) $50,000
FOR: 149 Grandview repairs $50,000
2. Grandview pump station electrical repairs/upgrades
In April Cemeteries made necessary electrical repairs/upgrades to the Grandview pump
station due to an outdated source that was not up to code and unsafe. The total cost of these
repairs is $34,720.
FROM: Prior Year Reserves (Cemeteries Fund) $34,720
FOR: Grandview pump station electrical repairs/upgrades $34,720
3. Purchase of Backhoe in 2023 invoiced in 2024
Cemeteries was approved for the purchase of a Backhoe during the 23 -24 budget cycle (Offer
57.2). PO 9240355 was issued for this purchase 2/23/2023; however, it was not delivered until
Page 37
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 11 of 12
February 2024. This PO was missed du ring the PO Carryforward exercise. We are asking for
$123,150 to cover these expenses that should have hit in 2023.
FROM: Prior Year Reserves (Cemeteries Fund) $123,150
FOR: Purchase of backhoe invoiced in 2024 $123,150
I. URA PROSPECT SOUTH FUND #801
1. Transfer of Urban Renewal Authority (URA) Fund Equity 801 to Fund 800
The URA districts were consolidated into one fund in 2024, Fund 800. This transfers the
residual assigned fund balance in Fund 801 (Prospect South) & Fund 803 (Foothills Mall) to
Fund 800. Subsidiaries have been assigned in the new fund structure and funds will be
transferred accordingly.
FROM: Prior Year Reserves (URA Fund 801) $1,873,927
FOR: Transfer to URA Operations and Maintenance
Fund #800
$1,873,927
J. URA MALL FUND #803
1. Transfer of Urban Renewal Authority (URA) Fund Equity 803 to Fund 800
The URA districts were consolidated into one fund in 2024, Fund 800. This transfers the
residual assigned fund balance in 801 (Prospect South) & 803 (Foothills Mall) to fund 800.
Subsidiaries have been assigned in the new fund structure and funds will be transferred
accordingly.
FROM: Prior Year Reserves (URA Fund 803) $17,804
FOR: Transfer to URA Operations and Maintenance
Fund #800
$17,804
K. TRANSPORTATION CEF FUND
1. Transfer to the Capital Projects Fund for the Union on Elizabeth Payment-In-Lieu
(W. Elizabeth St.; refer to item C2)
The City received a payment in lieu of construction from the Developer of the Union on
Elizabeth project. The payment was for required roadway frontage improvements of W.
Elizabeth St., per their development agreement. This payment was collected in 2018 and
deposited into the Transportation Capital Expansion Fee Fund.
FROM: Prior Year Reserves (Payment in lieu) $21,300
FOR: Transfer to the Capital Projects Fund $21,300
CITY FINANCIAL IMPACTS
This Ordinance increases total City 2024 appropriations by $6,211,039. Of that amount, this
Ordinance increases General Fund 2024 appropriations by $1,093,875, including use of
Page 38
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 12 of 12
$292,582 in prior year reserves. Funding for the total increase to City appropr iations is
$3,453,232 from unanticipated revenue, $2,730,877 from prior year reserves and $26,930 from
transfers from reserves or previously appropriated funds.
The following is a summary of the items requesting prior year reserves:
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The 2024 Annual Adjustment Ordinance was reviewed by the Council Finance Committee during
their September 5, 2024, meeting. The members supported the ordinance moving forward to the
full Council on the September 17, 2024, on the Consent Agenda.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance A for Consideration
2. Ordinance B for Consideration
3. Ordinance C for Consideration
4. Ordinance D for Consideration
Item #Fund Use Amount
A2 General Fund Muni Ct - Constitutional Requirements $47,288
A3 General Fund Muni Ct - Contractual Obligations 46,059
A4d General Fund Police - 2020 JAG Grant Supplemental Award 29,517
A9 General Fund Land Bank Operational Expenses 71,800
A10 General Fund Manufacturing Equipment Use Tax Rebate 97,918
B1 Cultural Services Fund Pianos About Town Grants 128,414
B2 Cultural Services Fund Creative District Grant Funding 162,650
D1 Transportation Services Fund Open Streets Vendor Fees 1,200
G2 Golf Fund Golf - City Park 9 Pump station repairs 25,130
H1 Cemeteries Fund Cemeteries- 149 Grandview repairs 50,000
H2 Cemeteries Fund Cemeteries - Grandview pump station electrical
repairs/upgrades 34,720
H3 Cemeteries Fund Cemeteries - Purchase of Backhoe in 2023 invoiced in
2024 123,150
I1 801-URA - Prospect South TIF
District Fund Transfer of URA Fund Equity 801 to Fund 800 1,873,927
J1 803-URA - Mall Fund Transfer of URA Fund Equity 803 to Fund 800 17,804
K1 Transportation CEF Fund Engineering - Union on Elizabeth Payment-In-Lieu (W.
Elizabeth St.)21,300
Total Use of Prior Year Reserves:$2,730,877
Page 39
Item 2.
- 1 -
ORDINANCE NO. 134, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS IN VARIOUS
CITY FUNDS
A. The City has received additional revenue and other funds this fiscal year
that were not anticipated.
B. The City Council finds and determines that the adoption of this Ordinance
is necessary for the public’s health, safety, and welfare, and therefore, wishes to authorize
the expenditures described in this Ordinance and that such expenditures will serve the
public purposes for which they are designated
C. The City has also received revenue and other funds that were anticipated
but were not appropriated in the 2024 annual appropriation or previous supplemental
appropriations.
D. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriations, in combination with all previous appropriations for that fiscal year, does
not exceed the current estimate of actual and anticipated revenues and all other funds to
be received during the fiscal year.
E. The City Manager is recommending the appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the funds named within Section 1 of this Ordinance and will not cause the total
amount appropriated in each fund named within Section 1 of this Ordinance to exceed
the current estimate of actual and anticipated revenues and all other funds to be received
in each such fund during this fiscal year.
F. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or for a federal,
state or private grant or donation, that such appropriation shall not lapse at the end of the
fiscal year in which the appropriation is made, but continue until completion of the capital
project or the earlier of the expiration of the federal, state or private grant or donation or
the City’s expenditure of all funds received from such grant or donation .
G. The City Council wishes to designate the appropriations described herein
within Section 1 of this Ordinance as non-lapsing for the capital projects and the federal,
state or private grants as appropriations that shall not lapse until completion of the capital
project and the earlier of the expiration of the grant or the City’s expenditure of all funds
received from such grant.
Page 40
Item 2.
- 2 -
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from the following funds the amounts
of additional revenue and other funds existing appropriations as described below, to be
expended for the public purposes stated below.
GENERAL FUND
FROM: Unanticipated Revenue (Weld County reimbursement) $4,998
FOR: CERT Purchase $4,998
FROM: Unanticipated Revenue (Police Miscellaneous Revenue) $140,691
FOR: Police Miscellaneous Revenue $140,691
FROM: Unanticipated Revenue (2023/2024 BATTLE Grant
supplemental) $34,800
FOR: Help prevent auto theft (non-lapsing) $34,800
FROM: Unanticipated Revenue (Partner Agency Contributions for
CRISP Server upgrades) $29,387
FOR: CRISP server upgrades $29,387
FROM: Unanticipated Revenue (Used radios sale) $43,750
FOR: Purchase of communication equipment $43,750
FROM: Unanticipated Revenue (Police Reimbursable Overtime) $265,534
FOR: Police Reimbursable Overtime for events $265,534
FROM: Unanticipated Revenue (School Resource Officers) $69,684
FOR: Overtime for School Resource Officers $69,684
FROM: Unanticipated Revenue (DUI Enforcement) $8,912
FOR: DUI enforcement $8,912
FROM: Unanticipated Revenue (ICAC SFY 2023-24 Grant) $1,847
FOR: Help prevent Internet Crimes Against Children (non-lapsing) $1,847
FROM: Unanticipated Revenue (2024-2025 HVE Grant) $19,000
FOR: Monitor DUI compliance (non-lapsing) $19,000
FROM: Unanticipated Revenue $135,000
FOR: Connexion Discount Program $135,000
FROM: Unanticipated Revenue (Radon kit sales) $1,672
Page 41
Item 2.
- 3 -
FOR: Purchase of radon kits to sell $1,672
FROM: Unanticipated Revenue (Work for Others and Program Fees) $5,600
FOR: Conflict Transformations Works program $5,600
FROM: Unanticipated Revenue (Colorado Division of Criminal
Justice Diversion Grant)
$40,428
FOR: Restorative Justice Services programs (non-lapsing) $40,428
CULTURAL SERVICES & FACILITIES FUND
FROM: Unanticipated Revenue (contributions & donations) $400
FOR: Downtown Fort Collins Creative District $400
FROM: Unanticipated Revenue (State of Colorado CCI Grant $7,000
FOR: Downtown Fort Collins Creative District (non-lapsing) $7,000
CAPITAL PROJECTS FUND
FROM: Unanticipated Revenue (Payment in lieu) $243,300
FOR: Intersection improvements $243,300
TRANSPORTATION SERVICES FUND
FROM: Unanticipated Revenue (Vendor fees) $4,500
FOR: Open Streets Program $4,500
FROM: Unanticipated Revenue (Spin annual payment) $10,000
FOR: Installation of bike and scooter boxes for parking $10,000
FROM: Unanticipated Revenue (Work for Others) $715,000
FOR: Work For Others program within the Streets Dept $715,000
FROM: Unanticipated Revenue (Work for Others) $700,000
FOR: Work For Others program within the Traffic Dept $700,000
SELF INSURANCE FUND
FROM: Unanticipated Revenue $970,239
FOR: City insurance premiums and claim settlements $970,239
GOLF FUND
FROM: Unanticipated Revenue (GCSAA grants) $1,500
FOR: Poudre School District community outreach (non-lapsing) $1,500
Page 42
Item 2.
- 4 -
Section 2. The appropriations identified above as non-lapsing in Section 1 of
this Ordinance for the capital projects and the federal, state or private grants, as
authorized in Article V, Section 11 of the City Charter, as appropriations that shall not
lapse until completion of the capital projects and the earlier of the expiration of the grants
or the City’s expenditure of all funds received from such grants.
Introduced, considered favorably on first reading on September 17, 2024,
and approved on second reading for final passage on October 1, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 10, 2024
Approving Attorney: Carrie Daggett
Page 43
Item 2.
- 1 -
ORDINANCE NO. 135, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN VARIOUS CITY
FUNDS
A. The City has prior year-reserves available for appropriation.
B. The City Council finds and determines that the adoption of this Ordinance
is necessary for the public’s health, safety, and welfare, and therefore, wishes to authorize
the expenditures described in this Ordinance and that such expenditures will serve the
public purposes for which they are designated in Section 1 below.
C. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to appropriate by ordinance at any time during the
fiscal year such funds for expenditure as may be available from reserves accumulated in
prior years, notwithstanding that such funds were not previously appropriated.
D. The City Manager is recommending the appropriations described herein
and has determined that these appropriations are available and previously
unappropriated from the funds named within Section 1 of this Ordinance and will not
cause the total amount appropriated in each fund named within Section 1 of this
Ordinance to exceed the current estimate of actual and anticipated revenues and all other
funds to be received in each such fund during this fiscal year.
E. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or for a federal,
state or private grant or donation, that such appropriation shall no t lapse at the end of the
fiscal year in which the appropriation is made, but continue until the completion of the
capital project or until the earlier of the expiration of the federal, state or private grant or
donation or the City’s expenditure of all funds received from such grant or donation.
F. The City Council wishes to designate the appropriation herein for the 2020
supplemental JAG Grant as an appropriation that shall not lapse until the earlier of the
expiration of the grant or the City’s expenditure of all funds received from such grant.
G. The City Council wishes to designate the appropriation herein for the Fossil
Creek Trail Spur Project as an appropriation that shall not lapse until the completion of
the project.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from the following funds the amounts
of prior year reserves set forth below to be expended for the public purposes stated below.
Page 44
Item 2.
- 2 -
GENERAL FUND
FROM: Prior Year Reserves (General Fund) $47,288
FOR: Municipal Court constitutionally required services $47,288
FROM: Prior Year Reserves (General Fund) $46,059
FOR: Municipal Court jail services $46,059
FROM: Prior Year Reserves (2020 supplemental JAG Grant) $29,517
FOR: Investigate illegal drug use and sales (non-lapsing) $29,517
FROM: Prior Year Reserves (Land Bank reserve within the General
Fund)
$71,800
FOR: Land Bank Operational Expenses $71,800
FROM: Prior Year Reserves (Manufacturing Rebate reserve within
the General Fund)
$97,918
FOR: Manufacturing Equipment Use Tax Rebate $97,918
CULTURAL SERVICES & FACILITIES FUND
FROM: Prior Year Reserves (Cultural Services & Facilities Fund) $128,414
FOR: Pianos About Town program $128,414
FROM: Prior Year Reserves (contributions, donations & various
grants)
$162,650
FOR: Downtown Fort Collins Creative District $162,650
TRANSPORTATION SERVICES FUND
FROM: Prior Year Reserves (Vendor fees) $1,200
FOR: Open Streets Program $1,200
GOLF FUND
FROM: Prior Year Reserves (Golf Fund) $25,130
FOR: City Park 9 Pump station repairs $25,130
CEMETERIES FUND
FROM: Prior Year Reserves (Cemeteries Fund) $50,000
FOR: 149 Grandview repairs $50,000
FROM: Prior Year Reserves (Cemeteries Fund) $34,720
FOR: Grandview pump station electrical repairs/upgrades $34,720
Page 45
Item 2.
- 3 -
FROM: Prior Year Reserves (Cemeteries Fund) $123,150
FOR: Purchase of backhoe invoiced in 2024 $123,150
URA PROSPECT SOUTH FUND #801
FROM: Prior Year Reserves (URA Fund 801) $1,873,927
FOR: Transfer to URA Operations and Maintenance Fund #800 $1,873,927
URA MALL FUND #803
FROM: Prior Year Reserves (URA Fund 803) $17,804
FOR: Transfer to URA Operations and Maintenance Fund #800 $17,804
TRANSPORTATION CEF FUND
FROM: Prior Year Reserves (Payment in lieu) $21,300
FOR: Transfer to the Capital Projects Fund $21,300
Section 2. The appropriations identified above as non -lapsing in Section 1 of
this Ordinance for the capital projects and the federal, state or private grants, as
authorized in Article V, Section 11 of the City Charter, as appropriations that shall not
lapse until completion of the capital projects and the earlier of the expiration of the grants
or the City’s expenditure of all funds received from such grants.
Introduced, considered favorably on first reading on September 17, 2024, and
approved on second reading for final passage on October 1, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 10, 2024
Approving Attorney: Carrie Daggett
Page 46
Item 2.
- 1 -
ORDINANCE NO. 136, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFERS OF APPROPRIATIONS IN
VARIOUS CITY FUNDS
A. The City Council finds and determines that the adoption of this Ordinance
is necessary for the public’s health, safety, and welfare, and therefore, wishes to authorize
the expenditures described in this Ordinance and that such expenditures will serve the
public purposes for which they are designated in Section 1 below.
B. Article V, Section 10 of the City Charter authorizes the C ity Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which t he transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
C. The City Manager has recommended the transfer of $5,630 from the Golf
Fund to the Cultural Services & Facilities Fund and determined that the purpose for which
the transferred funds are to be expended remains unchanged.
D. The City Manager has recommended the transfer of $21,300 from the
Transportation Capital Expansion Fee Fund to the Capital Projects Fund and determined
that the purpose for which the transferred funds are to be expended remains unchanged .
E. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or for a federal,
state or private grant or donation, that such appropriation shall not lapse at the end of the
fiscal year in which the appropriation is made, but continue until the completion of the
capital project or until the earlier of the expiration of the federal, state or private grant or
donation or the City’s expenditure of all funds received from such grant or donation.
F. The City Council wishes to designate the appropriation herein for the
artwork portion of the Art in Public Places (APP) contribution as an appropriation that shall
not lapse until the completion of the project.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following unexpended and unencumbered appropriated
amounts are hereby authorized for transfer between the following funds and appropriated
therein as detailed below to be expended for the public purpose s stated below.
Page 47
Item 2.
- 2 -
FROM: Transfer from the Golf Fund (using previously appropriated
expenses in 2024 Ordinances #100 & 101)
$5,630
FOR Art in Public Places artwork contribution in the Cultural
Services & Facilities Fund (non-lapsing)
$4,391
FOR Art in Public Places operation costs contribution in the
Cultural Services & Facilities Fund
$1,126
FOR Art in Public Places maintenance costs contribution in the
Cultural Services & Facilities Fund
$113
FROM: Transfer from Transportation Capital Expansion Fee (CEF)
Fund (Payment in lieu)
$21,300
FOR: Roadway frontage improvements in the Capital Projects
Fund
$21,300
Section 2. The appropriation herein for the artwork portion of the Art in Public
Places (APP) contribution, as authorized in Article V, Section 11 of the City Charter, as
an appropriation that shall not lapse at the end of the fiscal year but continue until
completion of the capital project.
Introduced, considered favorably on first reading on September 17, 2024, and
approved on second reading f or final passage on October 1, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 10, 2024
Approving Attorney: Carrie Daggett
Page 48
Item 2.
- 1 -
ORDINANCE NO. 137, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFER OF APPROPRIATIONS FOR THE
FOSSIL CREEK TRAIL SPUR PROJECT
A. The City Council finds and determines that the adoption of this Ordinance
is necessary for the public’s health, safety, and welfare, and therefore, wishes to authorize
the expenditures described in this Ordinance and that such expenditures will serve the
public purposes for which they are designated in Section 1 below.
B. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
C. The City Manager has recommended the transfer of $35,000 from the
lapsing operating budget to the non-lapsing project budget in the Conservation Trust Fund
and determined that the purpose for which the transferred funds are to be expended
remains unchanged.
D. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or for a federal,
state or private grant or donation, that such appropriation shall not lapse at the end of the
fiscal year in which the appropriation is made, but continue until the completion of the
capital project or until the earlier of the expiration of the federal, state or private grant or
donation or the City’s expenditure of all funds received from such grant or donation.
E. The City Council wishes to designate the appropriation herein for the Fossil
Creek Trail Spur Project as an appropriation that shall not lapse un til the completion of
the project.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The unexpended and unencumbered appropriated amount of
THIRTY-FIVE THOUSAND DOLLARS ($35,000) from 2024 Ordinance #33, is authorized
for transfer from the lapsing operating budget to the non -lapsing project budget in the
Conservation Trust Fund and appropriated therein to be expended for the Fossil Creek
Trail Spur Project.
Page 49
Item 2.
- 2 -
Section 2. The appropriation herein for the Fossil Creek Trail Spur Project is
hereby designated, as authorized in Article V, Section 11 of the City Charter, as an
appropriation that shall not lapse at the end of the fiscal year but continue until completion
of the capital project.
Introduced, considered favorably on first reading on September 17, 2024, and
approved on second reading for final passage on October 1, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 10, 2024
Approving Attorney: Carrie Daggett
Page 50
Item 2.
File Attachments for Item:
3. Second Reading of Ordinance No. 138, 2024, Appropriating Unanticipated
Philanthropic Revenue Received by City Give for the Parks Department Designated
Toward Improvements at Veterans Plaza of NoCo, Spring Canyon Community Park.
This Ordinance, unanimously adopted on First Reading on September 17, 2024, requests an
appropriation of $25,050 in philanthropic revenue received by City Give to be used for
improvements at the Veterans Plaza in Spring Canyon Community Park.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Page 51
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 1, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 138, 2024, Appropriating Unanticipated Philanthropic Revenue
Received by City Give for the Parks Department Designated Toward Improvements at Veterans
Plaza of NoCo, Spring Canyon Community Park.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 17, 2024, requests an appropriation
of $25,050 in philanthropic revenue received by City Give to be used for improvements at the Veterans
Plaza in Spring Canyon Community Park.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Veterans Plaza of Northern Colorado is a community partnership between many local organizations,
including the City of Fort Collins, Community Foundation of Northern Colorado, and the nonprofit
Veterans Plaza of Northern Colorado Board and volunteers who manage the site, host local
programming, advocate, and fundraise on behalf of the Plaza.
Located at 2626 West Horsetooth Road in the scenic Spring Canyon Community Park in southwest Fort
Collins, Veterans Plaza provides a place to remember the sacrifice willingly made by veterans, whether
in times of war or times of peace. Officially opened in November 2011, Veterans Plaza provides an
educational destination for children and adults to learn about the military heroes who are part of our
nation’s history, recognizes those who continue to serve a nd who will serve in the future.
The City is grateful to partner with such a passionate group of volunteers who tirelessly support U.S.
veterans who have served, are serving, and will serve this great nation.
A gift of $25,000 was received by the nonprofit organization supporting the Veterans Plaza of Northern
Colorado and a gift of $50 was received by an individual donor both designated for the design,
construction and installation of an entry sign.
Page 52
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $25,000 in new philanthropic revenue in the Neighborhood Parkland Fund
received in 2024 and $50 from prior year reserves in the General Fund received in 2022 for transfer to the
Neighborhood Parkland Fund for the Parks Department Veterans Park Improvements.
The funds have been received and accepted per City Give Administrative and Financial Policy.
The City Manager has also determined that these appropriations, are available and previously
unappropriated from their designated City Fund and will not cause the total amount appropriated in those
Funds to exceed the current estimate of actual and anticipated revenues.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 53
Item 3.
-1-
ORDINANCE NO. 138, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED PHILANTHROPIC
REVENUE RECEIVED BY CITY GIVE FOR THE PARKS
DEPARTMENT DESIGNATED TOWARD IMPROVEMENTS AT
VETERANS PLAZA OF NOCO, SPRING CANYON COMMUNITY
PARK
A. Veterans Plaza of Northern Colorado is a community partnership between
many local organizations including the City of Fort Collins, Community Foundation of
Northern Colorado, and the nonprofit Veterans Plaza of Northern Colorado Board and
Volunteers who manage the site, host local programming, advocate, and fundraise on
behalf of the Plaza.
B. A gift of $25,000 was received by the nonprofit organization supporting the
Veterans Plaza of Northern Colorado and a gift of $50 was received by an individual donor
both designated for the design, construction and installation of an entry sign.
C. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of facilitating the construction of a
public memorial to veterans.
D. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
E. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Neighborhood Parkland Fund and will not cause the total amount appropriated in the
Neighborhood Parkland Fund to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in this Fund during this fiscal year.
F. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
General Fund and will not cause the total amount appropriated in the General Fund to
exceed the current estimate of actual and anticipated revenues and all other funds to be
received in this Fund during this fiscal year.
Page 54
Item 3.
-2-
H. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which th e funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
I. The City Manager has recommended the transfer of $50 from the General
Fund to the Neighborhood Parkland Fund and determined that the purpose for which the
transferred funds are to be expended remains unchanged.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
Neighborhood Parkland Fund the sum of TWENTY-FIVE THOUSAND DOLLARS
($25,000) to be expended in the Neighborhood Parkland Fund for the improvements at
the Veterans Plaza of NoCo Spring Canyon Community Park.
Section 2. There is hereby appropriated from prior year reserves in the General
Fund the sum of FIFTY DOLLARS ($50) to be transferred to the Neighborhood Parkland
Fund and appropriated therein for the improvements at the Veterans Plaza of NoCo,
Spring Canyon Community Park.
Introduced, considered favorably on first reading on September 17, 2024, and
approved on second reading for final passage on October 1, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: October 10, 2024
Approving Attorney: Jenny Lopez Filkins
Page 55
Item 3.
File Attachments for Item:
4. First Reading of Ordinance No. 139, 2024, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Safe Routes to School Zach Elementary
School Crossings Project and Related Art in Public Places.
The purpose of this item is to provide supplemental appropriations to the Safe Routes to School
(SRTS) Zach Elementary School Crossings Project (Project). If approved this item will
appropriate:
1. $176,760 from Transportation Capital Expansion Fee (TCEF) reserves to the Project;
2. $277,750 from Transportation Services Fund reserves to the Project;
3. $4,410 (0.8% of TCEF and Transportation Services Fund reserves contribution) from TCEF
reserves ($1,750) and Transportation Services Fund reserves ($2,660) to the Art in Public
Places (APP) program;
4. $90 (0.2% of TCEF and Transportation Services Funds contribution) for maintenance of art
from the Transportation Services Fund reserves to the APP program.
Page 56
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
October 1, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Gunnar Hale, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
First Reading of Ordinance No. 139, 2024, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the Safe Routes to School Zach Elementary School Crossings
Project and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to provide supplemental appropriations to the Safe Routes to School (SRTS)
Zach Elementary School Crossings Project (Project). If approved this item will appropriate:
1. $176,760 from Transportation Capital Expansion Fee (TCEF) reserves to the Project;
2. $277,750 from Transportation Services Fund reserves to the Project;
3. $4,410 (0.8% of TCEF and Transportation Services Fund reserves contribution) from TCEF reserves
($1,750) and Transportation Services Fund reserves ($2,660) to the Art in Public Places (APP) program;
4. $90 (0.2% of TCEF and Transportation Services Funds contribution) for maintenance of art from the
Transportation Services Fund reserves to the APP program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Zach Elementary School is located on the south side of Kechter Road, a high-traffic, high-volume arterial
street in southeast Fort Collins. Zach students who live north of Kechter must cross the road to get to
school. Many of the streets and roads in this area either lack sidewalks altogether or have substandard
sidewalks, and there is a lack of multi-use trail connectivity in this southeastern area of the City. Zach
Elementary has high numbers of students who bike, walk, or roll to school. Those students who live south
of the school experience safer routes to school via low-traffic, low-volume residential streets with sidewalks.
Other students who live north of the school must cross Kechter to get to school, making their journey much
more challenging and riskier due to the existing suboptimal crossings at Kechter Road and Jupiter Drive
and at Kechter Road and Cinquefoil Lane. Due to the Jupiter/Kechter intersection not being fully signalized,
a traffic-control contractor is required to keep students safe when crossing Kechter (at both morning arrival
time and afternoon dismissal time).
Page 57
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
There have been four rear-end crashes reported in this location between 2017 and 2022, one of which
occurred during school dismissal time and one that involved a pedestrian who suffered serious injuries.
The improvements proposed as part of the Project will create space and infrastructure intended to eliminate
most of the conflicts that result in crashes in this location. The improvements at the Jupiter/Kechter
intersection include a new fully signalized intersection with pedestrian walk signals and a new bike-
pedestrian crossing. The improvements at the Cinquefoil/Kechter intersection include a median refuge
island and flashing signal.
In 2023 a Colorado Department of Transportation (CDOT) SRTS grant was awarded to the City for the
design and construction of the Project (intergovernmental agreement with CDOT authorized via Resolution
2023-092). The SRTS and local match funding was appropriated by City Council on November 21, 2023
(Ordinance No. 144, 2023). The design of the improvements is nearing completion and staff is working to
secure a temporary construction easement needed to install the improvements. Construction is planned to
begin in early 2025. It is staff’s goal to schedule the bulk of the most disruptive construction during the
spring break period.
After the grant award during the design phase, additional concrete work was identified and included in the
Project. It was also determined that there was temporary easement acquisition needed to complete the
Project that was not originally included in the Project budget. With the additional work, easement
acquisition, and construction cost escalation, it is determined that the Project would need additional funding
to complete construction. A request for a supplemental appropriation was brought to the Council Finance
Committee meeting at their August 1, 2024, meeting. The committee supported an off-cycle supplemental
appropriation and was in favor of forwarding the appropriation request to City Council.
The additional Project amount of $450,000 was used for the APP program contribution calculation for this
action.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the Safe routes to School Zach Elementary School Crossings Project.
Safe Routes to School (SRTS) Grant 745,587$
Transportation Services Fund Reserves 99,990$
Poudre School District (PSD) Contribution 25,000$
Community Capital Improvement Program (CCIP) Bicycle 30,699$
Community Capital Improvement Program (CCIP) Pedestrian
Program 30,699$
Total Prior Appropriation 931,974$
Prior Appropriated Funds
Transportation Capital Expansion Fee (TCEF) Reserves 176,760$
Transportation Services Fund Reserves 277,750$
Total Funds to be Appropriated per this Action 454,510$
Transfer to Art in Public Places 4,500$
Total Project Funds 1,381,984$
Funds to be Appropriated per this Action
Page 58
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
The total fund amount projected for this Project is $1,381,984 composed of funds appropriated with prior
actions and with this action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Project will receive full environmental and historical clearances through CDOT during the design,
acquisition, and construction phases. The original appropriations for the Project were authorized by City
Council on November 21, 2023, in Ordinance No. 144, 2023. The current proposed appropriation was
brought before the Council Finance Committee at their August 1, 2024, meeting. The committee supported
an off-cycle supplemental appropriation and was in favor of forwarding the appropriation request to City
Council. Approved minutes of the meeting are attached.
The Bicycle Advisory Committee (BAC), Bike Fort Collins (BFC), North Front Range Metropolitan Planning
Organization (NFRMPO), Poudre School District (PSD), and Zach Elementary School have reviewed and
are in support of the Project.
PUBLIC OUTREACH
Project information was shown at the Transportation Projects Fairs in February 2024. Staff will develop
and implement a comprehensive Public Engagement Plan for the Project as construction is scheduled.
Additionally, per requirements of the CDOT grant agreement, the City’s SRTS program will provide
educational activities for Zach Elementary School students, staff, and parents. The activities will relate the
proper use of the new infrastructure provided by the Project.
ATTACHMENTS
1. Ordinance for Consideration
2. SRTS Zach Elementary School Crossings Project - Vicinity Map
3. Council Finance Committee Meeting Minutes, August 1, 2024
Page 59
Item 4.
- 1 -
ORDINANCE NO. 139, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE SAFE ROUTES
TO SCHOOL ZACH ELEMENTARY SCHOOL CROSSINGS
PROJECT AND RELATED ART IN PUBLIC PLACES
A. Zach Elementary School is located on the south side of Kechter Road, a
high-traffic, high-volume arterial street in southeast Fort Collins.
B. Many of the streets and roads in this area either lack sidewalks altogether
or have substandard sidewalks, and there is a lack of multi-use trail connectivity in this
southeastern area of Fort Collins.
C. Zach Elementary School has high numbers of students who bike, walk, or
roll to school. Zach Elementary students who live south of the school experience safer
routes to school via low-traffic, low-volume residential streets with sidewalks, and Zach
Elementary students who live north of the arterial must cross Kechter Road to get to
school, making their journey much more challenging and riskier due to the existing
suboptimal crossings at Kechter Road and Jupiter Drive and at Kechter Road and
Cinquefoil Lane.
D. Due to the Jupiter/Kechter intersection not being fully signalized, a traffic -
control contractor is required to keep students safe when crossing Kechter at both
morning arrival time and afternoon dismissal time.
E. There have been four rear-end crashes reported in this location between
2017 and 2022, one of which occurred during school dismissal time and one that involved
a pedestrian who suffered serious injuries.
F. The Safe Routes to School Zach Elementary School Crossings Project (the
“Project”) was developed to address these safety concerns and create space and
infrastructure intended to eliminate most of the conflicts that result in crashes presented
by both the Jupiter/Kechter and Cinquefoil/Kechter intersections.
G. The Project’s proposed improvements at the Jupiter/Kechter intersection
include a new fully signalized intersection with pedestrian “walk” signals and a new bike
pedestrian crossing.
H. The Project’s proposed improvements at the Cinquefoil/Kechter intersection
include a median refuge island and flashing signal.
I. In 2023, a Colorado Department of Transportation (CDOT) Safe Routes to
School (SRTS) grant was awarded to the City for the design and construction of t he
Project (intergovernmental agreement with CDOT authorized via Resolution 2023 -092).
Page 60
Item 4.
- 2 -
The SRTS and local match funding was appropriated by City Council in November 2023
(Ordinance No. 144, 2023).
J. The design of the improvements is nearing completion and staff is working
to secure a temporary construction easement needed to install the improvements.
Construction is planned to begin in early 2025. Staff aims to schedule the bulk of the most
disruptive construction during the spring break period.
K. After the grant award during the design phase, additional concrete work was
identified and included in the Project. It was also determined that there was temporary
easement acquisition needed to complete the Project that was not originally included in
the Project budget. With the additional work, easement acquisition, and construction cost
escalation, it is determined that the Project would need additional funding to complete
construction.
L. A request for a supplemental appropriation was brought to the Council
Finance Committee meeting at their August 1, 2024, meeting. The committee supported
an off-cycle supplemental appropriation and was in favor of forwarding the appropriation
request to City Council.
M. The Bicycle Advisory Committee, Bike Fort Collins, North Front Range
Metropolitan Planning Organization, Poudre School District, and Zach Elementary School
have reviewed and are in support of the Project.
N. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
O. The City Manager has recommended the appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the Transportation Capital Expansion Fee Fund, the Transportation Services Fund,
as applicable, and will not cause the total amount appropriated in the Transportation
Capital Expansion Fee Fund, the Transportation Services Fund, as applicable, to exceed
the current estimate of actual and anticipated revenues and all other funds to be received
in these funds during this fiscal year.
P. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
Page 61
Item 4.
- 3 -
Q. The City Manager has recommended the transfer of $176,760 from the
Transportation Capital Expansion Fee Fund to the Capital Projects Fund and $277,750
from the Transportation Services Fund to the Capital Projects Fund and determined that
the purpose for which the transferred funds are to be expended remains unchanged .
R. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the completion of the capital project.
S. The City Council wishes to designate the appropriation herein for Safe
Routes to School Zach Elementary School Crossings Project as an appropriation that
shall not lapse until the completion of the Project.
T. The City Council wishes to designate the appropriation herein for Safe
Routes to School Zach Elementary School Crossings Project.
U. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in
Public Places (“APP”) program.
V. The additional Project cost of $450,000 has been used to calculate the
contribution to the APP program.
W. The amount to be contributed in this Ordinance will be $4,500.
X. These appropriations benefit public health, safety and welfare of the people
of Fort Collins and serve the public purpose of improving transportation infrastructure
within the City and accommodating multimodal transportation and safety.
In light of the foregoing Recitals, which the Council hereby makes and adopt s as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of ONE HUNDRED SEVENTY-SIX
THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($176,760) in the Transportation
Capital Expansion Fee Fund for Transfer to the Capital Projects Fund and appropriated
therein to be expended for the Safe Routes to School Zach Elementary School Crossings
Project.
Section 2. There is hereby appropriated from prior year reserves in the
Transportation Services Fund the sum of TWO HUNDRED SEVENTY-SEVEN
THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($277,750) in the Transportation
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Services Fund for Transfer to the Capital Projects Fund and appropriated therein to be
expended for the Safe Routes to School Zach Elementary School Crossings Project.
Section 3. The unexpended and unencumbered appropriated amount of
THREE THOUSAND FIVE HUNDRED TEN DOLLARS: ($3,510) in the Capital Projects
Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and
appropriated and expended therein to fund art projects under the APP program.
Section 4. The unexpended and unencumbered appropriated amount of Nine
HUNDRED DOLLARS: ($900) in the Capital Projects Fund is hereby authorized for
transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein for the operation costs of the APP program.
Section 5. The unexpended and unencumbered appropriated amount of
NINETY DOLLARS ($90) in the Capital Projects Fund is hereby authorized for transfer to
the Cultural Services and Facilities Fund and appropriated and expended therein for the
maintenance costs of the APP program.
Section 6. The appropriation herein for Safe Routes to School Zach Elementary
School Crossings Project is hereby designated, as authorized in Article V, Section 11 of
the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but
continue until the completion of the Project.
Introduced, considered favorably on first reading on October 1, 2024, and
approved on second reading for final passage on October 15, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 25, 2024
Approving Attorney: Heather N. Jarvis
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Item 4.
LOCATION OF
IMPROVEMENTS
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Item 4.
Finance Administration
215 N. Mason
nd Floor
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Council Finance Committee Hybrid Meeting
CIC Room / Zoom
August 1, 2024
4:00 - 6:00 pm
Council Attendees: Mayor Arndt, Tricia Canonico
Staff: Kelly DiMartino, Tyler Marr, Travis Storin, Ginny Sawyer,
Jacob Castillo, Beth Yonce, Adam Molzer, Wendy Bricher, Drew Brooks
Dean Klingner, Victoria Shaw, LeeAnn Williams, Dana Hornkohl, Brad Buckman,
Eric Keselburg, Nina Bodenhamer, Africa Garcia Farina, Randy Bailey, Dave Lenz,
Jen Poznanovic, Joe Wimmer, Carolyn Koontz
Other: Joe Rowan
Meeting called to order at 4:00 pm
Approval of minutes from July 3, 2024, Council Finance Committee Meeting was postponed to the September 5th
meeting when the committee members who were present at the July 3rd meeting will be in attendance.
A. Grocery Tax Rebate Program
Adam Molzer, Manager, Social Sustainability
EXECUTIVE SUMMARY
The Grocery Tax Rebate program’s 2024 budget affords $165,000 for rebates to qualified residents. Due to
increased participation in the program, the total rebate payouts in 2024 are anticipated to be near $583,000. An
appropriation of general fund dollars of $418,460 would fulfill the budget necessary to meet this obligation. In
addition, $24,000 needs to be allocated to cover an anticipated staffing shortfall due to the Council-supported
personnel conversion to classified status of the Program Coordinator in 2024.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Does Council Finance Committee support a general fund appropriation request of $442,460 that will make
the Grocery Tax Rebate program budget whole in 2024?
BACKGROUND/DISCUSSION (details of item – History, current policy, previous Council actions, alternatives or
options, costs or benefits, considerations leading to staff conclusions, data and statistics, next steps, etc.)
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Item 4.
Program Details:
Established in 1972, the Grocery Tax Rebate is intended to provide financially insecure residents relief from City
sales tax charged on purchased food. The rebate amount is currently $80 per person.
Grocery Tax Rebate qualifications include:
Resident inside the Fort Collins Growth Management Area (GMA).
Household income between 0-60% of Area Median Income (AMI).
Must have a document that aligns the applicant’s identity with a Fort Collins address.
Applications are submitted via the Get FoCo online platform, where staff manually review each application and
the uploaded documentation (EBT card copy, Medicaid card, LEAP letter, Free/Reduced Lunch letter) to verify
income and residency eligibility. This is the third year partnering with Get FoCo and 96% of applications are now
received via the web platform.
One 0.75-FTE staff member assists residents with the application process, manually uploads payment data, and
supports a variety of other program functions to ensure a positive customer experience. This staff position was
converted from hourly to classified status with benefits in January 2024, per Council guidance.
Program Growth:
Between 2020-2023, the number of applications received increased over 95%, and rebates issued grew by 186%.
In 2023, the City processed 1,966 applications. The total amount issued in 2023 for the grocery rebate program
was $354,121. The FY2023 budget afforded $150,000 for rebates.
From January to June 2024, the City has processed 1,553 applications. The total amount issued year-to-date in
2024 is $292,460. The FY2024 budget affords $165,000 for rebates.
If a monthly average of $48,500 is realized for Q3 + Q4 2024, the total rebate obligation for 2024 will reach
583,460. The monthly average during Q3 + Q4 2023 was $37,333.
Additionally, Council Finance Committee expressed support for the conversion of the Grocery Tax Rebate
Coordinator position from hourly to classified at their 12/14/2023 meeting. This conversion took effect in
January 2024 and the resulting $24,000 personnel budget shortfall needs to be made whole.
An appropriation to meet the 2024 rebate and personnel obligations will require Council approval.
Actual & Anticipated Obligation & Budget
Year Applications Household
Members
Grocery
Rebate Repeat %65+%Single
HH %GetFoco %
2020 1006 1890 $123,435 886 88%509 51%641 64%N/A N/A
2021 948 1758 $117,987 844 89%446 47%588 62%N/A N/A
2022 1281 2626 $181,186 857 67%486 38%686 54%614 48%
2023 1966 4654 $354,121 866 44%453 23%911 46%1572 80%
2024 YTD June 1553 3655 $292,460 643 41%277 18%713 46%1493 96%
Rebate amounts above are tabulated by application receipt date, resulting in slight variations from the City's fiscal year due to timing.
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Item 4.
Personnel Conversion Shortfall + $24,000
FY2024 Rebate Budget (general fund) - $165,000
Estimated Funding Needed $442,460
Lastly, the 2020-2024 data set also reveals the following about program participation trends:
Increased enrollment of new participants to the rebate program (lower proportion of repeat participants).
Residents under age 65 are increasingly participating in the rebate program.
Households with sizes greater than one are increasingly participating in the rebate program.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Does Council Finance Committee support a general fund appropriation request of $442,460 that will make
the Grocery Tax Rebate program budget whole in 2024?
DISCUSSION / NEXT STEPS
Mayor Arndt; do we charge the same sales tax on food that we do on everything else?
Travis Storin; we do not, the renewables do not apply at the grocery store.
Jen Poznanovic; 2.25 % is the grocery sales tax rate and the full rate is 4.35%
Mayor Arndt; I can’t think of a single thing that is fairer. 0-60% AMI seems fair as well.
Tricia Canonico; what do we see as an uptick rate going forward? Will we see these increases YOY with Get
FoCo? What are we anticipating that we will need to budget in the future?
Travis Storin; one of our primary strategies is to recruit more users. We are up to just shy of 2K households
registered in the app which represents approximately 4,500 residents. We are getting a pretty broad reach now.
Once they are enrolled on the app, the majority tend to enroll in multiple programs. Africa, would you like to
address the engagement strategies you are working with?
Africa Garcia Farnia; we have multiple partners around town including PSD and the Library District. We recruit
partners who can help us get more folks enrolled in Get FoCo. We currently have over 3,000 active accounts on
Get FoCo. Not all have renewed the grocery store rebate for 2024. We are expecting another 1,500.
Travis Storin; before having the Get FoCo tool – it was ads on buses and on radio. We had some limited
efficacity.
Tricia Canonico: moving forward, are we budgeting for an increase with the grocery tax rebate?
Travis Storin; you will see an increase in the Recommended Budget when it is published later this month, it is not
quite to these levels. We may be setting ourselves up to return to this committee for an additional
appropriation this time next year. The grocery sales tax rebate program has a rolling 12-month enrollment.
Tricia Canonico; I know you said most of the folks are receiving it for the first time. Why aren’t we seeing more
folks from previous years? Why aren’t they reapplying?
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Item 4.
Adam Molzer; in 2023, 44% were returning applicants, in 2022, it was 67% and 2021 it was 89%. With Get FoCo,
we are still seeing the repeat applications, but they are lower proportionally due to all of the new applicants.
Travis Storin; this program was almost exclusively characterized as being utilized by frequent fliers who were
aware of the program and in a very specific age demographic. We are taking this as a good news story as the
program reaches younger and more diverse residents including families.
Mayor Arndt; what is the total revenue that the grocery sales tax brings in?
Jen Poznanovic; groceries are approximately 20% of our total sales tax revenue.
The grocery sales tax category is one of our larger categories of the 18 categories that we have.
I will get the number and circle back.
Nina Bodenhamer; some of the other communities that offer a rebate in this space adjust the rebate amount
based on other levers. Possibly a conversation going forward might we, do we adjust our payout based on the
volume of participation?
Mayor Arndt; I can see that question coming up – do we go to 50% AMI. I would say increase the budget
versus decreasing the amount refunded or reducing participation.
Travis Storin; $3500 per household member (2.25% of that is the $80) to get the total dollar amount we are
refunding.
Tricia Canonico; do we have any date on how much the average family spends on groceries per year?
Travis Storin; we could canvass our department to see if we have any data. I will take this as a follow up.
Mayor Arndt; this is a great program – forgoing a tax.
Travis Storin; we will bring this to the full Council as soon as practical.
B. Recreation Rebate (Reduced Fee) Program
Victoria Shaw, Senior FP&A Manager, Community Services
LeAnn Williams, Recreation Director, Community Services
EXECUTIVE SUMMARY
The Recreation reduced fee program provides an opportunity for income qualified members of the community
to take part in recreational activities at a discounted rate. The program has been funded at the level of $190,000
per year from the General Fund, however usage and needs have surpassed this allocation. In 2023, the
allocation covered approximately 50% of the usage.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance Committee have any feedback for staff on reduced fee program offered by Recreation?
BACKGROUND/DISCUSSION
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Item 4.
The reduced fee scholarships offered by Recreation have an ongoing goal of filling the gap for the
community by ensuring anybody that meets the program’s qualifications can access the valuable, engaging,
educational and beneficial programs offered by the Recreation department.
Program Details:
The program offers drop-in passes which allow for unlimited drop-in visits to facilities, and automated discounts
for activity enrollments. By minimizing financial barriers, the recreation department can serve and support the
community with programs that promote health, wellness, and overall well-being.
Eligibility for the program requires participants to reside in the Fort Collins Growth Management Area and meet
income standards. The income standards can be met with proof of income up to 185% of the Federal Poverty
Level or qualification through the Poudre School District free and reduced lunch program.
The passes then allow community members to access additional recreation programs at a discounted rate
without additional approvals. The discounted rates for these services are:
50 Family Pass: includes 2 adults and no limit on children in the same household.
30 Adult Pass: for those 18-59 years of age (not including those who are currently attending high school).
10 Youth/Senior Pass: for those under 18 or 60 and over.
Beginner/Introductory classes receive 90% discount.
Intermediate level classes, fitness classes, youth sports leagues, CARA Track & Cross-Country, SuperTots &
Skyhawks receive 70% discount.
Advanced/Competitive classes receive 10% discount.
Program Participation:
Participation in these offerings has been robust, with a steep decline in 2020 due to the pandemic. Activity
enrollments rebounded to pre-pandemic levels in 2021 and have since increased to 72% above the pre-
pandemic level in 2023, suggesting the need for this program is higher than ever and programs have been more
effective at reaching the qualifying populations.
Similarly, reduced fee pass scans also declined steeply in 2020. They have rebounded to pre-pandemic levels but
have not seen the same degree of growth as the activity enrollments.
3,161
5,285 5,494
2,450
5,556
7,810
9,469
0
2,000
4,000
6,000
8,000
10,000
2017 2018 2019 2020 2021 2022 2023
Recreation Low-Income Activity Enrollments
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Item 4.
Participation is tracked for youth and adult programming. The majority of costs (78.5%) are associated with youth
requests. This is driven by the reduced fee childcare and youth programs. The below table breaks down the youth
and adult participation by programs.
Youth Activities Summary # Requests Value of Requests
Swim lessons 784 $39,350
Skating 252 $19,455
Adaptive - $0
Pottery 155 $10,119
Northside Atzlan Youth 1,098 $124,433
Foothills Activity Center Youth 233 $14,822
Sports 926 $67,711
Farm 164 $12,012
Youth Tennis 114 $9,154
3,726 $297,057
Adult Activities # Requests Value of Requests
Aqua fitness 176 $5,164
Adult Swim lessons 19 $599
Adaptive 890 $30,902
Skating 19 $499
Social 9 $174
Arts and Crafts 111 $6,206
Fitness/Wellness 4,131 $13,784
Pottery 103 $11,093
Educational 90 $3,611
Dance 87 $2,881
Adult Tennis 44 $4,559
3,161
5,285 5,494
2,450
5,556
7,810
9,469
0
2,000
4,000
6,000
8,000
10,000
2017 2018 2019 2020 2021 2022 2023
Recreation Low-Income Activity Enrollments
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Item 4.
64 $1,852
5,743 $81,322
Program Funding:
The program has not been turning away participants based on available funding. The current funding level of
190,000 per year is allocated across the actual usage for the program and allows for partial revenue
reimbursement. The Recreation fund by default foregoes any of the revenue not backfilled by the General Fund
funding level. In 2023, this funding level represented about 50% of the General Fund reimbursement, and 50%
foregone revenue to the Recreation fund.
DISCUSSION / NEXT STEPS;
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance Committee have any feedback for staff on reduced fee program offered by Recreation?
LeeAnn Williams; we used to be PSD as our boundary but now it is our GMA
30% AMI. They are automatically enrolled if they qualify for free / reduced rate lunch program.
Rebounded after the pandemic and has increased Summer camp – daycare. Some communities just do youth.
We have silver sneakers – through their insurance providers
They don’t pay anything – we get reimbursed for up to 10 visits per month
When we build the SE Comm Center – we will see an increase then
We are proud of this program – we don’t limit how much money we spend
Victoria Shaw; the General Fund contributes about a50% reimbursement
Childcare – summer camp – 40% of participation - Nexxus in community for our families
We don’t have a projected shortfall
This is a high priority Aligns with our strategic objectives
Mayor Arndt; makes me feel good. Do we do any City Give work around?
I think this is one of those intangible things that people can’t put their finger on but that makes living in Fort
Collins
Adam Snow donors who very specific with what programs
Access & recreation - He hosted a golf tournament at City Park 9 We usually exceed our revenue projections
Tricia Canonico; great work –I was just talking with my sister-in-law who has 3 little ones about the importance
of childcare which is supplemented for her by her employer.
Travis Storin; those were our two income qualified programs we wanted to review with you today.
C. Engineering Supplemental Appropriations
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Item 4.
Brad Buckman, City Engineer
Monica Martinez, Sr. Manager FP&A
Dana Hornkohl, Director, Civil Engineering
SUBJECT FOR DISCUSSION
Engineering Capital Projects – Supplemental Appropriations (4 projects)
EXECUTIVE SUMMARY
Four current transportation capital improvement projects will require additional funding for work to continue
prior to proposed Budgeting for Outcomes (BFO) offers being finalized later this year for appropriation in 2025.
Two of these projects are under construction: Laporte Avenue Multimodal Improvements (Laporte) and College
Avenue – Trilby Road Intersection Improvements (College/Trilby). Two more projects are currently under design:
Zach Elementary School Crossings – Safe Routes to School (Zach SRTS) and College Avenue – Triangle Drive
Intersection Improvements (College/Triangle). Zach Elementary SRTS is scheduled to begin construction later
this year; College/Triangle is scheduled to begin construction early in 2025. The estimated cost to complete
these projects will exceed the currently appropriated budgets. There is sufficient discretionary transportation
funding available to complete these projects if appropriated. It is necessary to 1) appropriate additional funds to
complete these projects, 2) reduce scope, and/or 3) delay final delivery. Reduction of scope will result in
projects that do not fully meet the established project goals or adopted City standards and plans. Delaying final
delivery until other funding becomes available will negatively impact other transportation capital projects in the
delivery pipeline. Staff is recommending supplemental appropriations totaling $4,152,470 which would allow for
completion of the four projects as intended when work began. This request is coming before Council Finance
Committee now to avoid additional cost impacts due to potentially pausing and restarting active construction
and design projects.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance Committee support an off-cycle appropriation of Highway Safety Improvement
Program (HSIP) Grant Funds, Transportation Capital Expansion Fee (TCEF) Funds, and Transportation
Services Fund Reserves as well as a reappropriation of funds from the Laporte Bridges project to
complete the Laporte Avenue Multimodal Improvements project?
Does Council Finance Committee support an off-cycle appropriation of TCEF Funds, Transportation
Services Fund Reserves, and Community Capital Improvement Program (CCIP) Arterial Intersection
Improvements Fund to complete the College Avenue – Trilby Road Intersection Improvements project?
Does Council Finance Committee support an off-cycle appropriation of TCEF Funds and Transportation
Services Fund Reserves to complete the Zach Elementary School Crossings – Safe Routes to School
project?
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Item 4.
Does Council Finance Committee support an off-cycle appropriation of Funding Advancements for
Surface Transportation and Economic Recovery (FASTER) Act Grant Funds, Colorado Department of
Transportation (CDOT) Americans with Disabilities Act (ADA) Funds, TCEF Funds, and Transportation
Services Fund Reserves to complete the College Avenue – Triangle Drive Intersection Improvements
project?
BACKGROUND/DISCUSSION
Since the Summer of 2021, the nation, Colorado, and the Denver region have experienced significant inflation in
construction costs (Attachments 1, 2, and 3). The CDOT Colorado Construction Cost Index (CCI) reports an
annual percentage increase in construction costs of 8.03%. These inflationary pressures continue to impact the
City’s transportation capital improvement projects that are in active design and construction. Costs to acquire
real property for right-of-way, permanent easements, temporary easements, and the professional services
associated with acquiring real property have also escalated significantly over the same period.
Laporte Avenue Multimodal Improvements
The Laporte project will provide pedestrian and bicycle side paths in three phases 1) between Taft Hill Rd and
Frey Ave (Bridges), 2) between Frey Ave and Fishback Ave (East), and 3) between Sunset St and Taft Hill Rd
West). The initial phase of this work (Bridges) was completed in 2023 and replaced two aging bridges in the
corridor. The second phase of this work (East) began earlier this year and is scheduled to be completed later this
summer. The third phase (West) is scheduled to begin in October once property acquisition is complete.
The project delivery method for the East and West phases of the project is Construction Manager/General
Contractor (CM/GC). The chosen contractor held pricing for the East phase despite a delay in beginning
construction due to property acquisition and CDOT approval. The contractor has demonstrated by providing
open book pricing, confirmed by an independent cost estimate, that price escalation has impacted many of the
materials and costs for the West phase. The cost to acquire real property for the West phase has been
significantly higher than was estimated. Construction was broken into an East and West phase to accommodate
the property acquisition schedule introducing additional design cost. During this design effort, the City applied
for and was awarded Fiscal Year 2027 HSIP grant funds to install a Rectangular Rapid Flashing Beacon (RRFB) in
the West phase of the project. CDOT has agreed to provide the funding early so that the RRFB may be included
in the construction. Savings from the Bridges phase ($517,000) can be reappropriated to the West phase.
Including the local match for the HSIP award, it is estimated that an additional $560,055 (including $49,500 in
CDOT HSIP funds) is needed to complete construction on the West phase.
College Avenue – Trilby Road Intersection Improvements
The College/Trilby project will improve safety for current and future traffic levels as growth continues in the
region and will create a safer intersection for all users. Dual use side paths for pedestrians and bicycles are
included throughout the intersection. The intersection will feature dual left turn lanes from S College Ave to
Trilby Rd, right turn lanes for each direction of travel, and a widened Trilby Rd approach to S College Ave.
Right-of-way acquisition costs for the College/Trilby project have been significantly more than was initially
estimated (~$3.0M), with total acquisition costs likely to be ~$4.5M. The primary factor in this increase is land
value escalation over the period of acquisition. As with the Laporte project, the delivery method for the
College/Trilby project is CM/GC. Construction was broken into three phases to take advantage of property that
had been acquired and to lock in lower pricing for early work. Phase 1 work (walls) began earlier this year. Phase
2 construction (utility relocation and storm drainage) will begin in several weeks, with Phase 3 work (sidewalks,
paving, signals, landscaping) following later this Fall. Work is scheduled to be complete next Spring. As with
Laporte, the contractor has provided open book pricing for Phase 2 and 3 that has been confirmed by an
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Item 4.
independent cost estimate. The pricing shows escalation for several items including storm drainage
infrastructure. It is estimated that the project will need $1,509,000 to address the construction and acquisition
escalation.
As property around the College/Trilby project redevelops, the redevelopment will trigger repayments to the City
for the eligible costs of the intersection improvements, including right-of-way acquisition. Currently, that total is
estimated to be approximately $1.25M. Reimbursement payments will be due to the City upon execution of any
development agreement.
Zach Elementary School Crossings – Safe Routes to School
The Zach Elementary SRTS project will provide signal and crossing improvements across Kechter Rd at Jupiter Dr
and Cinquefoil Ln. SRTS grant funding was awarded in 2023. After the award, during the design phase, additional
concrete work was identified and included in the project. It was also determined that there was temporary
easement acquisition needed to complete the project that was not originally included in the project budget.
With the additional work, easement acquisition, and construction cost escalation, it is estimated that the project
will need $454,500 to begin construction later this Fall and ending early in 2025.
College Avenue – Triangle Drive Intersection Improvements
The College/Triangle project will install a new traffic signal as well as bicycle and pedestrian improvements
connecting Triangle Dr to the northeast towards the Lakeview on the Rise development and onto Water’s Way
Park. There is severe crash history at this intersection and in 2023 CDOT committed FASTER funding to the City
for signal improvements. CDOT has also committed funding for pedestrian improvements to bring the
intersection into compliance with ADA requirements. Working with a consultant, the City has developed 30%
design documentation and a total cost estimate of $1,628,915 (including $832,211 in CDOT FASTER and ADA
funds).
Staff has identified three alternatives to reach final completion on the four projects.
Option 1: Secure off-cycle appropriations for the projects to complete design, acquisition, and construction
and avoid additional costs with delaying the work. There is currently sufficient discretionary funding to cover
these proposed appropriations.
Option 2: Reduce the scope of work for the projects. All four projects have been value engineered to
minimize costs. Additional reduction of scope would potentially compromise project goals or limit the ability
to meet City standards.
Option 3: Delay final delivery until additional funding can be secured. This option would result in the project
not meeting the identified project goals within the promised timeframe, expose the remaining work to
further inflation, and would impact the schedule and budget for other transportation capital projects in the
design, acquisition, and construction pipeline.
Summary of requested supplemental appropriations for all four projects.
Grant Funds: $881,711
TCEF Reserves: $2,220,230
Transportation Fund Reserves: $450,529
CCIP – Arterial Intersection Improvements: $600,000
Total: $4,152,470
Summary of Existing Funding and Proposed Supplemental Appropriations
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Item 4.
DISCUSSION / NEXT STEPS;
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance Committee support an off-cycle appropriation of Highway Safety Improvement
Program (HSIP) Grant Funds, Transportation Capital Expansion Fee (TCEF) Funds, and Transportation
Services Fund Reserves as well as a reappropriation of funds from the Laporte Bridges project to
complete the Laporte Avenue Multimodal Improvements project?
Does Council Finance Committee support an off-cycle appropriation of TCEF Funds, Transportation
Services Fund Reserves, and Community Capital Improvement Program (CCIP) Arterial Intersection
Improvements Fund to complete the College Avenue – Trilby Road Intersection Improvements project?
Does Council Finance Committee support an off-cycle appropriation of TCEF Funds and Transportation
Services Fund Reserves to complete the Zach Elementary School Crossings – Safe Routes to School
project?
Does Council Finance Committee support an off-cycle appropriation of Funding Advancements for
Surface Transportation and Economic Recovery (FASTER) Act Grant Funds, Colorado Department of
Transportation (CDOT) Americans with Disabilities Act (ADA) Funds, TCEF Funds, and Transportation
Services Fund Reserves to complete the College Avenue – Triangle Drive Intersection Improvements
project?
Staff has identified three alternatives to reach final completion on the four projects.
Option 1: Secure off-cycle appropriations for the projects to complete design, acquisition, and construction
and avoid additional costs with delaying the work. There is currently sufficient discretionary funding to cover
these proposed appropriations.
Option 2: Reduce the scope of work for the projects. All four projects have been value engineered to
minimize costs. Additional reduction of scope would potentially compromise project goals or limit the ability
to meet City standards.
Option 3: Delay final delivery until additional funding can be secured. This option would result in the project
not meeting the identified project goals within the promised timeframe, expose the remaining work to
further inflation, and would impact the schedule and budget for other transportation capital projects in the
design, acquisition, and construction pipeline.
Mayor Arndt; do we pay interest rates on these acquisitions – curious about funding
Kelly DiMartino; we fund it with cash from a variety of sources – always cash on hand.
Off cycle appropriation to complete the first two due to inflation impacts
Grant Funds Local Funds Re-
Appropriation Total Grant Funds TCEF Reserves Trans. Fund
Reserves
CCIP Arterial
Intersection
Fund
Total Increase
Laporte 4,937,500$ 1,365,495$ 517,000$ 6,819,995$ 49,500$ 335,454$ 175,101$ -$ 560,055$ 8%
College/Trilby 13,640,992$ 2,873,513$ -$ 16,514,505$ -$ 908,820$ 180$ 600,000$ 1,509,000$ 9%
Zach Elementary SRTS 745,587$ 187,397$ -$ 932,984$ -$ 179,410$ 275,090$ -$ 454,500$ 49%
College/Triangle -$ -$ -$ -$ 832,211$ 796,546$ 158$ -$ 1,628,915$ N/A
TOTAL 19,324,079$ 4,426,405$ 517,000$ 24,267,484$ 881,711$ 2,220,230$ 450,529$ 600,000$ 4,152,470$ N/A
Previously Appropriated Proposed Supplemental Appropriations
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Item 4.
Travis Storin; the dollars are there - reserves in the upcoming 2025 -26 Budget. I commend the team for a
creative approach with the funding stack.
Since we are in the middle delay the cross walk on Impala
Mayor Arndt; that is a drop in the bucket - if we are in the middle of something - we should finish it –it feels like
a higher priority to finish the ones that are in process.
Tyler Marr; funding these inflation impacts are delaying the start of other things which carry an opportunity
cost. Some new things may be delayed.
Tricia Canonico; no upside to delaying or downsizing the project - a lot of grant funding opportunities
It is too bad that we keep seeing the constructions costs increasing. I would support moving forward.
Do we anticipate any stabilization in the coming year for the construction costs increases?
Dana Hornkohl; there has been no indication of that yet. A lot of volatility in concrete and asphalt costs.
Mayor Arndt; I am sure they will talk about tradeoffs in the budget.
D. Parking Supplemental Appropriations
Eric Keselburg, Sr Manager, Parking Services
EXECUTIVE SUMMARY
Parking Services is requesting appropriation of available Parking Reserves to fund the following items. The Civic
Center Parking Structure (CCPS) item will be funded using dedicated CCPS Reserves.
1. The southeast corner public stairwell in CCPS needs to be replaced, as identified during the recent condition
assessment. This stairwell is located on the most heavily trafficked exit from CCPS and has been closed since
June 2020, as design and funding are finalized.
2. Parking Services began sealant work in the Firehouse Alley Garage in 2023. Funds allocated for this project in
2023 were not used due to timing delays and subsequently became part of the Parking Reserves. These
funds are now needed to complete the project.
3. Parking Services presented to City Council in October 2023, to request support to research a sustainable
funding model for the downtown parking system. The scope for the Request for Proposal (RFP) has been
drafted and reviewed by the Downtown Development Authority (DDA); which has agreed to contribute
financially to assist with the Downtown Parking System Strategy Study, and subsequent implementation
plan.
4. The third-party security company, Precision Security, provides security services in the three (3) City-
managed parking structures. The current staffing and hours of coverage are not changing; however, the cost
of service has increased yearly including a 4.5% for 2024 service.
Parking Services is requesting appropriations versus aligning with the standard Budgeting for Outcomes (BFO)
process due to project timing and the need to adjust the current year budget.
Page 76
Item 4.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Parking Services is requesting the appropriation of available Parking Services reserve funding to allow for
movement on the customer experience items, and to allow the RFP to be submitted to begin the downtown
parking study; to gather both partner and community feedback, ahead of Council direction.
BACKGROUND/DISCUSSION
There are a few asks being compiled together. The first being the CCPS stairwell, which following the 2019
condition assessment was found to have repair needs. Due to the pandemic and financial constraints imposed
on Parking Services, the maintenance schedule was paused (approved by the contracted structural engineering
firm). Once the American Rescue Plan Act (ARPA) funding was provided (BFO cycle 2022/2023), Parking Services
resumed maintenance repairs. However, the subsequent and necessary condition assessment performed found
that the southeast stairwell had degraded to an unsafe level; which required it to be closed (June 2022) for
public use. Several design options were discussed and presented; that said, a viable design was submitted, and a
path forward was determined. To complete this project a supplemental appropriation of $1,200,000 is being
requested. These funds will be appropriated from the CCPS Reserves.
The second request is to utilize prior funding which was set-aside in 2023 for necessary parking structure deck
sealant maintenance work in FAPS. This project was planned to bridge funding availability from both 2023 and
2024; due to timing delays, the available 2023 funding was not used and subsequently rolled into the Parking
Reserves. To complete this project a supplemental appropriation of $110,000 is requested. These funds will be
appropriated from Parking Reserves.
The third ask revolves around the following. Parking Services presented to City Council at a work session in
October 2023, specifically pertaining to the current state of the Parking Services operation and the request to
support continuing efforts to develop a new financial and strategic model and related implementation plan for
downtown parking. The identified problem statement showcased that the current parking system model does
not provide the parking choices needed for those who visit the downtown area. As well, it is incapable of
addressing the demand distribution challenges, which frustrates our users, because of the reliance on an
enforcement methodology and the use of low dollar paid parking in undesirable facilities. Also, Parking Services
is unable to fulfill its required goals to fund its maintenance needs because it cannot achieve cost neutrality in its
current model. The scope of the RFP has been drafted and reviewed by the DDA, who agreed to contribute
financially to the downtown parking study. At this time, a supplemental appropriation of $185,000 is requested
to fund this work. The DDA has agreed to reimburse the City for the cost in the amount of $65,000 or up to 50%
of total cost.
The final piece of the request is due to the increased cost of third-party security services provided in the three
3) City-managed parking structures. Parking Services contracts armed security to ensure the evening and late-
night users of the parking facilities have adequate protection, with armed security at each facility, with added
security staffing during the weekend. The cost of the contract for armed security has increased yearly including
an increase of 4.5% in 2024. Parking has managed past yearly increases within its budget, but cost increases
have now accumulated resulting in this request for $50,000 in supplemental appropriation from Parking
Reserves.
The available reserve balance is sufficient to cover the presented requests and will help to minimize execution,
and advance efforts made to date. As well, the contract increase will provide uninterrupted security coverage
for our downtown customers.
DISCUSSION / NEXT STEPS;
Page 77
Item 4.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Parking Services is requesting the appropriation of available Parking Services reserve funding to allow for
movement on the customer experience items, and to allow the RFP to be submitted to begin the downtown
parking study; to gather both partner and community feedback, ahead of Council direction.
Paused due to pandemic - SE stairwell in the Civic Center Parking structure was closed in 2022
We have identified a path forward – 12-18 months – our goal is summer/ fall for 2025 to reopen the SE
stairway.
Monica Martinez; basically, we had a situation where it should have been put in a Purchase Order per
the standard process, but that did not occur - funding did not get picked up there –
Mayor Arndt; what is the additional $185K for?
Eric Keselburg; we worked with a parking consultant for the downtown parking study leading up to the
presentation to the Council. This would be for the second half of the study where we reach out to
some of the stakeholders which will lead to a recommendation to Council for next steps. The DDA has
agreed to come forward with some funding as well.
Mayor Arndt; I am fine with all of this. The Council is anxious to be helpful in the parking structure
repairs.
Tricia Canonica; we would like to see this moving forward – good to have that stairwell back in service
and to maintain our other parking structures. I am good with this.
Meeting adjourned at 5:05 pm
Page 78
Item 4.
File Attachments for Item:
5. First Reading of Ordinance No. 140, 2024, Making Supplemental Appropriations from
the State of Colorado for the Universal Pre-School Program at the Northside Aztlan
Community Center.
The purpose of this item is to consider an appropriation of unanticipated revenue of $30,469
from the State of Colorado in 2024 to help fund the Universal Pre-school (UPK) program at the
Northside Aztlan Community Center through the Recreation Fund.
Page 79
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 1, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
LeAnn Williams, Director, Recreation
Victoria Shaw, Sr FP&A Manager, Community Services
SUBJECT
First Reading of Ordinance No. 140, 2024, Making Supplemental Appropriations from the State of
Colorado for the Universal Pre-School Program at the Northside Aztlan Community Center.
EXECUTIVE SUMMARY
The purpose of this item is to consider an appropriation of unanticipated revenue of $30,469 from the State
of Colorado in 2024 to help fund the Universal Pre-school (UPK) program at the Northside Aztlan
Community Center through the Recreation Fund.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The State of Colorado passed a Universal Pre-School (UPK) program in 2022 under House Bill 22-1295
to offer voluntary, high quality universal preschool to every Colorado child in the year before kindergarten.
Families who register are eligible for up to 15 hours per week of free preschool under UPK, with the
providers receiving payment directly from the State.
The City of Fort Collins’ Recreation department has begun participating in UPK as a care provider for the
2024/2025 school year for childcare services provided at Northside Atzlan Community Center. This activity
was not originally budgeted for in 2024 since the program parameters were not set when the budget was
adopted.
Accordingly, the City has begun to receive unanticipated revenue from the State of Colorado for providing
Universal Pre-school services to the Community. In August 2024, the City received $6,094 in support of 10
students and now anticipates receiving an additional $24,375 through the end of the year, for total 2024
estimated revenue of $30,469. This appropriation will allow the Recreation Department to utilize the
available 2024 State of Colorado funding of $30,469 to provide UPK at the Northside Aztlan Community
Center.
Expanded levels of funding and staffing for the UPK program are recommended in the 2025 – 2026 City
Manager’s Recommended Budget under Offer 46.5: 3.0 FTE Universal Preschool. If adopted, that offer
would expand the capacity and offerings beyond the scope of this appropriation in the next 2025/2026
school year. Funding this appropriation does not commit any UPK offerings beyond the 2024/2025 school
year.
Page 80
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
If adopted, this Ordinance will appropriate the unanticipated 2024 revenue projected from the State of
Colorado of $30,469 in 2024 to fund the Universal Pre-school (UPK) program at the Northside Aztlan
Community Center in the Recreation Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 81
Item 5.
-1-
ORDINANCE NO. 140, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE
STATE OF COLORADO FOR THE UNIVERSAL PRE-SCHOOL
PROGRAM AT THE NORTHSIDE AZTLAN COMMUNITY
CENTER
A. In 2022, the State of Colorado adopted a Universal Pre-School (UPK)
program to offer voluntary, high quality universal preschool programs to every Colorado
child in the year before kindergarten.
B. The City’s Recreation Department began participating in the UPK program
as a care provider at the Northside Atzlan Community Center for the 2024/2025 school
year.
C. The City has received unanticipated revenue from the State of Colorado to
assist in funding this UPK program.
D. In August 2024, the City received $6,094 in support of 10 students and now
anticipates receiving an additional $24,375 through the end of the year. This will be a total
of $30,469 of unanticipated revenue in 2024.
E. This appropriation benefits the public health and welfare of the citizens of
Fort Collins and serves the public purpose of creating childcare services through a UPK
program at the Northside Aztlan Community Center.
F. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other f unds to be
received during the fiscal year.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Recreation Fund and will not cause the total amount appropriated in the Recreation
Fund to exceed the current estimate of actual and anticipated revenues and all other
funds to be received in this Fund during this fiscal year.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from new revenue or other funds in the
Recreation Fund the sum of THIRTY THOUSAND FOUR HUNDRED SIXTY-NINE
DOLLARS ($30,469) to be expended in the Recreation Fund for the Universal Pre-School
Program at the Northside Aztlan Community Center.
Page 82
Item 5.
-2-
Introduced, considered favorably on first reading on October 1, 2024, and
approved on second reading for final passage on October 15, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: October 25, 2024
Approving Attorney: Sara Arfmann
Page 83
Item 5.
File Attachments for Item:
6. Items Relating to the US 287 and Triangle Drive Signal Installation Project.
A. Resolution 2024-120 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins, Colorado, and the Colorado Department of Transportation for the US
287 and Triangle Drive Signal Installation Project.
B. First Reading of Ordinance No. 141, 2024, Appropriating Revenue from a Funding
Advancements for Surface Transportation and Economic Recovery Grant and the Colorado
Department of Transportation Americans with Disabilities Act Grant and Appropriating Prior
Year Reserves and Authorizing Transfers for the US 287 and Triangle Drive Signal Installation
Project and Related Art in Public Places.
The purpose of this item is to receive award grant funds and provide appropriations to the US
287 and Triangle Drive Signal Installation Project (Project). If approved this item will:
1. Authorize the Mayor to execute an intergovernmental agreement (IGA) for the Project with
the Colorado Department of Transportation (CDOT);
2. Receive and appropriate $682,211 in Funding Advancements for Surface Transportation and
Economic Recovery (FASTER) funds to the Project;
3. Receive and appropriate $183,843 in CDOT Americans with Disabilities Act (ADA) funds;
4. Appropriate $688,897 from Transportation Capital Expansion Fee (TCEF) reserves to the
Project;
5. Appropriate $6,686 (0.8% of TCEF contribution) from TCEF reserves to the Art in Public
Places (APP) program;
6. Appropriate (0.2% of TCEF contribution) for maintenance of art from the Transportation
Services Fund reserves to the APP program.
The funds will be used to design and install a new traffic signal as well as bicycle and pedestrian
improvements connecting Triangle Drive to the northeast towards the Lakeview on the Rise
development. There is severe crash history at this intersection and in 2023 CDOT committed
FASTER funding to the City for signal improvements. CDOT has also committed funding for
pedestrian improvements to bring the intersection into compliance with ADA requirements.
Page 84
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
October 1, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Marc Virata, TCEF Program Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
Items Relating to the US 287 and Triangle Drive Signal Installation Project.
EXECUTIVE SUMMARY
A. Resolution 2024-120 Authorizing the Execution of an Intergovernmental Agreement Between the City
of Fort Collins, Colorado, and the Colorado Department of Transportation for the US 287 and Triangle
Drive Signal Installation Project.
B. First Reading of Ordinance No. 141, 2024, Appropriating Revenue from a Funding Advancements for
Surface Transportation and Economic Recovery Grant and the Colorado Department of Transportation
Americans with Disabilities Act Grant and Appropriating Prior Year Reserves and Authorizing Transfers for
the US 287 and Triangle Drive Signal Installation Project and Related Art in Public Places.
The purpose of this item is to receive award grant funds and provide appropriations to the US 287 and
Triangle Drive Signal Installation Project (Project). If approved this item will:
1. Authorize the Mayor to execute an intergovernmental agreement (IGA) for the Project with the Colorado
Department of Transportation (CDOT);
2. Receive and appropriate $682,211 in Funding Advancements for Surface Transportation and Economic
Recovery (FASTER) funds to the Project;
3. Receive and appropriate $183,843 in CDOT Americans with Disabilities Act (ADA) funds;
4. Appropriate $688,897 from Transportation Capital Expansion Fee (TCEF) reserves to the Project;
5. Appropriate $6,686 (0.8% of TCEF contribution) from TCEF reserves to the Art in Public Places (APP)
program;
6. Appropriate (0.2% of TCEF contribution) for maintenance of art from the Transportation Services Fund
reserves to the APP program.
The funds will be used to design and install a new traffic signal as well as bicycle and pedestrian
improvements connecting Triangle Drive to the northeast towards the Lakeview on the Rise development.
There is severe crash history at this intersection and in 2023 CDOT committed FASTER funding to the
City for signal improvements. CDOT has also committed funding for pedestrian improvements to bring the
intersection into compliance with ADA requirements.
Page 85
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
The intersection of College Avenue and Triangle Drive is currently side street stop-controlled with high
speeds and volumes on College Avenue (also known as US 287 or State Highway 287). The Shenandoah
and Ridgewood Hills neighborhoods on the west side of College Avenue access this intersection from
Triangle Drive. Lakeview on the Rise is a neighborhood on the east side of College Avenue northeast of
the intersection. Directly east of the intersection is the Pelican Marsh Natural Area owned by the City’s
Natural Areas Department (“Natural Areas”). The intersection will remain a “T” intersection as there is no
intention of Natural Areas extending Triangle Drive east of College Avenue.
City staff determined that a traffic signal is warranted due to severe crash history at this intersection. The
Project will install a new traffic signal as well as bicycle and pedestrian improvements connecting to the
northeast towards the Lakeview on the Rise neighborhood. The bicycle and pedestrian improvements
implement the sidepath recommendation along College Avenue as identified in the adopted Active Modes
Plan, providing multimodal connectivity from Lakeview on the Rise to the Shenandoah and Ridgewood
Hills neighborhoods. The improvements at the intersection will meet ADA requirements.
The implementation of the bicycle and pedestrian improvements will necessitate acquisition of right-of-way
and easements from Natural Areas, requiring a future action before City Council. Coordination with FC
Moves, Natural Areas, and Real Estate Services Department staff has been underway to ensure
implementation of the Active Modes infrastructure minimizes impacts to the Pelican Marsh Natural Area.
City staff initially submitted to CDOT for Highway Safety Improvement Program (HSIP) funding in 2023 but
was not initially selected for funding. City staff continued discussions with CDOT providing additional
information requesting CDOT FASTER funding. Through this request, CDOT awarded $682,211 in
FASTER funds. CDOT also awarded $183,843 of CDOT ADA grant funds for ADA improvements for the
Project.
The Project amount of $682,211 was used for the APP program calculation. A portion of the funds
appropriated in this Ordinance for the Project are ineligible for use in the APP program due to restrictions
placed on them by Colorado Department of Transportation, the source of these funds.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the US 287 and Triangle Drive Signal Installation Project.
Page 86
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
The total fund amount projected for this Project is $1,548,265 composed of funds appropriated with this
action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Project was presented to Council Finance Committee on August 1, 2024. The committee supported
an off-cycle supplemental appropriation and was in favor of forwarding the appropriation request to City
Council. Approved minutes of the meeting are attached.
PUBLIC OUTREACH
Staff will develop and implement a Public Engagement Plan for the Project in conjunction with the
Communications and Public Involvement Office.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Ordinance for Consideration
4. US 287 and Triangle Drive Signal Installation Project – Vicinity Map
5. Council Finance Committee Meeting Minutes, August 1, 2024
Page 87
Item 6.
-1-
RESOLUTION 2024-120
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS, COLORADO, AND THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR THE US 287 AND TRIANGLE DRIVE
SIGNAL INSTALLATION PROJECT
A. The intersection of College Avenue and Triangle Drive is a “T” intersection
that is currently side street stop-controlled with high traffic speeds and volumes on
College Avenue (also known as “US 287”).
B. The Shenandoah and Ridgewood Hills neighborhoods on the west side of
College Avenue access this intersection from Triangle Drive. Lakeview on the Rise is a
neighborhood on the east side of College Avenue northeast of the intersection. Directly
east of the intersection is the Pelican Marsh Natural Area owned by the City’s Natural
Areas Department (“Natural Areas”). The intersection will remain a “T” intersection as
there is no intention of Natural Areas extending Triangle Drive east of College Avenue.
C. City staff determined that a traffic signal is warranted due to severe crash
history at this intersection and has developed the US 287 and Triangle Drive Signal
Installation Project (the “Project”) to improve vehicular, bicycle, and pedestrian safety in
and around the intersection.
D. The Project will install a new traffic signal as well as bicycle and pedestrian
improvements connecting to the northeast towards the Lakeview on the Rise
neighborhood. The bicycle and pedestrian improvements implement the sidepath
recommendation along College Avenue as identified in the adopted Active Modes Plan,
providing multimodal connectivity from Lakeview on the Rise to the Shenandoah and
Ridgewood Hills neighborhoods. The improvements at the intersection will meet
Americans with Disabilities Act (ADA) requirements.
E. The implementation of the bicycle and pedestrian improvements will
necessitate acquisition of right-of-way and easements from Natural Areas, requiring a
future action before City Council. Coordination with FC Moves, Natural Areas, and Real
Estate Services Department staff has been underway to ensure implementation of the
Active Modes infrastructure minimizes impacts to the Pelican Marsh Natural Area.
F. City staff initially submitted to the Colorado Department of Transportation
(CDOT) for Highway Safety Improvement Program funding in 2023 but was not initially
selected for funding. City staff continued discussions with CDOT providing additional
information requesting CDOT Funding Advancements for Surface Transportation and
Economic Recovery (FASTER) funding. Through this request, CDOT awarded $682,211
in FASTER funds. CDOT also awarded $183,843 of CDOT ADA grant funds for ADA
improvements for the Project.
Page 88
Item 6.
-2-
G. The Project was presented to Council Finance Committee on
August 1, 2024. The committee supported an off-cycle supplemental appropriation and
was in favor of forwarding the appropriation request to City Council.
H. CDOT administers the grant funds for the Project and has proposed an
intergovernmental agreement (“IGA”) between the City and CDOT to enable the City to
receive and expend the grant funds for the Project.
I. Colorado Revised Statutes Section 29-1-203 provides that governments
may cooperate or contract with one another to provide certain services or facilities when
the cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve.
J. Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish
governmental services and make charges for such services, or enter into cooperative or
joint activities with other governmental bodies.
K. City Code Section 1-22 requires the City Council to approve IGAs that
require the City to make a direct, monetary payment over $50,000, and the proposed IGA
requires the City to provide matching funds in the amount of $682,211.
L. The City Council has determined that this IGA with CDOT is in the best
interests of the City and that the Mayor be authorized to execute the IGA between the
City and CDOT in support thereof.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council authorizes the Mayor to execute, on behalf of the
City, an intergovernmental agreement with the Colorado Department of Transportation
relating to the US 287 and Triangle Drive Signal Installation Project, in substantially the
form attached hereto as Exhibit A, with such additional or modified terms and conditions
as the City Manager, in consultation with the City Attorney, determines to be necessary
and appropriate to protect the interests of the City or effectuate the purposes of this
Resolution.
Section 2. The City Council hereby authorizes the City Manager to approve and
execute future amendments to the intergovernmental agreement with the Colorado
Department of Transportation relating to the US 287 and Triangle Drive Signal Installation
Project that the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to facilitate completion of the US 287 and Triangle Drive
Signal Installation Project, so long as such amendments do not increase the cost of the
Project, substantially modify the purposes of the intergovernmental agreement, increase
the allocation or amount of funding for the Project funded by the City, or otherwise
Page 89
Item 6.
-3-
increase the obligations and responsibilities of the City as set forth in this
intergovernmental agreement.
Passed and adopted on October 1, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 1, 2024
Approving Attorney: Heather N. Jarvis
Page 90
Item 6.
OLA #: 331003477
Routing #: 25-HA4-XC-00144
Document Builder Generated Page 1 of 29
STATE OF COLORADO INTERGOVERNMENTAL AGREEMENT
Signature and Cover Page
Department of Transportation 25-HA4-XC-00144
CITY OF FORT COLLINS
Agreement Effective Date
The later of the effective date or
Agreement Description
US287 & Triangle Dr. Signal Installation
Agreement Expiration Date
September 05, 2034
Project #
FSA M455-
159 (26230)
Region #
R4
Contract Writer
DMM
Agreement Maximum Amount
$1,548,265.00
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that he or she is duly authorized to execute this
Agreement and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
___________________________________________
Keith Stefanik, P.E., Chief Engineer
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
___________________________________________
Assistant Attorney General
___________________________________________
By: (Print Name and Title)
Date: _________________________
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ___________________________________________
Department of Transportation
Effective Date: _____________________
LOCAL AGENCY
CITY OF FORT COLLINS
By:________________________________________________
*Signature
Name:______________________________________________
(Print Name)
Title:_______________________________________________
(Print Title)
Date:_____________________________________________
SECOND LOCAL AGENCY SIGNATURE,
IF NEEDED
CITY OF FORT COLLINS
By:________________________________________________
*Signature
Name:______________________________________________
(Print Name)
Title:_______________________________________________
(Print Title)
Date:_____________________________________________
EXHIBIT A TO RESOLUTION 2024-120
Page 91
Item 6.
OLA #: 331003477
Routing #: 25-HA4-XC-00144
Document Builder Generated Page 2 of 29
TABLE OF CONTENTS
1. PARTIES ................................................................................................................................................. 2
2. TERM AND EFFECTIVE DATE ........................................................................................................... 2
3. AUTHORITY .......................................................................................................................................... 3
4. PURPOSE ................................................................................................................................................ 4
5. DEFINITIONS ........................................................................................................................................ 4
6. SCOPE OF WORK ................................................................................................................................. 7
7. PAYMENTS .......................................................................................................................................... 11
8. REPORTING - NOTIFICATION ......................................................................................................... 15
9. LOCAL AGENCY RECORDS ............................................................................................................. 16
10. CONFIDENTIAL INFORMATION-STATE RECORDS .................................................................... 17
11. CONFLICTS OF INTEREST ................................................................................................................ 18
12. INSURANCE ........................................................................................................................................ 18
13. BREACH ............................................................................................................................................... 20
14. REMEDIES ........................................................................................................................................... 21
15. DISPUTE RESOLUTION ..................................................................................................................... 22
16. NOTICES AND REPRESENTATIVES ............................................................................................... 23
17. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 23
18. GOVERNMENTAL IMMUNITY ........................................................................................................ 24
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM .................................................................... 24
20. GENERAL PROVISIONS .................................................................................................................... 25
21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 27
22. FEDERAL REQUIREMENTS ............................................................................................................. 29
23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ..................................................................... 29
EXHIBIT A, SCOPE OF WORK
EXHIBIT B, SAMPLE OPTION LETTER
EXHIBIT C, FUNDING PROVISIONS (Budget)
EXHIBIT D, LOCAL AGENCY RESOLUTION
EXHIBIT E, LOCAL AGENCY AGREEMENT ADMINISTRATION CHECKLIST
EXHIBIT F, CERTIFICATION FOR FEDERAL-AID AGREEMENTS
EXHIBIT G, DISADVANTAGED BUSINESS ENTERPRISE
EXHIBIT H, LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
EXHIBIT I, FEDERAL-AID AGREEMENT PROVISIONS FOR CONSTRUCTION AGREEMENTS
EXHIBIT J, ADDITIONAL FEDERAL REQUIREMENTS
EXHIBIT K, FFATA SUPPLEMENTAL FEDERAL PROVISIONS
EXHIBIT L, SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT FORM
EXHIBIT M, OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS
EXHIBIT N, FEDERAL TREASURY PROVISIONS
EXHIBIT O, AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
EXHIBIT P, SLFRF SUBRECIPIENT QUARTERLY REPORT
EXHIBIT Q, SLFRF REPORTING MODIFICATION FORM
EXHIBIT R, APPLICABLE FEDERAL AWARDS
EXHIBIT S, PII CERTIFICATION
EXHIBIT T, CHECKLIST OF REQUIRED EXHIBITS DEPENDENT ON FUNDING SOURCE
1. PARTIES
This Agreement is entered into by and between Local Agency named on the Signature and Cover Page for this
Agreement (“Local Agency”), and the STATE OF COLORADO acting by and through the State agency named
on the Signature and Cover Page for this Agreement (the “State” or “CDOT”). Local Agency and the State agree
to the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
EXHIBIT A TO RESOLUTION 2024-120
Page 92
Item 6.
OLA #: 331003477
Routing #: 25-HA4-XC-00144
Document Builder Generated Page 3 of 29
This Agreement shall not be valid or enforceable until the Effective Date, and Agreement Funds shall be
expended within the dates shown in Exhibit C for each respective phase (“Phase Performance Period(s)”).
The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have
no obligation to pay Local Agency for any Work performed or expense incurred before 1) the Effective Date
of this original Agreement; except as described in §7.D; 2) before the encumbering document for the
respective phase and the official Notice to Proceed for the respective phase; or 3) after the Final Phase
Performance End Date, as shown in Exhibit C. Additionally, the State shall have no obligation to pay Local
Agency for any Work performed or expense incurred after the Agreement Expiration Date or after required
billing deadline specified in §7.B.i.e., or the expiration of “Special Funding” if applicable, whichever is
sooner. The State’s obligation to pay Agreement Funds exclusive of Special Funding will continue until the
Agreement Expiration Date. If Agreement Funds expire before the Agreement Expiration Date, then no
payments will be made after expiration of Agreement Funds.
B. Initial Term and Extension
The Parties’ respective performances under this Agreement shall commence on the Agreement Effective
Date shown on the Signature and Cover Page for this Agreement and shall terminate on September 05, 2034
as shown on the Signature and Cover Page for this Agreement, unless sooner terminated or further extended
in accordance with the terms of this Agreement. Upon request of Local Agency, the State may, in its sole
discretion, extend the term of this Agreement by Option Letter pursuant §7.E.iv. If the Work will be
performed in multiple phases, the period of performance start and end date of each phase is detailed under
the Project Schedule in Exhibit C.
C. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, and this ARPA Award is not appropriated, or otherwise become unavailable to fund this ARPA Award
the State, in its discretion, may terminate this Agreement in whole or in part. This subsection shall not apply
to a termination of this Agreement by the State for breach by Local Agency, which shall be governed by
§14.A.i.
i. Method and Content
The State shall notify Local Agency by providing written notice to Local Agency of the termination and
be in accordance with §16. The notice shall specify the effective date of the termination and whether it
affects all or a portion of this Agreement.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Local Agency shall be subject
to §14.A.i.a
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Local Agency an amount
equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Local Agency for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Local Agency which are directly attributable to the
uncompleted portion of Local Agency’s obligations, provided that the sum of any and all reimbursement
shall not exceed the maximum amount payable to Local Agency hereunder. This subsection shall not
apply to a termination of this ARPA Award by the State for breach by Local Agency.
D. Local Agency Termination Under Federal Requirements
Local Agency may request termination of the ARPA Award by sending notice to the State, which includes
the effective date of the termination. If this ARPA Award is terminated in this manner, then Local Agency
shall return any advanced payments made for work that will not be performed prior to the effective date of
the termination.
3. AUTHORITY
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Authority to enter into this Agreement exists in the law as follows:
A. Federal Authority
Pursuant to Title I, Subtitle A, of the “Fixing America’s Surface Transportation Act” (FAST Act) of 2015,
and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23
of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the
“Federal Provisions”), certain federal funds have been and are expected to continue to be allocated for
transportation projects requested by Local Agency and eligible under the Surface Transportation
Improvement Program that has been proposed by the State and approved by the Federal Highway
Administration (“FHWA”).
Pursuant to Title VI of the Social Security Act, Section 602 of the “Coronavirus State and Local Fiscal
Recovery Funds”, a part of the American Rescue Plan, provides state, local and Tribal governments with the
resources needed to respond to the pandemic and its economic effects and to build a stronger, more equitable
economy during the recovery.
B. State Authority
Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible for
the general administration and supervision of performance of projects in the Program, including the
administration of federal funds for a Program project performed by a Local Agency under a contract with the
State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116, 43-2-
101(4)(c) and 43-2-104.5.
4. PURPOSE
The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT’s Stewardship
Agreement with the FHWA and/or USDT as shown in Exhibit C.
5. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “Agreement Funds” means the funds that have been appropriated, designated, encumbered, or otherwise
made available for payment by the State under this Agreement.
C. “ARPA” means American Rescue Plan Act, funded by the US Department of the Treasury (“USDT”). See
“SLFRF” below.
D. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award.
The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of
the Federal Award specifically indicate otherwise.
E. “Budget” means the budget for the Work described in Exhibit C.
F. “Business Day” means any day in which the State is open and conducting business, but shall not include
Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S..
G. “Chief Procurement Officer” means the individual to whom the Executive Director has delegated his or
her authority pursuant to §24-102-202 to procure or supervise the procurement of all supplies and services
needed by the State.
H. “CJI” means criminal justice information collected by criminal justice agencies needed for the performance
of their authorized functions, including, without limitation, all information defined as criminal justice
information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy, as amended and all Criminal Justice Records as defined under §24-
72-302, C.R.S.
I. “Consultant” means a professional engineer or designer hired by Local Agency to design the Work Product.
J. “Contractor” means the general construction contractor hired by Local Agency to construct the Work.
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K. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
L. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature and Cover Page for this Agreement.
M. “Evaluation” means the process of examining Local Agency’s Work and rating it based on criteria
established in §6, Exhibit A and Exhibit E.
N. “Exhibits” means the following exhibits attached to this Agreement:
i. Exhibit A, Scope of Work.
ii. Exhibit B, Sample Option Letter.
iii. Exhibit C, Funding Provisions
iv. Exhibit D, Local Agency Resolution
v. Exhibit E, Local Agency Contract Administration Checklist
vi. Exhibit F, Certification for Federal-Aid Contracts
vii. Exhibit G, Disadvantaged Business Enterprise
viii. Exhibit H, Local Agency Procedures for Consultant Services
ix. Exhibit I, Federal-Aid Contract Provisions for Construction Contracts
x. Exhibit J, Additional Federal Requirements
xi. Exhibit K, The Federal Funding Accountability and Transparency Act of 2006 (FFATA)
Supplemental Federal Provisions
xii. Exhibit L, Sample Sub-Recipient Monitoring and Risk Assessment Form
xiii. Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and
Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal
Awards (the “Uniform Guidance”)
xiv. Exhibit N, Federal Treasury Provisions
xv. Exhibit O, Agreement with Subrecipient of Federal Recovery Funds
xvi. Exhibit P, SLFRF Subrecipient Quarterly Report
xvii. Exhibit Q, SLFRF Reporting Modification Form
xviii. Exhibit R, Applicable Federal Awards
xix. Exhibit S, PII Certification
xx. Exhibit T, Checklist of Required Exhibits Dependent on Funding Source
O. “Expiration Date” means the date on which this Agreement expires, as shown on the Signature and Cover
Page for this Agreement.
P. “Extension Term” means the period of time by which the ARPA Expiration Date is extended by the State
through delivery of an updated ARPA Letter.
Q. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under
the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. “Federal Award” also
means an agreement setting forth the terms and conditions of the Federal Award. The term does not include
payments to a contractor or payments to an individual that is a beneficiary of a Federal program.
R. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. The US
Department of the Treasury is the Federal Awarding Agency for the Federal Award, which may be the
subject of this Agreement.
S. “FHWA” means the Federal Highway Administration, which is one of the twelve administrations under the
Office of the Secretary of Transportation at the U.S. Department of Transportation. FHWA provides
stewardship over the construction, maintenance and preservation of the Nation’s highways and tunnels.
FHWA is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement.
T. “Goods” means any movable material acquired, produced, or delivered by Local Agency as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Local Agency in
connection with the Services.
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U. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access or disclosure of State Confidential Information or of the unauthorized modification,
disruption, or destruction of any State Records.
V. “Initial Term” means the time period defined in §2.B.
W. “Local Funds” means the funds provided by the Local Agency as their obligated contribution to the federal
and/or State Awards to receive the federal and/or State funding.
X. “Notice to Proceed” means the letter issued by the State to the Local Agency stating the date the Local
Agency can begin work subject to the conditions of this Agreement.
Y. “OMB” means the Executive Office of the President, Office of Management and Budget.
Z. “Oversight” means the term as it is defined in the Stewardship Agreement between CDOT and the FHWA.
AA. “Party” means the State or Local Agency, and “Parties” means both the State and Local Agency.
BB. “PCI” means payment card information including any data related to credit card holders’ names, credit card
numbers, or the other credit card information as may be protected by state or federal law.
CC. “PHI” means any protected health information, including, without limitation any information whether oral
or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition
of an individual; the provision of health care to an individual; or the past, present or future payment for the
provision of health care to an individual; and (ii) that identifies the individual or with respect to which there
is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is
not limited to, any information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
DD. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual‘s identity, such as
name, social security number, date and place of birth, mother‘s maiden name, or biometric records; and any
other information that is linked or linkable to an individual, such as medical, educational, financial, and
employment information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501 C.R.S. “PII” shall also mean “personal identifying information” as
set forth at § 24-74-102, et. seq., C.R.S.
EE. “Recipient” means the Colorado Department of Transportation (CDOT) for this Federal Award.
FF. “Services” means the services to be performed by Local Agency as set forth in this Agreement and shall
include any services to be rendered by Local Agency in connection with the Goods.
GG. “SLFRF” means State and Local Fiscal Recovery Funds, provided by ARPA, funded by the US Treasury
Department.
HH. “Special Funding” means an award by Federal agency or the State which may include but is not limited to
one or a combination of Multimodal Transportation & Mitigation Options Funding, Revitalizing Main
Streets, Safer Main Streets, Stimulus Funds, Coronavirus Response and Relief Supplemental Funds, ARPA,
SLFRF, or COVID Relief.
II. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include, but is not limited to, PII and State personnel records not subject
to disclosure under CORA.
JJ. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a).
KK. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on
June 30 of the following calendar year. If a single calendar year follows the term, then it means the State
Fiscal Year ending in that calendar year.
LL. “State Purchasing Director” means the position described in the Colorado Procurement Code and its
implementing regulations.
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MM. “State Records” means any and all State data, information, and records, regardless of physical form,
including, but not limited to, information subject to disclosure under CORA.
NN. “Sub-Award” means this Award by the State to Local Agency funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to this Sub-Award unless the terms and
conditions of the Federal Award specifically indicate otherwise.
OO. “Subcontractor” means third parties, if any, engaged by Local Agency to aid in performance of the Work.
PP. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of
a Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient
may also be a recipient of other Federal Awards directly from a Federal Awarding Agency.
QQ. “Tax Information” means Federal and State of Colorado tax information including, without limitation,
Federal and State tax returns, return information, and such other tax-related information as may be protected
by Federal and State law and regulation. Tax Information includes but is not limited to all information
defined as Federal tax Information in Internal Revenue Service Publication 1075.
RR. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB
Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single
Audit Act follow-up.
SS. “USDT” The United States Department of the Treasury (USDT) is the national treasury and finance
department of the federal government of the United States where it serves as an executive department. The
USDT funds ARPA.
TT. “Work” means the delivery of the Goods and performance of the Services in compliance with CDOT’s
Local Agency Manual described in this Agreement.
UU. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs,
negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and
any other results of the Work. “Work Product” does not include any material that was developed prior to
the Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined
in that Exhibit.
6. SCOPE OF WORK
Local Agency shall complete the Work as described in this Agreement and in accordance with the provisions of
Exhibit A, and the Local Agency Manual. The State shall have no liability to compensate Local Agency for the
delivery of any Goods or the performance of any Services that are not specifically set forth in this Agreement.
Work may be divided into multiple phases that have separate periods of performance. The State may not
compensate for Work that Local Agency performs outside of its designated phase performance period. The
performance period of phases, including, but not limited to Design, Construction, Right of Way, Utilities, or
Environment phases, are identified in Exhibit C. The State may unilaterally modify Exhibit C from time to time,
at its sole discretion, to extend the Agreement Expiration Date and/or to extend the period of performance for a
phase of Work authorized under this Agreement. To exercise these options to extend the Agreement Expiration
Date and/or to update the phase performance period extension option, the State will provide written notice to
Local Agency in a form substantially equivalent to Exhibit B. The State’s unilateral extension of the Agreement
Expiration Date and/or the phase performance periods will not amend or alter in any way the funding provisions
or any other terms specified in this Agreement, notwithstanding the options listed under §7.E
A. Local Agency Commitments
i. Design
If the Work includes preliminary design, final design, design work sheets, or special provisions and
estimates (collectively referred to as the “Plans”), Local Agency shall ensure that it and its Contractors
comply with and are responsible for satisfying the following requirements:
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a. Perform or provide the Plans to the extent required by the nature of the Work.
b. Prepare final design in accordance with the requirements of the latest edition of the American
Association of State Highway Transportation Officials (AASHTO) manual or other standard, such
as the Uniform Building Code, as approved by the State.
c. Prepare provisions and estimates in accordance with the most current version of the State’s Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local
Agency specifications if approved by the State.
d. Include details of any required detours in the Plans in order to prevent any interference of the
construction Work and to protect the traveling public.
e. Stamp the Plans as produced by a Colorado registered professional engineer.
f. Provide final assembly of Plans and all other necessary documents.
g. Ensure the Plans are accurate and complete.
h. Make no further changes in the Plans following the award of the construction contract to Contractor
unless agreed to in writing by the Parties. The Plans shall be considered final when approved in
writing by CDOT, and when final, they will be deemed incorporated herein.
ii. Local Agency Work
a. Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA)
42 U.S.C. § 12101, et. seq., and applicable federal regulations and standards as contained in the
document “ADA Accessibility Requirements in CDOT Transportation Projects”.
b. Local Agency shall afford the State ample opportunity to review the Plans and shall make any
changes in the Plans that are directed by the State to comply with FHWA requirements.
c. Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans
and/or construction administration. Provided, however, if federal-aid funds are involved in the cost
of such Work to be done by such Consultant, such Consultant contract (and the performance
provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R.
Part 172 and with any procedures implementing those requirements as provided by the State,
including those in Exhibit H. If Local Agency enters into a contract with a Consultant for the Work:
1) Local Agency shall submit a certification that procurement of any Consultant contract complies
with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract,
subject to the State’s approval. If not approved by the State, Local Agency shall not enter into
such Consultant contract.
2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by
the State and FHWA and that they are in writing. Immediately after the Consultant contract has
been awarded, one copy of the executed Consultant contract and any amendments shall be
submitted to the State.
3) Local Agency shall require that all billings under the Consultant contract comply with the
State’s standardized billing format. Examples of the billing formats are available from the
CDOT Agreements Office.
4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the
CDOT procedures described in Exhibit H to administer the Consultant contract.
5) Local Agency may expedite any CDOT approval of its procurement process and/or Consultant
contract by submitting a letter to CDOT from Local Agency’s attorney/authorized
representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d).
6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49
CFR 18.36(i) and contains the following language verbatim:
(a) The design work under this Agreement shall be compatible with the requirements of the
contract between Local Agency and the State (which is incorporated herein by this
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reference) for the design/construction of the project. The State is an intended third-party
beneficiary of this agreement for that purpose.
(b) Upon advertisement of the project work for construction, the consultant shall make
available services as requested by the State to assist the State in the evaluation of
construction and the resolution of construction problems that may arise during the
construction of the project.
(c) The consultant shall review the construction Contractor’s shop drawings for conformance
with the contract documents and compliance with the provisions of the State’s publication,
Standard Specifications for Road and Bridge Construction, in connection with this work.
(d) The State, in its sole discretion, may review construction plans, special provisions and
estimates and may require Local Agency to make such changes therein as the State
determines necessary to comply with State and FHWA requirements.
iii. Construction
If the Work includes construction, Local Agency shall perform the construction in accordance with the
approved design plans and/or administer the construction in accordance with Exhibit E. Such
administration shall include Work inspection and testing; approving sources of materials; performing
required plant and shop inspections; documentation of contract payments, testing and inspection
activities; preparing and approving pay estimates; preparing, approving and securing the funding for
contract modification orders and minor contract revisions; processing construction Contractor claims;
construction supervision; and meeting the quality control requirements of the FHWA/CDOT
Stewardship Agreement, as described in Exhibit E.
a. The State may, after providing written notice of the reason for the suspension to Local Agency,
suspend the Work, wholly or in part, due to the failure of Local Agency or its Contractor to correct
conditions which are unsafe for workers or for such periods as the State may deem necessary due to
unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for
any other condition or reason deemed by the State to be in the public interest.
b. Local Agency shall be responsible for the following:
1) Appointing a qualified professional engineer, licensed in the State of Colorado, as Local
Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall
administer the Work in accordance with this Agreement, the requirements of the construction
contract and applicable State procedures, as defined in the CDOT Local Agency Manual
(https://www.codot.gov/business/designsupport/bulletins_manuals/2006-local-agency-
manual).
2) For the construction Services, advertising the call for bids, following its approval by the State,
and awarding the construction contract(s) to the lowest responsible bidder(s).
(a) All Local Agency’s advertising and bid awards pursuant to this Agreement shall comply
with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635 and
C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that Local
Agency and its Contractor(s) incorporate Form 1273 (Exhibit I) in its entirety, verbatim,
into any subcontract(s) for Services as terms and conditions thereof, as required by 23
C.F.R. 633.102(e).
(b) Local Agency may accept or reject the proposal of the apparent low bidder for Work on
which competitive bids have been received. Local Agency must accept or reject such bids
within three (3) working days after they are publicly opened.
(c) If Local Agency accepts bids and makes awards that exceed the amount of available
Agreement Funds, Local Agency shall provide the additional funds necessary to complete
the Work or not award such bids.
(d) The requirements of §6.A.iii.b.2 also apply to any advertising and bid awards made by the
State.
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(e) The State (and in some cases FHWA) must approve in advance all Force Account
Construction, and Local Agency shall not initiate any such Services until the State issues a
written Notice to Proceed.
iv. Right of Way (ROW) and Acquisition/Relocation
a. If Local Agency purchases a ROW for a State highway, including areas of influence, Local Agency
shall convey the ROW to CDOT promptly upon the completion of the project/construction.
b. Any acquisition/relocation activities shall comply with all applicable federal and State statutes and
regulations, including but not limited to, the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, the Uniform Relocation Assistance and Real Property
Acquisition Policies for Federal and Federally Assisted Programs, as amended (49 C.F.R. Part 24),
CDOT’s Right of Way Manual, and CDOT’s Policy and Procedural Directives.
c. The Parties’ respective responsibilities for ensuring compliance with acquisition, relocation and
incidentals depend on the level of federal participation as detailed in CDOT’s Right of Way Manual
(located at http://www.codot.gov/business/manuals/right-of-way); however, the State always
retains oversight responsibilities.
d. The Parties’ respective responsibilities at each level of federal participation in CDOT’s Right of
Way Manual, and the State’s reimbursement of Local Agency costs will be determined pursuant the
following categories:
1) Right of way acquisition (3111) for federal participation and non-participation;
2) Relocation activities, if applicable (3109);
3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of
way – 3114).
v. Utilities
If necessary, Local Agency shall be responsible for obtaining the proper clearance or approval from any
utility company that may become involved in the Work. Prior to the Work being advertised for bids,
Local Agency shall certify in writing to the State that all such clearances have been obtained.
vi. Railroads
If the Work involves modification of a railroad company’s facilities and such modification will be
accomplished by the railroad company, Local Agency shall make timely application to the Public
Utilities Commission (“PUC”) requesting its order providing for the installation of the proposed
improvements. Local Agency shall not proceed with that part of the Work before obtaining the PUC’s
order. Local Agency shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 C.F.R. 646, subpart B, concerning federal-aid projects
involving railroad facilities, and:
a. Execute an agreement with the railroad company setting out what work is to be accomplished and
the location(s) thereof, and which costs shall be eligible for federal participation.
b. Obtain the railroad’s detailed estimate of the cost of the Work.
c. Establish future maintenance responsibilities for the proposed installation.
d. Proscribe in the agreement the future use or dispositions of the proposed improvements in the event
of abandonment or elimination of a grade crossing.
e. Establish future repair and/or replacement responsibilities, as between the railroad company and the
Local Agency, in the event of accidental destruction or damage to the installation.
vii. Environmental Obligations
Local Agency shall perform all Work in accordance with the requirements of current federal and State
environmental regulations, including the National Environmental Policy Act of 1969 (NEPA) as
applicable.
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viii. Maintenance Obligations
Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and
expense during their useful life, in a manner satisfactory to the State and FHWA. Local Agency shall
conduct such maintenance and operations in accordance with all applicable statutes, ordinances, and
regulations pertaining to maintaining such improvements. The State and FHWA may make periodic
inspections to verify that such improvements are being adequately maintained.
ix. Monitoring Obligations
Local Agency shall respond in a timely manner to and participate fully with the monitoring activities
described in §7.F.vi.
B. State’s Commitments
i. The State will perform a final project inspection of the Work as a quality control/assurance activity.
When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212.
ii. Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable
or responsible in any manner for the structural design, details or construction of any Work constituting
major structures designed by, or that are the responsibility of, Local Agency, as identified in Exhibit E.
7. PAYMENTS
A. Maximum Amount
Payments to Local Agency are limited to the unpaid, obligated balance of the Agreement Funds set forth in
Exhibit C. The State shall not pay Local Agency any amount under this Agreement that exceeds the
Agreement Maximum set forth in Exhibit C.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Local Agency in the amounts and in accordance with conditions set forth in
Exhibit C.
b. Local Agency shall initiate payment requests by invoice to the State, in a form and manner approved
by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Local Agency and previously
accepted by the State during the term that the invoice covers. If the State determines that the amount
of any invoice is not correct, then Local Agency shall make all changes necessary to correct that
invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables
provided under the Agreement.
e. If a project is funded in part with Federal or State special funding there may be an expiration date
for the funds. The expiration date applies to grants and local funds used to match grants. To receive
payment or credit for the match, Work must be completed or substantially completed, as outlined in
the terms of the grant, prior to the expiration date of the special funding and invoiced in compliance
with the rules outlined in the award of the funding. The acceptance of an invoice shall not constitute
acceptance of any Work performed or deliverables provided under the Agreement.
ii. Interest
Amounts not paid by the State within 45 days after the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 46th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Local Agency shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days interest
to be paid and the interest rate.
iii. Payment Disputes
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If Local Agency disputes any calculation, determination, or amount of any payment, Local Agency shall
notify the State in writing of its dispute within 30 days following the earlier to occur of Local Agency’s
receipt of the payment or notification of the determination or calculation of the payment by the State.
The State will review the information presented by Local Agency and may make changes to its
determination based on this review. The calculation, determination, or payment amount that results from
the State’s review shall not be subject to additional dispute under this subsection. No payment subject to
a dispute under this subsection shall be due until after the State has concluded its review, and the State
shall not pay any interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
a. The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Local Agency beyond the current State Fiscal Year is contingent on the
appropriation and continuing availability of Agreement Funds in any subsequent year (as provided
in the Colorado Special Provisions). If federal funds or funds from any other non-State funds
constitute all or some of the Agreement Funds, the State’s obligation to pay Local Agency shall be
contingent upon such non-State funding continuing to be made available for payment. Payments to
be made pursuant to this Agreement shall be made only from Agreement Funds, and the State’s
liability for such payments shall be limited to the amount remaining of such Agreement Funds. If
State, federal or other funds are not appropriated, or otherwise become unavailable to fund this
Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part,
without incurring further liability. The State shall, however, remain obligated to pay for Services
and Goods that are delivered and accepted prior to the effective date of notice of termination, and
this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.C.
b. If the agreement funds are terminated, the State can terminate the contract early. Payment due for
work done to the date of termination will be processed in a manner consistent with §2.C.
v. Erroneous Payments
The State may recover, at the State’s discretion, payments made to Local Agency in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds
received by Local Agency. The State may recover such payments by deduction from subsequent
payments under this Agreement, deduction from any payment due under any other contracts, grants or
agreements between the State and Local Agency, or by any other appropriate method for collecting debts
owed to the State. The close out of a Federal Award does not affect the right of FHWA or the State to
disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period (as defined below in §9.A.).
vi. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State
to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period, as defined below.
C. Local Agency Funds
Local Agency shall provide their obligated contribution funds as outlined in §7.A. and Exhibit C. Local
Agency shall have raised the full amount of their funds prior to the Effective Date and shall report to the
State regarding the status of such funds upon request. Local Agency’s obligation to pay all or any part of any
matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the
purposes of this Agreement by the authorized representatives of Local Agency and paid into Local Agency’s
treasury. Local Agency represents to the State that the amount designated “Local Agency Funds” in Exhibit
C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid
into its treasury. Local Agency may evidence such obligation by an appropriate ordinance/resolution or other
authority letter expressly authorizing Local Agency to enter into this Agreement and to expend its match
share of the Work. A copy of any such ordinance/resolution or authority letter is attached hereto as Exhibit
D if applicable. Local Agency does not by this Agreement irrevocably pledge present cash reserves for
payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of
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Local Agency. Local Agency shall not pay or be liable for any claimed interest, late charges, fees, taxes, or
penalties of any nature, except as required by Local Agency’s laws or policies.
D. Reimbursement of Local Agency Costs
The State shall reimburse Local Agency’s allowable costs, not exceeding the maximum total amount
described in Exhibit C and §7. However, any costs incurred by Local Agency prior to the Effective Date
shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award
funding is retroactive. The State shall pay Local Agency for costs or expenses incurred or performance by
the Local Agency prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2)
federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the Local
Agency. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance
with the provisions of this Agreement. The applicable principles described in 2 C.F.R. Part 200 shall govern
the State’s obligation to reimburse all costs incurred by Local Agency and submitted to the State for
reimbursement hereunder, and Local Agency shall comply with all such principles. The State shall reimburse
Local Agency for the federal-aid share of properly documented costs related to the Work after review and
approval thereof, subject to the provisions of this Agreement and Exhibit C. Local Agency costs for Work
performed prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs
and indication that the Federal Award funding is retroactive. Local Agency costs for Work performed after
any Performance Period End Date for a respective phase of the Work, is not reimbursable. Allowable costs
shall be:
i. Reasonable and necessary to accomplish the Work and for the Goods and Services provided.
ii. Actual net cost to Local Agency (i.e. the price paid minus any items of value received by Local Agency
that reduce the cost actually incurred).
E. Unilateral Modification of Agreement Funds Budget by State Option Letter
The State may, at its discretion, issue an “Option Letter” to Local Agency to add or modify Work phases in
the Work schedule in Exhibit C if such modifications do not increase total budgeted Agreement Funds. Such
Option Letters shall amend and update Exhibit C, Sections 2 or 4 of the Table, and sub-sections B and C of
the Exhibit C. Option Letters shall not be deemed valid until signed by the State Controller or an authorized
delegate. This is NOT a Notice to Proceed. Modification of Exhibit C by unilateral Option Letter is
permitted only in the specific scenarios listed below. The State will exercise such options by providing Local
Agency a fully executed Option Letter, in a form substantially equivalent to Exhibit B. Such Option Letters
will be incorporated into this Agreement. This applies to the entire Scope of Work.
i. Option to Begin a Phase and/or Increase or Decrease the Encumbrance Amount
The State may require by Option Letter that Local Agency begin a new Work phase that may include
Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous Work (but may not
include Right of Way Acquisition/Relocation or Railroads) as detailed in Exhibit A. Such Option
Letters may not modify the other terms and conditions stated in this Agreement and must decrease the
amount budgeted and encumbered for one or more other Work phases so that the total amount of
budgeted Agreement Funds remains the same. The State may also change the funding sources so long
as the amount budgeted remains the same and the Local Agency contribution does not increase. The
State may also issue a unilateral Option Letter to increase and/or decrease the total encumbrance amount
of two or more existing Work phases, as long as the total amount of budgeted Agreement Funds remains
the same, replacing the original Agreement Funding exhibit (Exhibit C) with an updated Exhibit C-1
(with subsequent exhibits labeled C-2, C-3, etc.).
ii. Option to Transfer Funds from One Phase to Another Phase.
The State may require or permit Local Agency to transfer Agreement Funds from one Work phase
(Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another phase
as a result of changes to State, federal, and local match funding. In such case, the original funding exhibit
(Exhibit C) will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3,
etc.) attached to the Option Letter. The Agreement Funds transferred from one Work phase to another
are subject to the same terms and conditions stated in the original Agreement with the total budgeted
Agreement Funds remaining the same. The State may unilaterally exercise this option by providing a
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fully executed Option Letter to Local Agency within thirty (30) days before the initial targeted start date
of the Work phase, in a form substantially equivalent to Exhibit B.
iii. Option to Exercise Options i and ii.
The State may require Local Agency to add a Work phase as detailed in Exhibit A, and encumber and
transfer Agreement Funds from one Work phase to another. The original funding exhibit (Exhibit C) in
the original Agreement will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled
C-2, C-3, etc.) attached to the Option Letter. The addition of a Work phase and encumbrance and transfer
of Agreement Funds are subject to the same terms and conditions stated in the original Agreement with
the total budgeted Agreement Funds remaining the same. The State may unilaterally exercise this option
by providing a fully executed Option Letter to Local Agency within 30 days before the initial targeted
start date of the Work phase, in a form substantially equivalent to Exhibit B.
iv. Option to Extend Agreement/Phase Term and/or modify the OMB Uniform Guidance. The State, at its
discretion, shall have the option to extend the term of this Agreement and/or update a Work Phase
Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined
in Exhibit C. Any updated version of Exhibit C shall be attached to any executed Option Letter as
Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.). In order to exercise this option, the State
shall provide written notice to the Local Agency in a form substantially equivalent to Exhibit B.
F. Accounting
Local Agency shall establish and maintain accounting systems in accordance with generally accepted
accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting
scheme). Such accounting systems shall, at a minimum, provide as follows:
i. Local Agency Performing the Work
If Local Agency is performing the Work, it shall document all allowable costs, including any approved
Services contributed by Local Agency or subcontractors, using payrolls, time records, invoices,
contracts, vouchers, and other applicable records.
ii. Local Agency-Checks or Draws
Checks issued or draws made by Local Agency shall be made or drawn against properly signed vouchers
detailing the purpose thereof. Local Agency shall keep on file all checks, payrolls, invoices, contracts,
vouchers, orders, and other accounting documents in the office of Local Agency, clearly identified,
readily accessible, and to the extent feasible, separate and apart from all other Work documents.
iii. State-Administrative Services
The State may perform any necessary administrative support services required hereunder. Local Agency
shall reimburse the State for the costs of any such services from the budgeted Agreement Funds as
provided for in Exhibit C. If FHWA Agreement Funds are or become unavailable, or if Local Agency
terminates this Agreement prior to the Work being approved by the State or otherwise completed, then
all actual incurred costs of such services and assistance provided by the State shall be reimbursed to the
State by Local Agency at its sole expense.
iv. Local Agency-Invoices
Local Agency’s invoices shall describe in detail the reimbursable costs incurred by Local Agency for
which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and Local
Agency shall not submit more than one invoice per month.
v. Invoicing Within 60 Days
The State shall not be liable to reimburse Local Agency for any costs invoiced more than 60 days after
the date on which the costs were incurred, including costs included in Local Agency’s final invoice. The
State may withhold final payment to Local Agency at the State’s sole discretion until completion of final
audit. Any costs incurred by Local Agency that are not allowable under 2 C.F.R. Part 200 shall be Local
Agency’s responsibility, and the State will deduct such disallowed costs from any payments due to Local
Agency. The State will not reimburse costs for Work performed after the Performance Period End Date
for a respective Work phase. The State will not reimburse costs for Work performed prior to Performance
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Period End Date, but for which an invoice is received more than 60 days after the Performance Period
End Date.
vi. Risk Assessment & Monitoring
Pursuant to 2 C.F.R. 200.331(b), – CDOT will evaluate Local Agency’s risk of noncompliance with
federal statutes, regulations, and terms and conditions of this Agreement. Local Agency shall complete
a Risk Assessment Form (Exhibit L) when that may be requested by CDOT. The risk assessment is a
quantitative and/or qualitative determination of the potential for Local Agency’s non-compliance with
the requirements of the Federal Award. The risk assessment will evaluate some or all of the following
factors:
• Experience: Factors associated with the experience and history of the Subrecipient with the same or
similar Federal Awards or grants.
• Monitoring/Audit: Factors associated with the results of the Subrecipient’s previous audits or
monitoring visits, including those performed by the Federal Awarding Agency, when the
Subrecipient also receives direct federal funding. Include audit results if Subrecipient receives single
audit, where the specific award being assessed was selected as a major program.
• Operation: Factors associated with the significant aspects of the Subrecipient’s operations, in which
failure could impact the Subrecipient’s ability to perform and account for the contracted goods or
services.
• Financial: Factors associated with the Subrecipient’s financial stability and ability to comply with
financial requirements of the Federal Award.
• Internal Controls: Factors associated with safeguarding assets and resources, deterring and detecting
errors, fraud and theft, ensuring accuracy and completeness of accounting data, producing reliable
and timely financial and management information, and ensuring adherence to its policies and plans.
• Impact: Factors associated with the potential impact of a Subrecipient’s non-compliance to the
overall success of the program objectives.
• Program Management: Factors associated with processes to manage critical personnel, approved
written procedures, and knowledge of rules and regulations regarding federal-aid projects.
Following Local Agency’s completion of the Risk Assessment Tool (Exhibit L), CDOT will determine
the level of monitoring it will apply to Local Agency’s performance of the Work. This risk assessment
may be re-evaluated after CDOT begins performing monitoring activities.
G. Close Out
Local Agency shall close out this Award within 90 days after the Final Phase Performance End Date. If
SLFRF Funds are used the Local Agency shall close out that portion of the Award within 45 days after the
ARPA Award Expiration Date. Close out requires Local Agency’s submission to the State of all deliverables
defined in this Agreement, and Local Agency’s final reimbursement request or invoice. The State will
withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State
as substantially complete. If FHWA or US Treasury has not closed this Federal Award within one (1) year
and 90 days after the Final Phase Performance End Date due to Local Agency’s failure to submit required
documentation, then Local Agency may be prohibited from applying for new Federal Awards through the
State until such documentation is submitted and accepted.
8. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to §19 or pursuant to any exhibit, for any contract having a term
longer than 3 months, Local Agency shall submit, on a quarterly basis, a written report specifying progress
made for each specified performance measure and standard in this Agreement. Such progress report shall be
in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
to the State not later than ten (10) Business Days following the end of each calendar quarter or at such time
as otherwise specified by the State. If SLFRF Funds are used the report must be in the format of Exhibit P.
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B. Litigation Reporting
If Local Agency is served with a pleading or other document in connection with an action before a court or
other administrative decision making body, and such pleading or document relates to this Agreement or may
affect Local Agency’s ability to perform its obligations under this Agreement, Local Agency shall, within 10
days after being served, notify the State of such action and deliver copies of such pleading or document to
the State’s principal representative identified in §16.
C. Performance and Final Status
Local Agency shall submit all financial, performance and other reports to the State no later than 60 calendar
days after the Final Phase Performance End Date or sooner termination of this Agreement, containing an
Evaluation of Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder.
D. Violations Reporting
Local Agency must disclose, in a timely manner, in writing to the State and FHWA, all violations of federal
or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award.
Penalties for noncompliance may include suspension or debarment (2 CFR Part 180 and 31 U.S.C. 3321).
9. LOCAL AGENCY RECORDS
A. Maintenance
Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete
file of all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited
to the operation of programs) or Goods hereunder. Local Agency shall maintain such records for a period
(the “Record Retention Period”) pursuant to the requirements of the funding source and for a minimum of
three (3) years following the date of submission to the State of the final expenditure report, whichever is
longer, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly
or annual report, respectively. If any litigation, claim, or audit related to this Award starts before expiration
of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit
findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal
Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may notify Local
Agency in writing that the Record Retention Period shall be extended. For records for real property and
equipment, the Record Retention Period shall extend three (3) years following final disposition of such
property.
B. Inspection
Records during the Record Retention Period. Local Agency shall make Local Agency Records available
during normal business hours at Local Agency’s office or place of business, or at other mutually agreed upon
times or locations, upon no fewer than two (2) Business Days’ notice from the State, unless the State
determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State.
C. Monitoring
The State will monitor Local Agency’s performance of its obligations under this Agreement using procedures
as determined by the State. The State shall monitor Local Agency’s performance in a manner that does not
unduly interfere with Local Agency’s performance of the Work. Local Agency shall allow the State to
perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Local Agency.
The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at
any time during the term of this Agreement. The State shall monitor Local Agency’s performance in a
manner that does not unduly interfere with Local Agency’s performance of the Work. If Local Agency enters
into a subcontract with an entity that would also be considered a Subrecipient, then the subcontract entered
into by Local Agency shall contain provisions permitting both Local Agency and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
D. Final Audit Report
Local Agency shall promptly submit to the State a copy of any final audit report of an audit performed on
Local Agency’s records that relates to or affects this Agreement or the Work, whether the audit is conducted
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by Local Agency or a third party. Additionally, if Local Agency is required to perform a single audit under
2 CFR 200.501, et seq., then Local Agency shall submit a copy of the results of that audit to the State within
the same timelines as the submission to the federal government.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Local Agency shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State
Records that the State provides or makes available to Local Agency for the sole and exclusive benefit of the
State, unless those State Records are otherwise publicly available at the time of disclosure or are subject to
disclosure by Local Agency under CORA. Local Agency shall not, without prior written approval of the
State, use for Local Agency’s own benefit, publish, copy, or otherwise disclose to any third party, or permit
the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise
stated in this Agreement. Local Agency shall provide for the security of all State Confidential Information
in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable
laws, rules, policies, publications, and guidelines. Local Agency shall immediately forward any request or
demand for State Records to the State’s principal representative. If Local Agency or any of its Subcontractors
will or may receive the following types of data, Local Agency or its Subcontractors shall provide for the
security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for
all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information
attached to this Award as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard
from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S.
Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security
Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and
the HIPAA Business Associate Agreement attached to this Award, if applicable. Local Agency shall
immediately forward any request or demand for State Records to the State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
Local Agency may provide State Records to its agents, employees, assigns and Subcontractors as necessary
to perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement. Local
Agency shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements
with provisions at least as protective as those in this Agreement, and that the nondisclosure agreements are
in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Local Agency shall provide copies of those signed nondisclosure agreements to the State upon
request.
C. Use, Security, and Retention
Local Agency shall use, hold and maintain State Confidential Information in compliance with any and all
applicable laws and regulations in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information wherever located. Local
Agency shall provide the State with access, subject to Local Agency’s reasonable security requirements, for
purposes of inspecting and monitoring access and use of State Confidential Information and evaluating
security control effectiveness. Upon the expiration or termination of this Agreement, Local Agency shall
return State Records provided to Local Agency or destroy such State Records and certify to the State that it
has done so, as directed by the State. If Local Agency is prevented by law or regulation from returning or
destroying State Confidential Information, Local Agency warrants it will guarantee the confidentiality of,
and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Local Agency becomes aware of any Incident, it shall notify the State immediately and cooperate with the
State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the
State. Unless Local Agency can establish that none of Local Agency or any of its agents, employees, assigns,
or Subcontractors are the cause or source of the Incident, Local Agency shall be responsible for the cost of
notifying each person who may have been impacted by the Incident. After an Incident, Local Agency shall
take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which
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may include, but is not limited to, developing, and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding Personally Identifying Information “PII”
If Local Agency or any of its Subcontracts will or may receive PII under this agreement, Local Agency shall
provide for the security for such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer
access security, data access security, data storage encryption, data transmission encryption, security
inspections, and audits. Local Agency shall be a “Third Party Service Provider” as defined in §24-73-
103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq.,
C.R.S. In addition, as set forth in § 24-74-102, et. seq., C.R.S., Contractor, including, but not limited to,
Contractor’s employees, agents and Subcontractors, agrees not to share any PII with any third parties for the
purpose of investigating for, participating in, cooperating with, or assisting with Federal immigration
enforcement. If Contractor is given direct access to any State databases containing PII, Contractor shall
execute, on behalf of itself and its employees, the certification attached hereto as Exhibit S on an annual
basis Contractor’s duty and obligation to certify as set forth in Exhibit S shall continue as long as Contractor
has direct access to any State databases containing PII. If Contractor uses any Subcontractors to perform
services requiring direct access to State databases containing PII, the Contractor shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis, so long as the
Subcontractor has access to State databases containing PII.
11. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Local Agency shall not engage in any business or activities or maintain any relationships that conflict in any
way with the full performance of the obligations of Local Agency under this Agreement. Such a conflict of
interest would arise when a Local Agency or Subcontractor’s employee, officer or agent were to offer or
provide any tangible personal benefit to an employee of the State, or any member of his or her immediate
family or his or her partner, related to the award of, entry into or management or oversight of this Agreement.
Officers, employees, and agents of Local Agency may neither solicit nor accept gratuities, favors or anything
of monetary value from contractors or parties to subcontracts.
B. Apparent Conflicts of Interest
Local Agency acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest
shall be harmful to the State’s interests. Absent the State’s prior written approval, Local Agency shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Local Agency’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Local Agency is uncertain whether a conflict or the
appearance of a conflict has arisen, Local Agency shall submit to the State a disclosure statement setting
forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or
to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this
Agreement.
12. INSURANCE
Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance
as specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies with an AM Best
rating of A-VIII or better.
A. Local Agency Insurance
Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S. (the “GIA”) and shall maintain at all times during the term of this Agreement such liability
insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA.
B. Subcontractor Requirements
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Local Agency shall ensure that each Subcontractor that is a public entity within the meaning of the GIA,
maintains at all times during the terms of this Agreement, such liability insurance, by commercial policy or
self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. Local Agency shall
ensure that each Subcontractor that is not a public entity within the meaning of the GIA, maintains at all
times during the terms of this Agreement all of the following insurance policies:
i. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance
covering all Local Agency or Subcontractor employees acting within the course and scope of their
employment.
ii. General Liability
Commercial general liability insurance written on an Insurance Services Office occurrence form,
covering premises operations, fire damage, independent contractors, products and completed operations,
blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
c. $1,000,000 products and completed operations aggregate; and
d. $50,000 any 1 fire.
iii. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit.
iv. Protected Information (this insurance requirement only applies if the Subcontractor has or will have
access to State Confidential Information)
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of privacy rights through improper use or
disclosure of protected information with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
v. Professional Liability Insurance (this insurance requirement only applies if the Subcontractor is
providing professional services including but not limited to engineering, architectural, landscape
architectural, professional surveying, industrial hygiene services, or any other commonly understood
professional service)
Professional liability insurance covering any damages caused by an error, omission or any negligent act
with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vi. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vii. Cyber/Network Security and Privacy Liability
Liability insurance covering all civil, regulatory and statutory damages, contractual damages, data breach
management exposure, and any loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of breach, violation or infringement of right
to privacy rights through improper use or disclosure of protected consumer data protection law,
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confidentiality or other legal protection for personal information, as well as State Confidential
Information with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
C. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Local
Agency and Subcontractors. In the event of cancellation of any commercial general liability policy, the carrier
shall provide at least 10 days prior written notice to CDOT.
D. Primacy of Coverage
Coverage required of Local Agency and each Subcontractor shall be primary over any insurance or self-
insurance program carried by Local Agency or the State.
E. Cancellation
All commercial insurance policies shall include provisions preventing cancellation or non-renewal, except
for cancellation based on non-payment of premiums, without at least 30 days prior notice to Local Agency
and Local Agency shall forward such notice to the State in accordance with §16 within 7 days of Local
Agency’s receipt of such notice.
F. Subrogation Waiver
All commercial insurance policies secured or maintained by Local Agency or its Subcontractors in relation
to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under
subrogation or otherwise against Local Agency or the State, its agencies, institutions, organizations, officers,
agents, employees, and volunteers.
G. Certificates
For each commercial insurance plan provided by Local Agency under this Agreement, Local Agency shall
provide to the State certificates evidencing Local Agency’s insurance coverage required in this Agreement
within seven (7) Business Days following the Effective Date. Local Agency shall provide to the State
certificates evidencing Subcontractor insurance coverage required under this Agreement within seven (7)
Business Days following the Effective Date, except that, if Local Agency’s subcontract is not in effect as of
the Effective Date, Local Agency shall provide to the State certificates showing Subcontractor insurance
coverage required under this Agreement within seven (7) Business Days following Local Agency’s execution
of the subcontract. No later than 15 days before the expiration date of Local Agency’s or any Subcontractor’s
coverage, Local Agency shall deliver to the State certificates of insurance evidencing renewals of coverage.
At any other time during the term of this Agreement, upon request by the State, Local Agency shall, within
seven (7) Business Days following the request by the State, supply to the State evidence satisfactory to the
State of compliance with the provisions of this §12.
13. BREACH
A. Defined
The failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part
or in a timely or satisfactory manner, shall be a breach. The institution of proceedings under any bankruptcy,
insolvency, reorganization, or similar law, by or against Local Agency, or the appointment of a receiver or
similar officer for Local Agency or any of its property, which is not vacated or fully stayed within 30 days
after the institution of such proceeding, shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, the aggrieved Party shall give written notice of breach to the other Party. If the
notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice,
the Party may exercise any of the remedies as described in §14 for that Party. Notwithstanding any provision
of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and
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may immediately terminate this Agreement in whole or in part or institute any other remedy in the Agreement
in order to protect the public interest of the State.
14. REMEDIES
A. State’s Remedies
If Local Agency is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §13.B, shall have all of the remedies listed in this §14.A. in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach
In the event of Local Agency’s uncured breach, the State may terminate this entire Agreement or any
part of this Agreement. Local Agency shall continue performance of this Agreement to the extent not
terminated, if any.
a. Obligations and Rights
To the extent specified in any termination notice, Local Agency shall not incur further obligations
or render further performance past the effective date of such notice and shall terminate outstanding
orders and subcontracts with third parties. However, Local Agency shall complete and deliver to the
State all Work not canceled by the termination notice and may incur obligations as necessary to do
so within this Agreement’s terms. At the request of the State, Local Agency shall assign to the State
all of Local Agency's rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Local Agency shall take timely, reasonable, and necessary action to protect and
preserve property in the possession of Local Agency but in which the State has an interest. At the
State’s request, Local Agency shall return materials owned by the State in Local Agency’s
possession at the time of any termination. Local Agency shall deliver all completed Work Product
and all Work Product that was in the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Local Agency for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that Local
Agency was not in breach or that Local Agency's action or inaction was excusable, such termination
shall be treated as a termination in the public interest, and the rights and obligations of the Parties
shall be as if this Agreement had been terminated in the public interest under §2.C.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Local Agency shall remain liable to the
State for any damages sustained by the State in connection with any breach by Local Agency, and
the State may withhold payment to Local Agency for the purpose of mitigating the State’s damages
until such time as the exact amount of damages due to the State from Local Agency is determined.
The State may withhold any amount that may be due Local Agency as the State deems necessary to
protect the State against loss including, without limitation, loss as a result of outstanding liens and
excess costs incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Local Agency’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Local Agency to an adjustment in price
or cost or an adjustment in the performance schedule. Local Agency shall promptly cease
performing Work and incurring costs in accordance with the State’s directive, and the State shall
not be liable for costs incurred by Local Agency after the suspension of performance.
b. Withhold Payment
Withhold payment to Local Agency until Local Agency corrects its Work.
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c. Deny Payment
Deny payment for Work not performed, or that due to Local Agency’s actions or inactions, cannot
be performed or if they were performed are reasonably of no value to the state; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal from the Work of any of Local Agency’s employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless, insubordinate,
unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by
the State to be contrary to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes a patent, copyright, trademark, trade secret, or other intellectual property right,
Local Agency shall, as approved by the State (a) secure that right to use such Work for the State or
Local Agency; (b) replace the Work with non infringing Work or modify the Work so that it
becomes non infringing; or, (c) remove any infringing Work and refund the amount paid for such
Work to the State.
B. Local Agency’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Local Agency,
following the notice and cure period in §13.B and the dispute resolution process in §15 shall have all remedies
available at law and equity.
15. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by Local
Agency for resolution.
B. Resolution of Controversies
If the initial resolution described in §15.A fails to resolve the dispute within 10 Business Days, Contractor
shall submit any alleged breach of this Contract by the State to the Procurement Official of CDOT as
described in §24-101-301(30), C.R.S. for resolution in accordance with the provisions of §§24-106-109, 24-
109-101.1, 24-109-101.5, 24-109-106, 24-109-107, 24-109-201 through 24-109-206, and 24-109-501
through 24-109-505, C.R.S., (the “Resolution Statutes”), except that if Contractor wishes to challenge any
decision rendered by the Procurement Official, Contractor’s challenge shall be an appeal to the executive
director of the Department of Personnel and Administration, or their delegate, under the Resolution Statutes
before Contractor pursues any further action as permitted by such statutes. Except as otherwise stated in this
Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations.
C. Questions of Fact
Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this
Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department
of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar
days after the date of receipt of a copy of such written decision, Local Agency mails or otherwise furnishes
to the State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal
proceeding under this clause, Local Agency shall be afforded an opportunity to be heard and to offer evidence
in support of its appeal. Pending final decision of a dispute hereunder, Local Agency shall proceed diligently
with the performance of this Agreement in accordance with the Chief Engineer’s decision. The decision of
the Executive Director or his duly authorized representative for the determination of such appeals shall be
final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of
questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall
be construed as making final the decision of any administrative official, representative, or board on a question
of law.
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16. NOTICES AND REPRESENTATIVES
Each individual identified below shall be the principal representative of the designating Party. All notices required
or permitted to be given under this Agreement shall be in writing and shall be delivered (i) by hand with receipt
required, (ii) by certified or registered mail to such Party’s principal representative at the address set forth below
or (iii) as an email with read receipt requested to the principal representative at the email address, if any, set forth
below. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party
has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand
with receipt required or by certified or registered mail to such Party’s principal representative at the address set
forth below. Either Party may change its principal representative or principal representative contact information
by notice submitted in accordance with this §16 without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
For the State
Colorado Department of Transportation (CDOT)
Armando Ochoa, E/PST II Local Agency Coordinator
CDOT
10601 10th St
Greeley, CO 80634
970-652-1668
armando.ochoa@state.co.us
For the Local Agency
CITY OF FORT COLLINS
Marc Virata, TCEF Program Manager
281 N College Ave
Fort Collins, CO 80524
970-221-6567
mvirata@fcgov.com
yyyyyyy 17. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Local Agency hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and
otherwise exploit all intellectual property created by Local Agency or any Subcontractors. Local Agency
assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of
action, either in law or in equity, for past, present, or future infringement of intellectual property rights related
to the Work Product and all works based on, derived from, or incorporating the Work Product. Whether or
not Local Agency is under contract with the State at the time, Local Agency shall execute applications,
assignments, and other documents, and shall render all other reasonable assistance requested by the State, to
enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the
Work Product. The Parties intend the Work Product to be works made for hire.
i. Copyrights
To the extent that the Work Product (or any portion of the Work Product) would not be considered works
made for hire under applicable law, Local Agency hereby assigns to the State, the entire right, title, and
interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating
the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work
Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights
or similar rights with respect to the Work Product throughout the world. To the extent that Local Agency
cannot make any of the assignments required by this section, Local Agency hereby grants to the State a
perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display, perform, transfer,
distribute, sell, and create derivative works of the Work Product and all works based upon, derived from,
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or incorporating the Work Product by all means and methods and in any format now known or invented
in the future. The State may assign and license its rights under this license.
ii. Patents
In addition, Local Agency grants to the State (and to recipients of Work Product distributed by or on
behalf of the State) a perpetual, worldwide, no-charge, royalty-free, irrevocable patent license to make,
have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify
and propagate the contents of the Work Product. Such license applies only to those patent claims
licensable by Local Agency that are necessarily infringed by the Work Product alone, or by the
combination of the Work Product with anything else used by the State.
iii. Assignments and Assistance
Whether or not the Local Agency is under Agreement with the State at the time, Local Agency shall
execute applications, assignments, and other documents, and shall render all other reasonable assistance
requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual
property rights related to the Work Product. The Parties intend the Work Product to be works made for
hire. Local Agency assigns to the State and its successors and assigns, the entire right, title, and interest
in and to all causes of action, either in law or in equity, for past, present, or future infringement of
intellectual property rights related to the Work Product and all works based on, derived from, or
incorporating the Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State
software, research, reports, studies, photographs, negatives, or other documents, drawings, models, materials,
data, and information shall be the exclusive property of the State (collectively, “State Materials”). Local
Agency shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any
purpose other than the performance of Local Agency’s obligations in this Agreement without the prior written
consent of the State. Upon termination of this Agreement for any reason, Local Agency shall provide all
Work Product and State Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Local Agency
Local Agency retains the exclusive rights, title, and ownership to any and all pre-existing materials owned
or licensed to Local Agency including, but not limited to, all pre-existing software, licensed products,
associated source code, machine code, text images, audio and/or video, and third-party materials, delivered
by Local Agency under this Agreement, whether incorporated in a Deliverable or necessary to use a
Deliverable (collectively, “Local Agency Property”). Local Agency Property shall be licensed to the State as
set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this
Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open
source software, the license terms set forth in the applicable open source license agreement.
18. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments,
boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the
provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the
State’s risk management statutes, §§24-30-1501, et seq. C.R.S. The following applies through June 30, 2022: no
term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Local Agency under this Agreement is $100,000 or greater, either on the
Effective Date or at any time thereafter, this §19 shall apply. Local Agency agrees to be governed by and comply
with the provisions of §24-106-103, §24-102-206, §24-106-106, §24-106-107 C.R.S. regarding the monitoring
of vendor performance and the reporting of contract performance information in the State’s contract management
system (“Contract Management System” or “CMS”). Local Agency’s performance shall be subject to evaluation
and review in accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS,
and State Fiscal Rules and State Controller policies.
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20. GENERAL PROVISIONS
A. Assignment
Local Agency’s rights and obligations under this Agreement are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such
consent shall be void. Any assignment or transfer of Local Agency’s rights and obligations approved by the
State shall be subject to the provisions of this Agreement
B. Subcontracts
Local Agency shall not enter into any subcontract in connection with its obligations under this Agreement
without the prior, written approval of the State. Local Agency shall submit to the State a copy of each such
subcontract upon request by the State. All subcontracts entered into by Local Agency in connection with this
Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are
governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement.
C. Binding Effect
Except as otherwise provided in §20.A. all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Contract by reference.
H. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
I. Jurisdiction and Venue
All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and
exclusive venue shall be in the City and County of Denver.
J. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than contract amendments, shall conform to the policies promulgated by the Colorado State Controller.
K. Statutes, Regulations, Fiscal Rules, and Other Authority.
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Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
L. Order of Precedence
In the event of a conflict or inconsistency between this Agreement and any exhibits or attachment such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
i. The provisions of the other sections of the main body of this Agreement.
ii. Exhibit N, Federal Treasury Provisions.
iii. Exhibit F, Certification for Federal-Aid Contracts.
iv. Exhibit G, Disadvantaged Business Enterprise.
v. Exhibit I, Federal-Aid Contract Provisions for Construction Contracts.
vi. Exhibit J, Additional Federal Requirements.
vii. Exhibit K, Federal Funding Accountability and Transparency Act of 2006 (FFATA) Supplemental
Federal Provisions.
viii. Exhibit L, Sample Sub-Recipient Monitoring and Risk Assessment Form.
ix. Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and
Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal
Awards (the “Uniform Guidance”).
x. Exhibit O, Agreement with Subrecipient of Federal Recovery Funds.
xi. Exhibit R. Applicable Federal Awards.
xii Colorado Special Provisions in the main body of this Agreement.
xiii. Exhibit A, Scope of Work.
xiv. Exhibit H, Local Agency Procedures for Consultant Services.
xv. Exhibit B, Sample Option Letter.
xvi. Exhibit C, Funding Provisions.
xvii. Exhibit P, SLFRF Subrecipient Quarterly Report.
xviii. Exhibit Q, SLFRF Reporting Modification Form.
xix. Exhibit D, Local Agency Resolution.
xx. Exhibit E, Local Agency Contract Administration Checklist.
xxi. Exhibit S, PII Certification.
xxii. Exhibit T, Checklist of Required Exhibits Dependent on Funding Source.
xxiii. Other exhibits in descending order of their attachment.
M. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of the Agreement.
N. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of the
Agreement shall survive the termination or expiration of the Agreement and shall be enforceable by the other
Party.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §20.C, this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
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Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107 C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Local Agency shall perform its obligations under this Agreement in accordance with the highest standards of
care, skill and diligence in Local Agency’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
Local Agency shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to
perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors
secure and maintain at all times during the term of their employment, agency or subcontract, all license,
certifications, permits and other authorizations required to perform their obligations in relation to this
Agreement.
T. Compliance with State and Federal Law, Regulations, and Executive Orders
Local Agency shall comply with all State and Federal law, regulations, executive orders, State and Federal
Awarding Agency policies, procedures, directives, and reporting requirements at all times during the term of
this Agreement.
U. Accessibility
i. Local Agency shall comply with and the Work Product provided under this Agreement shall be in
compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility
Standards for Individuals with a Disability, as established by the Governor’s Office of Information
Technology (OIT), pursuant to Section §24-85-103 (2.5), C.R.S. Local Agency shall also comply with
all State of Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of
Colorado technology standards.
ii. Each Party agrees to be responsible for its own liability incurred as a result of its participation in and
performance under this Agreement. In the event any claim is litigated, each Party will be responsible for
its own attorneys’ fees, expenses of litigation, or other costs. No provision of this Agreement shall be
deemed or construed to be a relinquishment or waiver of any kind of the applicable limitations of liability
provided to either the Local Agency or the State by the Colorado Governmental Immunity Act, C.R.S.
§ 24-10-101, et seq. and Article XI of the Colorado Constitution. Nothing in the Agreement shall be
construed as a waiver of any provision of the State Fiscal Rules.
iii. The State may require Local Agency’s compliance to the State’s Accessibility Standards to be
determined by a third party selected by the State to attest to Local Agency’s Work Product and software
is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with
a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
V. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the state imposes such taxes on Local Agency. Local Agency shall be
solely responsible for any exemptions from the collection of excise, sales or use taxes that Local Agency may
wish to have in place in connection with this Agreement.
21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts. Contractor refers to Local Agency and Contract refers to
Agreement.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
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This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If
this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(19), then this
Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S., applicable Local Agency law, rule or regulation.
Financial obligations of the Parties payable after the current State Fiscal Year or fiscal year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the Parties, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor and its employees and agents are not
entitled to unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, (ii) provide
proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Contract. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City
and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the Parties to indemnify or hold Contractor harmless; requires
the Parties to agree to binding arbitration; limits Contractor’s liability for damages resulting from death,
bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void
ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S.
Any term included in this Contract that limits Contractor’s liability that is not void under this section shall
apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be
interpreted as being subject to any limitations of liability of this Contract.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor
has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Contractor is in violation of this provision, the State may exercise any remedy
EXHIBIT A TO RESOLUTION 2024-120
Page 118
Item 6.
OLA #: 331003477
Routing #: 25-HA4-XC-00144
Document Builder Generated Page 29 of 29
available at law or in equity or under this Contract, including, without limitation, immediate termination of
this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Contract. Contractor has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Contractor’s services and Contractor shall not employ any person having such known interests.
22. FEDERAL REQUIREMENTS
Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the execution of
this Agreement strictly adhere to, and comply with, all applicable federal and State laws, and their implementing
regulations, as they currently exist and may hereafter be amended. A summary of applicable federal provisions
are attached hereto as Exhibit F, Exhibit I, Exhibit J, Exhibit K, Exhibit M, Exhibit N and Exhibit O are
hereby incorporated by this reference.
23. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Local Agency will comply with all requirements of Exhibit G and Exhibit E, Local Agency Contract
Administration Checklist, regarding DBE requirements for the Work, except that if Local Agency desires to use
its own DBE program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this
Agreement, it must submit a copy of its program’s requirements to the State for review and approval before the
execution of this Agreement. If Local Agency uses any State- approved DBE program for this Agreement, Local
Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and
other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation,
determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for
DBE goals and good faith efforts. State approval (if provided) of Local Agency’s DBE program does not waive
or modify the sole responsibility of Local Agency for use of its program.
EXHIBIT A TO RESOLUTION 2024-120
Page 119
Item 6.
Exhibit A - Page 1 of 1
EXHIBIT A
SCOPE OF WORK
Name of Project: US287 & Triangle Dr. Signal Installation
Project Number: FSA M455-159
SubAccount #: 26230
The Colorado Department of Transportation (“CDOT”) will oversee the City of Fort Collins
when the City of Fort Collins designs the US287 & Triangle Dr. Signal Installations (Hereinafter
referred to as “this work”). CDOT and the City of Fort Collins believe it will be beneficial to
perform this work to improve the traffic flow and pedestrian safety at this intersection.
The design will be completed in accordance with AASHTO design standards, the Americans
with Disabilities Act, and all applicable state, federal and local rules and regulations. The design
phase of the work will begin in 2024 and will identify more exact requirements, qualities, and
attributes for this work (Herein after referred to as “the exact work”). The exact work shall be
used to complete the construction phase of the project. The construction phase of the contract is
anticipated to begin in 2025.
If ARPA funds are used all ARPA funds must be encumbered by
December 31, 2024. All work funded by ARPA must be completed by
December 31, 2026 and all bills must be submitted to CDOT for payment
by January 31, 2027. These bills must be paid by CDOT by March 31,
2027.
If this project is funded with Multimodal Transportation & Mitigation
Options Funding (MMOF) these funding expenditures must be invoiced
by June 1st of the year they expire.
By accepting funds for this Scope of Work, Local Agency acknowledges, understands, and accepts
the continuing responsibility for the safety of the traveling public after initial acceptance of the
project. Local Agency is responsible for maintaining and operating the scope of work
described in this Exhibit A constructed under this Agreement at its own cost and expense
during its useful life.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A TO RESOLUTION 2024-120
Page 120
Item 6.
Exhibit B - Page 1 of 2
EXHIBIT B
SAMPLE IGA OPTION LETTER
Date State Fiscal Year Option Letter No.
Project Code Original Agreement #
Vendor Name:
Option to unilaterally add phasing to include Design, Construction, Environmental,
Utilities, ROW incidentals or Miscellaneous and to update encumbrance amount(s).
Option to unilaterally transfer funds from one phase to another phase.
Option to unilaterally add phasing to include Design, Construction, Environmental,
Utilities, ROW incidentals or Miscellaneous, to update encumbrance amount(s), and
to unilaterally transfer funds from one phase to another phase.
Option to unilaterally extend the term of this Agreement and/or update a Work
Phase Performance Period and/or modify OMB Guidance.
Option A
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option to authorize the Local Agency to add a phase and to encumber
funds for the phase based on changes in funding availability and authorization. The
total encumbrance is (or increased) by $0.00. A new Exhibit C-1 is made part of the
original Agreement and replaces Exhibit C.
Option B
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option to transfer funds based on variance in actual phase costs and
original phase estimates. A new Exhibit C-1 is made part of the original Agreement
and replaces Exhibit C.
Option C
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option to 1) release the Local Agency to begin a phase; 2) to encumber
funds for the phase based upon changes in funding availability and authorization;
and 3) to transfer funds from phases based on variance in actual phase costs and
EXHIBIT A TO RESOLUTION 2024-120
Page 121
Item 6.
Exhibit B - Page 2 of 2
original phase estimates. A new Exhibit C-1 is made part of the original Agreement
and replaces Exhibit C.
Option D
In accordance with the terms of the original Agreement between the State of Colorado,
Department of Transportation and the Local Agency, the State hereby exercises the option
extend the term of this Agreement and/or update a Work Phase Performance Period and/or
modify information required under the OMB Uniform Guidance, as outlined in Exhibit
C. This is made part of the original Agreement and replaces the Expiration Date shown on
the Signature and Cover Page. Any updated version of Exhibit C shall be attached to any
executed Option Letter as Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.).
The effective date of this option letter is upon approval of the State Controller or delegate.
STATE OF COLORADO
Jared S. Polis
Department of Transportation
By: ___________________________________________
Keith Stefanik, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Date: _________________________________________
ALL AGREEMENTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is
not valid until signed and dated below by the State Controller or delegate. Contractor is not
authorized to begin performance until such time. If the Local Agency begins performing prior
thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for
any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ______________________________________
Colorado Department of Transportation
Date:__________________________________
EXHIBIT A TO RESOLUTION 2024-120
Page 122
Item 6.
Fed $ LA Work
Exhibit C - Page 1 of 2
EXHIBIT C - FUNDING PROVISIONS
City of Fort Collins - FSA M455-159 (26230)
A. Cost of Work Estimate
The Local Agency has estimated the total cost of the Work to be $1,548,265.00, which is to be funded as
follows: 1. FUNDING
a. Federal Funds
(50% of FASTER Award) $682,211.00
b. Local Agency Funds
(50% of FASTER Award) $682,211.00
c. Federal Funds ADA
(100% of ADA Award) $183,843.00 ____________________________________________________________________________________ TOTAL FUNDS ALL SOURCES $1,548,265.00
____________________________________________________________________________________
2. OMB UNIFORM GUIDANCE
a. Federal Award Identification Number (FAIN): TBD
b. Name of Federal Awarding Agency: FHWA
c. Local Agency Unique Entity Identifier VEJ3BS5GK5G1
d. Assistance Listing # Highway Planning and Construction ALN 20.205
e. Is the Award for R&D? No
f. Indirect Cost Rate (if applicable) N/A
g. Amount of Federal Funds Obligated by this Action: $0.00
h. Amount of Federal Funds Obligated to Date (including this Action): $0.00
____________________________________________________________________________________
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted $866,054.00
b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
____________________________________________________________________________________
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 56% $866,054.00
TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 44% $682,211.00
TOTAL PROJECT ESTIMATED FUNDING 100% $1,548,265.00 ____________________________________________________________________________________
4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount (Federal funds + Local Agency funds) $1,548,265.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
____________________________________________________________________________________ NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $1,548,265.00
____________________________________________________________________________________
Note: No funds are currently available. Design and Construction funds will become available after
execution of an Option letter (Exhibit B) or formal Amendment.
____________________________________________________________________________________
WBS Element 26230.10.30 Performance Period Start*/End Date Design 3020 $0.00
TBD-TBD
WBS Element 26230.20.10 Performance Period Start*/End Date Const. 3301 $0.00 TBD-TBD
____________________________________________________________________________________
* The Local Agency should not begin work until all three (3) of the following are in place: 1) Phase
Performance Period Start Date; 2) the execution of the document encumbering funds for the respective
phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these
three (3) milestones are achieved will not be reimbursable.
EXHIBIT A TO RESOLUTION 2024-120
Page 123
Item 6.
Exhibit C - Page 2 of 2
B. Funding Ratios
The funding ratio for the federal funds for this Work is 56% federal funds to 44% Local Agency funds, and
this ratio applies only to the $1,548,265.00 that is eligible for federal funding. All other costs are borne by
the Local Agency at 100%. If the total cost of performance of the Work exceeds $1,548,265.00, and
additional federal funds are not available, the Local Agency shall pay all such excess costs. If the total
cost of performance of the Work is less than $1,548,265.00, then the amounts of Local Agency and federal
funds will be decreased in accordance with the funding ratio described in A1. This applies to the entire scope of Work.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $866,054.00. For
CDOT accounting purposes, the federal funds of $866,054.00 and the Local Agency funds of $682,211.00
will be encumbered for a total encumbrance of $1,548,265.00, unless this amount is increased by an
executed amendment before any increased cost is incurred. The total budget is $1,548,265.00, unless
this amount is increased by an executed amendment before any increased cost is incurred. The total cost
of the Work is the best estimate available, based on the design data as approved at the time of execution
of this Agreement, and that any cost is subject to revisions agreed to by the parties prior to bid and award.
The maximum amount payable will be reduced without amendment when the actual amount of the Local
Agency’s awarded Agreement is less than the budgeted total of the federal funds and the Local Agency
funds. The maximum amount payable will be reduced through the execution of an Option Letter as
described in Section 7. E. of this contract. This applies to the entire scope of Work.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving $750,000 or more from all funding
sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply
with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 CFR 18.20
through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving
federal funds are as follows:
i. Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just
Highway funds) in its fiscal year then this requirement does not apply.
ii. Expenditure of $750,000 or more-Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only received federal
Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific
audit shall be performed. This audit will examine the “financial” procedures and processes for
this program area.
iii. Expenditure of $750,000 or more-Multiple Funding Sources
If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from
multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on
the entire organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An
audit is an allowable direct or indirect cost.
EXHIBIT A TO RESOLUTION 2024-120
Page 124
Item 6.
Exhibit D - Page 1 of 1
EXHIBIT D
LOCAL AGENCY RESOLUTION (IF APPLICABLE)
EXHIBIT A TO RESOLUTION 2024-120
Page 125
Item 6.
COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No. STIP No. Project Code Region
Project Location Date
Project Description
Local Agency Local Agency Project Manager
CDOT Resident Engineer CDOT Project Manager
This checklist shall be used to establish the contractual administrative responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency Agreement. Section numbers (NO.) correspond to the applicable
chapters of the CDOT Local Agency Desk Reference (Local Agency Manual). LAWR numbers correspond to the applicable
flowchart in the Local Agency Web Resource.
The checklist shall be prepared by placing an X under the responsible party, opposite each of the tasks. The X denotes the party
responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor the
Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, # will denote that CDOT must concur or
approve.
Tasks that will be performed by Headquarters staff are indicated with an X in the CDOT column under Responsible Party. The
Regions, in accordance with established policies and procedures, will determine who will perform all other tasks that are the
responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local
Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the
CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist.
Note:
Failure to comply with applicable Federal and State requirements may result in the loss of Federal or State participation in
LA
WR NO. DESCRIPTION OF TASK
2.1 Review Project to ensure it is consistent with Statewide Plan and amendments thereto
4.1 Authorize funding by phases (Requires FHWA concurrence/involvement if Federal-
aid Highway funded project.). Please write in "NA", if Not Applicable. x
1 5.1 Prepare Design Data - CDOT Form 463
5.2 Determine Delivery Method
5.3 Prepare Local Agency/CDOT Inter-Governmental Agreement (see also Chapter 3)
2 5.4 Conduct Consultant Selection/Execute Consultant Agreement
•Project Development
•
Conduct Public Involvement (If applicable)
Exhibit E-
Local Agency Contract Administration Checklist
Exhibit E- Page 1 of 5
EXHIBIT A TO RESOLUTION 2024-120
FSA M455-159 SR446606 26230 4
City of Fort Collins 8-13-2024
US287 & Triangle Dr. Signals
City of Fort Collins Mark Virata
Bryce Reeves Armando Ochoa
#
x #
#x
x
x
x
x #
#
#
Page 126
Item 6.
LA
WR NO. DESCRIPTION OF TASK PARTY
3 5.7 Conduct Field Inspection Review (FIR)
4 5.8 Conduct Environmental Processes (may require FHWA concurrence/involvement)
5 5.9 Acquire Right-of-Way (may require FHWA concurrence/involvement)
3 5.10 Obtain Utility and Railroad Agreements
3 5.11 Conduct Final Office Review (FOR)
3A 5.12 Justify Force Account Work by the Local Agency
3B 5.13 Justify Proprietary, Sole Source, or Local Agency Furnished Items
3 5.14 Document Design Exceptions - CDOT Form 464
5.15 Seek Permission for use of Guaranty and Warranty Clauses
3 5.18 Prepare Plans, Specifications, Construction Cost Estimates and Submittals
5.19 Comply with Requirements for Off-and On-System Bridges & Other Structural Work
5.20 Update Approvals on PS&E Package if Project Schedule Delayed
5.21 Ensure Authorization of Funds for Construction
5.22 Use Electronic Signatures
5.23 File Project Development Records/Documentation in ProjectWise
3 6.1 Set Disadvantaged Business Enterprise (DBE) Goals for Consultant and Construction
Contracts (CDOT Region Civil Rights Office).
x
6.2 Determine Applicability of Davis-Bacon Act
This project ☐ is ☐ is not exempt from Davis-Bacon requirements as determined
by the functional classification of the project location (Projects located on local roads
and rural minor collectors may be exempt.)
x
"NA", if Not Applicable x
☐☐
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included
ADVERTISE, BID AND AWARD of CONSTRUCTION PROJECTS
Federal Project (use 7.1 series in Chapter 7) ☐ Non-Federal Project (Use 7.2 series in Chapter 7) ☐
Please write in "NA", if Not Applicable) x
Evaluate CDOT Form 1416 - Good Faith Effort Report and determine if the Contractor
has made a good faith effort when the low bidder does not meet DBE goals. "NA", if Not Applicable.
x
Submit required documentation for CDOT award concurrence
Concurrence from CDOT to Award
Approve Rejection of Low Bidder
7,8 Award Contract (federal)
Exhibit E- Page 2 of 5
EXHIBIT A TO RESOLUTION 2024-120
x #
x #
x #
x x
#
Bryce Reeves 8/13/2024
x #
x
x
x #
x
x
x #
x #
x #
x #
x #
x #
x #
x
x #
x #
#
#
#
x #
x #
#x
x #
x
x
Page 127
Item 6.
LA
WR NO. DESCRIPTION OF TASK PARTY
8 Provide “Award” and “Record” Sets of Plans and Specifications (federal)
CONSTRUCTION MANAGEMENT
8 Intro File Project Construction Records/Documentation in ProjectWise or as directed x
8 8.1 Issue Notice to Proceed to the Contractor
8 8.2 Project Safety
8 8.3 Conduct Conferences:
Pre-construction Conference (Appendix B)
•Fabrication Inspection Notifications
Pre-survey
•Construction staking
•Monumentation
Partnering (Optional)
Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual) (If applicable)
Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual) (If applicable)
HMA Pre-Paving (Agenda is in CDOT Construction Manual) (If applicable)
8 8.4 Develop and distribute Public Notice of Planned Construction to media and local
residents
9 8.5 Supervise Construction
A Professional Engineer (PE) registered in Colorado, who will be “in responsible
charge of construction supervision.”
_____________________________________________ _________________
or CDOT Resident Engineer
Fabrication Inspection and documentation (If applicable)
9 8.6 Review and Approve Shop Drawings
9 8.7 Perform Traffic Control Inspections
9 8.8 Perform Construction Surveying
9 8.9 Monument Right-of-Way
9,9A 8.10 Prepare and Approve Interim and Final Contractor Pay Estimates. Collect and
review CDOT Form 1418 (or equivalent) or use compliance software system.
Provide the name and phone number of the person authorized for this task.
_____________________________________________ ____________________
Local Agency Representative Phone number
xx
x
Provide the name and phone number of the person responsible for this task.
_____________________________________________ ____________________
x
x
Exhibit E- Page 3 of 5
EXHIBIT A TO RESOLUTION 2024-120
x
x
x
x
x
x
x
x
x
Mark Virata 970-221-6567
x
x
x
x
x
x
Mark Virata 970-221-6567
x
x
x
x
Bryce Reeves 970-350-2126
#
#
x
x
x
#
#
x #
#
#
x
x
Page 128
Item 6.
LA
WR NO. DESCRIPTION OF TASK PARTY
9,9C 9.1 Discuss Materials at Pre-Construction Meeting
•Buy America documentation required prior to installation of steel
9,9C 9.2 Complete CDOT Form 250 - Materials Documentation Record
•Generate form, which includes determining the minimum number of required tests
and applicable material submittals for all materials placed on the project
•Update the form as work progresses
•Complete and distribute form after work is completed
9C 9.3 Perform Project Acceptance Samples and Tests
9C 9.4 Perform Laboratory Acceptance Tests
9C 9.6 Accept Manufactured Products
Inspection of structural components:
•Fabrication of structural steel and pre-stressed concrete structural components
•Bridge modular expansion devices (0” to 6” or greater)
•Fabrication of bearing devices
9C 9.6 Approve Sources of Materials
9C 9.7 Independent Assurance Testing (IAT)
Local Agency Procedures ☐ CDOT Procedures ☐
•Generate IAT schedule
•Schedule and provide notification
•
•Concrete
•
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
Application Approval Request. Review & sign completed forms, or review/approve in
compliance software system, as applicable, & submit to Region Civil Rights Office.
•Complete CDOT Form 1337 – Contractor Commitment to Meet OJT
Requirements.
•Complete CDOT Form 838 – OJT Trainee / Apprentice Record.
•
x
FINALS
x
Exhibit E- Page 4 of 5
EXHIBIT A TO RESOLUTION 2024-120
x
x
x
x
x
x
x
x
x
x
x
x
x
x #
x
x
x
x
#
#
x
x
#
#
x
x
x
x
x
x
x
x
x
#
#
x
x
x
Page 129
Item 6.
LA
WK NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
11 11.7 Check Material Documentation and Accept Final Material Certification (See Chapter 9)
11.8 Review CDOT Form 1419
11.9 Submit CDOT Professional Services Closeout Report Form
11.10 Complete and Submit CDOT Form 1212 LA – Final Acceptance Report (by CDOT)
11 11.11 Process Final Payment
11.12 Close out Local Project
11.13 Complete and Submit CDOT Form 950 - Project Closure
11 11.14 Retain Project Records
11 11.15 Retain Final Version of Local Agency Contract Administration Checklist
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region Civil Rights Office
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
Exhibit E- Page 5 of 5
EXHIBIT A TO RESOLUTION 2024-120
x #
x
x
x #
x
Page 130
Item 6.
Exhibit F - Page 1 of 1
EXHIBIT F
CERTIFICATION FOR FEDERAL-AID CONTRACTS
The Local Agency certifies, by signing this Agreement, to the best of its knowledge and belief,
that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, Agreement, loan, or cooperative
agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer of Congress, or an employee of a
Member of Congress in connection with this Federal contract, Agreement, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report L obbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or
she shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such sub- recipients shall certify and disclose accordingly.
EXHIBIT A TO RESOLUTION 2024-120
Page 131
Item 6.
Exhibit G- Page 1 of 1
EXHIBIT G
DISADVANTAGED BUSINESS ENTERPRISES
SECTION 1. Policy
It is the policy of the Colorado Department of Transportation (CDOT) that Disadvantaged
Business Enterprises (DBEs) shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds under this agreement,
pursuant to 49 CFR Part 26. Accordingly, CDOT’s federally approved DBE Program Plan shall
apply to this agreement.
SECTION 2. Subrecipient and Participant Obligation.
The Local Agency and its subrecipients agrees to ensure that DBEs certified through the Colorado
Unified Certification Program have the maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with Federal funds provided under this
agreement.
All participants on contracts and subcontracts financed in whole or in part with Federal funds
provided under this Agreement shall take all necessary and reasonable steps in accordance with
the CDOT’s federally approved DBE Program Plan to ensure that DBEs have the maximum
opportunity to compete for and perform contracts.
Local Agency subrecipients and their contractors shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of CDOT and federally assisted contracts.
SECTION 3. DBE Program.
The Local Agency subrecipient shall be responsible for complying with CDOT’s FHWA-approved
DBE Program Plan.
Local Agency requirements can be found at:
https://www.codot.gov/business/civilrights
EXHIBIT A TO RESOLUTION 2024-120
Page 132
Item 6.
Exhibit H - Page 1 of 2
EXHIBIT H
LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded Local Agency project agreement
administered by CDOT that involves professional consultant services. 23 CFR 172.1 states “The policies and
procedures involve federally funded contracts for engineering and design related services for projects subject to the
provisions of 23 U.S.C. 112(a) and are issued to ensure that a qualified consultant is obtained through an equitable
selection process, that prescribed work is properly accomplished in a timely manner, and at fair and reasonable cost”
and according to 23 CFR 172.5 “Price shall not be used as a factor in the analysis and selection phase.” Therefore,
local agencies must comply with these CFR requirements when obtaining professional consultant services under a
federally funded consultant contract administered by CDOT.
CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled
"Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal
and State regulations, i.e., 23 CFR 172 and CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be
obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their
own written procedures on file for each method of procurement that addresses the items in 23 CFR 172].
Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the
subsequent steps serve as a short-hand guide to CDOT procedures that a Local Agency must follow in obtaining
professional consultant services. This guidance follows the format of 23 CFR 172. The steps are:
1. The contracting Local Agency shall document the need for obtaining professional services.
2. Prior to solicitation for consultant services, the contracting Local Agency shall develop a detailed scope of
work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in
C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations.
3. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24-30-
1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of
the three most qualified firms and the advertising should be done in one or more daily newspapers of general
circulation.
4. The Local Agency shall not advertise any federal aid contract without prior review by the CDOT Regional
Civil Rights Office (RCRO) to determine whether the contract shall be subject to a DBE contract goal. If the
RCRO determines a goal is necessary, then the Local Agency shall include the goal and the applicable provisions
within the advertisement. The Local Agency shall not award a contract to any Contractor or Consultant without
the confirmation by the CDOT Civil Rights and Business Resource Center that the Contractor or Consultant has
demonstrated good faith efforts. The Local Agency shall work with the CDOT RCRO to ensure compliance with
the established terms during the performance of the contract.
5. The Local Agency shall require that all contractors pay subcontractors for satisfactory performance of work
no later than 30 days after the receipt of payment for that work from the contractor. For construction projects, this
time period shall be reduced to seven days in accordance with Colorado Revised Statute 24-91-103(2). If the Local
Agency withholds retainage from contractors and/or allows contractors to withhold retainage from
subcontractors, such retainage provisions must comply with 49 CFR 26.29.
6. Payments to all Subconsultants shall be made within thirty days of receipt of payment from [the Local
Agency] or no later than ninety days from the date of the submission of a complete invoice from the
Subconsultant, whichever occurs first. If the Consultant has good cause to dispute an amount invoiced by a
Subconsultant, the Consultant shall notify [the Local Agency] no later than the required date for payment. Such
notification shall include the amount disputed and justification for the withholding. The Consultant shall
maintain records of payment that show amounts paid to all Subconsultants. Good cause does not include the
Consultant’s failure to submit an invoice to the Local Agency or to deposit payments made.
7. The analysis and selection of the consultants shall be done in accordance with CRS §24-30-1403. This section
of the regulation identifies the criteria to be used in the evaluation of CDOT pre-qualified prime consultants and
their team. It also shows which criteria are used to short-list and to make a final selection.
The short-list is based on the following evaluation factors:
a. Qualifications,
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Item 6.
Exhibit H - Page 2 of 2
b. Approach to the Work,
c. Ability to furnish professional services.
d. Anticipated design concepts, and
e. Alternative methods of approach for furnishing the professional services.
Evaluation factors for final selection are the consultant's:
a. Abilities of their personnel,
b. Past performance,
c. Willingness to meet the time and budget requirement,
d. Location,
e. Current and projected work load,
f. Volume of previously awarded contracts, and
g. Involvement of minority consultants.
8. Once a consultant is selected, the Local Agency enters into negotiations with the
consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation
audits are prepared for contracts expected to be greater than $50,000. Federal
reimbursements for costs are limited to those costs allowable under the cost principles of
48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity,
duration, and degree of risk involved in the work. Profit is in the range of six to 15 percent
of the total direct and indirect costs.
9. A qualified Local Agency employee shall be responsible and in charge of the Work
to ensure that the work being pursued is complete, accurate, and consistent with the terms,
conditions, and specifications of the contract. At the end of Work, the Local Agency
prepares a performance evaluation (a CDOT form is available) on the consultant.
CRS §§24-30-1401 THROUGH 24-30-1408, 23 CFR PART 172, AND P.D. 400.1,
PROVIDE ADDITIONAL DETAILS FOR COMPLYING WITH THE PRECEEDING
EIGHT (8) STEPS.
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Item 6.
FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV.Davis-Bacon and Related Act Provisions
V.Contract Work Hours and Safety Standards Act
Provisions
VI.Subletting or Assigning the Contract
VII.Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX.Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1.Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States
Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services) in accordance with 23 CFR 633.102. The
design-builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents,
however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and
lower-tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract. 23
CFR 633.102(d).
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230,
Subpart A, Appendix A are applicable to all Federal-aid
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR
Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR Part 60,
and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform
to the U.S. Department of Labor (US DOL) and FHWA
requirements.
Exhibit I- Page 1 of 14
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Item 6.
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to
take affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (see 28 CFR
Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140, shall constitute the EEO
and specific affirmative action standards for the contractor's
project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630
are incorporated by reference in this contract. In the execution
of this contract, the contractor agrees to comply with the
following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
sexual orientation, gender identity, color, national origin, age
or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2.EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action or are
substantially involved in such action, will be made fully
cognizant of and will implement the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4.Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c.The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
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EXHIBIT A TO RESOLUTION 2024-120
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Item 6.
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6.Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs (i.e.,
apprenticeship and on-the-job training programs for the
geographical area of contract performance). In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c.The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 23 CFR
230.409. Actions by the contractor, either directly or through a
contractor's association acting as agent, will include the
procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability.
c.The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability;
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
sufficient referrals (even though it is obligated to provide
exclusive referrals under the terms of a collective bargaining
agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so
would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability in
the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b.The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26 in the award
and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-
responsible.
c.The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated
by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
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Item 6.
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project indicating the number of minority, women, and non-
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of more
than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure
that facilities provided for employees are provided in such a
manner that segregation on the basis of race, color, religion,
sex, sexual orientation, gender identity, or national origin
cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use
by employee custom. The contractor's obligation extends
further to ensure that its employees are not assigned to
perform their services at any location under the contractor's
control where the facilities are segregated. The term "facilities"
includes waiting rooms, work areas, restaurants and other
eating areas, time clocks, restrooms, washrooms, locker
rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The
contractor shall provide separate or single-user restrooms and
necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a.Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or
otherwise working in construction or development of the
project under a development statute), will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics. As provided in paragraphs (d) and (e) of 29
CFR 5.5, the appropriate wage determinations are effective by
operation of law even if they have not been attached to the
contract. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject
to the provisions of paragraph 1.e. of this section; also, regular
contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually
performed, without regard to skill, except as provided in
paragraph 4. of this section. Laborers or mechanics performing
work in more than one classification may be compensated at
the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in
which work is performed. The wage determination (including
any additional classifications and wage rates conformed under
paragraph 1.c. of this section) and the Davis-Bacon poster
(WH–1321) must be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
b.Frequently recurring classifications. (1) In addition to wage
and fringe benefit rates that have been determined to be
prevailing under the procedures set forth in 29 CFR part 1, a
wage determination may contain, pursuant to § 1.3(f), wage
and fringe benefit rates for classifications of laborers and
mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided
that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for
which a prevailing wage rate has been determined;
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(ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable
relationship to the prevailing wage rates contained in the
wage determination.
(2) The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii) of this
section. Work performed in such a classification must be paid
at no less than the wage and fringe benefit rate listed on the
wage determination for such classification.
c.Conformance. (1) The contracting officer must require that
any class of laborers or mechanics, including helpers, which is
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with
the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate
only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications
listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to
DBAconformance@dol.gov. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(4) In the event the contractor, the laborers or mechanics to
be employed in the classification or their representatives, and
the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer
will, by email to DBAconformance@dol.gov, refer the
questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator
for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division
under paragraphs 1.c.(3) and (4) of this section. The contractor
must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraph 1.c.(3) or (4) of
this section must be paid to all workers performing work in the
classification under this contract from the first day on which
work is performed in the classification.
d.Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor may
either pay the benefit as stated in the wage determination or
may pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
e.Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That
the Secretary of Labor has found, upon the written request of
the contractor, in accordance with the criteria set forth in
§ 5.28, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
f.Interest. In the event of a failure to pay all or part of the
wages required by the contract, the contractor will be required
to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a.Withholding requirements. The contracting agency may,
upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold
or cause to be withheld from the contractor so much of the
accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any
subcontractor for the full amount of wages and monetary relief,
including interest, required by the clauses set forth in this
section for violations of this contract, or to satisfy any such
liabilities required by any other Federal contract, or federally
assisted contract subject to Davis-Bacon labor standards, that
is held by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency,
and such funds may be used to satisfy the contractor liability
for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including
any apprentice or helper working on the site of the work all or
part of the wages required by the contract, or upon the
contractor's failure to submit the required records as discussed
in paragraph 3.d. of this section, the contracting agency may
on its own initiative and after written notice to the contractor,
take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
b.Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with paragraph
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2.a. of this section or Section V, paragraph 3.a., or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the
course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise
working in construction or development of the project under a
development statute) for a period of at least 3 years after all
the work on the prime contract is completed.
(2) Information required. Such records must contain the
name; Social Security number; last known address, telephone
number, and email address of each such worker; each
worker's correct classification(s) of work actually performed;
hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act); daily and weekly number
of hours actually worked in total and on each covered contract;
deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever
the Secretary of Labor has found under paragraph 1.e. of this
section that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing
benefits under a plan or program described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual
cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors
with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios
and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method
of submission. The contractor or subcontractor must submit
weekly, for each week in which any DBA- or Related Acts-
covered work is performed, certified payrolls to the contracting
agency. The prime contractor is responsible for the submission
of all certified payrolls by all subcontractors. A contracting
agency or prime contractor may permit or require contractors
to submit certified payrolls through an electronic system, as
long as the electronic system requires a legally valid electronic
signature; the system allows the contractor, the contracting
agency, and the Department of Labor to access the certified
payrolls upon request for at least 3 years after the work on the
prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or
limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted
must set out accurately and completely all of the information
required to be maintained under paragraph 3.a.(2) of this
section, except that full Social Security numbers and last
known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the
certified payrolls need only include an individually identifying
number for each worker ( e.g., the last four digits of the
worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional
Form WH–347 or in any other format desired. Optional Form
WH–347 is available for this purpose from the Wage and Hour
Division website at https://www.dol.gov/sites/dolgov/files/WHD/
legacy/files/wh347/.pdf or its successor website. It is not a
violation of this section for a prime contractor to require a
subcontractor to provide full Social Security numbers and last
known addresses, telephone numbers, and email addresses to
the prime contractor for its own records, without weekly
submission by the subcontractor to the contracting agency.
(3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the
contractor's or subcontractor's agent who pays or supervises
the payment of the persons working on the contract, and must
certify the following:
(i) That the certified payroll for the payroll period contains
the information required to be provided under paragraph 3.b.
of this section, the appropriate information and basic records
are being maintained under paragraph 3.a. of this section,
and such information and records are correct and complete;
(ii) That each laborer or mechanic (including each helper
and apprentice) working on the contract during the payroll
period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination
incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse
side of Optional Form WH–347 will satisfy the requirement for
submission of the “Statement of Compliance” required by
paragraph 3.b.(3) of this section.
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(5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent
must be an original handwritten signature or a legally valid
electronic signature.
(6) Falsification. The falsification of any of the above
certifications may subject the contractor or subcontractor to
civil or criminal prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or
subcontractor must preserve all certified payrolls during the
course of the work and for a period of 3 years after all the work
on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or
subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and
extensions. The contractor or subcontractor must preserve
these contracts, subcontracts, and related documents during
the course of the work and for a period of 3 years after all the
work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other
documents that the contracting agency, the State DOT, the
FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of
any of the applicable statutes referenced by § 5.1, available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on
the job.
(2) Sanctions for non-compliance with records and worker
access requirements. If the contractor or subcontractor fails to
submit the required records or to make them available, or
refuses to permit worker interviews during working hours on
the job, the Federal agency may, after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the
case may be, that maintains such records or that employs
such workers, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records
upon request or to make such records available, or to permit
worker interviews during working hours on the job, may be
grounds for debarment action pursuant to § 5.12. In addition,
any contractor or other person that fails to submit the required
records or make those records available to WHD within the
time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative
proceeding under 29 CFR part 6 any of the required records
that were not provided or made available to WHD. WHD will
take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other
things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number
and last known address, telephone number, and email address
of each covered worker, and must provide them upon request
to the contracting agency, the State DOT, the FHWA, the
contractor, or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or other compliance
action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted
to work at less than the predetermined rate for the work they
perform when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship (OA), or with a State
Apprenticeship Agency recognized by the OA. A person who is
not individually registered in the program, but who has been
certified by the OA or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90
days of probationary employment as an apprentice in such a
program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to use apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits
in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to
journeyworkers on the job site in any craft classification must
not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio
applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated in paragraph 4.a.(1) of this section, must
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in
excess of the ratio permitted under this section must be paid
not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor
is performing construction on a project in a locality other than
the locality in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyworker's
hourly rate) applicable within the locality in which the
construction is being performed must be observed. If there is
no applicable ratio or wage rate for the locality of the project,
the ratio and wage rate specified in the contractor's registered
program must be observed.
b. Equal employment opportunity. The use of apprentices
and journeyworkers under this part must be in conformity with
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the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
23 CFR 230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be
greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract as
provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert
FHWA-1273 in any subcontracts, along with the applicable
wage determination(s) and such other clauses or contract
modifications as the contracting agency may by appropriate
instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination(s) in any
lower tier subcontracts. The prime contractor is responsible for
the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In
the event of any violations of these clauses, the prime
contractor and any subcontractor(s) responsible will be liable
for any unpaid wages and monetary relief, including interest
from the date of the underpayment or loss, due to any workers
of lower-tier subcontractors, and may be subject to debarment,
as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract as
provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29
CFR 5.5, disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor
(or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility. a. By entering into this contract,
the contractor certifies that neither it nor any person or firm
who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of 40
U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government contract by
virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in
the U.S. Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the DBA, Related
Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under the DBA, Related
Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal-aid construction contract in an amount in excess of
$100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek. 29 CFR
5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or
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mechanic, including watchpersons and guards, employed in
violation of the clause set forth in paragraph 1. of this section,
in the sum currently provided in 29 CFR 5.5(b)(2)* for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may
be adjusted annually by the Department of Labor, pursuant to
the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of
Labor, withhold or cause to be withheld from the contractor so
much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime
contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages
required by the clauses set forth in this section on this
contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract subject to
the Contract Work Hours and Safety Standards Act that is held
by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to the Contract Work Hours and Safety Standards Act
and is held by the same prime contractor, regardless of
whether the other contract was awarded or assisted by the
same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with Section IV
paragraph 2.a. or paragraph 3.a. of this section, or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert
in any subcontracts the clauses set forth in paragraphs 1.
through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs 1. through 5. In the
event of any violations of these clauses, the prime contractor
and any subcontractor(s) responsible will be liable for any
unpaid wages and monetary relief, including interest from the
date of the underpayment or loss, due to any workers of lower-
tier subcontractors, and associated liquidated damages and
may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the Contract
Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under
CWHSSA or this part;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under CWHSSA or this
part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System pursuant to 23 CFR
635.116.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” in
paragraph 1 of Section VI refers to workers employed or
leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
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(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph (1) of Section VI
is computed includes the cost of material and manufactured
products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
(a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work
in accordance with the contract requirements, and is in charge
of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph
(1) is not applicable to design-build contracts; however,
contracting agencies may establish their own self-performance
requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
Exhibit I- Page 10 of 14
EXHIBIT A TO RESOLUTION 2024-120
Page 144
Item 6.
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction
contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this
contract or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, subcontractor, supplier, or
vendor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251-1387). Violations must be reported
to the Federal Highway Administration and the Regional Office
of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may
direct as a means of enforcing such requirements. 2 CFR
200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction. 2 CFR 180.320.
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. 2 CFR
180.325.
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. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900-180.1020, 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 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. 2
CFR 180.330.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
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. 2 CFR 180.300;
180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. 2
CFR 180.335. 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/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default. 2 CFR 180.325.
* * * * *
Exhibit I- Page 11 of 14
EXHIBIT A TO RESOLUTION 2024-120
Page 145
Item 6.
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1)Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2)Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property, 2 CFR 180.800;
(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, 2 CFR 180.700 and
180.800; 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. 2
CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(6) Are not a corporation with 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 (USDOT Order 4200.6 implementing appropriations act
requirements).
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant should attach an explanation to this proposal. 2
CFR 180.335 and 180.340.
* * * * *
3.Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, 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. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, 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. 2 CFR 1200.220 and 1200.332.
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. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/), which is
compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e 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
Exhibit I- Page 12 of 14
EXHIBIT A TO RESOLUTION 2024-120
Page 146
Item 6.
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. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(3) is a corporation with 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.
(USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant should attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is
acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into
inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a
specific Federal-aid construction project, the bidder, proposer,
contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
extent such vessels are available at fair and reasonable rates
for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30
working days following the date of loading for shipments
originating outside the United States, a legible copy of a rated,
‘on-board’ commercial ocean bill-of-lading in English for each
shipment of cargo described in paragraph (b)(1) of this section
to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills-of-lading) and to the Office of
Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified
onboard, dated, with rates and charges. These bills of lading
may contain business sensitive information and therefore may
be submitted directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.
Exhibit I- Page 13 of 14
EXHIBIT A TO RESOLUTION 2024-120
Page 147
Item 6.
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
Exhibit I- Page 14 of 14
EXHIBIT A TO RESOLUTION 2024-120
Page 148
Item 6.
Exhibit J - Page 1 of 11
EXHIBIT J
ADDITIONAL FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
Executive Order 11246
Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by
Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR
Chapter 60) (All construction contracts awarded in excess of $10,000 by the Local Agencies and their
contractors or the Local Agencies).
Copeland "Anti-Kickback" Act
The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29
CFR Part 3) (All contracts and sub-Agreements for construction or repair).
Davis-Bacon Act
The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR
Part 5) (Construction contracts in excess of $2,000 awarded by the Local Agencies and the Local Agencies
when required by Federal Agreement program legislation. This act requires that all laborers and mechanics
employed by contractors or sub-contractors to work on construction projects financed by federal assistance
must be paid wages not less than those established for the locality of the project by the Secretary of Labor).
Contract Work Hours and Safety Standards Act
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by the
Local Agency’s in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment
of mechanics or laborers).
Clean Air Act
Standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section
508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR Part 15) (contracts, subcontracts, and sub-Agreements of amounts more than $100,000).
Energy Policy and Conservation Act
Mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163).
OMB Circulars
Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is
applicable.
Hatch Act
The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds
cannot be used for partisan political purposes of any kind by any person or organization involved in the
administration of federally assisted programs.
Nondiscrimination
The Local Agency shall not exclude from participation in, deny the benefits of, or subject to discrimination
any person in the United States on the ground of race, color national origin, sex, age or disability. Prior to the
receipt of any Federal financial assistance from CDOT, the Local Agency shall execute the attached Standard
DOT Title VI assurance. As appropriate, the Local Agency shall include Appendix A, B, or C to the Standard
DOT Title VI assurance in any contract utilizing federal funds, land, or other aid. The Local Agency shall also
include the following in all contract advertisements:
The [Local Agency], in accordance with the provisions of Title VI of the Civil Rights Act
of 1964 (79 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies
all bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, DBEs 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 any award.
EXHIBIT A TO RESOLUTION 2024-120
Page 149
Item 6.
Exhibit J - Page 2 of 11
ADA
In any contract utilizing federal funds, land, or other federal aid, the Local Agency shall require the federal-
aid recipient or contractor to provide a statement of written assurance that they will comply with Section 504
and not discriminate on the basis of disability.
Uniform Relocation Assistance and Real Property Acquisition Policies Act
The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-
646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and
displacing households or businesses in the performance of the Agreement).
Drug-Free Workplace Act
The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.).
Age Discrimination Act of 1975
The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45
C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing
regulation 45 C.F.R. Part 84.
23 C.F.R. Part 172
23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts".
23 C.F.R Part 633
23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts".
23 C.F.R. Part 635
23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The requirements
for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof.
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid
Highway Act of 1973, the Contractor, for itself, its assignees, and successors in interest, agree as follows:
i. Compliance with Regulations
The Contractor will comply with the Regulations of the Department of Transportation relative to
nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code
of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein
incorporated by reference and made a part of this Agreement.
ii. Nondiscrimination
The Contractor, with regard to the work performed by it after award and prior to completion of the
contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or
national origin in the selection and retention of Subcontractors, including procurement of materials and
leases of equipment. The Contractor will not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including employment practices when
the contract covers a program set forth in Appendix C of the Regulations.
iii. Solicitations for Subcontracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurement of materials or equipment, each potential
Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this
Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental
or physical handicap or national origin.
iv. Information and Reports
The Contractor will provide all information and reports required by the Regulations, or orders and
instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources
of information and its facilities as may be determined by the State or the FHWA to be pertinent to
ascertain compliance with such Regulations, orders, and instructions. Where any information required
of the Contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth
what efforts have been made to obtain the information.
EXHIBIT A TO RESOLUTION 2024-120
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Item 6.
Exhibit J - Page 3 of 11
v. Sanctions for Noncompliance
In the event of the Contractor's noncompliance with the nondiscrimination provisions of this
Agreement, the State shall impose such contract sanctions as it or the FHWA may determine to be
appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the
contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the
contract, in whole or in part.
Incorporation of Provisions §22
The Contractor will include the provisions of this Exhibit J in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant
thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the
FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided,
however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a
Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such
litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into
such litigation to protect the interests of the United States.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Item 6.
Exhibit J - Page 4 of 11
SAMPLE
The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination
Assurances for Local Agencies
DOT Order No. 1050.2A
The [Local Agency] (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving
any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Colorado Department
of Transportation and the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and
Federal Aviation Administration (FAA), 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 (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
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, FTA,
or FAA.
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 FHWA, FTA, and FAA assisted programs:
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. § 21 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 all FHWA, FTA and FAA programs
and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
3. "The [Local Agency] in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will
be afforded full and fair opportunity
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Item 6.
Exhibit J - Page 5 of 11
4. 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."
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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, sub-grantees, 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.
12. 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 [Local Agency] also agrees to comply (and require any sub-recipients, sub-
grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing
the FHWA, FTA, and FAA’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 CDOT, FHWA, FTA, or FAA. You must keep records, reports, and submit the material for review
EXHIBIT A TO RESOLUTION 2024-120
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Item 6.
Exhibit J - Page 6 of 11
upon request to CDOT, FHWA, FTA, or FAA, 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.
[Local Agency] 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 FHWA, FTA, and FAA. This ASSURANCE
is binding on [Local Agency], other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their
subcontractors', transferees, successors in interest, and any other participants in the FHWA, FTA, and FAA funded
programs. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient.
(Name of Recipient)
by
(Signature of Authorized Official)
DATED
EXHIBIT A TO RESOLUTION 2024-120
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Item 6.
Exhibit J - Page 7 of 11
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 Federally-assisted programs of the U.S. Department of
Transportation, 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 CFR Part 21.
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 [Local Agency], CDOT or 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 [Local Agency], CDOT or 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 [Local Agency] will impose such contract sanctions as it, CDOT or 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 the Recipient or the [Local Agency], CDOT or 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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Item 6.
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 Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the
[Local Agency] will accept title to the lands and maintain the project constructed thereon in accordance with (Name of
Appropriate Legislative Authority), the Regulations for the Administration of (Name of Appropriate Program), and
the policies and procedures prescribed by the 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, Non-discrimination in Federally-assisted programs of the
U.S Department of Transportation 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 [Local
Agency] 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 [Local Agency] 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 [Local Agency] its successors and assigns.
The [Local Agency], 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 [Local Agency] 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, Non-discrimination in Federally-assisted programs of the
U.S. Department of Transportation, 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 above-mentioned 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].*
(*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.)
Exhibit J - Page 8 of 11
EXHIBIT A TO RESOLUTION 2024-120
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Item 6.
Exhibit J - Page 9 of 11
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
[Local Agency] pursuant to the provisions of Assurance 7(a):
A. The (grantee, 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 (grantee,
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 Non-discrimination
covenants, [Local Agency] 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 [Local Agency]
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 [Local Agency] 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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Item 6.
Exhibit J - Page 10 of 11
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
[Local Agency] pursuant to the provisions of Assurance 7(b):
A. The (grantee, 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
(grantee, 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, [Local Agency] 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, [Local Agency]
will there upon revert to and vest in and become the absolute property of [Local Agency] of Transportation 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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Item 6.
Exhibit J - Page 11 of 11
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 non-
discrimination 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 CFR Part
21.
• 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);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex);
• 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 CFR 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 USC § 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);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low- Income Populations, which ensures non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• 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).
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Item 6.
EXHIBIT K
FFATA SUPPLEMENTAL FEDERAL PROVISIONS
State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended
Revised as of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole
or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental
Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the
contract, the provisions of these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings
ascribed to them below.
1.1. “Award” means an award of Federal financial assistance that a non-Federal Entity receives or administers
in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended
(15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non-
Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award is
called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the
American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5).
1.2. “Contract” means the contract to which these Supplemental Provisions are attached and includes all Award
types in §1.1.1 through 1.1.11 above.
1.3. “Contractor” means the party or parties to a Contract funded, in whole or in part, with Federal financial
assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers.
For purposes of Transparency Act reporting, Contractor does not include Vendors.
1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and
assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s website
may be found at: http://fedgov.dnb.com/webform.
1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C;
1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
Exhibit K - Page 1 of 4
EXHIBIT A TO RESOLUTION 2024-120
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Item 6.
1.5.4. A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal entity.
1.6. “Executive” means an officer, managing partner or any other employee in a management position.
1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal agency
to a Prime Recipient.
1.8. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282),
as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the “Transparency
Act.”
1.9. “Prime Recipient” means a Colorado State agency or institution of higher education that receives an Award.
1.10. “Subaward” means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a
portion of such funds to a Subrecipient, in exchange for the Subrecipient’s support in the performance of all
or any portion of the substantive project or program for which the Award was granted.
1.11. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-
Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal
project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and
conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The
term “Subrecipient” includes and may be referred to as Subgrantee.
1.12. “Subrecipient Parent DUNS Number” means the subrecipient parent organization’s 9-digit Data
Universal Numbering System (DUNS) number that appears in the subrecipient’s System for Award
Management (SAM) profile, if applicable.
1.13. “Supplemental Provisions” means these Supplemental Provisions for Federally Funded Contracts, Grants,
and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As
Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institution of higher education.
1.14. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter
the information required under the Transparency Act, which may be found at http://www.sam.gov.
1.15. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime
Recipient’s or Subrecipient’s preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)
(FAS 123R), Shared Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of Executives
and are available generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the Executive exceeds $10,000.
1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA.
1.17 “Vendor” means a dealer, distributor, merchant or other seller providing property or services required for a
project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not
subject to the terms and conditions of the Federal award. Program compliance requirements do not pass
through to a Vendor.
Exhibit K - Page 2 of 4
EXHIBIT A TO RESOLUTION 2024-120
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Item 6.
2.Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations
issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such
provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity
of either party executing any further instrument. The State of Colorado may provide written notification to
Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions.
3.System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the
final financial report required under the Award or receives final payment, whichever is later. Contractor shall
review and update SAM information at least annually after the initial registration, and more frequently if
required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor’s
information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if
required by changes in Contractor’s information.
4.Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts
and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
4.3. The public does not have access to information about the compensation of such Executives through periodic
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)
or § 6104 of the Internal Revenue Code of 1986.
5.Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below if
Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to
Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such
reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from
the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such
changes shall be automatically incorporated into this Contract and shall become part of Contractor’s obligations
under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries
of revised OMB reporting requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6.Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions apply
to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1,
2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award
modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of
the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de-
obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the
reporting requirements.
7.Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below.
Exhibit K - Page 3 of 4
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7.1 To SAM. A Subrecipient shall register in SAM and report the following data
elements in SAM for each Federal Award Identification Number no later than the
end of the month following the month in which the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT)
account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient’s address, including: Street Address, City, State,
Country, Zip + 4, and Congressional District;
7.1.5 Subrecipient’s top 5 most highly compensated Executives if the
criteria in §4 above are met; and
7.1.6 Subrecipient’s Total Compensation of top 5 most highly compensated Executives if
criteria in
§4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon
the effective date of the Contract, the following dataelements:
7.2.1 Subrecipient’s DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including: Street Address,
City, State, Country, Zip code + 4, and Congressional District.
8.Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who receives an
Award as a natural person, unrelated to any business or non-profit organization he
or she may own or operate in his or her name.
8.2 A Contractor with gross income from all sources of less than $300,000 in the
previous tax year is exempt from the requirements to report Subawards and the Total
Compensation of its most highly compensated Executives.
8.3 Effective October 1, 2010, “Award” currently means a grant, cooperative agreement,
or other arrangement as defined in Section 1.1 of these Special Provisions. On future
dates “Award” may include other items to be specified by OMB in policy
memoranda available at the OMB Web site; Award also will include other types of
Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
Event of Default. Failure to comply with these Supplemental Provisions shall constitute an
event of default under the Contract and the State of Colorado may terminate the Contract upon
30 days prior written notice if the default remains uncured five calendar days following the
termination of the 30 day notice period. This remedy will be in addition to any other remedy
available to the State of Colorado under the Contract, at law or in equity.
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EXHIBIT L
SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT
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EXHIBIT M
OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS
Subject to
The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”),
Federal Register, Vol. 78, No. 248, 78590
The agreement to which these Uniform Guidance Supplemental Provisions are attached has been funded, in
whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these
Supplemental Provisions, the Special Provisions, the agreement or any attachments or exhibits incorporated
into and made a part of the agreement, the provisions of these Uniform Guidance Supplemental Provisions
shall control. In the event of a conflict between the provisions of these Supplemental Provisions and the
FFATA Supplemental Provisions, the FFATA Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to the Award unless the
terms and conditions of the Federal Award specifically indicate otherwise. 2 CFR §200.38
1.2. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement
contract under the Federal Acquisition Requirements by a Federal Awarding Agency to a
Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of
the Federal Award. The term does not include payments to a contractor or payments to an
individual that is a beneficiary of a Federal program.
1.3.“Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient.
2CFR §200.37
1.4. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109- 282), as amended by §6202 of Public Law 110-252.
1.5. “Grant” or “Grant Agreement” means an agreement setting forth the terms and conditions of an
Award. The term does not include an agreement that provides only direct Federal cash assistance
to an individual, a subsidy, a loan, a loan guarantee, insurance, or acquires property or services
for the direct benefit of use of the Federal Awarding Agency or Recipient. 2 CFR§200.51.
1.6. “OMB” means the Executive Office of the President, Office of Management and Budget.
1.7. “Recipient” means a Colorado State department, agency or institution of higher education that
receives a Federal Award from a Federal Awarding Agency to carry out an activity under a
Federal program. The term does not include Subrecipients. 2 CFR §200.86
1.8. “State” means the State of Colorado, acting by and through its departments, agencies and
institutions of higher education.
1.9. “Subrecipient” means a non-Federal entity receiving an Award from a Recipient to carry out part
of a Federal program. The term does not include an individual who is a beneficiary of such
program.
1.10. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes
requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102,
and A- 133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and
conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform
Guidance or the terms and conditions of the Federal Award specifically indicate otherwise.
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1.11. “Uniform Guidance Supplemental Provisions” means these Supplemental Provisions for
Federal Awards subject to the OMB Uniform Guidance, as may be revised pursuant to ongoing
guidance from relevant Federal agencies or the Colorado State Controller.
2. Compliance. Subrecipient shall comply with all applicable provisions of the Uniform Guidance,
including but not limited to these Uniform Guidance Supplemental Provisions. Any revisions to such
provisions automatically shall become a part of these Supplemental Provisions, without the
necessity of either party executing any further instrument. The State of Colorado may provide
written notification to Subrecipient of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
3. Procurement Standards.
3.1 Procurement Procedures. Subrecipient shall use its own documented procurement procedures
which reflect applicable State, local, and Tribal laws and regulations, provided that the
procurements conform to applicable Federal law and the standards identified in the Uniform
Guidance, including without limitation,
§§200.318 through 200.326 thereof.
3.2 Procurement of Recovered Materials. If Subrecipient is a State Agency or an agency of
a political subdivision of a state, its contractors must comply with section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
4. Access to Records. Subrecipient shall permit Recipient and auditors to have access to Subrecipient’s
records and financial statements as necessary for Recipient to meet the requirements of §200.331
(Requirements for pass through entities), §§200.300 (Statutory and national policy requirements) through
200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR
§200.331(a)(5).
5. Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during
Subrecipient’s fiscal year, Subrecipient shall procure or arrange for a single or program-specific audit
conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the
Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-
7507). 2 CFR §200.501.
5.1 Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance
§200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in
accordance with §200.507 (Program-specific audits). Subrecipient may elect to have a
program-specific audit if Subrecipient expends Federal Awards under only one Federal
program (excluding research and development) and the Federal program's statutes,
regulations, or the terms and conditions of the Federal award do not require a financial
statement audit of Recipient. A program-specific audit may not be elected for research
and development unless all of the Federal Awards expended were received from
Recipient and Recipient approves in advance a program-specific audit.
5.2 Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year,
Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2
CFR §200.503 (Relation to other audit requirements), but records shall be available for review or
audit by appropriate officials of the Federal agency, the State, and the Government
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Accountability Office.
5.3 Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for
the audit required by Part F of the Uniform Guidance and ensure it is properly performed and
submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare
appropriate financial statements, including the schedule of expenditures of Federal awards in
accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with
access to personnel, accounts, books, records, supporting documentation, and other
information as needed for the auditor to perform the audit required by Uniform Guidance
Part F-Audit Requirements.
6. Contract Provisions for Subrecipient Contracts. Subrecipient shall comply with and shall include
all of the following applicable provisions in all subcontracts entered into by it pursuant to this Grant
Agreement.
6.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.”
“During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be provided
by the agency contracting officer, advising the labor union or workers' representative of the
contractor's commitments
under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be canceled,
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terminated or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided bylaw.
(7) The contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as may be directed by the Secretary
of Labor as a means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction, the contractor may request
the United States to enter into such litigation to protect the interests of the United States.”
6.2 Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C.
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR
Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction”). In accordance with the statute, contractors must
be required to pay wages to laborers and mechanics at a rate not less than the prevailing
wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non-Federal
entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The
non-Federal entity must report all suspected or reported violations to the Federal
awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40
U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States”). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she
is other wise entitled.
The non-Federal entity must report all suspected or reported violations to the Federal awarding
agency.
6.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that
“funding agreement,” Subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing
regulations issued by the awarding agency.
6.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
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Agency (EPA).
6.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
6.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non- Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award.
7. Certifications. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient
to submit certifications and representations required by Federal statutes or regulations on an annual
basis. 2CFR §200.208. Submission may be required more frequently if Subrecipient fails to meet
a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end
of the Award that the project or activity was completed or the level of effort was expended. 2
CFR §200.201(3). If the required level of activity or effort was not carried out, the amount of
the Award must be adjusted.
7.1 Event of Default. Failure to comply with these Uniform Guidance Supplemental Provisions shall
constitute an event of default under the Grant Agreement (2 CFR §200.339) and the State may
terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar
days following the termination of the 30 day notice period. This remedy will be in addition to
any other remedy available to the State of Colorado under the Grant, at law or in equity.
8. Effective Date. The effective date of the Uniform Guidance is December 26, 2013. 2 CFR §200.110. The
procurement standards set forth in Uniform Guidance §§200.317-200.326 are applicable to new Awards
made by Recipient as of December 26, 2015. The standards set forth in Uniform Guidance Subpart F-
Audit Requirements are applicable to audits of fiscal years beginning on or after December 26, 2014.
9. Performance Measurement. The Uniform Guidance requires completion of OMB-approved standard
information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award
Performance Goals that awarding Federal agencies are required to detail in the Awards.
Section 200.301 provides guidance to Federal agencies to measure performance in a way that will help
the Federal awarding agency and other non-Federal entities to improve program outcomes.
The Federal awarding agency is required to provide recipients with clear performance goals, indicators,
and milestones (200.210). Also, must require the recipient to relate financial data to performance
accomplishments of the Federal award.
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Exhibit N
Federal Treasury Provisions
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part,
with an Award of Federal funds. In the event of a conflict between the provisions of these Federal
Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits
incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall
control.
1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients, including
ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms and
Conditions, Treasury’s Final Rule, and reporting requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier subrecipient),
must hold the 2nd tier subrecipient accountable to these provisions and adhere to reporting
requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the
terms and conditions of that financial assistance, that a non-Federal Entity receives or
administers.
2.1.2. “Entity” means:
2.1.2.1. a Non-Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a
non-Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. “Executive” means an officer, managing partner or any other employee in a management
position.
2.1.4. “Expenditure Category (EC)” means the category of eligible uses as defined by the US
Department of Treasury in “Appendix 1 of the Compliance and Reporting Guidance,
State and Local Fiscal Recovery Funds” report available at www.treasury.gov.
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2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.6. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these Federal
Provisions are attached.
2.1.8. “Non-Federal Entity means a State, local government, Indian tribe, institution of higher
education, or nonprofit organization that carries out a Federal Award as a Recipient or a
Subrecipient.
2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other
organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or similar
purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.10. “OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or
in part by a Federal Award. The terms and conditions of the Federal Award flow down
to the Subaward unless the terms and conditions of the Federal Award specifically
indicate otherwise in accordance with 2 CFR 200.101. The term does not include
payments to a Contractor or payments to an individual that is a beneficiary of a Federal
program.
2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under
an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime
Recipient to support the performance of the Federal project or program for which the
Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the
Federal Award to the Prime Recipient, including program compliance requirements. The
term does not include an individual who is a beneficiary of a federal program.
2.1.15. “System for Award Management (SAM)” means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may be
found at http://www.sam.gov. “Total Compensation” means the cash and noncash dollar
value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding
fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the
following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
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fiscal year in accordance with the Statement of Financial Accounting Standards
No. 123 (Revised 2005) (FAS 123R), Shared Based Payments;
2.1.15.3. Earnings for services under non-equity incentive plans, not including group life,
health, hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.,
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the Executive exceeds $10,000.
2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of
2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. “Uniform Guidance” means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
2.1.18. “Unique Entity ID” means the Unique Entity ID established by the federal government
for a Grantee at https://sam.gov/content/home.
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and
all applicable Federal Laws and regulations required by this Federal Award Any revisions to
such provisions or regulations shall automatically become a part of these Federal Provisions,
without the necessity of either party executing any further instrument. The State of Colorado,
at its discretion, may provide written notification to Grantee of such revisions, but such notice
shall not be a condition precedent to the effectiveness of such revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must not include a
term or conditions that undermines efforts to stop COVID-19 or discourages compliance with
recommendations and CDC guidelines.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID (UEI) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update
Grantee’s information in Sam.gov at least annually.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and
5.1.2. In the preceding fiscal year, Grantee received:
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5.1.2.1. 80% or more of its annual gross revenues from Federal procurement Agreements
and Subcontractors and/or Federal financial assistance Awards or Subawards
subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the compensation of
such Executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the
Internal Revenue Code of 1986.
6. REPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall
report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct
payment shall be made to Grantee for providing any reports required under these Federal
Provisions and the cost of producing such reports shall be included in the Grant price. The
reporting requirements in this Exhibit are based on guidance from the OMB, and as such are
subject to change at any time by OMB. Any such changes shall be automatically incorporated
into this Grant and shall become part of Grantee’s obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial
award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award
modifications result in a total Award of $30,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or
more, but funding is subsequently de-obligated such that the total award amount falls below
$30,000, the Award shall continue to be subject to the reporting requirements. If the total
award is below $30,000 no reporting required; if more than $30,000 and less than $50,000
then FFATA reporting is required; and, $50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to
audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Grantee shall report as set forth below.
8.1.1. Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced in
Exhibit P to report to the State Agency within ten (10) days following each quarter ended
September, December, March and June. Additional information on specific requirements
are detailed in the SLFRF Subrecipient Quarterly Report Workbooks and "Compliance
and Reporting Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov.
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EC 1 – Public Health
All Public Health Projects
a) Description of structure and objectives
b) Description of relation to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
COVID-19 Interventions and Mental Health (1.4, 1.11, 1.12, 1.13)
a) Amount of total project used for evidence-based programs
b) Evaluation plan description
COVID-19 Small Business Economic Assistance (1.8)
a) Number of small businesses served
COVID-19 Assistance to Non-Profits (1.9)
a) Number of non-profits served
COVID-19 Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (1.10)
a) Sector of employer
b) Purpose of funds
EC 2 – Negative Economic Impacts
All Negative Economic Impacts Projects
a) Description of project structure and objectives
b) Description of project’s response to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Amount of total project used for evidence-based programs and description of evaluation
plan (not required for 2.5, 2.8, 2.21-2.24, 2.27-2.29, 2.31, 2.34-2.36)
e) Number of workers enrolled in sectoral job training programs
f) Number of workers completing sectoral job training programs
g) Number of people participating in summer youth employment programs
h) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
Household Assistance (2.1-2.8)
a) Number of households served
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b) Number of people or households receiving eviction prevention services (2.2 & 2.5 only)
(Federal guidance may change this requirement in July 2022)
c) Number of affordable housing units preserved or developed (2.2 & 2.5 only) (Federal
guidance may change this requirement in July 2022)
Healthy Childhood Environments (2.11-2.13)
a) Number of children served by childcare and early learning (Federal guidance may change
this requirement in July 2022)
b) Number of families served by home visiting (Federal guidance may change this
requirement in July 2022)
Education Assistance (2.14, 2.24-2.27)
a) National Center for Education Statistics (“NCES”) School ID or NCES District ID
b) Number of students participating in evidence-based programs (Federal guidance may
change this requirement in July 2022)
Housing Support (2.15, 2.16, 2.18)
a) Number of people or households receiving eviction prevention services (Federal
guidance may change this requirement in July 2022)
b) Number of affordable housing units preserved or developed (Federal guidance may
change this requirement in July 2022)
Small Business Economic Assistance (2.29-2.33)
a) Number of small businesses served
Assistance to Non-Profits (2.34)
a) Number of non-profits served
Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (2.35-2.36)
a) Sector of employer
b) Purpose of funds
c) If other than travel, tourism and hospitality (2.36) – description of hardship
EC 3 – Public Health – Negative Economic Impact: Public Sector Capacity
Payroll for Public Health and Safety Employees (EC 3.1)
a) Number of government FTEs responding to COVID-19
Rehiring Public Sector Staff (EC 3.2)
a) Number of FTEs rehired by governments
EC 4 – Premium Pay
All Premium Pay Projects
a) List of sectors designated as critical by the chief executive of the jurisdiction, if beyond
those listed in the final rule
b) Numbers of workers served
c) Employer sector for all subawards to third-party employers
d) Written narrative justification of how premium pay is responsive to essential work during
the public health emergency for non-exempt workers or those making over 150 percent of
the state/county’s average annual wage
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e) Number of workers to be served with premium pay in K-12 schools
EC 5 – Infrastructure Projects
All Infrastructure Projects
a) Projected/actual construction start date (month/year)
b) Projected/actual initiation of operations date (month/year)
c) Location (for broadband, geospatial data of locations to be served)
d) Projects over $10 million
i. Prevailing wage certification or detailed project employment and local impact
report
ii. Project labor agreement certification or project workforce continuity plan
iii. Prioritization of local hires
iv. Community benefit agreement description, if applicable
Water and sewer projects (EC 5.1-5.18)
a) National Pollutant Discharge Elimination System (NPDES) Permit Number (if
applicable; for projects aligned with the Clean Water State Revolving Fund)
b) Public Water System (PWS) ID number (if applicable; for projects aligned with the
Drinking Water State Revolving Fund)
c) Median Household Income of service area
d) Lowest Quintile Income of the service area
Broadband projects (EC 5.19-5.21)
a) Confirm that the project is designed to, upon completion, reliably meet or exceed
symmetrical 100 Mbps download and upload speeds.
i. If the project is not designed to reliably meet or exceed symmetrical 100 Mbps
download and upload speeds, explain why not, and
ii. Confirm that the project is designed to, upon completion, meet or exceed 100
Mbps download speed and between at least 20 Mbps and 100 Mbps upload
speed, and be scalable to a minimum of 100 Mbps download speed and 100
Mbps upload speed.
b) Additional programmatic data will be required for broadband projects and will be
defined in a subsequent version of the US Treasury Reporting Guidance, including, but
not limited to (Federal guidance may change this requirement in July 2022):
i. Number of households (broken out by households on Tribal lands and those
not on Tribal lands) that have gained increased access to broadband meeting
the minimum speed standards in areas that previously lacked access to service
of at least 25 Mbps download and 3 Mbps upload, with the number of
households with access to minimum speed standard of reliable 100 Mbps
symmetrical upload and download and number of households with access to
minimum speed standard of reliable 100 Mbps download and 20 Mbps upload
ii. Number of institutions and businesses (broken out by institutions on Tribal
lands and those not on Tribal lands) that have projected increased access to
broadband meeting the minimum speed standards in areas that previously
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lacked access to service of at least 25 Mbps download and 3 Mbps upload, in
each of the following categories: business, small business, elementary school,
secondary school, higher education institution, library, healthcare facility, and
public safety organization, with the number of each type of institution with
access to the minimum speed standard of reliable 100 Mbps symmetrical
upload and download; and number of each type of institution with access to
the minimum speed standard of reliable 100 Mbps download and 20 Mbps
upload.
iii. Narrative identifying speeds/pricing tiers to be offered, including the
speed/pricing of its affordability offering, technology to be deployed, miles of
fiber, cost per mile, cost per passing, number of households (broken out by
households on Tribal lands and those not on Tribal lands) projected to have
increased access to broadband meeting the minimum speed standards in areas
that previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, number of households with access to minimum speed standard
of reliable 100 Mbps symmetrical upload and download, number of
households with access to minimum speed standard of reliable 100 Mbps
download and 20 Mbps upload, and number of institutions and businesses
(broken out by institutions on Tribal lands and those not on Tribal lands)
projected to have increased access to broadband meeting the minimum speed
standards in areas that previously lacked access to service of at least 25 Mbps
download and 3 Mbps upload, in each of the following categories: business,
small business, elementary school, secondary school, higher education
institution, library, healthcare facility, and public safety organization. Specify
the number of each type of institution with access to the minimum speed
standard of reliable 100 Mbps symmetrical upload and download; and the
number of each type of institution with access to the minimum speed standard
of reliable 100 Mbps download and 20 Mbps upload.
All Expenditure Categories
a) Program income earned and expended to cover eligible project costs
8.1.2. A Subrecipient shall report the following data elements to Prime Recipient no later than
five days after the end of the month following the month in which the Subaward was
made.
8.1.2.1. Subrecipient Unique Entity ID;
8.1.2.2. Subrecipient Unique Entity ID if more than one electronic funds transfer (EFT)
account;
8.1.2.3. Subrecipient parent’s organization Unique Entity ID;
8.1.2.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4,
and Congressional District;
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8.1.2.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4
above are met; and
8.1.2.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives
if the criteria in §4 above met.
8.1.3. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the following
data elements:
8.1.3.1. Subrecipient’s Unique Entity ID as registered in SAM.
8.1.3.2. Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
8.1.3.3. Narrative identifying methodology for serving disadvantaged communities. See
the "Project Demographic Distribution" section in the "Compliance and Reporting
Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov. This requirement is applicable to all projects in Expenditure
Categories 1 and 2.
8.1.3.4. Narrative identifying funds allocated towards evidenced-based interventions and
the evidence base. See the “Use of Evidence” section in the “Compliance and
Reporting Guidance, State and Local Fiscal Recovery Funds” report available at
www.treasury.gov. See section 8.1.1 for relevant Expenditure Categories.
8.1.3.5. Narrative describing the structure and objectives of the assistance program and in
what manner the aid responds to the public health and negative economic impacts
of COVID-19. This requirement is applicable to Expenditure Categories 1 and 2.
For aid to travel, tourism, and hospitality or other impacted industries (EC 2.11-
2.12), also provide the sector of employer, purpose of funds, and if not travel,
tourism and hospitality a description of the pandemic impact on the industry.
8.1.3.6. Narrative identifying the sector served and designated as critical to the health and
well-being of residents by the chief executive of the jurisdiction and the number
of workers expected to be served. For groups of workers (e.g., an operating unit,
a classification of worker, etc.) or, to the extent applicable, individual workers,
other than those where the eligible worker receiving premium pay is earning (with
the premium pay included) below 150 percent of their residing state or county’s
average annual wage for all occupations, as defined by the Bureau of Labor
Statistics Occupational Employment and Wage Statistics, whichever is higher,
OR the eligible worker receiving premium pay is not exempt from the Fair Labor
Standards Act overtime provisions, include justification of how the premium pay
or grant is responsive to workers performing essential work during the public
health emergency. This could include a description of the essential workers'
duties, health or financial risks faced due to COVID-19 but should not include
personally identifiable information. This requirement applies to EC 4.1, and 4.2.
8.1.3.7. For infrastructure projects (EC 5), or capital expenditures in any expenditure
category, narrative identifying the projected construction start date (month/year),
projected initiation of operations date (month/year), and location (for broadband,
geospatial location data). For projects over $10 million:
8.1.3.8. Certification that all laborers and mechanics employed by Contractors and
Subcontractors in the performance of such project are paid wages at rates not less
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than those prevailing, as determined by the U.S. Secretary of Labor in accordance
with subchapter IV of chapter 31 of title 40, United States Code (commonly
known as the "Davis-Bacon Act"), for the corresponding classes of laborers and
mechanics employed on projects of a character similar to the Agreement work in
the civil subdivision of the State (or the District of Columbia) in which the work
is to be performed, or by the appropriate State entity pursuant to a corollary State
prevailing-wage-in-construction law (commonly known as "baby Davis-Bacon
Acts"). If such certification is not provided, a recipient must provide a project
employment and local impact report detailing (1) the number of employees of
Contractors and sub-contractors working on the project; (2) the number of
employees on the project hired directly and hired through a third party; (3) the
wages and benefits of workers on the project by classification; and (4) whether
those wages are at rates less than those prevailing. Recipients must maintain
sufficient records to substantiate this information upon request.
8.1.3.8.1. A Subrecipient may provide a certification that a project includes a project
labor agreement, meaning a pre-hire collective bargaining agreement
consistent with section 8(f) of the National Labor Relations Act (29 U.S.C.
158(f)). If the recipient does not provide such certification, the recipient must
provide a project workforce continuity plan, detailing: (1) how the Subrecipient
will ensure the project has ready access to a sufficient supply of appropriately
skilled and unskilled labor to ensure high-quality construction throughout the
life of the project; (2) how the Subrecipient will minimize risks of labor
disputes and disruptions that would jeopardize timeliness and cost-
effectiveness of the project; and (3) how the Subrecipient will provide a safe
and healthy workplace that avoids delays and costs associated with workplace
illnesses, injuries, and fatalities; (4) whether workers on the project will receive
wages and benefits that will secure an appropriately skilled workforce in the
context of the local or regional labor market; and (5) whether the project has
completed a project labor agreement.
8.1.3.8.2. Whether the project prioritizes local hires.
8.1.3.8.3. Whether the project has a Community Benefit Agreement, with a description
of any such agreement.
8.1.4. Subrecipient also agrees to comply with any reporting requirements established by the US
Treasury, Governor’s Office and Office of the State Controller. The State of Colorado may
need additional reporting requirements after this agreement is executed. If there are
additional reporting requirements, the State will provide notice of such additional reporting
requirements via Exhibit Q – SLFRF Reporting Modification Form.
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9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable regulations,
provided that the procurements conform to applicable Federal law and the standards
identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through
200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent
consistent with law, the non-Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must be included
in all subawards including all Agreements and purchase orders for work or products under
this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a
political subdivision of the State, its Contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient’s
records and financial statements as necessary for Recipient to meet the requirements of 2
CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and
national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart
F-Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s
fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit
conducted for that year in accordance with the provisions of Subpart F-Audit Requirements
of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31
U.S.C. 7501-7507). 2 CFR 200.501.
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11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform
Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-
specific audit conducted in accordance with 2 CFR 200.507 (Program-specific audits).
The Subrecipient may elect to have a program-specific audit if Subrecipient expends
Federal Awards under only one Federal program (excluding research and development)
and the Federal program’s statutes, regulations, or the terms and conditions of the Federal
award do not require a financial statement audit of Prime Recipient. A program-specific
audit may not be elected for research and development unless all of the Federal Awards
expended were received from Recipient and Recipient approves in advance a program-
specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its
fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that
year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records
shall be available for review or audit by appropriate officials of the Federal agency, the
State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is
properly performed and submitted when due in accordance with the Uniform Guidance.
Subrecipient shall prepare appropriate financial statements, including the schedule of
expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements)
and provide the auditor with access to personnel, accounts, books, records, supporting
documentation, and other information as needed for the auditor to perform the audit
required by Uniform Guidance Subpart F-Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all Subcontractors
entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements that
meet the definition of “federally assisted construction Agreement” in 41 CFR Part 60-1.3
shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,”
and implementing regulations at 41 CFR part 60, Office of Federal Agreement
Compliance Programs, Equal Employment Opportunity, Department of Labor.
12.1.2. [Applicable to on-site employees working on government-funded construction, alteration
and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-
3148).
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12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the
definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime Recipient or
Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the
Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Agreements and Cooperative Agreements,” and any implementing
regulations issued by the Federal Awarding Agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-Federal awardees to agree to
comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and
the Regional Office of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Agreement, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
12.1.7. Never Contract with the Enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing “Never Contract with the Enemy”
in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered Agreements, grants
and cooperative agreements that are expected to exceed $50,000 within the period of
performance, are performed outside the United States and its territories, and are in support
of a contingency operation in which members of the Armed Forces are actively engaged
in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment
(2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds
on certain telecommunications and video surveillance services or equipment pursuant to
2 CFR 200.216.
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12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee, and
assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits
recipients of federal financial assistance from excluding from a program or activity, denying
benefits of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury’s Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
this Agreement (or agreement). Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.
C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations,
31 CRF Part 22, and herein incorporated by reference and made part of this Agreement or
agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement with
Recipient of Federal Recovery Funds” Certification Form in Exhibit E and submit to State
Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes or
regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently
if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in
writing to the State at the end of the Award that the project or activity was completed or the
level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort
was not carried out, the amount of the Award must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in
his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year
is exempt from the requirements to report Subawards and the Total Compensation of its most
highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the
Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30-day notice
period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as
follows:
15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to
comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized
by law, if an award no longer effectuates the program goals or agency priorities;
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Item 6.
Exhibit N- Page 15 of 15 Version 1.31.23
15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non-
Federal Entity, in which case the two parties must agree upon the termination conditions,
including the effective date and, in the case of partial termination, the portion to be
terminated;
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-
through Entity written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal Awarding Agency or Pass-through Entity determines in the case
of partial termination that the reduced or modified portion of the Federal Award or
Subaward will not accomplish the purposes for which the Federal Award was made, the
Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its
entirety; or
15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination
provisions included in the Federal Award.
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Item 6.
Exhibit O - Page 1 of 9
EXHIBIT O
AGREEMENT WITH SUBSUBRECIPIENT OF FEDERAL RECOVERY FUNDS
Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the American
Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of
the Treasury (Treasury) to make payments to certain Subrecipients from the Coronavirus State
Fiscal Recovery Fund. The State of Colorado has signed and certified a separate agreement with
Treasury as a condition of receiving such payments from the Treasury. This agreement is
between your organization and the State and your organization is signing and certifying the
same terms and conditions included in the State’s separate agreement with Treasury. Your
organization is referred to as a Subrecipient.
As a condition of your organization receiving federal recovery funds from the State, the
authorized representative below hereby (i) certifies that your organization will carry out the
activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto. Your
organization also agrees to use the federal recovery funds as specified in bills passed by the
General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized representative
has read and understood the organization’s obligations in the Assurances of Compliance and
Civil Rights Requirements, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the organization is in compliance with the
nondiscrimination requirements.
Subrecipient Name __________________________________
Authorized Representative: _______________________________
Title: __________________________________
Signature: ___________________________
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Item 6.
Exhibit O - Page 2 of 9
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
TERMS AND CONDITIONS
Use of Funds.
a.Subrecipient understands and agrees that the funds disbursed under this award may only
be used in compliance with section 602(c) of the Social Security Act (the Act) and
Treasury’s regulations implementing that section and guidance.
b.Subrecipient will determine prior to engaging in any project using this assistance that
it has the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
Period of Performance. The period of performance for this award begins on the date hereof
and ends on December 31, 2026. As set forth in Treasury’s implementing regulations,
Subrecipient may use award funds to cover eligible costs incurred during the period that
begins on March 3, 2021, and ends on December 31, 2024.
Reporting. Subrecipient agrees to comply with any reporting obligations established by
Treasury as they relate to this award. Subrecipient also agrees to comply with any reporting
requirements established by the Governor’s Office and Office of the State Controller.
Maintenance of and Access to Records
a.Subrecipient shall maintain records and financial documents sufficient to evidence
compliance with section 602(c), Treasury’s regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b.The Treasury Office of Inspector General and the Government Accountability Office,
or their authorized representatives, shall have the right of access to records (electronic
and otherwise) of Subrecipient in order to conduct audits or other investigations.
c.Records shall be maintained by Subrecipient for a period of five (5) years after all funds
have been expended or returned to Treasury, whichever is later.
Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
Administrative Costs. Subrecipient may use funds provided under this award to cover both
direct and indirect costs. Subrecipient shall follow guidance on administrative costs issued
by the Governor’s Office and Office of the State Controller.
Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
Conflicts of Interest. The State of Colorado understands and agrees it must maintain a conflict
of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
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is applicable to each activity funded under this award. Subrecipient and Contractors must
disclose in writing to the Office of the State Controller or the pass-through entity, as appropriate,
any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §
200.112. The Office of the State Controller shall disclose such conflict to Treasury.
Compliance with Applicable Law and Regulations.
a.Subrecipient agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance
issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all
other applicable federal statutes, regulations, and executive orders, and Subrecipient
shall provide for such compliance by other parties in any agreements it enters into with
other parties relating to this award.
b.Federal regulations applicable to this award include, without limitation, the following:
i.Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions
as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury. Subpart F – Audit
Requirements of the Uniform Guidance, implementing the Single Audit Act,
shall apply to this award.
ii.Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part
25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference.
iii.Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part
170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
170 is hereby incorporated by reference.
iv.OMB Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a
term or condition in all lower tier covered transactions (Agreements and
Subcontractors described in 2 C.F.R. Part 180, subpart B) that the award is
subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31
C.F.R. Part 19.
v.Subrecipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby
incorporated by reference.
vi.Government wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii.New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655) and implementing regulations.
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Item 6.
Exhibit O - Page 4 of 9
ix.Generally applicable federal environmental laws and regulations.
c.Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i.Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance;
ii.The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of
race, color, religion, national origin, sex, familial status, or disability;
iii.Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
iv.The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),
and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
v.Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
§§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
Remedial Actions. In the event of Subrecipient’s noncompliance with section 602 of the
Act, other applicable laws, Treasury’s implementing regulations, guidance, or any
reporting or other program requirements, Treasury may impose additional conditions on
the receipt of a subsequent tranche of future award funds, if any, or take other available
remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of
the Act regarding the use of funds, previous payments shall be subject to recoupment as
provided in section 602(e) of the Act and any additional payments may be subject to
withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act
(5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity financed
in whole or in part by this federal assistance.
False Statements. Subrecipient understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or Agreements, and/or any other remedy
available by law.
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Item 6.
Exhibit O - Page 5 of 9
Publications. Any publications produced with funds from this award must display the
following language: “This project [is being] [was] supported, in whole or in part, by
federal award number SLFRF0126 awarded to the State of Colorado by the U.S.
Department of the Treasury.”
Debts Owed the Federal Government.
a.Any funds paid to the Subrecipient (1) in excess of the amount to which the
Subrecipient is finally determined to be authorized to retain under the terms of this
award; (2) that are determined by the Treasury Office of Inspector General to have
been misused; or (3) that are determined by Treasury to be subject to a repayment
obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not
been repaid by the Subrecipient shall constitute a debt to the federal government.
b.Any debts determined to be owed to the federal government must be paid promptly
by Subrecipient. A debt is delinquent if it has not been paid by the date specified in
Treasury’s initial written demand for payment, unless other satisfactory
arrangements have been made or if the Subrecipient knowingly or improperly
retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
actions available to it to collect such a debt.
Disclaimer.
a.The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death, bodily injury, property damages, or any other losses resulting in
any way from the performance of this award or any other losses resulting in any
way from the performance of this award or any Agreement, or Subcontractor under
this award.
b.The acceptance of this award by Subrecipient does not in any way establish an
agency relationship between the United States and Subrecipient.
Protections for Whistleblowers.
a.In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal Agreement or grant, a gross
waste of federal funds, an abuse of authority relating to a federal Agreement or grant,
a substantial and specific danger to public health or safety, or a violation of law, rule,
or regulation related to a federal Agreement (including the competition for or
negotiation of an Agreement) or grant.
b.The list of persons and entities referenced in the paragraph above includes the following:
i.A member of Congress or a representative of a committee of Congress;
ii.An Inspector General;
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Item 6.
Exhibit O - Page 6 of 9
iii.The Government Accountability Office;
iv.A Treasury employee responsible for Agreement or grant oversight or
management;
v.An authorized official of the Department of Justice or other law enforcement
agency;
vi.A court or grand jury; or
vii.A management official or other employee of Subrecipient, Contractor, or
Subcontractor who has the responsibility to investigate, discover, or
address misconduct.
c.Subrecipient shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to adopt and enforce
on-the-job seat belt policies and programs for their employees when operating company-
owned, rented or personally owned vehicles.
1.Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), Subrecipient should encourage its employees, Subrecipients, and Contractors
to adopt and enforce policies that ban text messaging while driving, and Subrecipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
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Item 6.
Exhibit O - Page 7 of 9
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS
REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the
Treasury, the Subrecipient provides the assurances stated herein. The federal financial assistance
may include federal grants, loans and Agreements to provide assistance to the Subrecipient’s
beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing
assistance. Federal financial assistance does not encompass Agreements of guarantee or insurance,
regulated programs, licenses, procurement Agreements by the Federal government at market value,
or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available
through the Department of the Treasury, including any assistance that the Subrecipient may request
in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances
apply to all of the operations of the Subrecipient’s program(s) and activity(ies), so long as any
portion of the Subrecipient’s program(s) or activity(ies) is federally assisted in the manner
prescribed above.
1.Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of
1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or
subjection to discrimination under programs and activities receiving federal financial assistance,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars,
policies, memoranda, and/or guidance documents.
2.Subrecipient acknowledges that Executive Order 13166, “Improving Access to Services for
Persons with Limited English Proficiency,” seeks to improve access to federally assisted
programs and activities for individuals who, because of national origin, have Limited English
proficiency (LEP). Subrecipient understands that denying a person access to its programs,
services, and activities because of LEP is a form of national origin discrimination prohibited
under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s
implementing regulations. Accordingly, Subrecipient shall initiate reasonable steps, or comply
with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful
access to its programs, services, and activities. Subrecipient understands and agrees that
meaningful access may entail providing language assistance services, including oral
interpretation and written translation where necessary, to ensure effective communication in the
Subrecipient’s programs, services, and activities.
3.Subrecipient agrees to consider the need for language services for LEP persons when
Subrecipient develops applicable budgets and conducts programs, services, and activities. As a
resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For
more information on taking reasonable steps to provide meaningful access for LEP persons,
please visit http://www.lep.gov.
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Item 6.
Exhibit O - Page 8 of 9
4.Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
of continued receipt of federal financial assistance and is binding upon Subrecipient and
Subrecipient’s successors, transferees, and assignees for the period in which such assistance is
provided.
5.Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above,
and agrees to incorporate the following language in every Agreement or agreement subject to
Title VI and its regulations between the Subrecipient and the Subrecipient’s sub-grantees,
Contractors, Subcontractors, successors, transferees, and assignees:
The sub-grantee, Contractor, Subcontractor, successor, transferee, and assignee shall comply
with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients of federal financial
assistance from excluding from a program or activity, denying benefits of, or otherwise
discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31
CFR Part 22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
Agreement or agreement.
6.Subrecipient understands and agrees that if any real property or structure is provided or improved
with the aid of federal financial assistance by the Department of the Treasury, this assurance
obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
during which the real property or structure 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.
If any personal property is provided, this assurance obligates the Subrecipient for the period during
which it retains ownership or possession of the property.
7.Subrecipient shall cooperate in any enforcement or compliance review activities by the
Department of the Treasury of the aforementioned obligations. Enforcement may include
investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that
may result from these actions. The Subrecipient shall comply with information requests, on-site
compliance reviews and reporting requirements.
8.Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
complaints of discrimination on the grounds of race, color, or national origin, and limited English
proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
completed, including outcome. Subrecipient also must inform the Department of the Treasury if
Subrecipient has received no complaints under Title VI.
9.Subrecipient must provide documentation of an administrative agency’s or court’s findings
of non-compliance of Title VI and efforts to address the non-compliance, including any
voluntary compliance or other agreements between the Subrecipient and the administrative
agency that made the finding. If the Subrecipient settles a case or matter alleging such
discrimination, the Subrecipient must provide documentation of the settlement. If
Subrecipient has not been the subject of any court or administrative agency finding of
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Item 6.
Exhibit O - Page 9 of 9
discrimination, please so state.
10.If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
responsible for ensuring that sub-Subrecipients also comply with Title VI and other applicable
authorities covered in this document State agencies that make sub-awards must have in place
standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub- Subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the
United States may take in order to address violations of this document or applicable federal law.
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Item 6.
EXHIBIT P
SLFRF SUBRECIPIENT QUARTERLY REPORT
1. SLFRF SUBRECIPIENT QUARTERLY REPORT WORKBOOK
1.1 The SLFRF Subrecipient Quarterly Report Workbook must be
submitted to the State Agency within ten (10) days following each
quarter ended September, December, March and June. The SLFRF
Subrecipient Quarterly Report Workbook can be found at:
https://osc.colorado.gov/american-rescue-plan-act (see SLFRF
Grant Agreement Templates tab)
Exhibit P - Page 1 of 1
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Item 6.
Exhibit Q - Page 1 of 1
EXHIBIT Q
SAMPLE SLFRF REPORTING MODIFICATION FORM
Local Agency: Agreement No:
Project Title: Project No:
Project Duration:
To:
From:
State Agency: CDOT
This form serves as notification that there has been a change to the reporting
requirements set forth in the original SLFRF Grant Agreement.
The following reporting requirements have been (add/ remove additional rows as necessary):
Updated Reporting
Requirement
(Add/Delete/Modify)
By signing this form, the Local Agency agrees to and acknowledges the changes to the
reporting requirements set forth in the original SLFRF Grant Agreement. All other terms
and conditions of the original SLFRF Grant Agreement, with any approved modifications,
remain in full force and effect. Grantee shall submit this form to the State Agency within 10
business days of the date sent by that Agency.
_________________ __________________ Local Agency Date
___________________ __________________ CDOT Program Manager Date
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Item 6.
Exhibit R APPLICABLE FEDERAL AWARDS
Exhibit R - Page 1 of 1
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Awarding Office US Department of the Treasury
Grant Program Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number 21.027
Federal Award Number SLFRP0126
Federal Award Date * May 18, 2021
Federal Award End Date December 31, 2024
Federal Statutory Authority Title VI of the Social Security Act, Section 602
Total Amount of Federal Award (this is not the
amount of this grant agreement)
$3,828,761,790
* Funds may not be available through the Federal Award End Date subject to the provisions in §2 and §5 below.
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Item 6.
Exhibit S- Page 1 of 1
EXHIBIT S
PII Certification
STATE OF COLORADO
LOCAL AGENCY CERTIFICATION FOR ACCESS TO PII THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of
__________________________ (legal name of Local Agency) (the “Local Agency”),
hereby certify under the penalty of perjury that the Local Agency has not and will not
use or disclose any Personal Identifying Information, as defined by § 24-74-102(1),
C.R.S., for the purpose of investigating for, participating in, cooperating with, or
assisting Federal Immigration Enforcement, including the enforcement of civil
immigration laws, and the Illegal Immigration and Immigrant Responsibility Act,
which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply
with Federal or State law, or to comply with a court-issued subpoena, warrant or
order.
I hereby represent and certify that I have full legal authority to execute this
certification on behalf of the Local Agency.
Signature: __________________________
Printed Name: __________________________
Title: __________________________
Date: ___________
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Item 6.
EXHIBIT T
CHECKLIST OF REQUIRED EXHIBITS DEPENDENT ON FUNDING SOURCE
Exhibit T - Page 1 of 2
Checklist for required exhibits due to funding sources. Required Exhibits are dependent on the source of funding. This is
a guide to assist in the incorporation and completion of Exhibits in relation to funding sources.
Exhibit Funding only from
FHWA
Funding only from
ARPA
FHWA and ARPA Funding
EXHIBIT A,
SCOPE OF WORK
EXHIBIT B
SAMPLE OPTION LETTER
EXHIBIT C,
FUNDING PROVISIONS
EXHIBIT D,
LOCAL AGENCY
RESOLUTION (IF
EXHIBIT E,
LOCAL AGENCY
AGREEMENT
ADMINISTRATION
EXHIBIT F,
CERTIFICATION FOR
FEDERAL-AID
EXHIBIT G,
DISADVANTAGED
BUSINESS ENTERPRISE
EXHIBIT H,
LOCAL AGENCY
PROCEDURES FOR
EXHIBIT I,
FEDERAL-AID AGREEMENT
PROVISIONS FOR
CONSTRUCTION
EXHIBIT J,
ADDITIONAL FEDERAL
REQUIREMENTS
EXHIBIT K,
FFATA SUPPLEMENTAL
FEDERAL PROVISIONS
EXHIBIT L,
SAMPLE SUBRECIPIENT
MONITORING AND RISK
ASSESSMENT FORM
EXHIBIT M,
OMB UNIFORM GUIDANCE
FOR FEDERAL AWARDS
EXHIBIT A TO RESOLUTION 2024-120
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Item 6.
Exhibit T - Page 2 of 2
EXHIBIT N,
FEDERAL TREASURY
EXHIBIT O,
AGREEMENT WITH
SUBRECIPIENT OF
FEDERAL RECOVERY
EXHIBIT P,
SLFRF SUBRECIPIENT
QUARTERLY REPORT
EXHIBIT Q,
SLFRF REPORTING
MODIFICATION FORM
EXHIBIT R,
APPLICABLE FEDERAL
EXHIBIT S,
PII CERTIFICATAION
EXHIBIT T,
CHECKLIST OF REQUIRED
EXHIBITS DEPENDENT ON
EXHIBIT A TO RESOLUTION 2024-120
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Item 6.
- 1 -
ORDINANCE NO. 141, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING REVENUE FROM A FUNDING ADVANCEMENTS FOR SURFACE
TRANSPORTATION AND ECONOMIC RECOVERY GRANT AND THE COLORADO
DEPARTMENT OF TRANSPORTATION AMERICANS WITH DISABILITIES ACT
GRANT AND APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS FOR THE US 287 AND TRIANGLE DRIVE SIGNAL INSTALLATION
PROJECT AND RELATED ART IN PUBLIC PLACES
A. The intersection of College Avenue and Triangle Drive is a “T” intersection
that is currently side street stop-controlled with high traffic speeds and volumes on
College Avenue (also known as “US 287”).
B. The Shenandoah and Ridgewood Hills neighborhoods on the west side of
College Avenue access this intersection from Triangle Drive. Lakeview on the Rise is a
neighborhood on the east side of College Avenue northeast of the intersection. Directly
east of the intersection is the Pelican Marsh Natural Area owned by the City’s Natural
Areas Department (“Natural Areas”). The intersection will remain a “T” intersection as
there is no intention of Natural Areas extending Triangle Drive east of College Avenue.
C. City staff determined that a traffic signal is warranted due to severe crash
history at this intersection and has developed the US 287 and Triangle Drive Signal
Installation Project (the “Project”) to improve vehicular, bicycle, and pedestrian safety in
and around the intersection.
D. The Project will install a new traffic signal as well as bicycle and pedestrian
improvements connecting to the northeast towards the Lakeview on the Rise
neighborhood. The bicycle and pedestrian improvements implement the sidepath
recommendation along College Avenue as identified in the adopted Active Modes Plan,
providing multimodal connectivity from Lakeview on the Rise to the Shenandoah and
Ridgewood Hills neighborhoods. The improvements at the intersection will meet
Americans with Disabilities Act (ADA) requirements.
E. The implementation of the bicycle and pedestrian improvements will
necessitate acquisition of right-of-way and easements from Natural Areas, requiring a
future action before City Council. Coordination with FC Moves, Natural Areas, and Real
Estate Services Department staff has been underway to ensure implementation of the
Active Modes infrastructure minimizes impacts to the Pelican Marsh Natural Area.
F. City staff initially submitted to the Colorado Department of Transportation
(CDOT) for Highway Safety Improvement Program (HSIP) funding in 2023 but was not
initially selected for funding. City staff continued discussions with CDOT providing
additional information requesting CDOT Funding Advancements for Surface
Transportation and Economic Recovery (FASTER) funding. Through this request, CDOT
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Item 6.
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awarded $682,211 in FASTER funds. CDOT also awarded $183,843 of CDOT ADA grant
funds for ADA improvements for the Project.
G. The Project was presented to Council Finance Committee on
August 1, 2024. The committee supported an off -cycle supplemental appropriation and
was in favor of forwarding the appropriation request to City Council.
H. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do es not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
I. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Capital Projects Fund and will not cause the total amount appropriated in the Capital
Projects Fund to exceed the current estimate of actual and anticipated revenues and all
other funds to be received in this Fund during this fiscal year.
J. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
K. The City Manager has recommended the appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the Transportation Capital Expansion Fee Fund and the Transportation Services
Fund, as applicable, and will not cause the total amount appropriated in the
Transportation Capital Expansion Fee Fund and the Transportation Services Fund, as
applicable, to exceed the current estimate of actual and anticipated revenues and all other
funds to be received in these funds during this fiscal year.
L. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or cap ital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
M. The City Manager has recommended the transfer of $688,897 from the
Transportation Capital Expansion Fee Fund to the Capital Projects Fund and $136 from
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the Transportation Services Fund to the Capital Projects Fund and determined that the
purpose for which the transferred funds are to be expended remains unchanged.
N. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made but continue until the completion of the capital project.
O. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities Fund for a contribution t o the Art in
Public Places (“APP”) program.
P. The total Project cost of $682,200 has been used to calculate the
contribution to the APP program.
Q. The amount to be contributed in this Ordinance will be $6,822.
R. A portion of the funds appropriated in this Or dinance for the Project are
ineligible for use in the APP program due to restrictions placed on them by Colorado
Department of Transportation, the source of these funds.
S. These appropriations benefit public health, safety and welfare of the people
of Fort Collins and serve the public purpose of improving transportation infrastructure
within the City and accommodating multimodal transportation and safety.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
Capital Projects Fund the sum of SIX HUNDRED EIGHTY-TWO THOUSAND TWO
HUNDRED ELEVEN DOLLARS ($682,211) to be expended in the Capital Projects Fund
for the US 287 and Triangle Drive Signal Installation Project.
Section 2. There is hereby appropriated from new revenue or other funds in the
Capital Projects Fund the sum of ONE HUNDRED EIGHTY-THREE THOUSAND EIGHT
HUNDRED FORTY-THREE DOLLARS: ($183,843) to be expended in the Capital
Projects Fund for the US 287 and Triangle Drive Signal Installation Project.
Section 3. There is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of SIX HUNDRED EIGHTY-EIGHT
THOUSAND EIGHT HUNDRED NINETY-SEVEN DOLLARS: ($688,897) to be expended
in the Transportation Capital Expansion Fee Fund for Transfer to the Capital Projects
Fund and appropriated therein to be expended for the US 287 and Triangle Drive Signal
Installation Project.
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Section 4. There is hereby appropriated from prior year reserves in the
Transportation Services Fund the sum of ONE HUNDRED THIRTY-SIX DOLLARS
($136) in the Transportation Services Fund for Transfer to the Capital Projects Fund and
appropriated therein to be expended for the US 287 and Triangle Drive Signal Installation
Project.
Section 5. The unexpended and unencumbered appropriated amount of FIVE
THOUSAND THREE HUNDRED TWENTY-ONE DOLLARS: ($5,321) in the Capital
Projects Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund
and appropriated and expended therein to fund art projects under the APP program.
Section 6. The unexpended and unencumbered appropriated amount of ONE
THOUSAND THREE HUNDRED SIXTY-FOUR DOLLARS: ($1,364) in the Capital
Projects Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund
and appropriated and expended therein f or the operation costs of the APP program.
Section 7. The unexpended and unencumbered appropriated amount of ONE
HUNDRED THIRTY-SEVEN DOLLARS ($137) in the Capital Projects Fund is hereby
authorized for transfer to the Cultural Services and Facilities Fund and appropriated and
expended therein for the maintenance costs of the APP program.
Section 8. The appropriations herein for the US 287 and Triangle Drive Signal
Installation Project are hereby designated, as authorized in Article V, Section 11 of the
City Charter, as appropriations that shall not lapse at the end of this fiscal year but
continue until the completion of the Project.
Introduced, considered favorably on f irst reading on October 1, 2024, and
approved on second reading for final passage on October 15, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 25, 2024
Approving Attorney: Heather N. Jarvis
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Item 6.
Capstone
Cottages
Landing
At Lemay
Capstone
Cottages
Lincoln Avenue
Buckingham St.
Vine Drive
Cordova Rd.
right-of-way
acquisition
VICINITY MAP
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Av
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n
u
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Ridgewood
Hills
Shenandoah
Lakeview
On the Rise
LOCATION OF
PROJECT
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Item 6.
Finance Administration
215 N. Mason
nd Floor
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Council Finance Committee Hybrid Meeting
CIC Room / Zoom
August 1, 2024
4:00 - 6:00 pm
Council Attendees: Mayor Arndt, Tricia Canonico
Staff: Kelly DiMartino, Tyler Marr, Travis Storin, Ginny Sawyer,
Jacob Castillo, Beth Yonce, Adam Molzer, Wendy Bricher, Drew Brooks
Dean Klingner, Victoria Shaw, LeeAnn Williams, Dana Hornkohl, Brad Buckman,
Eric Keselburg, Nina Bodenhamer, Africa Garcia Farina, Randy Bailey, Dave Lenz,
Jen Poznanovic, Joe Wimmer, Carolyn Koontz
Other: Joe Rowan
Meeting called to order at 4:00 pm
Approval of minutes from July 3, 2024, Council Finance Committee Meeting was postponed to the September 5th
meeting when the committee members who were present at the July 3rd meeting will be in attendance.
A. Grocery Tax Rebate Program
Adam Molzer, Manager, Social Sustainability
EXECUTIVE SUMMARY
The Grocery Tax Rebate program’s 2024 budget affords $165,000 for rebates to qualified residents. Due to
increased participation in the program, the total rebate payouts in 2024 are anticipated to be near $583,000. An
appropriation of general fund dollars of $418,460 would fulfill the budget necessary to meet this obligation. In
addition, $24,000 needs to be allocated to cover an anticipated staffing shortfall due to the Council-supported
personnel conversion to classified status of the Program Coordinator in 2024.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Does Council Finance Committee support a general fund appropriation request of $442,460 that will make
the Grocery Tax Rebate program budget whole in 2024?
BACKGROUND/DISCUSSION (details of item – History, current policy, previous Council actions, alternatives or
options, costs or benefits, considerations leading to staff conclusions, data and statistics, next steps, etc.)
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Item 6.
Program Details:
Established in 1972, the Grocery Tax Rebate is intended to provide financially insecure residents relief from City
sales tax charged on purchased food. The rebate amount is currently $80 per person.
Grocery Tax Rebate qualifications include:
Resident inside the Fort Collins Growth Management Area (GMA).
Household income between 0-60% of Area Median Income (AMI).
Must have a document that aligns the applicant’s identity with a Fort Collins address.
Applications are submitted via the Get FoCo online platform, where staff manually review each application and
the uploaded documentation (EBT card copy, Medicaid card, LEAP letter, Free/Reduced Lunch letter) to verify
income and residency eligibility. This is the third year partnering with Get FoCo and 96% of applications are now
received via the web platform.
One 0.75-FTE staff member assists residents with the application process, manually uploads payment data, and
supports a variety of other program functions to ensure a positive customer experience. This staff position was
converted from hourly to classified status with benefits in January 2024, per Council guidance.
Program Growth:
Between 2020-2023, the number of applications received increased over 95%, and rebates issued grew by 186%.
In 2023, the City processed 1,966 applications. The total amount issued in 2023 for the grocery rebate program
was $354,121. The FY2023 budget afforded $150,000 for rebates.
From January to June 2024, the City has processed 1,553 applications. The total amount issued year-to-date in
2024 is $292,460. The FY2024 budget affords $165,000 for rebates.
If a monthly average of $48,500 is realized for Q3 + Q4 2024, the total rebate obligation for 2024 will reach
583,460. The monthly average during Q3 + Q4 2023 was $37,333.
Additionally, Council Finance Committee expressed support for the conversion of the Grocery Tax Rebate
Coordinator position from hourly to classified at their 12/14/2023 meeting. This conversion took effect in
January 2024 and the resulting $24,000 personnel budget shortfall needs to be made whole.
An appropriation to meet the 2024 rebate and personnel obligations will require Council approval.
Actual & Anticipated Obligation & Budget
Year Applications Household
Members
Grocery
Rebate Repeat %65+%Single
HH %GetFoco %
2020 1006 1890 $123,435 886 88%509 51%641 64%N/A N/A
2021 948 1758 $117,987 844 89%446 47%588 62%N/A N/A
2022 1281 2626 $181,186 857 67%486 38%686 54%614 48%
2023 1966 4654 $354,121 866 44%453 23%911 46%1572 80%
2024 YTD June 1553 3655 $292,460 643 41%277 18%713 46%1493 96%
Rebate amounts above are tabulated by application receipt date, resulting in slight variations from the City's fiscal year due to timing.
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Item 6.
Personnel Conversion Shortfall + $24,000
FY2024 Rebate Budget (general fund) - $165,000
Estimated Funding Needed $442,460
Lastly, the 2020-2024 data set also reveals the following about program participation trends:
Increased enrollment of new participants to the rebate program (lower proportion of repeat participants).
Residents under age 65 are increasingly participating in the rebate program.
Households with sizes greater than one are increasingly participating in the rebate program.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Does Council Finance Committee support a general fund appropriation request of $442,460 that will make
the Grocery Tax Rebate program budget whole in 2024?
DISCUSSION / NEXT STEPS
Mayor Arndt; do we charge the same sales tax on food that we do on everything else?
Travis Storin; we do not, the renewables do not apply at the grocery store.
Jen Poznanovic; 2.25 % is the grocery sales tax rate and the full rate is 4.35%
Mayor Arndt; I can’t think of a single thing that is fairer. 0-60% AMI seems fair as well.
Tricia Canonico; what do we see as an uptick rate going forward? Will we see these increases YOY with Get
FoCo? What are we anticipating that we will need to budget in the future?
Travis Storin; one of our primary strategies is to recruit more users. We are up to just shy of 2K households
registered in the app which represents approximately 4,500 residents. We are getting a pretty broad reach now.
Once they are enrolled on the app, the majority tend to enroll in multiple programs. Africa, would you like to
address the engagement strategies you are working with?
Africa Garcia Farnia; we have multiple partners around town including PSD and the Library District. We recruit
partners who can help us get more folks enrolled in Get FoCo. We currently have over 3,000 active accounts on
Get FoCo. Not all have renewed the grocery store rebate for 2024. We are expecting another 1,500.
Travis Storin; before having the Get FoCo tool – it was ads on buses and on radio. We had some limited
efficacity.
Tricia Canonico: moving forward, are we budgeting for an increase with the grocery tax rebate?
Travis Storin; you will see an increase in the Recommended Budget when it is published later this month, it is not
quite to these levels. We may be setting ourselves up to return to this committee for an additional
appropriation this time next year. The grocery sales tax rebate program has a rolling 12-month enrollment.
Tricia Canonico; I know you said most of the folks are receiving it for the first time. Why aren’t we seeing more
folks from previous years? Why aren’t they reapplying?
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Item 6.
Adam Molzer; in 2023, 44% were returning applicants, in 2022, it was 67% and 2021 it was 89%. With Get FoCo,
we are still seeing the repeat applications, but they are lower proportionally due to all of the new applicants.
Travis Storin; this program was almost exclusively characterized as being utilized by frequent fliers who were
aware of the program and in a very specific age demographic. We are taking this as a good news story as the
program reaches younger and more diverse residents including families.
Mayor Arndt; what is the total revenue that the grocery sales tax brings in?
Jen Poznanovic; groceries are approximately 20% of our total sales tax revenue.
The grocery sales tax category is one of our larger categories of the 18 categories that we have.
I will get the number and circle back.
Nina Bodenhamer; some of the other communities that offer a rebate in this space adjust the rebate amount
based on other levers. Possibly a conversation going forward might we, do we adjust our payout based on the
volume of participation?
Mayor Arndt; I can see that question coming up – do we go to 50% AMI. I would say increase the budget
versus decreasing the amount refunded or reducing participation.
Travis Storin; $3500 per household member (2.25% of that is the $80) to get the total dollar amount we are
refunding.
Tricia Canonico; do we have any date on how much the average family spends on groceries per year?
Travis Storin; we could canvass our department to see if we have any data. I will take this as a follow up.
Mayor Arndt; this is a great program – forgoing a tax.
Travis Storin; we will bring this to the full Council as soon as practical.
B. Recreation Rebate (Reduced Fee) Program
Victoria Shaw, Senior FP&A Manager, Community Services
LeAnn Williams, Recreation Director, Community Services
EXECUTIVE SUMMARY
The Recreation reduced fee program provides an opportunity for income qualified members of the community
to take part in recreational activities at a discounted rate. The program has been funded at the level of $190,000
per year from the General Fund, however usage and needs have surpassed this allocation. In 2023, the
allocation covered approximately 50% of the usage.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance Committee have any feedback for staff on reduced fee program offered by Recreation?
BACKGROUND/DISCUSSION
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Item 6.
The reduced fee scholarships offered by Recreation have an ongoing goal of filling the gap for the
community by ensuring anybody that meets the program’s qualifications can access the valuable, engaging,
educational and beneficial programs offered by the Recreation department.
Program Details:
The program offers drop-in passes which allow for unlimited drop-in visits to facilities, and automated discounts
for activity enrollments. By minimizing financial barriers, the recreation department can serve and support the
community with programs that promote health, wellness, and overall well-being.
Eligibility for the program requires participants to reside in the Fort Collins Growth Management Area and meet
income standards. The income standards can be met with proof of income up to 185% of the Federal Poverty
Level or qualification through the Poudre School District free and reduced lunch program.
The passes then allow community members to access additional recreation programs at a discounted rate
without additional approvals. The discounted rates for these services are:
50 Family Pass: includes 2 adults and no limit on children in the same household.
30 Adult Pass: for those 18-59 years of age (not including those who are currently attending high school).
10 Youth/Senior Pass: for those under 18 or 60 and over.
Beginner/Introductory classes receive 90% discount.
Intermediate level classes, fitness classes, youth sports leagues, CARA Track & Cross-Country, SuperTots &
Skyhawks receive 70% discount.
Advanced/Competitive classes receive 10% discount.
Program Participation:
Participation in these offerings has been robust, with a steep decline in 2020 due to the pandemic. Activity
enrollments rebounded to pre-pandemic levels in 2021 and have since increased to 72% above the pre-
pandemic level in 2023, suggesting the need for this program is higher than ever and programs have been more
effective at reaching the qualifying populations.
Similarly, reduced fee pass scans also declined steeply in 2020. They have rebounded to pre-pandemic levels but
have not seen the same degree of growth as the activity enrollments.
3,161
5,285 5,494
2,450
5,556
7,810
9,469
0
2,000
4,000
6,000
8,000
10,000
2017 2018 2019 2020 2021 2022 2023
Recreation Low-Income Activity Enrollments
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Item 6.
Participation is tracked for youth and adult programming. The majority of costs (78.5%) are associated with youth
requests. This is driven by the reduced fee childcare and youth programs. The below table breaks down the youth
and adult participation by programs.
Youth Activities Summary # Requests Value of Requests
Swim lessons 784 $39,350
Skating 252 $19,455
Adaptive - $0
Pottery 155 $10,119
Northside Atzlan Youth 1,098 $124,433
Foothills Activity Center Youth 233 $14,822
Sports 926 $67,711
Farm 164 $12,012
Youth Tennis 114 $9,154
3,726 $297,057
Adult Activities # Requests Value of Requests
Aqua fitness 176 $5,164
Adult Swim lessons 19 $599
Adaptive 890 $30,902
Skating 19 $499
Social 9 $174
Arts and Crafts 111 $6,206
Fitness/Wellness 4,131 $13,784
Pottery 103 $11,093
Educational 90 $3,611
Dance 87 $2,881
Adult Tennis 44 $4,559
3,161
5,285 5,494
2,450
5,556
7,810
9,469
0
2,000
4,000
6,000
8,000
10,000
2017 2018 2019 2020 2021 2022 2023
Recreation Low-Income Activity Enrollments
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Item 6.
64 $1,852
5,743 $81,322
Program Funding:
The program has not been turning away participants based on available funding. The current funding level of
190,000 per year is allocated across the actual usage for the program and allows for partial revenue
reimbursement. The Recreation fund by default foregoes any of the revenue not backfilled by the General Fund
funding level. In 2023, this funding level represented about 50% of the General Fund reimbursement, and 50%
foregone revenue to the Recreation fund.
DISCUSSION / NEXT STEPS;
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance Committee have any feedback for staff on reduced fee program offered by Recreation?
LeeAnn Williams; we used to be PSD as our boundary but now it is our GMA
30% AMI. They are automatically enrolled if they qualify for free / reduced rate lunch program.
Rebounded after the pandemic and has increased Summer camp – daycare. Some communities just do youth.
We have silver sneakers – through their insurance providers
They don’t pay anything – we get reimbursed for up to 10 visits per month
When we build the SE Comm Center – we will see an increase then
We are proud of this program – we don’t limit how much money we spend
Victoria Shaw; the General Fund contributes about a50% reimbursement
Childcare – summer camp – 40% of participation - Nexxus in community for our families
We don’t have a projected shortfall
This is a high priority Aligns with our strategic objectives
Mayor Arndt; makes me feel good. Do we do any City Give work around?
I think this is one of those intangible things that people can’t put their finger on but that makes living in Fort
Collins
Adam Snow donors who very specific with what programs
Access & recreation - He hosted a golf tournament at City Park 9 We usually exceed our revenue projections
Tricia Canonico; great work –I was just talking with my sister-in-law who has 3 little ones about the importance
of childcare which is supplemented for her by her employer.
Travis Storin; those were our two income qualified programs we wanted to review with you today.
C. Engineering Supplemental Appropriations
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Item 6.
Brad Buckman, City Engineer
Monica Martinez, Sr. Manager FP&A
Dana Hornkohl, Director, Civil Engineering
SUBJECT FOR DISCUSSION
Engineering Capital Projects – Supplemental Appropriations (4 projects)
EXECUTIVE SUMMARY
Four current transportation capital improvement projects will require additional funding for work to continue
prior to proposed Budgeting for Outcomes (BFO) offers being finalized later this year for appropriation in 2025.
Two of these projects are under construction: Laporte Avenue Multimodal Improvements (Laporte) and College
Avenue – Trilby Road Intersection Improvements (College/Trilby). Two more projects are currently under design:
Zach Elementary School Crossings – Safe Routes to School (Zach SRTS) and College Avenue – Triangle Drive
Intersection Improvements (College/Triangle). Zach Elementary SRTS is scheduled to begin construction later
this year; College/Triangle is scheduled to begin construction early in 2025. The estimated cost to complete
these projects will exceed the currently appropriated budgets. There is sufficient discretionary transportation
funding available to complete these projects if appropriated. It is necessary to 1) appropriate additional funds to
complete these projects, 2) reduce scope, and/or 3) delay final delivery. Reduction of scope will result in
projects that do not fully meet the established project goals or adopted City standards and plans. Delaying final
delivery until other funding becomes available will negatively impact other transportation capital projects in the
delivery pipeline. Staff is recommending supplemental appropriations totaling $4,152,470 which would allow for
completion of the four projects as intended when work began. This request is coming before Council Finance
Committee now to avoid additional cost impacts due to potentially pausing and restarting active construction
and design projects.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance Committee support an off-cycle appropriation of Highway Safety Improvement
Program (HSIP) Grant Funds, Transportation Capital Expansion Fee (TCEF) Funds, and Transportation
Services Fund Reserves as well as a reappropriation of funds from the Laporte Bridges project to
complete the Laporte Avenue Multimodal Improvements project?
Does Council Finance Committee support an off-cycle appropriation of TCEF Funds, Transportation
Services Fund Reserves, and Community Capital Improvement Program (CCIP) Arterial Intersection
Improvements Fund to complete the College Avenue – Trilby Road Intersection Improvements project?
Does Council Finance Committee support an off-cycle appropriation of TCEF Funds and Transportation
Services Fund Reserves to complete the Zach Elementary School Crossings – Safe Routes to School
project?
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Item 6.
Does Council Finance Committee support an off-cycle appropriation of Funding Advancements for
Surface Transportation and Economic Recovery (FASTER) Act Grant Funds, Colorado Department of
Transportation (CDOT) Americans with Disabilities Act (ADA) Funds, TCEF Funds, and Transportation
Services Fund Reserves to complete the College Avenue – Triangle Drive Intersection Improvements
project?
BACKGROUND/DISCUSSION
Since the Summer of 2021, the nation, Colorado, and the Denver region have experienced significant inflation in
construction costs (Attachments 1, 2, and 3). The CDOT Colorado Construction Cost Index (CCI) reports an
annual percentage increase in construction costs of 8.03%. These inflationary pressures continue to impact the
City’s transportation capital improvement projects that are in active design and construction. Costs to acquire
real property for right-of-way, permanent easements, temporary easements, and the professional services
associated with acquiring real property have also escalated significantly over the same period.
Laporte Avenue Multimodal Improvements
The Laporte project will provide pedestrian and bicycle side paths in three phases 1) between Taft Hill Rd and
Frey Ave (Bridges), 2) between Frey Ave and Fishback Ave (East), and 3) between Sunset St and Taft Hill Rd
West). The initial phase of this work (Bridges) was completed in 2023 and replaced two aging bridges in the
corridor. The second phase of this work (East) began earlier this year and is scheduled to be completed later this
summer. The third phase (West) is scheduled to begin in October once property acquisition is complete.
The project delivery method for the East and West phases of the project is Construction Manager/General
Contractor (CM/GC). The chosen contractor held pricing for the East phase despite a delay in beginning
construction due to property acquisition and CDOT approval. The contractor has demonstrated by providing
open book pricing, confirmed by an independent cost estimate, that price escalation has impacted many of the
materials and costs for the West phase. The cost to acquire real property for the West phase has been
significantly higher than was estimated. Construction was broken into an East and West phase to accommodate
the property acquisition schedule introducing additional design cost. During this design effort, the City applied
for and was awarded Fiscal Year 2027 HSIP grant funds to install a Rectangular Rapid Flashing Beacon (RRFB) in
the West phase of the project. CDOT has agreed to provide the funding early so that the RRFB may be included
in the construction. Savings from the Bridges phase ($517,000) can be reappropriated to the West phase.
Including the local match for the HSIP award, it is estimated that an additional $560,055 (including $49,500 in
CDOT HSIP funds) is needed to complete construction on the West phase.
College Avenue – Trilby Road Intersection Improvements
The College/Trilby project will improve safety for current and future traffic levels as growth continues in the
region and will create a safer intersection for all users. Dual use side paths for pedestrians and bicycles are
included throughout the intersection. The intersection will feature dual left turn lanes from S College Ave to
Trilby Rd, right turn lanes for each direction of travel, and a widened Trilby Rd approach to S College Ave.
Right-of-way acquisition costs for the College/Trilby project have been significantly more than was initially
estimated (~$3.0M), with total acquisition costs likely to be ~$4.5M. The primary factor in this increase is land
value escalation over the period of acquisition. As with the Laporte project, the delivery method for the
College/Trilby project is CM/GC. Construction was broken into three phases to take advantage of property that
had been acquired and to lock in lower pricing for early work. Phase 1 work (walls) began earlier this year. Phase
2 construction (utility relocation and storm drainage) will begin in several weeks, with Phase 3 work (sidewalks,
paving, signals, landscaping) following later this Fall. Work is scheduled to be complete next Spring. As with
Laporte, the contractor has provided open book pricing for Phase 2 and 3 that has been confirmed by an
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Item 6.
independent cost estimate. The pricing shows escalation for several items including storm drainage
infrastructure. It is estimated that the project will need $1,509,000 to address the construction and acquisition
escalation.
As property around the College/Trilby project redevelops, the redevelopment will trigger repayments to the City
for the eligible costs of the intersection improvements, including right-of-way acquisition. Currently, that total is
estimated to be approximately $1.25M. Reimbursement payments will be due to the City upon execution of any
development agreement.
Zach Elementary School Crossings – Safe Routes to School
The Zach Elementary SRTS project will provide signal and crossing improvements across Kechter Rd at Jupiter Dr
and Cinquefoil Ln. SRTS grant funding was awarded in 2023. After the award, during the design phase, additional
concrete work was identified and included in the project. It was also determined that there was temporary
easement acquisition needed to complete the project that was not originally included in the project budget.
With the additional work, easement acquisition, and construction cost escalation, it is estimated that the project
will need $454,500 to begin construction later this Fall and ending early in 2025.
College Avenue – Triangle Drive Intersection Improvements
The College/Triangle project will install a new traffic signal as well as bicycle and pedestrian improvements
connecting Triangle Dr to the northeast towards the Lakeview on the Rise development and onto Water’s Way
Park. There is severe crash history at this intersection and in 2023 CDOT committed FASTER funding to the City
for signal improvements. CDOT has also committed funding for pedestrian improvements to bring the
intersection into compliance with ADA requirements. Working with a consultant, the City has developed 30%
design documentation and a total cost estimate of $1,628,915 (including $832,211 in CDOT FASTER and ADA
funds).
Staff has identified three alternatives to reach final completion on the four projects.
Option 1: Secure off-cycle appropriations for the projects to complete design, acquisition, and construction
and avoid additional costs with delaying the work. There is currently sufficient discretionary funding to cover
these proposed appropriations.
Option 2: Reduce the scope of work for the projects. All four projects have been value engineered to
minimize costs. Additional reduction of scope would potentially compromise project goals or limit the ability
to meet City standards.
Option 3: Delay final delivery until additional funding can be secured. This option would result in the project
not meeting the identified project goals within the promised timeframe, expose the remaining work to
further inflation, and would impact the schedule and budget for other transportation capital projects in the
design, acquisition, and construction pipeline.
Summary of requested supplemental appropriations for all four projects.
Grant Funds: $881,711
TCEF Reserves: $2,220,230
Transportation Fund Reserves: $450,529
CCIP – Arterial Intersection Improvements: $600,000
Total: $4,152,470
Summary of Existing Funding and Proposed Supplemental Appropriations
Page 216
Item 6.
DISCUSSION / NEXT STEPS;
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance Committee support an off-cycle appropriation of Highway Safety Improvement
Program (HSIP) Grant Funds, Transportation Capital Expansion Fee (TCEF) Funds, and Transportation
Services Fund Reserves as well as a reappropriation of funds from the Laporte Bridges project to
complete the Laporte Avenue Multimodal Improvements project?
Does Council Finance Committee support an off-cycle appropriation of TCEF Funds, Transportation
Services Fund Reserves, and Community Capital Improvement Program (CCIP) Arterial Intersection
Improvements Fund to complete the College Avenue – Trilby Road Intersection Improvements project?
Does Council Finance Committee support an off-cycle appropriation of TCEF Funds and Transportation
Services Fund Reserves to complete the Zach Elementary School Crossings – Safe Routes to School
project?
Does Council Finance Committee support an off-cycle appropriation of Funding Advancements for
Surface Transportation and Economic Recovery (FASTER) Act Grant Funds, Colorado Department of
Transportation (CDOT) Americans with Disabilities Act (ADA) Funds, TCEF Funds, and Transportation
Services Fund Reserves to complete the College Avenue – Triangle Drive Intersection Improvements
project?
Staff has identified three alternatives to reach final completion on the four projects.
Option 1: Secure off-cycle appropriations for the projects to complete design, acquisition, and construction
and avoid additional costs with delaying the work. There is currently sufficient discretionary funding to cover
these proposed appropriations.
Option 2: Reduce the scope of work for the projects. All four projects have been value engineered to
minimize costs. Additional reduction of scope would potentially compromise project goals or limit the ability
to meet City standards.
Option 3: Delay final delivery until additional funding can be secured. This option would result in the project
not meeting the identified project goals within the promised timeframe, expose the remaining work to
further inflation, and would impact the schedule and budget for other transportation capital projects in the
design, acquisition, and construction pipeline.
Mayor Arndt; do we pay interest rates on these acquisitions – curious about funding
Kelly DiMartino; we fund it with cash from a variety of sources – always cash on hand.
Off cycle appropriation to complete the first two due to inflation impacts
Grant Funds Local Funds Re-
Appropriation Total Grant Funds TCEF Reserves Trans. Fund
Reserves
CCIP Arterial
Intersection
Fund
Total Increase
Laporte 4,937,500$ 1,365,495$ 517,000$ 6,819,995$ 49,500$ 335,454$ 175,101$ -$ 560,055$ 8%
College/Trilby 13,640,992$ 2,873,513$ -$ 16,514,505$ -$ 908,820$ 180$ 600,000$ 1,509,000$ 9%
Zach Elementary SRTS 745,587$ 187,397$ -$ 932,984$ -$ 179,410$ 275,090$ -$ 454,500$ 49%
College/Triangle -$ -$ -$ -$ 832,211$ 796,546$ 158$ -$ 1,628,915$ N/A
TOTAL 19,324,079$ 4,426,405$ 517,000$ 24,267,484$ 881,711$ 2,220,230$ 450,529$ 600,000$ 4,152,470$ N/A
Previously Appropriated Proposed Supplemental Appropriations
Page 217
Item 6.
Travis Storin; the dollars are there - reserves in the upcoming 2025 -26 Budget. I commend the team for a
creative approach with the funding stack.
Since we are in the middle delay the cross walk on Impala
Mayor Arndt; that is a drop in the bucket - if we are in the middle of something - we should finish it –it feels like
a higher priority to finish the ones that are in process.
Tyler Marr; funding these inflation impacts are delaying the start of other things which carry an opportunity
cost. Some new things may be delayed.
Tricia Canonico; no upside to delaying or downsizing the project - a lot of grant funding opportunities
It is too bad that we keep seeing the constructions costs increasing. I would support moving forward.
Do we anticipate any stabilization in the coming year for the construction costs increases?
Dana Hornkohl; there has been no indication of that yet. A lot of volatility in concrete and asphalt costs.
Mayor Arndt; I am sure they will talk about tradeoffs in the budget.
D. Parking Supplemental Appropriations
Eric Keselburg, Sr Manager, Parking Services
EXECUTIVE SUMMARY
Parking Services is requesting appropriation of available Parking Reserves to fund the following items. The Civic
Center Parking Structure (CCPS) item will be funded using dedicated CCPS Reserves.
1. The southeast corner public stairwell in CCPS needs to be replaced, as identified during the recent condition
assessment. This stairwell is located on the most heavily trafficked exit from CCPS and has been closed since
June 2020, as design and funding are finalized.
2. Parking Services began sealant work in the Firehouse Alley Garage in 2023. Funds allocated for this project in
2023 were not used due to timing delays and subsequently became part of the Parking Reserves. These
funds are now needed to complete the project.
3. Parking Services presented to City Council in October 2023, to request support to research a sustainable
funding model for the downtown parking system. The scope for the Request for Proposal (RFP) has been
drafted and reviewed by the Downtown Development Authority (DDA); which has agreed to contribute
financially to assist with the Downtown Parking System Strategy Study, and subsequent implementation
plan.
4. The third-party security company, Precision Security, provides security services in the three (3) City-
managed parking structures. The current staffing and hours of coverage are not changing; however, the cost
of service has increased yearly including a 4.5% for 2024 service.
Parking Services is requesting appropriations versus aligning with the standard Budgeting for Outcomes (BFO)
process due to project timing and the need to adjust the current year budget.
Page 218
Item 6.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Parking Services is requesting the appropriation of available Parking Services reserve funding to allow for
movement on the customer experience items, and to allow the RFP to be submitted to begin the downtown
parking study; to gather both partner and community feedback, ahead of Council direction.
BACKGROUND/DISCUSSION
There are a few asks being compiled together. The first being the CCPS stairwell, which following the 2019
condition assessment was found to have repair needs. Due to the pandemic and financial constraints imposed
on Parking Services, the maintenance schedule was paused (approved by the contracted structural engineering
firm). Once the American Rescue Plan Act (ARPA) funding was provided (BFO cycle 2022/2023), Parking Services
resumed maintenance repairs. However, the subsequent and necessary condition assessment performed found
that the southeast stairwell had degraded to an unsafe level; which required it to be closed (June 2022) for
public use. Several design options were discussed and presented; that said, a viable design was submitted, and a
path forward was determined. To complete this project a supplemental appropriation of $1,200,000 is being
requested. These funds will be appropriated from the CCPS Reserves.
The second request is to utilize prior funding which was set-aside in 2023 for necessary parking structure deck
sealant maintenance work in FAPS. This project was planned to bridge funding availability from both 2023 and
2024; due to timing delays, the available 2023 funding was not used and subsequently rolled into the Parking
Reserves. To complete this project a supplemental appropriation of $110,000 is requested. These funds will be
appropriated from Parking Reserves.
The third ask revolves around the following. Parking Services presented to City Council at a work session in
October 2023, specifically pertaining to the current state of the Parking Services operation and the request to
support continuing efforts to develop a new financial and strategic model and related implementation plan for
downtown parking. The identified problem statement showcased that the current parking system model does
not provide the parking choices needed for those who visit the downtown area. As well, it is incapable of
addressing the demand distribution challenges, which frustrates our users, because of the reliance on an
enforcement methodology and the use of low dollar paid parking in undesirable facilities. Also, Parking Services
is unable to fulfill its required goals to fund its maintenance needs because it cannot achieve cost neutrality in its
current model. The scope of the RFP has been drafted and reviewed by the DDA, who agreed to contribute
financially to the downtown parking study. At this time, a supplemental appropriation of $185,000 is requested
to fund this work. The DDA has agreed to reimburse the City for the cost in the amount of $65,000 or up to 50%
of total cost.
The final piece of the request is due to the increased cost of third-party security services provided in the three
3) City-managed parking structures. Parking Services contracts armed security to ensure the evening and late-
night users of the parking facilities have adequate protection, with armed security at each facility, with added
security staffing during the weekend. The cost of the contract for armed security has increased yearly including
an increase of 4.5% in 2024. Parking has managed past yearly increases within its budget, but cost increases
have now accumulated resulting in this request for $50,000 in supplemental appropriation from Parking
Reserves.
The available reserve balance is sufficient to cover the presented requests and will help to minimize execution,
and advance efforts made to date. As well, the contract increase will provide uninterrupted security coverage
for our downtown customers.
DISCUSSION / NEXT STEPS;
Page 219
Item 6.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Parking Services is requesting the appropriation of available Parking Services reserve funding to allow for
movement on the customer experience items, and to allow the RFP to be submitted to begin the downtown
parking study; to gather both partner and community feedback, ahead of Council direction.
Paused due to pandemic - SE stairwell in the Civic Center Parking structure was closed in 2022
We have identified a path forward – 12-18 months – our goal is summer/ fall for 2025 to reopen the SE
stairway.
Monica Martinez; basically, we had a situation where it should have been put in a Purchase Order per
the standard process, but that did not occur - funding did not get picked up there –
Mayor Arndt; what is the additional $185K for?
Eric Keselburg; we worked with a parking consultant for the downtown parking study leading up to the
presentation to the Council. This would be for the second half of the study where we reach out to
some of the stakeholders which will lead to a recommendation to Council for next steps. The DDA has
agreed to come forward with some funding as well.
Mayor Arndt; I am fine with all of this. The Council is anxious to be helpful in the parking structure
repairs.
Tricia Canonica; we would like to see this moving forward – good to have that stairwell back in service
and to maintain our other parking structures. I am good with this.
Meeting adjourned at 5:05 pm
Page 220
Item 6.
File Attachments for Item:
7. Resolution 2024-121 Ratifying the Appointment of Rick Rivera to the Poudre River
Public Library District Board of Trustees.
The purpose of this item is to fill an existing vacancy on the Poudre River Public Library District
Board of Trustees.
Page 221
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 1, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
SUBJECT
Resolution 2024-121 Ratifying the Appointment of Rick Rivera to the Poudre River Public Library
District Board of Trustees.
EXECUTIVE SUMMARY
The purpose of this item is to fill an existing vacancy on the Poudre River Public Library District Board of
Trustees.
STAFF RECOMMENDATION
Staff recommends adoption of this Resolution.
BACKGROUND / DISCUSSION
On August 20, 2024, the City Council adopted Resolution 2024-100, authorizing a second amendment to
the intergovernmental agreement between the Library District, the City of Fort Collins, and Larimer County
allowing the Poudre River Public Library District Board of Trustees to appoint new trustees subject to
approval by the City Council and County Commissioners.
A seat was vacated by Randynn Heisserer-Miller in August 2024.
The Board of Trustees would like to recommend Rick Rivera be appointed to fill the remainder of Randynn
Heisserer-Miller’s unfinished term beginning October 14, 2024, and ending March 31, 2025.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
The Poudre River Public Library District Board of Trustees advertised the vacancy and received fifteen
applications and conducted interviews of three candidates.
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Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
ATTACHMENTS
1. Resolution for Consideration
2. Application
Page 223
Item 7.
-1-
RESOLUTION 2024-121
OF THE COUNCIL OF THE CITY OF FORT COLLINS
RATIFYING THE APPOINTMENT OF RICK RIVERA TO THE POUDRE RIVER
PUBLIC LIBRARY DISTRICT BOARD OF TRUSTEES
A. On November 7, 2006, the voters approved a citizen initiative to establish
and fund the Fort Collins Regional Library District, now called the Poudre River Public
Library District (the “Library District”), pursuant to Colorado Revised Statutes Sections
24-90-101 to 606 (the “Library Law”).
B. The Library District is governed by a board of seven trustees appointed by
the City Council and Larimer County Commissioners.
C. Pursuant to the Library Law, the City Council and Larimer County
Commissioners have each appointed two of their members to a committee (the
“Committee”) to fill open seats on the board of trustees of the Library District (“Board”).
D. Pursuant to the Bylaws of the Board, a trustee may serve no more than
two consecutive four-year terms, which are staggered so that typically one or two
trustees are appointed or reappointed every year, but any appointment to fill a vacancy
with a remaining unexpired term shall be considered a completed term only if the
unexpired term exceeds 24 full months from the date the trustee takes their oath of
office.
E. On August 20, 2024, City Council adopted Resolution 2024-100,
authorizing a second amendment to the intergovernmental agreement between the
Library District, the City of Fort Collins, and Larimer County allowing the Board to
appoint new trustees subject to approval by the City Council and County
Commissioners.
F. The Board has a vacancy due to the resignation of Randynn Heisserer -
Miller and the remainder of their term runs through March 2025.
G. In September 2024, the Board met and unanimously agreed to appoint
Rick Rivera to fill the remainder of the term of the seat left vacant by Randynn Heisserer-
Miller beginning October 14, 2024, and ending on March 31, 2025 .
H. Section 24-90-108(2)(c) of the Library Law requires that the Board’s
trustee appointments be ratified by a two -thirds majority vote of the legislative body of
each governmental unit participating in the District.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that pursuant to the requirements of the Colorado Library Law, the City
Council, by no less than a two-thirds majority vote of its members, hereby ratifies the
Page 224
Item 7.
-2-
Board’s appointment of Rick Rivera to fill the remainder of Randynn Heisserer -Miller’s
term beginning October 14, 2024, and expiring March 31, 2025.
Passed and adopted on October 1, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 1, 2024
Approving Attorney: Ted Hewitt
Page 225
Item 7.
Rupa Venkatesh September 10, 2024
Assistant City Manager
City of Fort Collins
300 LaPorte Ave.
Fort Collins, Colorado 80521
RE: Poudre River Public Library District B oard Appointment recommendation: Rick Rivera
Dear Ms. Venkatesh,
Poudre Libraries has one opening on its Board of Trustees: an unfilled seat vacated by Randynn
Heisserer-Miller this past August, who moved away from Colorado. The remainder of Heisserer-
Miller’s term runs through March 2025.
The Board received 15 applications for the vacancy and interviewed three excellent candidates.
The Board of Trustees would like to recommend the following for Library Board appointment: Rick
Rivera to complete Randynn Heisserer-M iller’s unfinished term, beginning October 14, 2024,
and ending March 31, 2025.
Mr. Rivera is a local attorney who has worked with a variety of nonprofit organizations and
served on their boards. He brings experience in business management, employment law,
fundraising, and community engagement. Mr. Rivera is also a graduate of the 2015 Leadership
Fort Collins program with the Chamber of Commerce. He says, “The most important role the library
can play is to be a strong destination for people to connect with their community without
barriers.” He recognizes that libraries are vital to the health of a community and would like “to
ensure the Library District remains strong and a staple within the community.”
The Library Board of Trustees respectfully requests that the City of Fort Collins City Council
Members approve this appointment at its earliest convenience.
Sincerely,
Matt Schild, President, Board of Trustees
cc: Larimer County Board of Commissioners
Page 226
Item 7.
Rick Rivera
a.rick.rivera@gmail.com
+15122946949
2300 Purdue Rd, Fort Collins, CO, United States, 80525
LinkedIn
https://www.linkedin.com/in/rick-rivera-427587b7/
I have been in the Front Range since 2011 and in Colorado since 2007. During that time, I have
vastly shifted the goals in my life. I began in the restaurant industry, specifically managing for a
local restaurant group. However, I decided to make a change and return to school in 2015 to
finish my degree and pursue my wish of going to law school. I finished my Associates at Front
Range Community College and eventually finished my undergraduate degree and attended law
school at CU Boulder. Although we enjoyed Boulder, my family and I have always considered Fort
Collins home and we returned June of this year.
During my time in Fort Collins, I have always tried to be engaged in the community. I volunteered
for organizations such as FoCo Cafe, Homeward Alliance, and was part of Leadership Fort Collins.
I also joined the Board of a Local Diaper bank and played a role in expanding its operations and
scope. I have always tried to be engaged in my community and now that we have returned, I hope
to continue as my family and I grow in Fort Collins.
I believe the library is extremely important to the community as a whole. It provides a place of
enrichment for both children and adults and allows people to explore subjects they generally
would not. Furthermore, so-called "third place" which do not have a cost are becoming less and
less. Third places are places outside the home and work where people are able to go and connect
with their community. I believe these places are vital to the health of a community, and the
resources they provide are invaluable. I would like to help ensure the Library District remains
strong and a staple within the community.
I believe the most important role the library can play is to be a strong destination for people to
connect with their community without barriers. The ability to participate in programs, whether
they are story times, crafting classes, or any other subject is needed more than ever. As life
becomes more and more expensive for many people, its also important people are able to
participate in community with little or no cost associated. This allows people to branch out and
gives them an opportunity to still feel as if they are part of a community.
Page 227
Item 7.
What is your vision for the future of the Library District? What opportunities or challenges
exist?
I see the library as being a place which can enrich people’s lives in a variety of ways. It can be a
place where kids learn a passion for reading at a young age, or a safe place teenagers can go
interact with less pressure. It can also be a place where adults can continue to learn about
different subjects while also connecting with others in their community.
I believe the library will need to still be a place of inclusion at times when many are pushing back
against inclusivity for marginalized groups. From book bans to anti-LGBTQ rhetoric, its important
the library remain a place of safety and inclusion for everyone in the community, no matter
personal or economic status.
I have experience working with others from different backgrounds to achieve a common goal. I
have done this while managing restaurants, working with non-profits, and now as an attorney.
My skills as an attorney also allow me to navigate the challenging world of bureaucracy that can
stall initiatives.
From a personal standpoint, the library was extremely important to me when I first moved to the
area. I used the computers countless times as I was job hunting, and I was able to utilize the
library space when I returned to school. Without the space the library afforded me, it would have
been much more difficult to achieve my goals. I understand firsthand how vital the library can be
and I believe this would make me an ideal candidate to serve on the board.
Yes. Misdemeanor DUI in 2009. I completed all court mandated action and have not had any
issues since.
Page 228
Item 7.
Rick Rivera
Phone: 512.294.6949 Email: a.rick.rivera@gmail.com
Employment History:
Sherman & Howard- Denver, CO September 2023-Present
Employment Associate Attorney
▪ Assist clients in a variety of legal and administrative matters regarding their employees
▪ Assist clients in ensuring compliance with federal and state employment law
▪ Assist clients in crafting policies in compliance with federal and state law including handbooks and agreements
▪ Work with a variety of attorneys and staff to ensure client goals are met
▪ Work with attorneys in other fields such as civil litigation
▪ Worked at firm in both summer 2021 and 2022 during law school
Hot Corner Concepts – Fort Collins, CO May 2012 - October 2018
Austin’s American Grill June 2013 – October 2018
Assistant General Manager - Bar Manager
▪ Responsible for staff development including interviewing, hiring, and training.
▪ Maximize individual talent into successful team environment.
▪ Highest sales in company with 5 restaurants; competitive Fort Collins market.
▪ Profit/loss management, cash handling, and sales expertise.
▪ Ensuring positive guest experience through interpersonal experiences and data collection.
▪ Responsible for quarterly marketing, drink program development, and creative product updates.
▪ In charge of bi-monthly inventory management, tracking, invoice accountability, and product stock.
▪ Develop specialty cocktail menus based on fresh ingredients and innovative ideas.
▪ Left company to focus on studies and family.
The Moot House May 2012 – June 2013
Staff Trainer – Bartender – Server
▪ Began employment before concept update in 2013, stayed on until management promotion to Austin’s.
▪ Provided crucial support in staff training around new and modern aesthetic for company re-launch.
▪ Responsible for developing standard operating procedure for customer service positions.
▪ Extensive knowledge of handcrafted food menu, specialty liquor, wine, and craft beers.
▪ Supported management in staffing: new staff trainer, floor lead, head bartender.
▪ Lead banquet server during peak holiday season.
Organizations:
The Nappie Project- Loveland, CO September 2016-November 2017
Board of Directors
▪ Board member for the only non-profit branch of the National Diaper Bank north of Denver.
▪ Provide diapers for children in low income families with distribution through nine partner agencies.
▪ Organize donation drives and distribution events on a monthly or bi-monthly basis.
▪ Seek out cash and physical donations for fundraisers and events.
▪ Organized and host community events; direct advocacy through community drives and outreach.
▪ Collaborate with local businesses and advocacy groups to maximize donations and distribution.
▪ Advocate to end diaper need, accepted Fort Collins City Council Proclamation in September 2016.
Leadership Fort Collins – Fort Collins, CO September 2014 – May 2015
Member of Class of 2015
▪ One-year intensive program with the Fort Collins Chamber of Commerce.
Page 229
Item 7.
▪ Integrated learning opportunities into the multiple facets of the city and it’s inner workings.
▪ Special interest in local city policy and local government.
▪ Established a garden for the local non-profit, The FoCo Café; responsible for physical design and build;
community networking and outreach; finding and sourcing fundraising.
Homeward Alliance (formerly Homeless Gear); One Village, One Family – Fort Collins, CO
January 2016 – February 2017
Volunteer, Village Member
▪ Supported single mom of four in transitioning from homelessness to permanent housing.
▪ Collaborated with six team members from Fort Collins community.
▪ Raised $2000 through pancake breakfast fundraiser.
▪ Collaborated with community organizations such as The Murphy Center and La Familia.
Poudre River Public Library District – Fort Collins, CO May 2015 – February 2016
Volunteer
▪ Supported staff in restocking shelving and book maintenance.
▪ Assisted patrons in locating reserves and other items.
FoCo Café – Fort Collins, CO February 2015 – September 2015
Volunteer
▪ Acting as a daily volunteer for the non-profit café.
▪ Assisting in food safety, preparation and community outreach.
▪ Facilitated volunteer outreach with Leadership Fort Collins to build garden beds.
▪ Provided over $1000 in fundraising to the Café after garden beds installed.
Education:
University of Colorado Law- Boulder CO Completed May 2023
Juris Doctorate
University of Colorado- Boulder, CO Completed May 2020
Political Science and Pre-Law; Minor in History
Front Range Community College - Fort Collins, CO Completed December 2017
Associates Degree, Political Science
4.0 GPA – Pell Grant Recipient
Colorado Mental Health First Aid – Fort Collins, CO April 2015
▪ Certification in Adult Mental Health First Aid through the Colorado Department of Health and Human
Services and Touchstone Health Partners.
References:
Patrick Miller
Member Attorney- Sherman & Howard
303.299.8354
Mark Culloton
Associate Director- Banner Health
970.443.0964
Jeff Brown
Owner- Done Well Hospitality Group
970.232.4055
Page 230
Item 7.
File Attachments for Item:
8. Public Hearing #2 on the 2025-26 Recommended Budget for the City of Fort Collins.
This is the second public hearing on the City Manager’s 2025-26 Recommended Budget for the City of
Fort Collins. The purpose of this public hearing is to gather public input on the 2025-26 budget. Both
hearings were set by Council adoption of Resolution 2024-116 at its September 3, 2024, meeting. The
City Manager’s 2025-26 Recommended Budget can be reviewed at the City Clerk’s Office by
appointment only and online at fcgov.com/budget.
Spanish interpretation will be available at all 2025-2026 budget related meetings.
Page 231
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
September 17, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Travis Storin, Chief Financial Officer
Lawrence Pollack, Budget Director
SUBJECT
Public Hearing #2 on the 2025-26 Recommended Budget for the City of Fort Collins.
EXECUTIVE SUMMARY
This is the second public hearing on the City Manager’s 2025-26 Recommended Budget for the City of
Fort Collins. The purpose of this public hearing is to gather public input on the 2025-26 budget. Both
hearings were set by Council adoption of Resolution 2024-116 at its September 3, 2024, meeting. The
City Manager’s 2025-26 Recommended Budget can be reviewed at the City Clerk’s Office by appointment
only and online at fcgov.com/budget.
Spanish interpretation will be available at all 2025-2026 budget related meetings.
Page 232
Item 8.
File Attachments for Item:
9. College and Trilby Multifamily Community Development Plan Appeal.
The purpose of this quasi-judicial item is to consider an appeal of the Administrative Hearing
Officer’s decision on August 6, 2024, approving the College and Trilby Multifamily Community
Project Development Plan (PDP) #PDP220009.
The Appellants filed a Notice of Appeal on August 20, 2024, alleging:
The Hearing Officer failed to properly interpret and apply relevant provisions of the City
Code, Land Use Code, and Charter. The appeal alleges that the Larimer County Urban Area
Street Standards and the City’s Transportation Master Plan were not properly interpreted and
applied.
Neither of these two documents is specifically discussed anywhere in the record, however
several Land Use Code Sections invoke the Larimer County Urban Area Street Standards by
reference; and a standard in that document mentions the Transportation Master Plan.
Thus, the Staff Report in the record may be considered to incorporate the two documents into
the record indirectly because it includes findings on a Land Use Code Section that invokes the
street standards.
Page 233
October 1, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Kim Meyer, Interim Director, Community Development & Neighborhood Services
SUBJECT
College and Trilby Multifamily Community Development Plan Appeal.
EXECUTIVE SUMMARY
The purpose of this quasi-judicial item is to consider an appeal of the Administrative Hearing Officer’s
decision on August 6, 2024, approving the College and Trilby Multifamily Community Project Development
Plan (PDP) #PDP220009.
The Appellants filed a Notice of Appeal on August 20, 2024, alleging:
The Hearing Officer failed to properly interpret and apply relevant provisions of the City Code,
Land Use Code, and Charter. The appeal alleges that the Larimer County Urban Area Street
Standards and the City’s Transportation Master Plan were not properly interpreted and applied.
Neither of these two documents is specifically discussed anywhere in the record, however several Land
Use Code Sections invoke the Larimer County Urban Area Street Standards by reference; and a
standard in that document mentions the Transportation Master Plan.
Thus, the Staff Report in the record may be considered to incorporate the two documents into the
record indirectly because it includes findings on a Land Use Code Section that invokes the street
standards.
ALLEGATION EXPLANATIONS
Allegation 1: “Infrastructure on Skyway, Constellation, Venus, and Mars”
NOTE: This allegation is listed here first as numerically titled, though it appears second in the Notice of
Appeal. Staff nevertheless cannot clearly discern what the appeal is alleging regarding the Hearing
Officer’s failure to interpret any code provisions as applicable to the subject development plan, as all claims
raised in this allegation pertain to the streets in the adjacent neighborhood.
The allegation includes claims regarding the condition of existing streets in adjacent 1970s-era
subdivisions to the north and west of the plan—specifically Skyway, Constellation, and Mars Drive, and
Venus Avenue. It concludes with an assertion about average daily traffic volumes “above ‘local residential’”.
The following information was included in the record for the hearing:
Page 234
Item 9.
These streets are not part of the subject development plan and were not included in the scope of the
Transportation Impact Study (TIS) except for the easternmost block of Skyway, where Mars Drive
intersects Skyway.
City Traffic Engineering staff in consultation with the Developer determined the required scope of the
TIS. The scope included six impacted intersections, including Mars and Skyway, Skyway and College,
College and Trilby, and three intersections with proposed new internal streets, as set forth in the subject
plan.
The TIS examined peak hour traffic volumes at the six intersections and indicated that existing
infrastructure combined with the proposed improvements would meet City standards.
Existing local streets not connected to the plan are not ordinarily part of a TIS—such a study evaluates
the areas of highest impact attributable to the proposed plan.
Existing streets in the adjacent neighborhoods may not meet current LCUASS standards; however,
those streets fall outside of the scope of review of the development plan because specific, attributable
traffic impacts are not anticipated based on the TIS.
Pertinent evidence from the record includes:
Transportation Impact Study, pages 15-20, for Level of Service summary at 6 intersections that were
studied.
Transcript, p. 20, lines 18-20 and 31-37, for neighbor comment about excessive traffic on streets in the
existing subdivisions.
Transcript, p. 21, lines 30-31, for neighbor comment about traffic on streets in the existing subdivision
to the north.
Transcript, p. 24, 12-17 and 32-33, for applicant comment about Skyway.
Transcript, p. 26, 29-42, and p. 27, lines 1-23 and 32-33, for staff comments about existing local streets.
Allegation 2: “LCUASS is not Fungible”
NOTE: The allegation here was listed first in the attached Notice of Appeal though is titled “Allegation 2”.
‘LCUASS’ references the Larimer County Urban Area Street Standards, adopted by the City.
The Notice of Appeal cites statements by staff that there are “no hard and fast” traffic volume numbers for
Collector and Local streets.
Pertinent evidence from the record includes explanations by staff to that effect, i.e., that there are no such
specific traffic volume standards:
Transcript p. 27, lines 6-14
Transcript p. 27, lines 17-23
The appeal also cites several Sections in Chapter 7 of the Larimer County Urban Area Street Standards
regarding the authority and responsibility of the City Engineer to enforce the standards. Chapter 7 provides
design requirements for different street types, with no standards that include traffic volumes.
Page 235
Item 9.
The record does not include any mention of those cited Sections; however, the Staff Report does mention
Land Use Code Section 3.6.2, which refers to LCUASS street design standards for streets that are part of
the development plan. Thus, the LCUASS may be considered to be included indirectly in the record.
Staff found compliance with Land Use Code Section 3.6.2, entitled ‘Streets, Streetscapes, Alleys, and
Easements’, because the streets in the plan simply meet all standards including the Larimer County Urban
Area Street Standards.
Pertinent evidence from the record includes:
Staff Report, page 14 for brief mention of compliance.
Staff Presentation, page 10 for brief mention of compliance.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Notice of Appeal
2. Notice of Hearing, Mailing List
3. Staff Report at Administrative Hearing
4. Staff Presentation at Administrative Hearing
5. Applicant Presentations at Administrative Hearing
6. Written Public Comments/Attendance at Administrative Hearing
7. Hearing Officer Decision
8. Verbatim Transcript to Administrative Hearing
9. Video Link to Administrative Hearing
10. Presentation to Council
Page 236
Item 9.
Notice of Appeal
Filed by Marcus Mims on August
20th, 2024
Page 237
Item 9.
Page 238
Item 9.
Page 239
Item 9.
Page 240
Item 9.
Page 241
Item 9.
Page 242
Item 9.
Page 243
Item 9.
Public Hearing Notice
and
Mailing List
Mailed: September 10, 2024
Page 244
Item 9.
City Clerk
300 LaPorte Avenue
Fort Collins, CO 80522
970.221.6515
970.221-6295 - fax
fcgov.com/cityclerk
PUBLIC HEARING NOTICE
Appeal of the Administrative Hearing Officer Decision regarding the
Approval of PDP #220009 College and Trilby Multifamily Community
located at 6301 S. College Avenue
The Fort Collins City Council will hold a public hearing on the enclosed appeal.
Appeal Hearing Date: October 1, 2024
Time: 6:00 pm (or as soon thereafter as the matter may come on for hearing)
Location: Council Chambers, City Hall, 300 LaPorte Avenue, Fort Collins, CO
Agenda Materials: Available after 5 pm, September 26, 2024, in the City Clerk’s office and
at fcgov.com/agendas.
Why am I receiving this notice? City Code requires that a Notice of Hearing be provided to
Parties-in-Interest, which means you are the applicant of the project being appealed, have
a possessory or proprietary interest in the property at issue, received a City mailed notice
of the hearing that resulted in the decision being appealed, submitted written comments to
City staff for delivery to the decision maker prior to the hearing resulting in the decision
being appealed, or addressed the decision maker at the hearing that resulted in the
decision being appealed.
Further information is available in the Appeal guidelines online at fcgov.com/appeals.
The Notice of Appeal and any attachments, any new evidence that has been submitted and
presentations for the Appeal Hearing can be found at fcgov.com/appeals.
If you have questions regarding the appeal process, please contact the City Clerk’s Office
(970.221.6515). For questions regarding the project its elf, please c ontact Kim Meyer,
Interim Community Dev elopment and Neighborhood Serv ices
(kimeyer@fcgov.com 970.416.8089).
The City of Fort Collins will make reasonable acc ommodations for access to City services, programs, and
activities and will mak e s pecial communication arrangements for persons with disabilities. Please call the
City Clerk’s Office at 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for as sistance.
A petición, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan
el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a
los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 221-6515 (V/TDD: Marque 711 para
Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible.
____________________________________
Delynn Coldiron, City Clerk
Notice Mailed: September 10, 2024
Cc: City Attorney
Community Development and Neighborhood Services
Administrative Hearing Officer
Page 245
Item 9.
412 ORION HANSSENN TRUST
155 BOARDWALK DR STE 545
FORT COLLINS, CO 80525
10444 MOORING RD
LONGMONT, CO 80504
5900 S COLLEGE AVE
FORT COLLINS, CO 80525
321 W 84TH AVE UNIT A
THORNTON, CO 80260
6330 S COLLEGE AVE
FORT COLLINS, CO 80525
2836 BLUE LEAF DR
FORT COLLINS, CO 80526
5441 HUNTER DR
WINDSOR, CO 80528
6520 S COLLEGE AVE
FORT COLLINS, CO 80525
6530 S COLLEGE AVE
FORT COLLINS, CO 80525
702 W DRAKE RD BLDG D
FORT COLLINS, CO 80526
6129 SALVIA CT
GOLDEN, CO 80403
912 FOSSIL CREEK DR
FORT COLLINS, CO 80526
362 AURORA WAY
FORT COLLINS, CO 80525
315 STARWAY ST
FORT COLLINS, CO 80525
PO BOX 270145
FORT COLLINS, CO 80527
1026 PTARMIGAN RUN
LOVELAND, CO 80538
LLC
6324 S COLLEGE AVE
FORT COLLINS, CO 80525
124 SATURN DR
FORT COLLINS, CO 80525
GOLDEN LES G
6408 SOLAR CT
FORT COLLINS, CO 80525
145 N COLLEGE AVE STE F
FORT COLLINS, CO 80524
6533 LYNN DR
FORT COLLINS, CO 80525
L/DEBRA A
6001 S COLLEGE AVE
FORT COLLINS, CO 80525
B/SAMANTHA L
516 STARWAY ST
FORT COLLINS, CO 80525
6513 ORBIT WAY
FORT COLLINS, CO 80525
ALY FAMILY REAL ESTATE LLLP
805 LINDEN AVE
BOULDER, CO 80304
BISANTI
5841 MARS DR
FORT COLLINS, CO 80525
5905 NEPTUNE DR
FORT COLLINS, CO 80525
6501 BRILLIANT WAY
DAYTON, OH 45459
3805 CRESCENT DR
FORT COLLINS, CO 80526
1026 INDIAN TRAIL DR
WINDSOR, CO 80550
Page 246
Item 9.
ANDERSON SHIRLEY D
6010 MARS DR
FORT COLLINS, CO 80525
6505 ORBIT WAY
FORT COLLINS, CO 80525
5846 MERCURY DR
FORT COLLINS, CO 80525
DOMINGUEZ TERYN
201 RICK DR
FORT COLLINS, CO 80525
6115 CLAIRE CT
FORT COLLINS, CO 80525
PASUALE GARY
508 GALAXY CT
FORT COLLINS, CO 80525
ASSOCIATION
PO BOX 270053
FORT COLLINS, CO 80527
512 GALAXY CT
FORT COLLINS, CO 80525
LLC
2944 SYKES DR
FORT COLLINS, CO 80524
4464 US HIGHWAY 12 EAST
WHITE SULPHUR SPRINGS, MT
59645
6018 MARS DR
FORT COLLINS, CO 80525
CLAUDE/LACEY MARIE
6118 CONSTELLATION DR
FORT COLLINS, CO 80525
QUIJAS-BARKER CYNTHIA
405 STARWAY ST
FORT COLLINS, CO 80525
I JOY
2414 S COUNTY ROAD 21
LOVELAND, CO 80537
205 RICK DR
FORT COLLINS, CO 80525
200 MILKY WAY DR
FORT COLLINS, CO 80525
6612 AVONDALE RD UNIT 7C
FORT COLLINS, CO 80525
5922 MERCURY DR
FORT COLLINS, CO 80525
308 MILKY WAY DR
FORT COLLINS, CO 80525
208 E SKYWAY DR
FORT COLLINS, CO 80525
380 AURORA WAY
FORT COLLINS, CO 80525
13470 STARRY NIGHT RD
FORT COLLINS, CO 80524
6602 AVONDALE RD UNIT H
FORT COLLINS, CO 80525
PERKINS LEQUETTA JOY
213 GARY DR
FORT COLLINS, CO 80525
400 FLAGLER RD
FORT COLLINS, CO 80525
6529 LYNN DR
FORT COLLINS, CO 80525
507 YUMA CT
FORT COLLINS, CO 80525
PO BOX 133
BELLVUE, CO 80512
6612 AVONDALE RD UNIT 3B
FORT COLLINS, CO 80525
537 YUMA CT
FORT COLLINS, CO 80525
Page 247
Item 9.
BRAMMER JAMES P/JODENE E
5914 MERCURY DR
FORT COLLINS, CO 80525
DE LA HAYE LUDOVICUS XAVIER
5835 MARS DR
FORT COLLINS, CO 80525
6600 DEBRA DR
FORT COLLINS, CO 80525
218 MILKY WAY DR
FORT COLLINS, CO 80525
5900 NEPTUNE DR
FORT COLLINS, CO 80525
317 URANUS ST
FORT COLLINS, CO 80525
BROSSART HEATHER BROOKE
STOEKLEN
6008 NEPTUNE DR
GRANT STACY L
430 FLAGLER RD
FORT COLLINS, CO 80525
6805 S COLLEGE AVE
FORT COLLINS, CO 80525
401 PULSAR ST
FORT COLLINS, CO 80525
421 GALAXY WAY
FORT COLLINS, CO 80525
A
5931 COLBY ST
FORT COLLINS, CO 80525
6464 S COLLEGE AVE
FORT COLLINS, CO 80525
3629 CAPITOL DR
FORT COLLINS, CO 80526
205 GARY DR
FORT COLLINS, CO 80525
740 VICTORIA DR
FORT COLLINS, CO 80525
NICCOLI KERRY
220 PITNER DR
FORT COLLINS, CO 80525
II
516 GALAXY CT
FORT COLLINS, CO 80525
6812 29TH ST
GREELEY, CO 80634
5928 MERCURY DR
FORT COLLINS, CO 80525
PAMELA K
6516 CONSTELLATION DR
FORT COLLINS, CO 80525
BROWN JOSHUA
204 GARY DR
FORT COLLINS, CO 80525
402 AURORA WAY
FORT COLLINS, CO 80525
6612 AVONDALE RD UNIT 5C
FORT COLLINS, CO 80525
5919 COLBY ST
FORT COLLINS, CO 80525
BAUER VICKIE ANN
6607 YUMA PL
FORT COLLINS, CO 80525
4163 RIVERWALK CIR
JOHNSTOWN, CO 80534
A
412 GALAXY WAY
FORT COLLINS, CO 80525
513 GALAXY CT
FORT COLLINS, CO 80525
230 BAYWOOD CT
SPRING, TX 77386
Page 248
Item 9.
CHENEY LEE S
416 ORION CT
FORT COLLINS, CO 80525
408 GALAXY WAY
FORT COLLINS, CO 80525
513 PLUTO CT
FORT COLLINS, CO 80525
THE
CHOATE JANE M TRUST THE
6408 CONSTELLATION DR
FORT COLLINS
125 CRESTRIDGE ST APT 4
FORT COLLINS, CO 80525
FORT COLLINS
125 CRESTRIDGE ST STE 1
FORT COLLINS, CO 80525
PO BOX 580
FORT COLLINS, CO 80522
3142 WORTHINGTON AVE
FORT COLLINS, CO 80526
EUGENE
5903 NEPTUNE DR
FORT COLLINS, CO 80525
6409 ORBIT WAY
FORT COLLINS, CO 80525
6424 SOLAR CT
FORT COLLINS, CO 80525
414 HUDSON CT
FORT COLLINS, CO 80525
206 MILKY WAY DR
FORT COLLINS, CO 80525
500 IDALIA CT
FORT COLLINS, CO 80525
6712 AVONDALE RD
FORT COLLINS, CO 80525
VANWYK LINDSAY M
413 SKYWAY DR
FORT COLLINS, CO 80525
291 E LAKE AVE
WOODLAND PARK, CO 80863
6504 CONSTELLATION DR
FORT COLLINS, CO 80525
6900 E BELLEVIEW AVE STE 300
GREENWOOD VILLAGE, CO 80111
7708 MCINTYRE CT
ARVADA, CO 80007
406 FLAGLER RD
FORT COLLINS, CO 80525
3577 POLK CIR E
WELLINGTON, CO 80549
217 PITNER DR
FORT COLLINS, CO 80525
5848 VENUS AVE
FORT COLLINS, CO 80525
TERESA A/RACHEL M
428 W SKYWAY DR
FORT COLLINS, CO 80525
5936 MARS DR
FORT COLLINS, CO 80525
6005 POLARIS DR
FORT COLLINS, CO 80525
6412 ORBIT WAY
FORT COLLINS, CO 80525
VERKUYL MARI J
417 STARWAY ST
FORT COLLINS, CO 80525
5841 MERCURY DR
FORT COLLINS, CO 80525
Page 249
Item 9.
CROMER CHARLENE R
201 PITNER DR
FORT COLLINS, CO 80525
5925 BOYNE CT
FORT COLLINS, CO 80525
6602 AVONDALE RD UNIT G
FORT COLLINS, CO 80525
6420 CONSTELLATION DR
FORT COLLINS, CO 80525
2402 PIERCE CT
FORT COLLINS, CO 80528
NICOLE
381 AURORA WAY
FORT COLLINS, CO 80525
THE
4617 CHIPPENDALE DR
FORT COLLINS, CO 80526
DAMERON SUSAN M
521 GALAXY CT
FORT COLLINS, CO 80525
5913 BOYNE CT
FORT COLLINS, CO 80525
DAUGAARD MARGO O
512 LEO CT
FORT COLLINS, CO 80525
TRUST
WARSON ELIZABETH A
508 SUNDOWN CT
413 PULSAR ST
FORT COLLINS, CO 80525
6706 FLAGLER RD
FORT COLLINS, CO 80525
216 N HOLLYWOOD ST
FORT COLLINS, CO 80521
TRUST
6712 FLAGLER RD
FORT COLLINS, CO 80525
DELGADO ANDREA
6504 ORBIT WAY
FORT COLLINS, CO 80525
3615 W BOWLES AVE
LITTLETON, CO 80123
6409 N LUNAR CT
FORT COLLINS, CO 80525
POOLE CHRISTINE
308 URANUS ST
FORT COLLINS, CO 80525
D'ERCHIA WENDY
403 AURORA WAY
FORT COLLINS, CO 80525
401 N HILLSBORO CT
FORT COLLINS, CO 80525
1160 6TH ST
HERMOSA BEACH, CA 90254
208 GARY DR
FORT COLLINS, CO 80525
1548 ADAMS AVE
LOVELAND, CO 80538
1527 WASP CT
FORT COLLINS, CO 80526
5900 VENUS AVE
FORT COLLINS, CO 80525
224 MILKY WAY
FORT COLLINS, CO 80525
LLC
11325 COLUMBINE ST
FIRESTONE, CO 80504
6012 VENUS AVE
FORT COLLINS, CO 80525
5841 NEPTUNE DR
FORT COLLINS, CO 80525
Page 250
Item 9.
DUKE CARL G/LORI KAY
5308 JONATHAN CT
FORT COLLINS, CO 80526
6602 AVONDALE RD UNIT J
FORT COLLINS, CO 80525
5920 NEPTUNE DR
FORT COLLINS, CO 80525
5852 NEPTUNE DR
FORT COLLINS, CO 80525
420 HUDSON CT
FORT COLLINS, CO 80525
300 E TRILBY RD
FORT COLLINS, CO 80525
6405 N LUNAR CT
FORT COLLINS, CO 80525
3865 COTTONWOOD DR
LOVELAND, CO 80538
FIROOZI BABAK
5919 BOYNE CT
FORT COLLINS, CO 80525
6737 FLAGLER RD
FORT COLLINS, CO 80525
309 MILKY WAY DR
FORT COLLINS, CO 80525
312 MILKY WAY DR
FORT COLLINS, CO 80525
6505 SOLAR CT
FORT COLLINS, CO 80525
A
5819 HIGHLAND HILLS CIR
FORT COLLINS, CO 80528
4543 ABERDEEN PL
BOULDER, CO 80301
409 PULSAR ST
FORT COLLINS, CO 80525
6205 CONSTELLATION DR
FORT COLLINS, CO 80525
GOOD SAMARITAN SOCIETY/THE
508 W TRILBY RD
FORT COLLINS, CO 80525
120 SATURN DR
FORT COLLINS, CO 80525
J
512 YUMA CT
FORT COLLINS, CO 80525
FAHRENBRUCK KATHLEEN J
536 IDALIA CT
FORT COLLINS, CO 80525
MARK
EBERLE DILLON/FAIRFAX ROSE
309 GALAXY WAY
3650 N COUNTY ROAD 3
LOVELAND, CO 80538
PATRICIA A
5833 NEPTUNE DR
FORT COLLINS, CO 80525
UENTIN/JENNIFER KAY
5909 MARS DR
FORT COLLINS, CO 80525
REVOCABLE TRUST
4301 LIMESTONE LN
JOHNSTOWN, CO 80534
408 W SKYWAY DR
FORT COLLINS, CO 80525
6308 CONSTELLATION DR
FORT COLLINS, CO 80525
417 ORION CT
FORT COLLINS, CO 80525
CHURCH OF FORT COLLINS
PO BOX 271627
FORT COLLINS, CO 80527
Page 251
Item 9.
FLORES BARBARA S
SERNA JUAN/MARIA PATRICIA
412 STARWAY ST
FORT COLLINS, CO 80525
512 IDALIA CT
FORT COLLINS, CO 80525
ALEXANDER CHANDLER
417 SKYWAY DR
FORT COLLINS, CO 80525
524 YUMA CT
FORT COLLINS, CO 80525
6731 FLAGLER RD
FORT COLLINS, CO 80525
301 W SKYWAY DR
FORT COLLINS, CO 80525
301 SKYWAY DR
FORT COLLINS, CO 80525
JOHNSTON DYLAN PETER
5840 MARS DR
FORT COLLINS, CO 80525
513 YUMA CT
FORT COLLINS, CO 80525
6608 DEBRA DR
FORT COLLINS, CO 80525
FRITZLER JAMES K
444 HUDSON CT
FORT COLLINS, CO 80525
PO BOX 271818
FORT COLLINS, CO 80527
224 RICK DR
FORT COLLINS, CO 80525
6612 AVONDALE RD UNIT 5D
FORT COLLINS, CO 80525
514 AMERICAS WAY
BOX ELDER, SD 57719
413 STARWAY ST
FORT COLLINS, CO 80525
216 RICK DR
FORT COLLINS, CO 80525
6117 CONSTELLATION DR
FORT COLLINS, CO 80525
408 ORION CT
FORT COLLINS, CO 80525
M
5926 VENUS AVE
FORT COLLINS, CO 80525
6601 YUMA PL
FORT COLLINS, CO 80525
626 JANSEN DR
FORT COLLINS, CO 80525
4908 LONE PINE DR
FORT COLLINS, CO 80526
6525 LYNN DR
FORT COLLINS, CO 80525
6416 CONSTELLATION DR
FORT COLLINS, CO 80525
GILLAN DENNIS J
6009 NEPTUNE DR
FORT COLLINS, CO 80525
160 YALE AVE
FORT COLLINS, CO 80525
6009 MARS DR
FORT COLLINS, CO 80525
ANDREA CHACON DE
420 W SKYWAY DR
FORT COLLINS, CO 80525
MANTOVANI KAREN M
6323 LYNN DR
FORT COLLINS, CO 80525
Page 252
Item 9.
GOODWIN KNIGHT LLC
8605 EXPLORER DR STE 250
COLORADO SPRINGS, CO 80920
6417 ORBIT WAY
FORT COLLINS, CO 80525
6420 SOLAR CT
FORT COLLINS, CO 80525
542 YUMA CT
FORT COLLINS, CO 80525
416 STARWAY ST
FORT COLLINS, CO 80525
WILLIAM
524 GALAXY CT
FORT COLLINS, CO 80525
LUTZ SUSAN C
6120 CLAIRE CT
FORT COLLINS, CO 80525
DEJONG JOEL/DANA L
5804 PUMA DR
LOVELAND, CO 80538
216 PITNER DR
FORT COLLINS, CO 80525
5907 BOYNE CT
FORT COLLINS, CO 80525
567 YUMA CT
FORT COLLINS, CO 80525
4230 TABLE MOUNTAIN PL
FORT COLLINS, CO 80526
CABRERA/JAMIE CABRERA
5923 MERCURY DR
FORT COLLINS, CO 80525
HALLIGAN KALEY
VINCENT AARON
408 STARWAY ST
SISNROY JULIET
508 LEO CT
FORT COLLINS, CO 80525
F/HAROLD P
6416 ORBIT WAY
FORT COLLINS, CO 80525
509 LEO CT
FORT COLLINS, CO 80525
43498 W OSTER DR
MARICOPA, AZ 85138
6500 CONSTELLATION DR
FORT COLLINS, CO 80525
BANKS JACOB ROBERT
213 RICK DR
FORT COLLINS, CO 80525
PAMELA L
6305 CONSTELLATION DR
FORT COLLINS, CO 80525
221 PITNER DR
FORT COLLINS, CO 80525
INVESTORS LLC
3600 AMERICAN RIVER DR STE
215
TEMPER TRISHA THERESE
1208 SPROWL RD
HURON, OH 44839
6138 POLARIS DR
FORT COLLINS, CO 80525
316 GALAXY WAY
FORT COLLINS, CO 80525
JENNINGS NICOLE D/MICHAEL
L/DAWN P
438 HUDSON CT
ROSE
5840 MERCURY DR
FORT COLLINS, CO 80525
6213 CONSTELLATION DR
FORT COLLINS, CO 80525
PHILIP K
PAPPENFORT BRAYDEN L
6612 AVONDALE RD UNIT 7D
Page 253
Item 9.
HILLYARD KEVIN/GINGER
413 FLAGLER RD
FORT COLLINS, CO 80525
6612 AVONDALE RD UNIT 1B
FORT COLLINS, CO 80525
WHEELER CAISLIN
6405 CONSTELLATION DR
FORT COLLINS, CO 80525
5912 BOYNE CT
FORT COLLINS, CO 80525
6404 CONSTELLATION DR
FORT COLLINS, CO 80525
204 PITNER DR
FORT COLLINS, CO 80525
6832 ECHO RIDGE TRL
LOVELAND, CO 80537
MONAHAN MEAGHAN
5839 VENUS AVE
FORT COLLINS, CO 80525
CENTER LLC
PO BOX 711
DALLAS, TX 75221
6024 S COLLEGE AVE
FORT COLLINS, CO 80525
512 STARWAY ST
FORT COLLINS, CO 80525
(.90)
HOXMEIER JOSEPH H (.10)
4329 PICADILLY DR
120 S RIVERSIDE PLZ STE 2000
CHICAGO, IL 60606
COLBERT ROBERT
305 GALAXY WAY
FORT COLLINS, CO 80525
E/BRADEN
6137 POLARIS DR
FORT COLLINS, CO 80525
JACQUELINE/ROBERT/ELIZABETH
4919 N HIGHWAY 1
FORT COLLINS, CO 80524
6742 FLAGLER RD
FORT COLLINS, CO 80525
225 SMOKEY ST
FORT COLLINS, CO 80525
5846 MARS DR
FORT COLLINS, CO 80525
508 PLUTO CT
FORT COLLINS, CO 80525
4700 HOLLY ST
DENVER, CO 80216
TRUST
JAMTGAARD DALE E/PATRICIA O
TRUSTEES
6106 CONSTELLATION DR
FORT COLLINS, CO 80525
6101 CONSTELLATION DR
FORT COLLINS, CO 80525
1727 71ST AVE
GREELEY, CO 80634
6000 VENUS AVE
FORT COLLINS, CO 80525
G
209 GARY DR
FORT COLLINS, CO 80525
6126 POLARIS DR
FORT COLLINS, CO 80525
LOREN/MICHELLE LOUZETTE
407 FLAGLER RD
FORT COLLINS, CO 80525
6709 KEVIN DR
FORT COLLINS, CO 80525
Page 254
Item 9.
JOHNSON RICHARD T/DIANE L
5851 MARS DR
FORT COLLINS, CO 80525
HURST KELLE LYNN
5918 BOYNE CT
FORT COLLINS, CO 80525
SCHENKEL JAMES E JR
6413 ORBIT WAY
FORT COLLINS, CO 80525
6026 VENUS AVE
FORT COLLINS, CO 80525
GONZALEZ
6125 POLARIS DR
FORT COLLINS, CO 80525
5901 MERCURY DR
FORT COLLINS, CO 80525
1740H DELL RANGE BLVD STE 248
CHEYENNE, WY 82009
CYRUS ROBERT/SOLTANPOUR
DAVID ALI PYAM(.50)
2732 DENVER DR
4914 N COUNTY ROAD 3
FORT COLLINS, CO 80524
MOTIS ANDREW MICHAEL
5840 VENUS AVE
FORT COLLINS, CO 80525
336 STARWAY ST
FORT COLLINS, CO 80525
6004 NEPTUNE DR
FORT COLLINS, CO 80525
412 IDALIA DR
FORT COLLINS, CO 80525
204 RICK DR
FORT COLLINS, CO 80525
6131 POLARIS DR
FORT COLLINS, CO 80525
542 IDALIA CT
FORT COLLINS, CO 80525
6600 YUMA PL
FORT COLLINS, CO 80525
PROPERTIES LLC
8220 TURMAN CT
FORT COLLINS, CO 80525
CAROL M
5840 NEPTUNE DR
FORT COLLINS, CO 80525
407 IDALIA DR
FORT COLLINS, CO 80525
5905 MARS DR
FORT COLLINS, CO 80525
212 GARY DR
FORT COLLINS, CO 80525
432 HUDSON CT
FORT COLLINS, CO 80525
6409 CONSTELLATION DR
FORT COLLINS, CO 80525
6712 S COLLEGE AVE UNIT 1
FORT COLLINS, CO 80525
JONES NATASHA LYNN
6005 VENUS AVE
FORT COLLINS, CO 80525
STEPHEN/MALINDA JOY
317 GALAXY WAY
FORT COLLINS, CO 80525
6029 MARS DR
FORT COLLINS, CO 80525
6528 LYNN DR
FORT COLLINS, CO 80525
324 SKYWAY DR
FORT COLLINS, CO 80525
Page 255
Item 9.
KRAFT PETERS TRUST THE
416 SKYWAY DR
FORT COLLINS, CO 80525
5966 WATSON DR
FORT COLLINS, CO 80528
3682 WITTAKER CIR
JOHNSTOWN, CO 80534
436 IDALIA DR
FORT COLLINS, CO 80525
2000 SHORELINE CT
WINDSOR, CO 80550
KUTZ-OSTERBERG BECKY J
6612 AVONDALE RD UNIT 6A
FORT COLLINS, CO 80525
6114 CLAIRE CT
FORT COLLINS, CO 80525
VALENCIS
491 CLOUD CAP AVE
PAGOSA SPRINGS, CO 81147
6612 AVONDALE RD UNIT 3D
FORT COLLINS, CO 80525
LANDRY KAREN K
508 STARWAY ST
FORT COLLINS, CO 80525
1286 FALCON RDG
CHEYENNE, WY 82009
121 W COLORADO AVE
AMARILLO, TX 79108
6533 S COLLEGE AVE
FORT COLLINS, CO 80525
421 W SKYWAY DR
FORT COLLINS, CO 80525
LEE CLIFF REVOCABLE TRUST
6112 CONSTELLATION DR
FORT COLLINS, CO 80525
1218 CANVASBACK CT
FORT COLLINS, CO 80525
6700 AVONDALE RD
FORT COLLINS, CO 80525
312 SATURN DR
FORT COLLINS, CO 80525
604 MOUNTAIN PLOVER LN
RED FEATHER LAKES, CO 80545
BROCKMAN-LILLEY MARSHA L
208 RICK DR
FORT COLLINS, CO 80525
6516 ORBIT WAY
FORT COLLINS, CO 80525
S/DEBORAH URIE
JOINT TRUST OF THE
630 W COUNTY ROAD 66E
6718 AVONDALE RD
FORT COLLINS, CO 80525
LOPEZ HERCILDA J
6115 POLARIS DR
FORT COLLINS, CO 80525
PO BOX 273003
FORT COLLINS, CO 80527
J/SUMMER
425 IDALIA DR
FORT COLLINS, CO 80525
313 GALAXY WAY
FORT COLLINS, CO 80525
WARD TERRI L
5924 BOYNE CT
FORT COLLINS, CO 80525
6501 LYNN DR
FORT COLLINS, CO 80525
230 MILKY WAY DR
FORT COLLINS, CO 80525
Page 256
Item 9.
MADIEDO MAURICIO
CATANO PAULA ANDREA
ACEVEDO
2533 SPRUCE CREEK DR
517 STARWAY ST
FORT COLLINS, CO 80525
3612 WESCOTT CT
FORT COLLINS, CO 80525
SARAH JANE
6520 ORBIT WAY
FORT COLLINS, CO 80525
6209 CONSTELLATION DR
FORT COLLINS, CO 80525
1206 WOODED CREEK CT
FORT COLLINS, CO 80526
516 SUNDOWN CT
FORT COLLINS, CO 80525
300 GALAXY WAY
FORT COLLINS, CO 80525
234 MILKY WAY DR
FORT COLLINS, CO 80525
5906 BOYNE CT
FORT COLLINS, CO 80525
715 STONINGTON LN
FORT COLLINS, CO 80525
512 SUNDOWN CT
FORT COLLINS, CO 80525
5852 MERCURY DR
FORT COLLINS, CO 80525
4130 LOST CREEK CT
FORT COLLINS, CO 80526
CHRISTINE
320 GALAXY WAY
FORT COLLINS, CO 80525
6004 POLARIS DR
FORT COLLINS, CO 80525
6013 S COLLEGE AVE
FORT COLLINS, CO 80525
404 SKYWAY DR
FORT COLLINS, CO 80525
225 E SKYWAY DR
FORT COLLINS, CO 80525
MCGRATH GLORIA J
6701 DEBRA DR
FORT COLLINS, CO 80525
3909 GRAND CANYON ST
FORT COLLINS, CO 80525
6103 CLAIRE CT
FORT COLLINS, CO 80525
3436 CONTINENTAL CIR
FORT COLLINS, CO 80526
6400 SOLAR CT
FORT COLLINS, CO 80525
S/GORDON I
PORING LAND
NORWICH NR 14 7 WH ENGLAND
1407 S COLLEGE AVE
FORT COLLINS, CO 80524
6602 AVONDALE RD UNIT A
FORT COLLINS, CO 80525
MEKELBURG ROBIN ANN ESTATE
OF
104 CARPENTER RD
BRASWELL ALEXANDRA LAUREN
449 FLAGLER RD
FORT COLLINS, CO 80525
5930 MARS DR
FORT COLLINS, CO 80525
Page 257
Item 9.
MILLER GALEN
6119 POLARIS DR
FORT COLLINS, CO 80525
PO BOX 1966
ESTES PARK, CO 80517
6612 AVONDALE RD UNIT 6D
FORT COLLINS, CO 80525
6312 CONSTELLATION DR
FORT COLLINS, CO 80525
424 IDALIA DR
FORT COLLINS, CO 80525
404 STARWAY ST
FORT COLLINS, CO 80525
JUDY A
268 HOPKINS CT
LOVELAND, CO 80537
324 URANUS ST
FORT COLLINS, CO 80525
424 STARWAY ST
FORT COLLINS, CO 80525
6001 MARS DR
FORT COLLINS, CO 80525
CORWIN AUSTIN
6508 S LUNAR CT
FORT COLLINS, CO 80525
J/JENNIFER M
524 IDALIA CT
FORT COLLINS, CO 80525
300 STARWAY ST
FORT COLLINS, CO 80525
11 WEDGEWOOD CT
PRINCETON, NJ 08540
5912 NEPTUNE DR
FORT COLLINS, CO 80525
3111 BENT DR
LOVELAND, CO 80538
6602 AVONDALE RD UNIT F
FORT COLLINS, CO 80525
6005 NEPTUNE DR
FORT COLLINS, CO 80525
GARSKE CASSIDY MARIAH
412 PULSAR ST
FORT COLLINS, CO 80525
5900 MERCURY DR
FORT COLLINS, CO 80525
420 ORION CT
FORT COLLINS, CO 80525
WINNE BECKY J
401 URANUS ST
FORT COLLINS, CO 80525
455 FLAGLER RD
FORT COLLINS, CO 80525
6104 CONSTELLATION DR
FORT COLLINS, CO 80525
6504 S LUNAR CT
FORT COLLINS, CO 80525
BRITTON JANET A
426 HUDSON CT
FORT COLLINS, CO 80525
6736 FLAGLER RD
FORT COLLINS, CO 80525
516 LEO CT
FORT COLLINS, CO 80525
5836 MERCURY DR
FORT COLLINS, CO 80525
COOPER/THOMAS VINCENT
NOON KEVIN JAMES
405 AURORA WAY
Page 258
Item 9.
NULL
NULL
6016 POLARIS DR
FORT COLLINS, CO 80525
NULL
6329 LYNN DR
FORT COLLINS, CO 80525
NULL
5931 BOYNE CT
FORT COLLINS, CO 80525
NULL
6509 S LUNAR CT
FORT COLLINS, CO 80525
NULL
6105 CONSTELLATION DR
FORT COLLINS, CO 80525
NULL
530 IDALIA CT
FORT COLLINS, CO 80525
5852 MARS DR
FORT COLLINS, CO 80525
NALWEYISO OLIVER OCHOLA
124 W SKYWAY DR
FORT COLLINS, CO 80525
KEIKAM CYNTHIA ANN
6025 VENUS AVE
FORT COLLINS, CO 80525
5905 MERCURY DR
FORT COLLINS, CO 80525
416 GALAXY WAY
FORT COLLINS, CO 80525
409 ORION CT
FORT COLLINS, CO 80525
209 PITNER DR
FORT COLLINS, CO 80525
8355 S WADSWORTH BLVD
LITTLETON, CO 80128
432 SKYWAY DR
FORT COLLINS, CO 80525
425 STARWAY ST
FORT COLLINS, CO 80525
6612 AVONDALE RD UNIT 2D
FORT COLLINS, CO 80525
6424 CONSTELLATION DR
FORT COLLINS, CO 80525
DAILEY MARY JO ANN
217 GARY DR
FORT COLLINS, CO 80525
443 FLAGLER RD
FORT COLLINS, CO 80525
6309 CONSTELLATION DR
FORT COLLINS, CO 80525
5906 VENUS AVE
FORT COLLINS, CO 80525
LANG MELISSA
5925 COLBY ST
FORT COLLINS, CO 80525
PATTERSON DIANE
6409 SOLAR CT
FORT COLLINS, CO 80525
208 PITNER DR
FORT COLLINS, CO 80525
404 GALAXY WAY
FORT COLLINS, CO 80525
517 LEO CT
FORT COLLINS, CO 80525
512 CORNELL AVE
FORT COLLINS, CO 80525
1330 W 6TH ST
LOVELAND, CO 80537
KERRI L
5925 MERCURY DR
FORT COLLINS, CO 80525
Page 259
Item 9.
PETERSEN ANDREW/KAYLA
5837 NEPTUNE DR
FORT COLLINS, CO 80525
ANGELA K
6150 POLARIS DR
FORT COLLINS, CO 80525
6612 AVONDALE RD UNIT 5A
FORT COLLINS, CO 80525
430 IDALIA DR
FORT COLLINS, CO 80525
DECRESCENTIS ANNA MARIE
5845 MERCURY DR
FORT COLLINS, CO 80525
DANIEL/ASHLEY ANN
413 IDALIA DR
FORT COLLINS, CO 80525
LOGERO
6132 POLARIS DR
FORT COLLINS, CO 80525
6713 DEBRA DR
FORT COLLINS, CO 80525
5000 NORTHPARK DR
COLORADO SPRINGS, CO 80918
413 ORION CT
FORT COLLINS, CO 80525
GARBER JEFFREY D JR
5922 NEPTUNE DR
FORT COLLINS, CO 80525
6121 CONSTELLATION DR
FORT COLLINS, CO 80525
A
2293 EMERALD CIR
MORRO BAY, CA 93442
NOVAK JASON
320 MILKY WAY DR
FORT COLLINS, CO 80525
6008 POLARIS DR
FORT COLLINS, CO 80525
ELIZABETH
5845 VENUS AVE
FORT COLLINS, CO 80525
518 IDALIA CT
FORT COLLINS, CO 80525
214 MILKY WAY
FORT COLLINS, CO 80525
6707 FLAGLER RD
FORT COLLINS, CO 80525
JAMIE
5914 MARS DR
FORT COLLINS, CO 80525
5828 VENUS AVE
FORT COLLINS, CO 80525
BEACH RODNEY B/JOYCE A
5901 NEPTUNE DR
FORT COLLINS, CO 80525
CHERYL K
6102 CLAIRE CT
FORT COLLINS, CO 80525
6300 CONSTELLATION DR
FORT COLLINS, CO 80525
LLP
1161 PRINCETON DR
LONGMONT, CO 80503
WOLFE JEREMY RAYMOND
400 GALAXY WAY
FORT COLLINS, CO 80525
5818 SOUTHRIDGE GREENS BLVD
FORT COLLINS, CO 80525
RIDDELL MATTHEW M
400 SKYWAY DR
FORT COLLINS, CO 80525
517 PLUTO CT
FORT COLLINS, CO 80525
ASSN
5855 WADSWORTH BY-PASS
ARVADA, CO 80003
Page 260
Item 9.
RIDGEWOOD HILLS MASTER
ASSN
11002 BENTON ST
WESTMINSTER, CO 80020
561 YUMA CT
FORT COLLINS, CO 80525
506 YUMA CT
FORT COLLINS, CO 80525
419 FLAGLER RD
FORT COLLINS, CO 80525
6612 AVONDALE RD UNIT 4B
FORT COLLINS, CO 80525
218 SKYWAY DR
FORT COLLINS, CO 80525
5913 COLBY ST
FORT COLLINS, CO 80525
6508 SOLAR CT
FORT COLLINS, CO 80525
6500 S LUNAR CT
FORT COLLINS, CO 80525
6404 N LUNAR CT
FORT COLLINS, CO 80525
WILSON JOYCE I
6612 YUMA PL
FORT COLLINS, CO 80525
5822 VENUS AVE
FORT COLLINS, CO 80525
2413 CUCHARAS CT
FORT COLLINS, CO 80525
ROSA MELANIE ANN DOWNS
2647 GERANIUM LN
FORT COLLINS, CO 80525
6602 AVONDALE RD E
FORT COLLINS, CO 80525
409 STARWAY ST
FORT COLLINS, CO 80525
4376 WOODY CREEK LN
FORT COLLINS, CO 80524
6202 POLARIS DR
FORT COLLINS, CO 80525
6006 MARS DR
FORT COLLINS, CO 80525
KIM KYONG-HUI
401 FLAGLER RD
FORT COLLINS, CO 80525
PO BOX 271664
FORT COLLINS, CO 80527
431 IDALIA DR
FORT COLLINS, CO 80525
343 ALDER AVE
JOHNSTOWN, CO 80534
308 GALAXY WAY
FORT COLLINS, CO 80525
6500 ORBIT WAY
FORT COLLINS, CO 80525
1054 RIVER BEND WAY
GLENWOOD SPRINGS, CO 81601
304 GALAXY WAY
FORT COLLINS, CO 80525
MULLER MARIANA
6100 ASHTON CT
FORT COLLINS, CO 80525
JAYNE A
5845 MARS DR
FORT COLLINS, CO 80525
500 STARWAY ST
FORT COLLINS, CO 80525
Page 261
Item 9.
SCHAFFER MAUREEN E
5027 ALDER CT
FORT COLLINS, CO 80525
1120 NASSAU WAY
FORT COLLINS, CO 80525
128 E TRILBY RD
FORT COLLINS, CO 80525
5853 MERCURY DR
FORT COLLINS, CO 80525
6012 POLARIS DR
FORT COLLINS, CO 80525
SCHNEIDER PAULA M
406 IDALIA DR
FORT COLLINS, CO 80525
525 GALAXY CT
FORT COLLINS, CO 80525
SCHULTZ NANCY E
519 YUMA CT
FORT COLLINS, CO 80525
6612 AVONDALE RD UNIT 4D
FORT COLLINS, CO 80525
CLARK CASEY LEA
363 AURORA WAY
FORT COLLINS, CO 80525
6618 YUMA PL
FORT COLLINS, CO 80525
PO BOX 621
FORT COLLINS, CO 80522
IRREVOCABLE TRUST
5908 NEPTUNE DR
FORT COLLINS, CO 80525
418 IDALIA DR
FORT COLLINS, CO 80525
6730 FLAGLER RD
FORT COLLINS, CO 80525
6602 AVONDALE RD UNIT B
FORT COLLINS, CO 80525
6512 CONSTELLATION DR
FORT COLLINS, CO 80525
LYNNE
509 SUNDOWN CT
FORT COLLINS, CO 80525
J/EVAN
6120 POLARIS DR
FORT COLLINS, CO 80525
5930 BOYNE CT
FORT COLLINS, CO 80525
931 DEERHURST CIR
FORT COLLINS, CO 80525
AMORELLA WILLIAM R
6144 POLARIS DR
FORT COLLINS, CO 80525
6508 ORBIT WAY
FORT COLLINS, CO 80525
KAUR JASPAL
6718 FLAGLER RD
FORT COLLINS, CO 80525
MANZO GINA L
300 URANUS ST
FORT COLLINS, CO 80525
6612 AVONDALE RD UNIT 7B
FORT COLLINS, CO 80525
CLUB INC
PO BOX 270532
FORT COLLINS, CO 80527
ASSN
2400 CHAROLAIS DR
FORT COLLINS, CO 80526
313 MILKY WAY DR
FORT COLLINS, CO 80525
431 FLAGLER RD
FORT COLLINS, CO 80525
Page 262
Item 9.
SMITH KIMBERLEY MURAI
MOORE CASEY COLIN
404 PULSAR ST
FORT COLLINS, CO 80525
WANG XIAOMU
418 FLAGLER RD
FORT COLLINS, CO 80525
317 E 41ST CT
LOVELAND, CO 80538
2013 WILLOW SPRINGS WAY
FORT COLLINS, CO 80528
GROUP LLC
PO BOX 153607
LUFKIN, TX 75915
6541 S COLLEGE AVE
FORT COLLINS, CO 80525
CORNELISON-SPIGHT CHRISTINA
413 GALAXY WAY
FORT COLLINS, CO 80525
CROUSE LINSEY A
424 SKYWAY DR
FORT COLLINS, CO 80525
6221 CONSTELLATION DR
FORT COLLINS, CO 80525
507 VENTANA WAY
WINDSOR, CO 80550
6502 E TRILBY RD
FORT COLLINS, CO 80528
STATZ SUSAN R
437 FLAGLER RD
FORT COLLINS, CO 80525
STEMPER JEAN L
200 PITNER DR
FORT COLLINS, CO 80525
501 YUMA CT
FORT COLLINS, CO 80525
5845 NEPTUNE DR
FORT COLLINS, CO 80525
DEPT-PT-CO-28199
PO BOX 25025
GLENDALE, CA 91201
216 GARY DR
FORT COLLINS, CO 80525
404 AURORA WAY
FORT COLLINS, CO 80525
LINDA M
6701 FLAGLER RD
FORT COLLINS, CO 80525
INC
503 NW 20TH AVE
CAPE CORAL, FL 33993
224 W SKYWAY DR
FORT COLLINS, CO 80525
6602 AVONDALE RD UNIT I
FORT COLLINS, CO 80525
6504 SOLAR CT
FORT COLLINS, CO 80525
1998 DORSET DR
FORT COLLINS, CO 80526
2217 3RD ST SW
LOVELAND, CO 80537
PO BOX 272425
FORT COLLINS, CO 80527
8133 VIOLA ST
SPRINGFIELD, VA 22152
DOLAN DANIEL PATRICK
501 LEO CT
FORT COLLINS, CO 80525
1008 VAN GERT DR
WINTERVILLE, NC 28590
324 VIVIAN ST
FORT COLLINS, CO 80525
Page 263
Item 9.
TILLEY JADE
HENSON JANET/JEREMY
370 AURORA WAY
FORT COLLINS, CO 80525
6602 AVONDALE RD UNIT C
FORT COLLINS, CO 80525
517 SUNDOWN CT
FORT COLLINS, CO 80525
549 YUMA CT
FORT COLLINS, CO 80525
543 YUMA CT
FORT COLLINS, CO 80525
SCOTT/BRITTANY LYNN
6000 MARS DR
FORT COLLINS, CO 80525
R/LUCCHINO JOHN P
VELASQUEZ VERONICA
419 IDALIA DR
6401 LYNN DR
FORT COLLINS, CO 80525
BEHNE TRAVIS M
6713 FLAGLER RD
FORT COLLINS, CO 80525
6405 SOLAR CT
FORT COLLINS, CO 80525
COMPANY LLC
2913 TUMBLEWEED LN
FORT COLLINS, CO 80526
TURNER SETH ROLAND
424 FLAGLER RD
FORT COLLINS, CO 80525
6026 HUNTINGTON HILLS DR
FORT COLLINS, CO 80525
SCOTT CHRISTOPHER R
3125 SUNDOWN DR
BERTHOUD, CO 80513
220 RICK DR
FORT COLLINS, CO 80525
PO BOX 29046
PHOENIX, AZ 85038
5930 VENUS AVE
FORT COLLINS, CO 80525
6127 POLARIS DR
FORT COLLINS, CO 80525
332 STARWAY ST
FORT COLLINS, CO 80525
5915 MARS DR
FORT COLLINS, CO 80525
BAEZA ANDRES VARGAS
201 MILKY WAY
FORT COLLINS, CO 80525
RUTH
6006 NEPTUNE DR
FORT COLLINS, CO 80525
702 W DRAKE RD BLDG F STE A
FORT COLLINS, CO 80526
312 GALAXY WAY
FORT COLLINS, CO 80525
216 E SWALLOW RD
FORT COLLINS, CO 80525
6612 AVONDALE RD UNIT 1A
FORT COLLINS, CO 80525
1339 CATALPA DR
FORT COLLINS, CO 80521
6612 AVONDALE RD UNIT 7A
FORT COLLINS, CO 80525
6102 CONSTELLATION DR
FORT COLLINS, CO 80525
WALKER DANNY L
6500 SOLAR CT
FORT COLLINS, CO 80525
Page 264
Item 9.
WALKER VIRGINIA A
LAURA D
6013 MARS DR
FORT COLLINS, CO 80525
4208 N GARFIELD AVE
LOVELAND, CO 80538
6416 SOLAR CT
FORT COLLINS, CO 80525
WALTERS BARBARA ANN
6217 CONSTELLATION DR
FORT COLLINS, CO 80525
6126 CLAIRE CT
FORT COLLINS, CO 80525
6601 DEBRA DR
FORT COLLINS, CO 80525
6408 N LUNAR CT
FORT COLLINS, CO 80525
123 SATURN DR
FORT COLLINS, CO 80525
6609 DEBRA DR
FORT COLLINS, CO 80525
170 HORSE MOUNTAIN DR
LIVERMORE, CO 80536
408 HUDSON CT
FORT COLLINS, CO 80525
209 E SKYWAY DR
FORT COLLINS, CO 80525
221 E SKYWAY DR
FORT COLLINS, CO 80525
WIEGERT EMILY
6706 AVONDALE RD
FORT COLLINS, CO 80525
5846 NEPTUNE DR
FORT COLLINS, CO 80525
442 FLAGLER RD
FORT COLLINS, CO 80525
6717 DEBRA DR
FORT COLLINS, CO 80525
6512 SOLAR CT
FORT COLLINS, CO 80525
STACI L
FISHER MADISON
6109 CLAIRE CT
SCHEUNERT CHELSEA
500 GALAXY CT
FORT COLLINS, CO 80525
221 RICK DR
FORT COLLINS, CO 80525
TRUST
3651 HOVA WAY
FORT COLLINS, CO 80526
516 PLUTO CT
FORT COLLINS, CO 80525
6629 S COLLEGE AVE
FORT COLLINS, CO 80525
6617 S COLLEGE AVE
FORT COLLINS, CO 80525
512 PLUTO CT
FORT COLLINS, CO 80525
3815 W COUNTY ROAD 4
BERTHOUD, CO 80513
1005 KEN PRATT BLVD
LONGMONT, CO 80501
21 BLACKBIRD LN
ALISO VIEJO, CA 92656
M
308 PARKWOOD PL
CHARLOTTESVILLE, VA 22901
Page 265
Item 9.
YOKE ROBERT A
316 E TRILBY RD
FORT COLLINS, CO 80525
517 GALAXY CT
FORT COLLINS, CO 80525
6700 FLAGLER RD
FORT COLLINS, CO 80525
6602 AVONDALE RD UNIT D
FORT COLLINS, CO 80525
512 Idalia Ct
Fort Collins, CO 80525
514 Mercury Dr
Fort Collins, CO 80525
413 Orion Ct
Fort Collins, CO 80525
6108 Constellation Dr
Fort Collins, CO 80525
PO Box 133
Bellvue, CO 80512
417 Skyway Drive
Bellvue, CO 80512
6500 Constellation Drive
Fort Collins, CO 80525
5852 Neptune Dr
Fort Collins, CO 80525
404 Starway St
Fort Collins, CO 80525
317 Uranus St
Fort Collins, CO 80525
5835 Mars DR
Fort Collins, CO 80525
Fort Collins, CO 80525
Page 266
Item 9.
Staff Report
(with attachments)
Presented to the
Type 1 Administrative Hearing on
July 24, 2024
Page 267
Item 9.
Development Review Staff Report
Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com
Administrative Hearing: July 24, 2023
College and Trilby Multifamily #PDP220009
Summary of Request
This is a Project Development Plan for a residential development
comprising 265 townhomes on a 38-acre site in south Fort Collins.
Zoning Map
Next Steps
If approved, the applicant will be eligible to submit a Final
Development Plan to finalize engineering and other details and
record all plan documents; the applicant could then apply for
construction and building permits.
Location
The site is on the west side of South College
Avenue between Skyway Drive and Trilby Road.
Parcel #9611400003.
Zoning
General Commercial (C-G) zoning. The zone
district permits the residential use.
Property Owner
Steve Shoflick, College and Trilby LLC
6900 E. Belleview Ave. Ste. 300
Greenwood Village, CO 801111647
Prospective Developer
Zocalo Community Development
455 Sherman St. Ste. 250
Denver, CO 80020
Applicant/Representative
Ken Merritt
JR Engineers and Planners
2900 S. College Ave.
Fort Collins, CO 80525
Staff
Clark Mapes, City Planner
Contents
1. Project Introduction .................................... 2
2. Land Use Code Article 1 ............................ 4
3. Land Use Code Article 2 – Applicable
Standards .......................................................... 4
4. Land Use Code Article 3 – General
Development Standards ................................... 9
5. Land Use Code Article 4 – Applicable
Standards: ....................................................... 17
6. Comprehensive Plan Background ........... 18
7. Findings of Fact/Conclusion .................... 19
8. Recommendation ..................................... 19
9. Attachments ............................................. 20
Staff Recommendation
Approval of two Modifications of Standards and
the Project Development Plan.
SITE
N
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1. Project Introduction
A. PROJECT DESCRIPTION
The 38-acre property spans a half-mile between Skyway Drive and Trilby Road in south Fort Collins.
The plan comprises 265 homes in 85 2, 3, and 4-unit buildings, and a community building with a pool. The
‘housing types’ are classified as duplex, single-family attached (townhomes), and multi-family (apartments).
The development is based around extending Mars Drive from its current terminus just south of Skyway Drive to
Trilby Road. Also, the current access drive on South College Avenue to Ziggi’s Coffee, just north of Trilby Road,
is extended as a local street called Stellar Drive providing access to the development. (The access is right-in-
right-out only.)
The property is a sloping hillside with the west edge about 50 feet higher than the east edge along South College
Ave. The west side is the top of the plan image above, with north to the right. The plan accounts for much of the
grade with sloping side yards between the buildings.
Existing drainage and a wetland at the bottom of the hillside are re-shaped into a formalized stormwater system
with a large detention pond that includes a designed wetland to mitigate the loss of the existing wetland due to
complete re-grading of the property.
The plan includes wide multi-use sidewalks along the South College and Trilby frontages.
The two Modifications of Standards involve specific aspects of building design.
South College Ave.
Tr
i
l
b
y
R
d
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To Skyway
Dr.
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B. DEVELOPMENT BACKGROUND & CONTEXT
The property has had multiple attempts at development since it was first annexed and zoned Commercial as the
Timan Annexation in 1988. That annexation was immediately followed by approval of the Timan Planned Unit
Development (PUD) in 1988, which was a general master plan diagram for a mix of uses. That PUD never
progressed further in any development plans. In 1996, the Hugh M. Woods PUD was approved for a large home
improvement store. That single-use plan with its very large building and parking footprint proved infeasible on the
sloping hillside property. In 2001, the owners got the property rezoned from Commercial to Neighborhood
Commercial, with the specific intent to enable development of a major supermarket shopping center. The
prospective supermarket developer did not proceed. In 2006 the property was again rezoned to revert to General
Commercial zoning which remains in place today.
The current proposal for a unified tract of apartments and townhomes is the fifth in a series of similar conceptual
plan proposals submitted by different developers and land planners, starting in 2019 and again in 2020 and 2021,
with the current proposal submitted for conceptual review in 2022.
After years of planning and budgeting, the City is currently constructing a capital project to enlarge the nearby
College/Trilby intersection, which involves a stormwater detention pond on the subject property.
Surrounding Zoning and Land Uses
North South East West
Zoning CG and UE CL and LMN CG LMN & UE
Land Use Storage units and vacant
property; Skyview
subdivision houses
across Skyway
Unplatted acreage
properties across
Trilby with houses and
outbuildings, uses
unclear
South College
Avenue/US Hwy. 287, a
church, and drive-
through coffee shop
Foothills Gateway social
services, a church, and
Skyview subdivision
houses
View of site looking west, with north to the right
South College Ave.
Mars Dr.
SITE
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C. OVERVIEW OF MAIN CONSIDERATIONS IN STAFF’S REVIEW
Salient issues that were resolved through four rounds of design and review include:
• Extensive grading is necessary for development on this sloping hillside property, which involves fundamental
overlapping issues for drainage and stormwater detention, and mitigation of the loss of the existing wetland
at the bottom of the hillside, including a natural habitat buffer zone (NHBZ) around a new wetland to be
created in a detention pond.
Although the existing wetland is removed in the overall earthwork grading, it is low habitat quality and the
plan provides significant enhancements with detailed restoration design and tailored plantings. Groundwater
hydrology was investigated as part of the newly designed wetland.
• A US 287/South College Avenue Access Control Plan, jointly adopted by the State and the City, indicates a
second street connection to South College in the northern part of the property, about ¼ mile south of Skyway
Drive. Early iterations of the plan attempted to find a way to grade the hillside to enable that, but it proved to
be physically infeasible due to steepness.
• Numerous other miscellaneous issues required multiple iterations but no others stand out.
2. Land Use Code Article 1
A. PURPOSE (SECTION 1.2.2)
Land Use Code Section 1.2.2 lists a wide range of over-arching, high-level objectives (e.g., “reducing energy
consumption and demand”) that are further developed and implemented in other Articles of the Land Use Code
to ensure that proposed development meets the overall purpose to “improve and protect the public health,
safety, and welfare” of the community.
As they may apply to the subject property and proposed project, the following sections of this report describe
design elements of the proposed development plan that provide evidence of and the degree to which
compliance would be achieved relative to the specific and enumerated standards within the Land Use Code.
The requirements, standards, and definitions contained in Articles 1 through 7 of the Land Use Code have been
crafted to fulfill and implement the stated purpose of this Code in § 1.2.2. By satisfying the purposes statements,
and meeting the applicable specific requirements, standards, and definitions set forth in Articles 1 through 7,
this project demonstrates consistency with Land Use Code § 1.2.2 (B) through (O) to the extent (B) through (O)
are applicable to this project.
3. Land Use Code Article 2 – Applicable Standards
A. PROJECT DEVELOPMENT PLAN PROCEDURAL OVERVIEW
1. Conceptual Review – CDR210059 – meeting held on January 7, 2022.
2. First PDP Submittal – submitted on June 24, 2022.
3. Neighborhood Meeting
A neighborhood meeting was not required, but one was held voluntarily by the applicants virtually on June 6,
2022. Q&A topics mainly involved traffic, with repeated comments about existing traffic conditions.
4. Notice (Posted, Written and Published)
Posted Notice: May 23, 2022, Sign #682.
Written Hearing Notice: July 9, 2024, 605 addresses mailed.
Published Coloradoan Hearing Notice: July 15, 2024.
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B. DIVISION 2.8 – MODIFICATION OF STANDARDS
The Land Use Code is adopted with the recognition that there will be instances where a project would be
consistent with City Plan, but would not meet a specific standard of the Land Use Code as stated. Accordingly,
code standards include provisions for modifications.
The applicant requests two Modifications of Standards: The first is to allow buildings with the same footprint size
and shape to be placed next to each other, with variation in other aspects of building design. The second is for
one four-unit building which is placed with one end facing the local street without a doorway.
The modification process and criteria in Land Use Code Division 2.8.2(H) provide for evaluation of these
instances on a case-by-case basis, as follows:
Land Use Code Modification Criteria:
“The decision maker may grant a modification of standards only if it finds that the granting of the
modification would not be detrimental to the public good, and that:
(1) the plan as submitted will promote the general purpose of the standard for which the modification is
requested equally well or better than would a plan which complies with the standard for which a
modification is requested; or
(2) the granting of a modification from the strict application of any standard would, without impairing the
intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described
problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the
proposed project would substantially address an important community need specifically and expressly
defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of
the City Council, and the strict application of such a standard would render the project practically infeasible;
or
(3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to
such property, including, but not limited to, physical conditions such as exceptional narrowness,
shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy
system, the strict application of the standard sought to be modified would result in unusual and exceptional
practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such
difficulties or hardship are not caused by the act or omission of the applicant; or
(4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by
this Division to be modified except in a nominal, inconsequential way when considered from the
perspective of the entire development plan and will continue to advance the purposes of the Land Use
Code as contained in Section 1.2.2.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific findings
showing how the plan, as submitted, meets the requirements and criteria of said subparagraph (1), (2), (3)
or (4).
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1. Modification of a Standard for Building Variation -- 3.5.2(C)
Overview
This standard for single-family attached dwellings (townhomes) requires variation among repeated buildings
that have more than two units. At least 3 distinctly different building designs are required for the 3- and 4-unit
buildings in this plan. This includes a requirement that the different designs must “vary significantly in
footprint size and shape”; and no similar buildings may be placed next to each other.
This modification request is needed because 3- and 4-unit buildings with the same footprints are placed next
to each other in numerous instances throughout the plan.
Applicant Justification
The applicant’s request provides justification for not being detrimental to the public good, and being consistent
with numbered criteria 2.8.2H(1) and (4) – “equal or better”, and “nominal and inconsequential”. The points
are:
• The whole plan with 85 buildings has wide variation throughout. There are (3) townhome types
(Series A, B, and C), and B and C have (3) sizes (2, 3 & 4-plex), which provide a total of (7)
types. Then (2) elevation styles are applied to each of those, which equals 14 different building
designs. Furthermore, there are 4 color schemes that can add more variation on top of these 14
designs.
• Where the same footprints are placed next to each other, different building designs include entrances
and porches, varied roof forms, projecting and recessed features, and residential siding in lap and
board-and-batten patterns.
• This extensive variation will be presented in detail at the hearing.
Below is an example of two buildings with the same footprint but with different styles applied:
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Staff Findings
Staff finds that the modification of this standard would not be detrimental to the public good and that the
request satisfies criteria (1) and (4) in subsection 2.8.2(H) – “equal or better” and “nominal and
inconsequential when considered from the perspective of the whole plan.”
Detriment to the public good. Staff’s finding is based on the following considerations:
• The buildings placed next to each other are completely different in their exterior design as viewed on
the ground, to a degree that accomplishes the purpose of the standard to avoid monotonous
repetition of large apartment or townhome buildings and rather to provide visual interest, particularly
at pedestrian scale.
• The overall plan has wide variation with 3 townhome types A, B, and C; two of which have 3 sizes (2-,
3-, and 4-unit buildings), for a total of 7 building types, and then 2 design styles are applied across the
7 building types for a total of 14 different designs. In addition, some of the type B and C facades are
2 stories and some are 3; and there are 4 color schemes that will add more variation on top of the 14
designs.
• The whole plan is for housing at the ‘missing middle’ scale, which is a city planning term for housing
alternatives between detached houses and apartment complexes with large buildings and parking
lots. The 3- and 4- unit buildings have a similar scale, with lengths of 60 feet and 78 feet, so that the
effect of two of the same together is not very different from having one of each next to each other.
When the overall missing middle scale is combined with the variation in placement that does exist
throughout the plan, staff finds that it is most apparent when looking closely in a plan view drawing.
On the ground, which is what matters, the instances of 3-plexes or 4-plexes next to each other have a
negligible effect and would not be improved by, for example, putting buildings together to make 5-, 6-,
or 7-unit buildings just to meet the standard.
In other words, staff thinks that switching any given 4-plex to a 3-plex would not be apparent in any
meaningful way, and potential solutions would not be as good as the proposed plan for visual interest
purposes.
Criteria (1), “equal or better.” Staff’s finding is based on the following considerations:
• The distinguishing elements demonstrated in the different “design styles” in the plan create a degree
of variation such that the similarity of footprints is highly mitigated and not readily apparent due to the
design aspects that make the buildings look different. In this case, staff finds that the design
variations counterbalance the need to change the footprints.
• One way to get different footprints into the plan to meet the standard would have been to join
buildings together to make a few larger buildings, e.g., 5- 6-, or 7- plex buildings. Staff finds that the
plan is better than a plan which could join buildings together to make larger buildings just to meet the
standard as stated.
Criteria (4), “nominal and inconsequential from the perspective of the whole plan.”. From the
perspective of the entire development plan, the instances of 3-and 4-unit buildings next to each other are
nominal and inconsequential for the reasons stated above and do not affect the purposes of the Land Use
Code.
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2. Modification of a Standard for Street-Facing Facades – 3.5.2(D)(2)
This standard requires that buildings with 4 or more dwelling units must have a doorway facing adjacent
neighborhood streets (could be secondary patio doors.) The intent is to avoid impersonal blank ends of multi-
unit buildings, often with only utility meters as the most prominent feature, along neighborhood streets. A
doorway indicates the presence of people as an animating architectural feature.
One such building has one end facing Rover Drive without a doorway.
Summary of applicant justification:
The applicants’ modification request is attached. It explains why the request is not detrimental to the public
good; and meets criterion (4) “nominal and inconsequential from the perspective of the whole plan”:
This is one such occurrence out of 85 buildings. The interior of the building is a garage partly below grade,
with the grade in the outside yard sloping down along the building wall such that a doorway would be non-
functional. The visual impact is mitigated by being located on a curve, and by two trees in the foreground
closer to the sidewalk.
Staff Findings:
Staff finds that the granting of the modification would not be detrimental to the public good and that the plan
satisfies criteria in subparagraph (4), “nominal and inconsequential” under Section 2.8.2(H) governing
modification requests.
Detriment to the public good
This one occurrence out of 85 buildings has virtually no effect on the look and feel of this 38-acre plan when
considered from the perspective of the entire plan.
The impact of the end wall upon the street is mitigated by its location on a curve where the view is shifting,
and a street tree and an ornamental tree with the wall as backdrop.
Criterion (4), “nominal and inconsequential”. From the perspective of the entire development plan, the one
end of one building facing Rover Drive without a doorway is nominal and inconsequential for reasons stated
above and does not affect the purposes of the Land Use Code.
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4. Land Use Code Article 3 – General Development Standards
Pertinent standards in various Divisions of Article 3 are evaluated below.
A. DIVISION 3.2 - SITE PLANNING AND DESIGN STANDARDS
Applicable
Code Standard
Summary of Code Requirement and Analysis Staff Findings
3.2.1
Landscaping
and Tree
Protection
3.2.1(D) Tree
Planting
Standards
3.2.1(D)(1)(c)
Full Tree
Stocking
3.2.1(F) Tree
Preservation
and Mitigation
The standards of this section require development plans to demonstrate a
comprehensive approach to landscaping that enhances the appearance and function
of the neighborhood, buildings, and pedestrian environment.
• The plan includes two different types of landscaping, both thoroughly
developed:
- More formal manicured landscaping along streets and around buildings with
trees, turfgrass, and mulched planting beds with shrubs and ornamental
grasses; and
- Restoration of the remaining peripheral areas around the site including
detailed Natural Habitat Buffer Zone (NHBZ) mitigation. There are two
existing natural habitat features on the property with buffer zone restoration --
the wetland and the piped North Louden ditch corridor along the west edge.
This restoration and buffer zone mitigation includes tailored seed mixes for
upland, lowland, and wetland areas related to gradation of the hillside
topography; and also includes woody container plantings and cuttings of
native plants associated with certain portions of the gradation in the wetland
buffer zone.
This restoration represents improvement over the existing habitat values of
the existing features.
Specific components include:
• An inventory of the 15 existing trees on the property. 5 trees are dead or in
poor condition and are to be removed. Mitigation for trees to be removed is
accounted for, with agreement from Forestry staff.
• Street trees in irrigated turfgrass parkways along the streets.
• Tree plantings around the buildings, walkways, and the two small parking
lots.
• Mulched planting beds around buildings.
• Irrigated turfgrass in front yards and a few other locations where people may
walk across landscape areas.
• Detention pond seeding and NHBZ landscape restoration.
Complies
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3.2.2
Access,
Circulation and
Parking –
General
Standard
This standard requires that development projects accommodate the movement of
vehicles, bicycles, pedestrians, and transit throughout the project and to and from
surrounding areas safely and conveniently and contribute to the attractiveness of the
neighborhood. In compliance, the PDP includes the following:
• The plan provides a complete framework of streets and walkways linking all
parts of the development.
• In addition, private alleys serve a majority of the garages that accompany all
dwelling units.
• Visitor parking is provided near the community center and the small park at
the north end of Rover Drive.
Complies
3.2.2(C)(4)
Bicycle Parking
Space
Requirements
Residential: A standard requires one bicycle space per bedroom for multi-family
dwellings. 6 of the dwellings along the “infinity walk” north of the community center
are classified as multi-family.
• Far exceeding standard requirements, bicycle parking is provided with hooks
in the garages, plus there are additional fixed racks located throughout the
development including at each end of the “infinity walk”.
Complies
Section
3.2.2(K)(1)(a) &
(b)
Residential
Parking
Required
These standards require a minimum amount of parking for residential development of
various housing types. For attached and multi-family dwellings the requirement is
based on bedrooms.
A chart on the site plan cover sheet shows the required parking as two spaces per
unit for the three building types. This actually overstates the requirement which is
1.75 spaces for 2-bedroom units which comprise a majority of units in the plan.
• The plan provides 320 spaces in 2 car garages for each unit, exceeding the
actual requirement.
• The plan provides 17 additional guest parking spaces in a few locations, and
14 additional spaces at the community building including 2 handicap spaces.
• The streets include street parking.
Complies
3.2.4
Exterior Site
Lighting
The plan does not include any lighting other than City street lights. Lighting on the
buildings will be reviewed at the building permit stage.
N.A.
Section 3.2.5
Trash and
Recycling
Enclosures
The purpose of this standard is to ensure the provision of facilities compatible with
surrounding land uses, for the collection, separation, storage, loading and pickup of
trash, waste cooking oil, compostable and recyclable materials.
• Trash and recycling are to be accommodated in garages.
Complies
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B. DIVISION 3.3 - ENGINEERING STANDARDS
Applicable
Code Standard
Summary of Code Requirement and Analysis Staff Findings
3.3.1(C) –
Public Sites,
Reservations
and
Dedications
This standard requires the applicant to dedicate rights-of-way for public streets,
drainage easements and utility easements as needed to serve the area being
developed.
• The project includes a subdivision plat that provides all needed r.o.w. and
easements.
Complies
C. DIVISION 3.4 - ENVIRONMENTAL, NATURAL AREA, RECREATIONAL AND CULTURAL
RESOURCE PROTECTION STANDARDS
Applicable
Code Standard
Summary of Code Requirement and Analysis Staff Findings
3.4.1 – Natural
Habitats and
Features
The purpose of this Section is to ensure that when property is developed, the way in
which the components of the development plan are designed and arranged on the
site will protect the natural habitats and features both on and in the vicinity of the site.
It applies when development is proposed within 500 feet of an identified natural
habitat or feature. In this case, the natural features present include a wetland complex
(1.23 acres) on the eastern edge of the site, the Louden Ditch corridor (the ditch is
now piped) that runs along the western edge and serves as a wildlife corridor, a red-
tailed hawk nest in the southwest corner, an offsite great horned owl nest to the
northeast, and an active black-tailed prairie dog colony across the majority of the site.
The site is currently dominated by non-native and noxious plant species.
This Section requires ‘Natural Habitat Buffer Zones’ (NHBZs) around natural features
in a development plan.
An Ecological Characterization Study (ECS) was completed along with several
updates as required to evaluate habitat values and make recommendations regarding
mitigation of lost habitat value, protection, and enhancement. The ECS is attached. In
total, 9.95 acres of NHBZ are proposed in the plan.
Wetland: The wetland was identified as a complex of a palustrine scrub shrub and
palustrine emergent wetland covering 1.23 acres of the site. Wetlands provide value
in the form wildlife benefits, groundwater discharge and recharge, and infiltration
areas. The existing condition of the wetland is low quality with noxious species and
surface land disturbance. The wetlands were found to be non-jurisdictional by the
Army Corps of Engineers.
As this wetland does not provide significant use by waterfowl or shorebirds according
to the ECS, the buffer standards are applied by the size of wetland. According to the
Land Use Code Section 3.4.1(E), for wetlands greater than 1/3 acre in size, a 100’
buffer zone standard is applied. Application of a 100’ buffer to the wetland results in a
required NHBZ of 3.5 acres. Stormwater detention facilities will be co-located with the
wetland, and improvement of the vegetation and thus habitat value will be increased,
bringing the proposed wetland and associated NHBZ to 4.0 acres. Stormwater
generated by the proposed development is filtered by low impact development
features prior to entering the wetland.
Complies
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Louden Ditch: This formerly meandering ditch was piped in a straight alignment by
the ditch company in 2018. At that time, the City and private parties agreed that the
loss of the feature would by mitigated by applying the standard habitat buffer area for
ditch corridors to the alignment of the new pipeline. The owners attempted restoration
but that effort did not succeed for multiple reasons.
So, although the ditch is now piped underground, the wildlife movement corridor will
be maintained through the establishment of a NHBZ with upland seeding. Irrigation
ditches serving as wildlife movement corridors receive a 50’ buffer on either side,
measured from the top of bank. On this project that equates to a 5.94 acres; the
project is proposing 5.94 acre of Louden Ditch (riparian) NHBZ. This area is to be
restored as an improvement over the current condition which is dominated by weeds.
Red-tailed hawk nest: LUC 3.4.1requires a 450-foot buffer around an active nest if
construction occurs during the nesting season (February 15 to July 15). This will be
applied at the time of any proposed construction.
Black-tailed prairie dogs: LUC 3.4.1 requires mitigation of prairie dog colonies by
relocation, trapping and donating to black-footed ferret recovery or raptor recovery
programs, or by a payment-in-lieu fee with euthanization, along with a mitigation plan
detailing how re-colonization will be avoided. The ECS proposes trapping and
donating to the wildlife recovery programs.
More specific aspects of the plan that provide environmental benefits include:
• A detailed landscape restoration and enhancement plan for the wetland
NHBZ that was carefully developed through multiple rounds of hydrologic
investigation, design, and review with collaboration between applicants and
staff.
• The plan includes grading and tailored seed mixes for habitat types that will
maximize habitat value, water conservation, and aesthetics.
D. DIVISION 3.5 - BUILDING STANDARDS
Applicable
Code Standard
Summary of Code Requirement and Analysis Staff Findings
3.5.1(A) and (B)
– Building
Project and
Compatibility,
Purpose, and
General
Standard
The purpose of this Section is to ensure compatibility of new buildings and uses with
the surrounding context. Absent any established character, the standard requires that
new buildings set an enhanced standard of quality for future projects or
redevelopment in the area. The standards in this section complement the more
specific requirements in Section 3.8.30 which pertain to apartment and townhome
development.
The context includes both existing development adjacent to the site, and also the
future vision and zoning. In this case, the context is mainly the Commercial zone
district along the highway.
Staff finds no defining character in the existing context that would be pertinent to any
question of compatibility, and the future vision and zoning would allow for almost any
kind of commercial development. Therefore staff finds no compatibility issue with this
neighborhood development.
Complies
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3.5.2
Residential
Building
Standards
(B) General
Standard
Standards in this Section are intended to promote variety, visual interest, and
pedestrian-oriented streets in residential development. Development projects
containing residential buildings must place a high priority on building entryways and
their relationship to the street. Pedestrian usability is prioritized over vehicular
usability. Buildings must include human-scaled elements, architectural articulation,
and design variation.
Complies via
other more
specific
standards
below and in
Section 3.8.30
3.5.2(C)
Variation
Among
Townhomes
This standard requires at least 3 different building designs, and requires that no two
of the same buildings are placed next to each other. Buildings must vary distinctly
and significantly including footprint size and shape.
• The 3 housing types in the plan are completely different from each other, and
then within each type, multiple design styles to the buildings of each type.
• Buildings with the same footprint size and shape are placed next to each
other in numerous locations throughout the plan, as explained in a
Modification request to allow for that.
Complies, with
a Modification
for building
footprint size
and shape.
3.5.2(D)(1)
Orientation to a
Connecting
Walkway
The Connecting Walkway standard requires that dwellings must directly face onto a
street sidewalk or a walkway that leads straight to a street sidewalk with no primary
entrance more than two hundred (200) feet from the sidewalk. The latter situation
occurs when buildings are placed perpendicularly to the street.
• All buildings comply.
Complies
3.5.2.(D)(2)
Street-Facing
Facades
When buildings are placed perpendicularly to a local street; a standard requires a
multifamily building with four or more units to have an entry or doorway facing the
adjacent local street.
• One building with four units does not have a doorway facing the local street.
This building is at the south end of Rover Drive where the street curves to
meet Mars Drive.
As discussed previously in the staff report, a modification to 3.5.2(D)(2) is included
previously in this report.
Modification
Requested
3.5.2(F)
Garage doors
This standard requires the garage doors to comprise no more than 50% of the front
facade of any building; and requires them to be recessed at least 4 feet behind the
face of the building or a porch that measures at least 6 by 8 feet.
• The plan provides these minimum dimensions.
Complies
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E. DIVISION 3.6 – TRANSPORTATION AND CIRCULATION
This Section is intended to ensure that the transportation network of streets, alleys, roadways, and trails is in
conformance with adopted transportation plans and policies established by the City.
Applicable
Code Standard
Summary of Code Requirement and Analysis Staff Findings
3.6.2 – Streets,
Streetscapes,
Alleys, and
Easements
This Section requires transportation network improvements for public health, safety,
and welfare, with requirements in accordance with the Larimer County Urban Area
Street Standards and requires necessary easements for utilities and access.
• The plan extends Mars Drive which currently terminates near the north
property boundary, in conformance with standards.
• The plan includes a subdivision plat that dedicates needed ROW and
easements.
Complies
3.6.3(F)
Street Pattern
and
Connectivity
Standards
This Section requires development plans to connect and extend streets that are
stubbed to the boundary of the plan by previous development.
• The plan extends the Mars Drive stub on the north, and also extends the
drive access on South College currently serving the drive-through coffee
shop in the south part of the site, as a local street into the development.
• There is currently a gap between the end of the existing Mars Drive and the
north property line of the proposed plan (shown below with the unpaved
turnaround area at the end of the stub).
An approved apartment project called Mars Landing exists along the Mars
Drive stub. If the proposed College/Trilby Multifamily plan develops before
Mars Landing, then the applicants will need to construct it to make the
connection to Skyway Drive. South College Storage built this segment of
Mars Drive, and provided funding to reimburse the cost when they elected not
to build Mars Drive all the way to the property line.
Complies
Mars Landing
Approved
Development
South
College
Storage Ma
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Dr
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Applicable
Code Standard
Summary of Code Requirement and Analysis Staff Findings
3.6.4 –
Transportation
Level of Service
Requirements
This Section contains requirements for the transportation needs of proposed
development to be safely accommodated by the existing transportation system, or
that appropriate mitigation of impacts will be provided by the development to meet
adopted Level of Service (LOS) standards.
• A Traffic Impact Study was reviewed and accepted by staff. The explanation
and conclusions comprise the first 29 pages of the 233-page report with the
remainder consisting of appendices with technical measurements and
calculations. The first 29 pages are attached.
• The key findings are that only minor impacts to the Levels of Service are
generated from the proposed plan. The main traffic issues are a function of
the existing conditions at the College/Trilby intersection; and those issues are
to be improved with a City capital project which is being constructed in 2024.
• Pedestrian facilities are mostly adequate in the area surrounding the Project
site, which is primarily residential. The proposed plan adds sidewalks
adjacent to the site on College and Trilby.
• The only specific recommendation is for a turn lane at the Trilby/College
intersection, which is being done with the City project.
Complies
3.6.6
Emergency
Access
This Section requires access for emergency vehicles and services.
• The project has been reviewed by Poudre Fire Authority (PFA) and meets the
needs and requirements for emergency access with its framework of streets,
private alleys, and walkways.
Complies
F. DIVISION 3.7 - COMPACT URBAN GROWTH
Applicable
Code Standard
Summary of Code Requirement and Analysis Staff
Findings
3.7.3
Adequate
Public Facilities
The proposed project provides adequate service design for water, wastewater, storm
drainage, fire and emergency services, and electric facilities. There are no special
needs or requirements necessary to serve the development.
Complies
G. SECTION 3.8.30 MULTI-FAMILY AND SINGLE-FAMILY ATTACHED DWELLING
DEVELOPMENT STANDARDS
Applicants and staff have agreed that this Section applies, under the wording in the code:
“The standards in this Section apply to all multi-family developments that contain at least four (4) dwelling
units and single-family attached developments that contain at least four (4) dwelling units where there is
no reasonably sufficient area for outdoor activities and useable outdoor space on an individual per lot
basis. This Section is intended to promote variety in building form and product, visual interest, access to
parks, pedestrian-oriented public or private streets and compatibility with surrounding neighborhoods.”
The wording about ‘reasonably sufficient outdoor space’ on each lot was not part of the discussion; rather, the
plan was designed to meet the standards.
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Applicable Code
Standard
Summary of Code Requirement and Analysis Staff Findings
3.8.30(B)(1)(2)
(3)(4)
Mix of Housing
Types
This subsection lists 8 housing types and encourages a range of the types in any
individual development plan, to the extent reasonably feasible. A minimum of three
housing types is required on any development parcel 30 acres or larger.
• Three housing types are provided which correspond to types recognized in
the standard – duplex, single-family attached, and multifamily. In code
language, some of the distinctions are a function of whether or not units in the
buildings are on their own lots. This is the distinction between what are
commonly thought of as townhomes versus apartments, with no visible
distinction – just lines on plans.
• To aid in the semantics of discussion, note that there are varied building
types within the housing types.
Complies
3.8.30(C)
Access to a
Park, Central
Feature or
Gathering Place
This subsection requires that at least 90% of the homes be within 1,320 feet (¼ mile)
of small park or central feature or gathering place that is located either within the
project or within adjacent development. A minimum size of 10,000 square feet is
stated for these features.
• The plan provides a community building for the development with pool and
clubhouse, with about 37,000 square feet of space, well within ¼ mile of at
least 90% of the homes.
• The plan also includes a 9,500 square-foot mini-park space in the northern
portion of the site at the corner of Rover and Mars Drive.
• The plan also provides 6.7 acres of open space along the entire ½-mile long
western edge, with an 8-foot walkway/trail and a dog park at the south end of
Rover Drive.
Complies
3.8.30(D)
Blocks
This subsection requires a basic layout of limited size blocks bounded by streets.
The plan provides blocks of development as feasible with the sloping property and the
½ mile long western edge bounded by a piped ditch and existing abutting
development. A pedestrian spine near the center of the plan contributes to the block
pattern.
Complies
3.8.30(F)
Building Design
Variation
Among Multi-
Family
Dwellings
This subsection requires a basic level of building variation, with at least 3 different
building designs; clear prominent entrances; roof forms; façade articulation; and use
of color and materials for variety and individuality. The standard requires different
building footprint size and shape as part of the different designs; and that no two
buildings with the same design can be placed next to each other in the plan.
• The 9 multi-family dwellings in the plan are centered around Tract H, across
Lunar Court from the community center. As discussed under the mix of
housing types subsection, the plan provides the required variation.
• Note that there is an equivalent standard for townhome dwellings with more
than two units is in subsection 3.5.2(C), which needs a Modification request
explained above in this report .
• The multi-family building designs include 2 different building types ‘B’ and ‘C’,
each with 3 different sizes (2-, 3- and 4-plexes); and 2 different styles are
applied across these buildings. In addition, color variation in the different
styles adds additional variation. Styles include clearly identifiable entrances
Complies
Page 283
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and porches, varied roof forms, massing proportions, projecting and recessed
features, and residential siding in lap and board-and-batten patterns. Not all
variations are evident in the attached plans but will be presented in full at the
hearing. Examples of the two building types ‘B’ and ‘C’ are shown below.
5. Land Use Code Article 4 – Applicable Standards:
A. DIVISION 4.21 – GENERAL COMMERCIAL DISTRICT (C-G)
This zone district is intended to be a setting for a wide range of community and regional retail uses, offices
and personal and business services. Secondarily it can also accommodate a wide range of other uses
including creative forms of housing. A tract of housing was never envisioned in the formation of the zone
district, but is not precluded. The only pertinent standard is the permitted use list.
Applicable
Code Standard
Summary of Code Requirement and Analysis Staff
Findings
4.4(B) –
Permitted
Uses
The CG zoning permits the duplex, single-family attached and multi-family residential
uses.
Complies
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6. Comprehensive Plan Background
The Land Use Code’s purpose statement, per Section 1.2.2(a), is to ensure that all growth and development
that occurs is consistent with City Plan, and its adopted components – which for this project includes the
South College Corridor Plan. The following analysis summarizes the main ideas in City Plan and the corridor
plan that are pertinent in terms of general alignment with the guiding vision and policies presented in such
plans.
A. CITY PLAN (2019)
The City’s comprehensive plan, City Plan, was developed with the participation of thousands of community
members and “articulates the community’s vision and core values; and establishes the overall policy foundation”
to provide “high-level policy direction” towards achieving a shared community vision of growth and
transportation throughout the City.
Housing is a pervasive topic in the plan with a strong emphasis on a diverse range of housing options and a
mix of housing types for various incomes and households, including ‘affordable’ and ‘attainable’ housing.
These ideas are parts of the Vision and Values on p. 28 and 29, and in Principles and Policies on p. 42 of the
plan.
B. SOUTH COLLEGE CORRIDOR PLAN (2006)
The main topics in this plan involve the highway itself and its commercial corridor. It recognizes the
commercial zoning on the subject property, and envisions commercial uses designed for neighborhood
compatibility and transformation of the area over time with a more attractive pedestrian environment.
Development of the property as a tract of solely residential development was simply never foreseen in
comprehensive plan processes.
The plan highlights the need for street and trail connections throughout the area, and specifically shows Mars
Drive and a private trail connecting across the half-mile between Skyway and Trilby; and shows a local street
connection to S. College. The proposed development plan includes these specific components.
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7. Findings of Fact/Conclusion
In evaluating the request for the College and Trilby Project Development Plan #PDP220009, Staff makes the following
findings of fact and conclusions:
1. The Project Development Plan complies with the applicable procedural and administrative requirements of
Article 2 of the Land Use Code.
2. The Project Development Plan complies with applicable criteria for approval of Modification of Standards
located in Division 2.8 of the Land Use Code.
Staff supports the request for Modification of Standards to subsection 3.5.2(D)(2) for one building that does
not have a doorway on an end of the building that faces a local street.
The modification would not be detrimental to the public good and the request satisfies criterion (4) in
subsection 2.8.2(H) as explained in this report.
Staff supports the request for Modification of Standards to subsection 3.5.2(D)(2) for street-facing facades on
the ends of two buildings without doorways.
The modification would not be detrimental to the public good and the request satisfies criterion (4) in
subsection 2.8.2(H) because the two building ends are a negligible proportion of the building frontage along
the streets, and he building design does not consist of impersonal blank utilitarian walls but rather consists of
windows, quality materials, and articulation consistent with the quality design character of the building fronts.
Therefore, the two buildings contribute to visual interest along the street.
3. The Project Development Plan complies with relevant standards located in Article 3 – General Development
Standards, subject to approval of the three Modifications of Standards.
4. The Project Development Plan uses are permitted in Division 4.21 – General Commercial (CG) zone district in
Article 4, with no other applicable zone district standards.
8. Recommendation
• Staff recommends that the Hearing Officer approve two Modifications of Standards to Land Use Code subsection
3.5.2(C) for building footprint variation; and 3.5.2(D)(2) for a street-facing facade without a doorway.
• Staff recommends that the Hearing Officer approve the College and Trilby Multi-Family Development Plan,
#PDP220009 based on the Findings of Fact and supporting explanations found in the staff report and hearing
materials.
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9. Attachments
1. Site Plan
2. Landscape Plan
3. Architecture
4. Modification Request for Building Variation
5. Modification Request for a Street-Facing Facade
6. Utility Plans
7. Plat
8. Environmental Characterization Study
9. Traffic Study
10. Neighborhood Meeting Notes
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COLLEGE & TRILBY | MULTI-FAMILY COMMUNITY
PROJECT DEVELOPMENT PLAN
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11,
TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
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A Westrian Company
COLLEGE & TRILBY MULTI-FAMILY COMMUNITY
VAULT VAULT
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MARS DRIVE
ROVER DRIVE
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COLLEGE & TRILBY | MULTI-FAMILY COMMUNITY
PROJECT DEVELOPMENT PLAN
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11,
TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
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Item 9.
A Westrian Company
COLLEGE & TRILBY MULTI-FAMILY COMMUNITY
VAULT VAULT
VAULT
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MARS DRIVE
ROVER DRIVE
MARS DRIVE
NOVA LAN
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Item 9.
A PERMIT MUST BE OBTAINED FROM THE CITY FORESTER BEFORE ANY TREES OR
SHRUBS AS NOTED ON THIS PLAN ARE PLANTED, PRUNED OR REMOVED IN THE PUBLIC
RIGHT-OF-WAY. THIS INCLUDES ZONES BETWEEN THE SIDEWALK AND CURB, MEDIANS
AND OTHER CITY PROPERTY. THIS PERMIT SHALL APPROVE THE LOCATION AND SPECIES
TO BE PLANTED. FAILURE TO OBTAIN THIS PERMIT IS A VIOLATION OF THE CITY OF FORT
COLLINS CODE SUBJECT TO CITATION (SECTION 27-31) AND MAY ALSO RESULT IN
REPLACING OR RELOCATING TREES AND A HOLD ON CERTIFICATE OF OCCUPANCY.
STREET TREE NOTE
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SOLAR COURT
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Item 9.
A PERMIT MUST BE OBTAINED FROM THE CITY FORESTER BEFORE ANY TREES OR
SHRUBS AS NOTED ON THIS PLAN ARE PLANTED, PRUNED OR REMOVED IN THE PUBLIC
RIGHT-OF-WAY. THIS INCLUDES ZONES BETWEEN THE SIDEWALK AND CURB, MEDIANS
AND OTHER CITY PROPERTY. THIS PERMIT SHALL APPROVE THE LOCATION AND SPECIES
TO BE PLANTED. FAILURE TO OBTAIN THIS PERMIT IS A VIOLATION OF THE CITY OF FORT
COLLINS CODE SUBJECT TO CITATION (SECTION 27-31) AND MAY ALSO RESULT IN
REPLACING OR RELOCATING TREES AND A HOLD ON CERTIFICATE OF OCCUPANCY.
STREET TREE NOTE
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SOUTH COLLEGE AVENUE
SOLAR COURT
VAULT VAULT
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Item 9.
A PERMIT MUST BE OBTAINED FROM THE CITY FORESTER BEFORE ANY TREES OR
SHRUBS AS NOTED ON THIS PLAN ARE PLANTED, PRUNED OR REMOVED IN THE PUBLIC
RIGHT-OF-WAY. THIS INCLUDES ZONES BETWEEN THE SIDEWALK AND CURB, MEDIANS
AND OTHER CITY PROPERTY. THIS PERMIT SHALL APPROVE THE LOCATION AND SPECIES
TO BE PLANTED. FAILURE TO OBTAIN THIS PERMIT IS A VIOLATION OF THE CITY OF FORT
COLLINS CODE SUBJECT TO CITATION (SECTION 27-31) AND MAY ALSO RESULT IN
REPLACING OR RELOCATING TREES AND A HOLD ON CERTIFICATE OF OCCUPANCY.
STREET TREE NOTE
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SOLAR COURT
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Item 9.
A PERMIT MUST BE OBTAINED FROM THE CITY FORESTER BEFORE ANY TREES OR
SHRUBS AS NOTED ON THIS PLAN ARE PLANTED, PRUNED OR REMOVED IN THE PUBLIC
RIGHT-OF-WAY. THIS INCLUDES ZONES BETWEEN THE SIDEWALK AND CURB, MEDIANS
AND OTHER CITY PROPERTY. THIS PERMIT SHALL APPROVE THE LOCATION AND SPECIES
TO BE PLANTED. FAILURE TO OBTAIN THIS PERMIT IS A VIOLATION OF THE CITY OF FORT
COLLINS CODE SUBJECT TO CITATION (SECTION 27-31) AND MAY ALSO RESULT IN
REPLACING OR RELOCATING TREES AND A HOLD ON CERTIFICATE OF OCCUPANCY.
STREET TREE NOTE
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SOLAR COURT
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Page 296
Item 9.
A PERMIT MUST BE OBTAINED FROM THE CITY FORESTER BEFORE ANY TREES OR
SHRUBS AS NOTED ON THIS PLAN ARE PLANTED, PRUNED OR REMOVED IN THE PUBLIC
RIGHT-OF-WAY. THIS INCLUDES ZONES BETWEEN THE SIDEWALK AND CURB, MEDIANS
AND OTHER CITY PROPERTY. THIS PERMIT SHALL APPROVE THE LOCATION AND SPECIES
TO BE PLANTED. FAILURE TO OBTAIN THIS PERMIT IS A VIOLATION OF THE CITY OF FORT
COLLINS CODE SUBJECT TO CITATION (SECTION 27-31) AND MAY ALSO RESULT IN
REPLACING OR RELOCATING TREES AND A HOLD ON CERTIFICATE OF OCCUPANCY.
STREET TREE NOTE
A
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SOUTH COLLEGE AVENUE
SOLAR COURT
VAULT VAULT VAULT
VAULTVAULT
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Page 297
Item 9.
A PERMIT MUST BE OBTAINED FROM THE CITY FORESTER BEFORE ANY TREES OR
SHRUBS AS NOTED ON THIS PLAN ARE PLANTED, PRUNED OR REMOVED IN THE PUBLIC
RIGHT-OF-WAY. THIS INCLUDES ZONES BETWEEN THE SIDEWALK AND CURB, MEDIANS
AND OTHER CITY PROPERTY. THIS PERMIT SHALL APPROVE THE LOCATION AND SPECIES
TO BE PLANTED. FAILURE TO OBTAIN THIS PERMIT IS A VIOLATION OF THE CITY OF FORT
COLLINS CODE SUBJECT TO CITATION (SECTION 27-31) AND MAY ALSO RESULT IN
REPLACING OR RELOCATING TREES AND A HOLD ON CERTIFICATE OF OCCUPANCY.
STREET TREE NOTE
A
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SOUTH COLLEGE AVENUE
SOLAR COURT
VAULT
VAULT
VAULT
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1. WITHIN THE DRIP LINE OF ANY PROTECTED EXISTING TREE, THERE SHALL BE NOCUT OR FILL OVER A FOUR-INCH DEPTH UNLESS A QUALIFIED ARBORIST ORFORESTER HAS EVALUATED AND APPROVED THE DISTURBANCE.
2. ALL PROTECTED EXISTING TREES SHALL BE PRUNED TO THE CITY OF FORTCOLLINS FORESTRY DIVISION STANDARDS.
3. DURING THE CONSTRUCTION STAGE OF DEVELOPMENT, THE APPLICANT SHALLPREVENT THE CLEANING OF EQUIPMENT OR MATERIAL OR THE STORAGE ANDDISPOSAL OF WASTE MATERIAL SUCH AS PAINTS, OILS, SOLVENTS, ASPHALT,CONCRETE, MOTOR OIL OR ANY OTHER MATERIAL HARMFUL TO THE LIFE OF ATREE WITHIN THE DRIP LINE OF ANY PROTECTED TREE OR GROUP OF TREES.
4. NO DAMAGING ATTACHMENT, WIRES, SIGNS OR PERMITS MAY BE FASTENED TOANY PROTECTED TREE.
5. LARGE PROPERTY AREAS CONTAINING PROTECTED TREES AND SEPARATEDFROM CONSTRUCTION OR LAND CLEARING AREAS, ROAD RIGHTS-OF-WAY ANDUTILITY EASEMENTS MAY BE "RIBBONED OFF," RATHER THAN ERECTINGPROTECTIVE FENCING AROUND EACH TREE AS REQUIRED IN SUBSECTION (G)(3)ABOVE. THIS MAY BE ACCOMPLISHED BY PLACING METAL T-POST STAKES AMAXIMUM OF FIFTY (50) FEET APART AND TYING RIBBON OR ROPE FROM STAKE TO-STAKEALONG THE OUTSIDE PERIMETERS OF SUCH AREAS BEING CLEARED.
6. THE INSTALLATION OF UTILITIES, IRRIGATION LINES OR ANY UNDERGROUNDFIXTURE REQUIRING EXCAVATION DEEPER THAN SIX (6) INCHES SHALL BEACCOMPLISHED BY BORING UNDER THE ROOT SYSTEM OF PROTECTEDEXISTING TREES AT A MINIMUM DEPTH OF TWENTY-FOUR (24) INCHES. THEAUGER DISTANCE IS ESTABLISHED FROM THE FACE OF THE TREE (OUTER BARK)AND IS SCALED FROM TREE DIAMETER AT BREAST HEIGHT AS DESCRIBED IN THECHART BELOW. LOW PRESSURE HYDRO EXCAVATING AT DEPTHS OF TWENTY-FOUR (24) INCHES OR LESS. REFER TO THE CRITICAL ROOT ZONE (CRZ) DIAGRAM, FIGURE 2, FOR ROOTPROTECTION GUIDELINES. THE CRZ SHALL BE INCORPORATED INTO AND SHOWN ONDEVELOPMENT PLAN FOR ALL EXISTING TREES TO BE PRESERVED.
P F G D
A PERMIT MUST BE OBTAINED FROM THE CITY FORESTER BEFORE ANY TREES OR
SHRUBS AS NOTED ON THIS PLAN ARE PLANTED, PRUNED OR REMOVED IN THE PUBLIC
RIGHT-OF-WAY. THIS INCLUDES ZONES BETWEEN THE SIDEWALK AND CURB, MEDIANS
AND OTHER CITY PROPERTY. THIS PERMIT SHALL APPROVE THE LOCATION AND SPECIES
TO BE PLANTED. FAILURE TO OBTAIN THIS PERMIT IS A VIOLATION OF THE CITY OF FORT
COLLINS CODE SUBJECT TO CITATION (SECTION 27-31) AND MAY ALSO RESULT IN
REPLACING OR RELOCATING TREES AND A HOLD ON CERTIFICATE OF OCCUPANCY.
STREET TREE NOTE”
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1
David Howell
To:Clark Mapes
Subject:FW: Request for Modification of Standard for Building Footprint Variation
From: Dana Ashoori <DAshoori@goddensudik.com>
Sent: Wednesday, July 17, 2024 5:11 PM
To: Clark Mapes <CMAPES@fcgov.com>; Kenneth Merritt <kmerritt@jrengineering.com>
Cc: Kolby O’Herron <kolby.oherron@zocalodevelopment.com>; Chris Walla <CWalla@goddensudik.com>
Subject: [EXTERNAL] Re: Request for Modification of Standard Building Footprint Variation – Section 3.5.2(C)
This Land Use Code subsection 3.5.2(C) requires variation among townhome buildings with more than 2 units,
with at least 3 distinctly different building designs including significant variation in footprint size and shape. The
standard requires that no two buildings with the same design can be placed next to each other in the plan.
A modification is requested for 3-plex and 4-plex buildings with the same footprint size and shape to be placed
next to each other in a number of locations in the plan. These buildings present different designs in all other
respects.
Justification:
The whole plan with 85 buildings has wide variation throughout. There are (3) townhome types (Series A, B,
and C), and B and C have (3) sizes (2, 3 & 4-plex), which provide a total of (7) types. Then (2) elevation
styles are applied to each of those, which equals 14 different building designs. Furthermore, there are 4
color schemes that can add more variation on top of these 14 designs.
Where the same footprints are placed next to each other, different building designs include entrances and
porches, varied roof forms, projecting and recessed features, and residential siding in lap and board-and-
batten patterns.
This extensive variation will be presented in detail at the hearing.
Best,
Dana Ashoori
Project Manager
Godden | Sudik
A R C H I T E C T S
SEE WHAT COULD BE
Single Family | Multi-Family | Custom Remodel
ph. 303.455.4437
goddensudik.com
Page 327
Item 9.
1
David Howell
From:Kenneth Merritt <kmerritt@jrengineering.com>
Sent:Wednesday, July 17, 2024 2:48 PM
To:Clark Mapes
Cc:Kolby O’Herron; Dana Ashoori; Chris Walla
Subject:[EXTERNAL] Request for Modification of Standard for Street-Facing Facade
Hi Clark.
Below is JR Planners & Engineers request for a Modification of Standard for Street-Facing Façade. Please
review and let me know if there is any further information you may need.
Thank you for your assistance in this matter!
Ken
Modification of a Standard for Street-Facing Facades – 3.5.2(D)(2)
This standard requires that buildings with 4 or more dwelling units must have a doorway facing adjacent
neighborhood streets (could be secondary patio doors.) The intent is to avoid impersonal blank ends of multi-
unit buildings, often with only utility meters as the most prominent feature, along neighborhood streets. A
doorway indicates the presence of people as an animating architectural feature.
One such building has one end facing Rover Drive without a doorway.
Summary of applicant justification:
The applicants’ modification request is attached. It explains why the request is not detrimental to the public
good; and meets criterion (4) “nominal and inconsequential from the perspective of the whole plan”:
This is one such occurrence out of 85 buildings. The interior of the building is a garage partly below grade,
with the grade in the side yard sloping down along the building wall such that a doorway would be non-
functional. The visual impact is mitigated by being located on a curve, and by two trees in the foreground
closer to the sidewalk.
Thank you for your consideration of this Request of Modification for Street-Facing Facades and we look forward to you
review and possible approval.
Sincerely,
Ken Merritt
Ken Merritt, APA, RLA
Director of Planning
JR Engineering, LLC
2900 South College Avenue, Suite 3D
Fort Collins, Colorado 80525
Cell: 970-305-6754
Kmerritt@jrengineering.com
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Item 9.
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Item 9.
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Item 9.
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Page 357
Item 9.
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Item 9.
A Westrian Company
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Page 361
Item 9.
A Westrian Company
ZOCALO AT TRILBY ROAD & COLLEGE AVENUE
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M.
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Page 362
Item 9.
A Westrian Company
ZOCALO AT TRILBY ROAD & COLLEGE AVENUE
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
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Item 9.
Ecological Characterization Study
College and Trilby Multi-Family Community
(JR Engineering, LLC)
City of Fort Collins
Larimer County, CO
Prepared For: Kenneth Merrit, APA, RLA
JR Engineering, LLC.
2900 S. College Avenue, Suite 3D
Fort Collins, Colorado 80525
Prepared By: John Whiteman
AloTerra Restoration Services
320 E. Vine Drive, Suite 314
Fort Collins, CO 80524
_____________________ ______________
John Whiteman Date
Restoration Ecologist
AloTerra Restoration Services
757-506-8117
jwhiteman@aloterraservices.com
04/30/2024
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Item 9.
Table of Contents
................................................................................................................................................. 3
PROJECT DESCRIPTION ................................................................................................................................... 3
PROPERTY LOCATION ...................................................................................................................................... 3
STUDY METHODS .............................................................................................................................................. 4
RESULTS ................................................................................................................................................................ 5
Site Description ............................................................................................................................................................................. 5
Existing Infrastructure .................................................................................................................................................................... 8
Topography ................................................................................................................................................................................... 8
Natural Habitats and Features with Significant Ecological Value ....................................................................................................... 8
Natural Habitats and Plant Communities ......................................................................................................................................... 9
Proximity to Designated Natural Areas ......................................................................................................................................... 11
WILDLIFE (SEE APPENDIX C FOR FULL REPORT) ..................................................................................... 11
Federally Threatened, Endangered, and Proposed Species ............................................................................................................ 11
Rare Plants ............................................................................................................................................................................................ 12
Sensitive Species .......................................................................................................................................................................... 12
Other Wildlife ............................................................................................................................................................................. 13
NATURAL HABITAT BUFFER ZONE (NHBZ) DESIGN AND RECOMMENDATIONS ........................... 14
Forestry Mitigation ...................................................................................................................................................................... 14
Noxious Weeds ............................................................................................................................................................................ 15
Wetland, Riparian, and Upland Enhancement ................................................................................................................................ 15
Development Activities ................................................................................................................................................................ 16
Prairie Dog Mitigation .................................................................................................................................................................. 16
SUMMARY ........................................................................................................................................................... 17
LITERATURE CITATED .................................................................................................................................... 17
APPENDIX A: WETLAND DELINEATION FIELD FORMS .......................................................................... 19
APPENDIX B: WETLAND DELINEATION PHOTOS ................................................................................... 20
APPENDIX C: WILDLIFE REVIEW .................................................................................................................. 26
APPENDIX D: DRAFT 30% DESIGN FOR WETLAND MITIGATION AND ............................................... 27
NATURAL HABITAT BUFFER ZONE .............................................................................................................. 27
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Ecological Characterization Study, College and Trilby Page 3
Introduction
This report constitutes the Ecological Characterization Study (ECS) required for the proposed development of College
and Trilby Multi-Family Community within the General Commercial (CG) zone district in the City of Fort Collins. This ECS
report is provided in association with a conceptual design (Appendix D) for the 50’ Natural Habitat Buffer Zone (NHBZ)
and wetland mitigation required for this development. This ECS was completed by AloTerra Restoration Services to
address requirements set forth in Article 3, section 3.4.1 of the City of Fort Collins Land Use Code.
Project Description
The College and Trilby Multi-Family Community (the Project) includes the development of 252 dwelling units, with 38
duplex units, 202 two to three-story single-family townhomes, a dog park, and a community center (Figure 1). Most
recently, this site was used to graze horses and cattle. Several species of mature trees exist on site, including both native
and introduced species, that provide corridor habitat for a variety of wildlife, which will need to be included in
mitigation efforts.
Figure 1. Property map showing conceptual site plan developed by JR Engineering.
Property Location
The approximately 39.18-acre property is located within the City of Fort Collins, Larimer County, Colorado. The northern
border of the property is bordered by Skyway Drive and the Storage Star Facility, Highway 287 borders the eastern part
of the property, to the south West Trilby Road, and to the west Foothills Gateway Inc. and the Skyview South subdivision
(Figure 2). The southeastern corner of the property is also bordered by Ziggis Coffee and Waypoint Church.
The center of the property lies approximately at 40.498552 N and -105.079374 W.
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Ecological Characterization Study, College and Trilby Page 4
Figure 2. Project location.
Study Methods
In fulfillment of the ECS requirements set forth in Article 3, section 3.4.1 of the City of Fort Collins Land Use Code,
AloTerra staff acquired desktop data and conducted field surveys in support of our characterization of existing ecological
and wildlife conditions, as well as other natural features occurring on the site.
Ecological Field Assessment: Week of April 18th, 2022; April 2, 2024
Wildlife Field Review: April 20th, 2022
Desktop analysis included reviews and interpretations of aerial imagery, assessment of regional drainage patterns, IPAC
database review (USFWS), groundwater conditions, and location of nearby natural areas. Field assessments included
qualitative rapid assessments of native plant communities, weed populations, wetland and riparian areas, wildlife
habitat conditions, and indicators of current wildlife occupation. In addition, a formal wetland delineation was
performed (Appendices A and B). The rapid assessment of vegetation was performed to compile a list of dominant and
co-dominant species, and species present in each community at a lower cover. For the purposes of this study, a plant
was considered dominant or co-dominant if it’s relative cover is greater than approximately 20%. Due to the timing of
the vegetation survey, there may be several species present on site that, due to their phenological stage, were not
readily observable at the time of this survey. However, based on general disturbed site conditions, and the presence of
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above ground features of the dominant species that are present, we are confident that this survey captured the species
that together represent at least 90% of the above ground biomass of the site.
Results
The results of the field and desktop assessments are described below, with the associated natural features represented
in Figure 3. Approximately 99% of the project site is characterized as disturbed upland, with less than 1% of the site
comprised of wetland and riparian communities in a degraded state or dominated by understories of exotic plants.
Figure 3. Mapped natural features within Project boundary.
Site Description
From a historical perspective, prior to modern development, we believe the project site to have been dominated by
short-grass prairie within the Northwestern Great Plains ecoregion (level III ecoregion). The Project site previously had
forested/shrub riparian, palustrine emergent wetlands, and riverine wetland features (Figure 4); however, the previous
landowner eliminated these areas from unknown land use practices. The City of Fort Collins is not requiring mitigation
for the lost forested/shrub riparian and freshwater emergent wetland areas.
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Figure 4. Historic wetlands from the National Wetlands Inventory within the Project boundary.
Currently, the upland areas are dominated by non-native weeds and soils that have been continually disturbed (Figure 5,
Table 1). The wetland and associated riparian areas are of low native species diversity, low community complexity, and
low structural diversity. Several mature cottonwood trees exist on site, along with Russian olive and Siberian elm. While
structural and biological diversity is low, this area is still an important corridor habitat for a variety of wildlife (Appendix
C).
Soils are generally loam, clay loam, and clay (Table 1). The greatest habitat features include the wetland community and
mature trees that exist on site.
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Figure 5. Existing soil types within the Project boundary.
Table 1. Soil type descriptions (data from USGS Web Soil Survey).
Soil Type Slope Profile Parent Material
Fort Collins
Loam
(1.3 ac)
4-9”: Clay loam
9-16”: Clay loam
16-29”: Loam
alluvium/eolian deposits drained
Loam
(0.6 ac)
5-8”: Clay loam
8-18”: Clay loam
18-24”: Loam
alluvium/eolian deposits drained
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Ecological Characterization Study, College and Trilby Page 8
Soil Type Slope Profile Parent Material
(19.6 ac)
Longmont Clay
(4.5 ac)
63 0-3% 0-60”: Clay Clayey alluvium derived
from shale
Poorly
drained
>80” No
Midway Clay
Loam
(0.53 ac)
25% 4-19”: Clay
19-23”:
Weathered
shale drained
(0.03 ac) 6-15”: Silt loam drained
Existing Infrastructure
Existing infrastructure predominately includes culverts, fencing, and retention ponds outside of the property
boundaries. Other existing infrastructure can be found in the JR Engineering plan set.
Topography
The Project site is generally flat, with a maximum slope of approximately 6%. Proposed topography would range from
4% to 10%, draining west to east.
Natural Habitats and Features with Significant Ecological Value
In this section we provide a checklist of required features as outlined in the ECS. No significant native plant communities
were documented on the site apart from wetland vegetation and mature cottonwood trees. The plant cover in the
remainder of the site is dominated by non-native species with low structural and biological diversity.
Natural Communities or Habitats
Aquatic: no; Wetland and wet meadow: yes; Native grassland: no;
Riparian forest: no; Urban plains forest: no; Riparian shrubland: no; Foothills forest: no;
Foothills shrubland: no
Special Features (enter yes/no, indicate on map, and describe details below):
Significant remnants of native plant communities: no.
Based on field conditions and analysis of aerial imagery, it is apparent no significant remnant native plant
communities exist on site.
Areas of significant geological or paleontological interest: not likely.
A cultural and historical resources survey was not conducted as part of this assessment. However, based on the
history of the site, it is unlikely the site harbors significant cultural or historical resources.
Any prominent views from or across the site? no.
No significant views can be seen, as much of the site is surrounded by urban developments.
The pattern, species and location of any significant native trees and other native site vegetation.
The only significant native vegetation occurring on the Project site includes small patches of coyote willow (Salix
exigua) and baltic rush (Juncus balticus), and several mature cottonwood trees.
Pattern, species, and location of any significant non-native trees.
Russian olive (Eleaganus angustifolia) and Siberian elm (Ulmus pumila) trees can be found throughout the property.
Special habitat features
The special habitat features on the project site include the wetlands; however, the quality of these wetlands are of
moderate to poor condition and function.
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Natural Habitats and Plant Communities
The subsections below outline the conditions of native habitats existing on site: wetlands, disturbed uplands, and ditch
communities. Refer to Figure 3 for locations of these features.
Wetland Communities
AloTerra performed a formal wetland delineation on site (Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Great Plains Region, Version 2.0, U.S. Army Corps of Engineers March 2010) and a review of
other aquatic features such as ponds and streams. Two wetland types were identified: palustrine scrub shrub and
palustrine emergent. There were no Original High-Water Mark (OHWM) indicators within the ditch communities
onsite, therefore an OHWM survey was not performed.
Palustrine Scrub Shrub
Dominant & Co-Dominant Species
Coyote willow (Salix exigua), canary reedgrass (Phalaris arundinaceae), common mint (Mentha arvensis), teasel
(Dipsacus laciniatus), milkweed (Asclepias speciosa), unknown Poa spp were dominant across this community at
time of sampling.
Palustrine Emergent
Dominant & Co-Dominant Species
Canary reedgrass (Phalaris arundinaceae) and Baltic rush (Juncus balticus) were dominant across this community at
time of sampling.
Disturbed Upland Plant Communities
Description
Upland areas within the project area are highly disturbed and predominately vegetated by non-native flora. While
many species overlapped, topography of these two areas is mainly what differentiated them, as the upper disturbed
community was perched above the rest of the property.
Lower
Dominant & Co-Dominant Species
Smooth brome (Bromus inermis), cheatgrass (Bromus tectorum), thistle (Cirsium arvense), teasel (Dipsacus
laciniatus), prickly lettuce (Lactuca serriola), crested wheatgrass (Agropyron cristatum), musk thistle (Carduus
nutans), kochia (Kochia spp.), and bindweed (Convovulus arvensis) were dominant across this community at time of
sampling.
Upper
Dominant & Co-Dominant Species
Musk thistle (Carduus nutans), Russian thistle (Salsola collina), Russian olive (Eleaganus angustifolia), mullein
(Verbascum thapsus), Siberian elm (Ulmus pumila), kochia (Kochia spp.), bindweed (Convovulus arvensis),
nightshade (Solanum spp.), burdock (Arctium lappa), horsetail (Conyza canadensis), rabbitbrush (Ericameria
nauseosa), hoary tansy aster (Machaeranthera canescens), smooth brome (Bromus inermis), cheatgrass (Bromus
tectorum), curly dock (Rumex crispus), alfalfa (Medicago sativa), knapweed (Centaurea spp.), and baltic rush (Juncus
balticus) were dominant across this community at time of sampling.
Ditch Communities
Description
There are three ditch communities on site: ash, cottonwood, and the remnant upland ditch. All three ditch
communities were once connected by the irrigation ditch that ran north to south on the property (Figure 4).
However, likely from the previous owner’s land use practices, the irrigation ditch has been dissected into three
communities that are distinct based on canopy cover.
Ash
Dominant & Co-Dominant Species
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Ecological Characterization Study, College and Trilby Page 10
Ash (Fraxinus spp.), curly dock (Rumex crispus), smooth brome (Bromus inermis), teasel (Dipsacus laciniatus),
unknown forbsand cheatgrass (Bromus tectorum) were dominant across this community at time of sampling.
Cottonwood
Dominant & Co-Dominant Species
Cottonwood (Populus deltoides), curly dock (Rumex crispus), smooth brome (Bromus inermis), unknown forbs, and
cheatgrass (Bromus tectorum) were dominant across this community at time of sampling.
Remnant Upland
Dominant & Co-Dominant Species
Curly dock (Rumex crispus), smooth brome (Bromus inermis), unknown forbs, and cheatgrass (Bromus tectorum)
were dominant across this community at time of sampling.
Figure 6. Mitigation areas.
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Table 2. Mitigation required based on City of Fort Collins Land Use Code
Mitigation Type Buffer Requirement
(feet)
Habitat Area
(acres)
Buffer Area
(acres) Area (acres)
2.27 3.5
50’ 0.001 0.12 0.121
50’ 0.68 5.15 5.83
The Project property is 0.41 miles east of Hazaleus Natural Area, 0.2 miles west of Prairie Dog Meadow Natural Area,
and 0.28 miles south of Redtail Grove Natural Area.
Wildlife (see Appendix C for full report)
Federally Threatened, Endangered, and Proposed Species
On April 25, 2022 an official species list was documented by U.S Fish and Wildlife
Service’s Information for Planning and Consultation IPAC: http://ecos.fws.gov/ipac/ was obtained by using known ranges
of federally listed species in The Project area. A list was also unofficially obtained from the 2016 Colorado Natural
Heritage Program database by looking at known sightings of sensitive species near Kingfisher Wetland project area. On
April 30, 2022 an AloTerra Restoration Services field technician conducted a site visit in order to assess suitable habitat
for known listed and sensitive animal species.
Table 3 lists provides a record of the Federally listed species that could occur within the area of the proposed project
(39.1 acres). The table includes (a) the common name of the species (b) the scientific name of the species (c) the status
of the species in question (d) whether the species should be excluded and (e) the reasoning why the species should be
excluded.
The reasoning of excluding species from the list of concerned species is given based off a variety of reasons including:
1) No suitable habitat was found during site visit, The range of the species in is such that the species is highly
unlikely to not known near occur within the Project site;
2) No suitable habitat was found during the site review; and/or
3) No records for the species exist within the Project site.
Table 3. Federally listed terrestrial and aquatic species that may occur or be affected by actions within the Project.
Common Name Species Status Species
Excluded Reason for Exclusion
Mammals
Zapus hudsonius preblei Threatened No
Lynx canadensis
Birds
Mexican spotted owl Strix occidentalis lucida Threatened Yes
Whooping crane Grus americana Endangered Yes
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Ecological Characterization Study, College and Trilby Page 12
Common Name Species Status Species
Excluded Reason for Exclusion
Least tern Sterna antillarum Endangered
Piping plover Charadrius melodus Threatened
Fish
Scaphirhynchus albus
Oncorhynchus clarkii stomias
Plants
Gaura neomexicana var.
coloradensis
Spiranthes diluvialis
Plantanthera praeclara
Phacelia formosula
IPAC
*There are no federally designated critical habitats within the Project area.
Rare Plants
The rare plant survey resulted in no evidence of Ute ladies’-tresses (Spiranthes diluvialis) or Colorado butterfly plant
(Gaura neomexicana var. coloradenesis) in the project area.
Sensitive Species
The sensitive species list is derived from the U.S. Forest Service (https://www.fs.usda.gov) and Colorado Parks and
Wildlife data on present sensitive species ranges and distributions (USFS, 2005). The Regional Forester’s sensitive list is
evaluated by examining viable risk of species; these species are categorized as R2 sensitive, not R2 sensitive, or, not a
concern. Suitable habitat was also determined by a site visit conducted by AloTerra Restoration Services on November
01, 2021. Under the Migratory Bird Treaty Act of 1918 and the Bald and Golden Eagle Protection Act no activity that
“takes, transports, barters, or exports the listed migratory birds or eagles is permissible unless it is sanctioned by the
U.S. Fish and Wildlife Service. The sensitive species list includes migratory birds that could use The Project area as a
breeding, over-wintering, or stopover site.
The species found in Table 4 below are compiled from lists of at-risk species that have potential habitat or occurrence in
the Project area, specifically in the vicinity of the documented wetland. The table is organized as followed: (a) The
common name of the species, (b) The scientific name of the species, (c) The status of the species in question, (d)
Whether or not the species should be excluded, and (e) The reasons why the species should be excluded.
Table 4. Federally listed terrestrial and aquatic species that may occur or be affected by the actions within the Project.
Common name Species Status Reasons for exclusion
Mammals
Fringed myotis Myotis thysanodes Forest Service
Sensitive pine
Corynorhinus
townsendii
Cynomys ludovicianus
dog (Ocynomys leucurus)
Sensitive Project site
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Ecological Characterization Study, College and Trilby Page 13
Common name Species Status Reasons for exclusion
Kit fox Vulpes macrotis Forest Service
Sensitive Yes Range does not overlap with project
site
Swift fox Vulpes velox Forest Service
Sensitive No No detection during survey
Birds
Bald eagle Haliaeetus
leucocephalus Forest Service
Sensitive No No detection during survey
Cassin’s sparrow Aimophila cassinii
Tringa flavipes
Concern site
Athene cunicularia
Cypseloides niger
longspur Calcarius ornatus
Sensitive species range
Antigone canadensis
Sensitive project site
Circus cyaneus
Buteo swainsoni
Concern
Ammodramus
savannarum Sensitive area requirements
Fish
Hybognathus plactius
Fundulus sciadicus
Catostomus latipinnis
Sensitive project site
Amphibians
Lithobates pipiens
Plains leopard frog Lithobates blairi
the Mountain-Prairie Region updated 2017.
Migratory bird list was sourced from USFWS Birds of Conservation Concern
Other Wildlife
As previously discussed in the sections on Threatened, Endangered, and Proposed Species and Sensitive Species of
Concern, the proposed project should minimally impact populations of species that have ranges that do or may
potentially overlap with the Project area.
During the site visit two active raptor nests were found (Figure 7). A great-horned owl (Bubo virginianus) nest was
located in an old-growth cottonwood tree on the northeast corner of the property. One adult and one fledgling were
seen on the nest. In the southwest corner, also in an old-growth cottonwood, an adult red-tailed hawk (Buteo
jamaicensis) was seen brooding in the nest and a second adult was perched nearby. The nest was heavily guarded by the
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Ecological Characterization Study, College and Trilby Page 14
adults from raiding crows. The property also has a large, active black-tailed prairie dog colony that occupies well over
three quarters of the property, with 2,016 active burrows documented (Figure 7). The extent of the prairie dog colony
extends to the west in the areas seen in Figure 7. There were no signs of swift fox dens nor were there any burrowing
owls observed. Two killdeers (Charadrius vociferus) were seen foraging and may be nesting as well. Other common birds
such as American robin (Turdus migratorius), northern flicker (Colaptes auratus), Eurasian collared-dove (Streptopelia
decaocto), and Say’s phoebe (Sayornis saya) were observed flying through the area.
Figure 7. Locations of red-tailed hawk and great horned owl nests, as well as extents of black-tailed prairie dog colony.
Natural Habitat Buffer Zone (NHBZ) Design and Recommendations
AloTerra’s concept design for wetland mitigation and NHBZ (Appendix D) would result in significant ecological uplift of
wetland, riparian, and upland areas, providing potential habitat for a great variety of wildlife, including those species
listed in Tables 3 and 4 of this report.
Forestry Mitigation
A formal forestry survey was conducted on April 13, 2022 by Christine Holtz with the City of Fort Collins. Tree mitigation
will include 27.5 trees (Table 5).
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Item 9.
Ecological Characterization Study, College and Trilby Page 15
Table 5. Tree mitigation list documented by City of Fort Collins Forestry Department.
# Species Stems DBH (inches) Condition Forestry Mitigation
1
2 Russian olive 9 and 8 fair minus 1.5
3 Russian olive 3 7 - 8 fair 1.5
4 Siberian elm 26 fair minus 2
5 Siberian elm 6 and 9 fair minus 1.5
6 Siberian elm dead 0
7 Siberian elm dead 0
8 Siberian elm 7 dead 0
9 Cottonwood 11 and 8 poor 2
10 Ash (cloud) 50 fair 2
11 Cottonwood 29 and 19 poor 3
12 Cottonwood 18 poor 2
13 Cottonwood 36 fair minus 2.5
14 Cottonwood 30 fair minus 3
15 Cottonwood 8 14 - 26 poor 5
Total: 27.5
Noxious Weeds
A preliminary weed (non-native plants) list is provided in the above site plant community sections above. Of the weeds
present, those species of greatest management concern include smooth brome (Bromus inermis), Canada thistle
(Cirsium arvense), teasel (Dipsacus laciniatus), (and reed canary grass (Phalaris arundinaceae). These species are difficult
to eradicate without intensive chemical treatment methods due to their perennial growth habits.
Wetland, Riparian, and Upland Enhancement
Wetland mitigation and NHBZ designs will include native seed mixes with wetland, riparian, and upland mixes (see
Appendix D for preliminary plant lists). All seed mixes will combine grass, grass-like species, and flowering forbs to
attract pollinators. Species lists are designed to fill all ecological niches so that there is minimal chance of noxious weed
intrusion. This also allows for restoration of soil through different rooting patterns and zones.
Native container plants throughout the wetland mitigation and NHBZ areas are also recommended to increase the
amount of diversity within the Project area. Examples include bulrushes and sedges for the wetland and riparian areas,
and fruiting shrubs and small trees for the upland areas.
To build upon the sustainability goals of AloTerra, the City of Fort Collins, and College and Trilby, we encourage using as
many on-site materials as possible, to minimize the fuel consumption, carbon emissions, and other impacts associated
with materials import. This includes, but not limited to, using existing downed trees as features throughout the NHBZ,
which can provide diverse habitat for wildlife throughout the corridor, and act as natural benches for visitors. Excavated
soil in the wetland mitigation and NHBZ areas can be used as on-site fill for development purposes, to reduce the need
to import fill to the site.
Formal wetland delineation forms (Appendix A) and an Approved Jurisdictional Determination have been submitted to
USACE, with the understanding that because of the isolated nature of the two wetlands onsite, they will not be
Page 378
Item 9.
Ecological Characterization Study, College and Trilby Page 16
considered Water’s of the US (WOTUS) and will not require any further permitting or mitigation under USACE. However,
wetland mitigation will be required by the City of Fort Collins.
AloTerra proposes a wetland design that increases diversity and ecological function. This would be achieved by
excavating and grading the wetland to attain a greater variety of hydrologic conditions. Topography should be designed
to support emergent, mesic meadow, and facultative wetland species, which will transition to riparian habitats where
willows and mesoriparian/xeroriparian shrubs can be planted (Figure 8).
Figure 8. Example wetland cross section.
Development Activities
The project is currently in the Preliminary Development Plan phase. Construction should avoid impacting important
suitable habitat for sensitive or endangered species. In order to minimally impact sensitive or migratory bird
populations, it is important to avoid impacting any potential nesting sites (cottonwood trees or thick vegetation on the
surface). During construction, Colorado Park and Wildlife Regulations pertaining to red-tailed hawks should be followed.
Prairie Dog Mitigation
As directed by the City of Fort Collins, the black-tailed prairie dog population will need to be mitigated before
construction begins. Follow up surveys must take place to ensure proper mitigation. A plan must be created and
implemented adhering to one of the following options included in the Land Use Code Requirements (Land Use Code
Section 3.4.1). Since this site is greater than one acre, and development activities require the removal of prairie dogs,
mitigation must occur due to lost ecological value. Options can be viewed on the Flow Chart following Land Use Code
Requirements. Mitigation might consist of several methods.
Geographic location and “Areas of Concern” (Off-site continuation of prairie dog colony) can be viewed on Figure 7. Due
to development activities and the establishment of the NHBZ on the western border, all areas of concern must be
mitigated to ensure the NHBZ is not impacted by future prairie dog “re-intrusion”.
A payment in lieu can be made to the City of Fort Collins to mitigate for prairie dogs by 1) Trap, Euthanize, and Donate;
2) Live Relocation; or 3) Fumigation-Carbon Monoxide. Pricing will be negotiated with the City of Fort Collins Natural
Areas, depending on contractor and site-specific conditions. Recommended by the City of Fort Collins is Active
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Item 9.
Ecological Characterization Study, College and Trilby Page 17
Relocation, followed by Trap, Euthanize, and Donate; so that other species recovery programs can benefit. Ethically
euthanized black-tailed prairie dogs may be donated to the Rocky Mountain Raptor Center or The National Black-Footed
Ferret Conservation Center (NBFFCC), but strict guidelines must be followed. Detailed information on the Raptor Center
can be obtained by contacting the Rocky Mountain Raptor Center at 970-484-7756 or info@rmrp.org. Information on
the NBFFCC can be found by contacting one of the following personnel:
Issues regarding the timing of development-related activities stemming from the ecological character of the area.
Because there are active raptor nests within the Project boundary, CPW regulations for red-tailed hawks must be
followed during construction. A 450’ buffer around the nesting site must be shown on design plans with a note that no
construction within the buffer may occur within the first year of development.
Measures needed to mitigate projected adverse impacts of development on natural habitats and features.
During construction there should be setbacks, silt fence, and erosion control to help mitigate any adverse impacts to
existing wetland and riparian features that will remain on site.
Summary
In summary, while the overall quality and diversity of this site is low, it still provides important corridor habitat to
wildlife, which should be maintained. However, we believe that the proposed development would have minimal impact
to sensitive or rare wildlife or plants, natural features, and other important ecological functions and conservation
elements in the region. Additionally, the proposed wetland mitigation and NHBZ would create overall ecological uplift of
the site and enhance the quality of plant communities and connectivity of habitat for wildlife by establishing multiple
plant community types with varying structural and functional diversity.
Literature Citated
Bechard, M.J., Houston, C.S., Sarasola, J.H., and England, A.S., (2010). Sw’inson's
Hawk (Buteo swainsoni), In: The Birds of North America (Rodewald, P. G., [Ed.]), Ithaca: Cornell Lab of
Ornithology; Retrieved from the Birds of North America: https://birdsna.org/Species-
Account/bna/species/swahaw.
City of Fort Collins Natural Areas Department. 2017. Fossil Creek Natural Areas Management Plan. Retrieved from:
https://www.fcgov.com/naturalareas/pdf/fc-plan-draft17.pdf?1495234374
Colorado Parks and Wildlife (CPW), (2005). Leopard Frogs: Assessing Habitat Quality for Wildlife Species in Colorado
Wetlands. Retrieved from
https://cpw.state.co.us/Documents/LandWater/WetlandsProgram/PrioritySpecies/Factsheet-and-Habitat-
Scorecard_LeopardFrogs.pdf.
Colorado Parks and Wildlife (CPW), (n.d.) Species Profiles. Retrieved from
http://cpw.state.co.us/learn/Pages/SpeciesProfiles.aspx
Marks, R., Paul, R., Rewa, C., and Peak, M., (2005). Swift Fox (Vulpes velox) Wildlife
Habitat Council and Natural Resources Conservation Service. Retrieved from
https://cpw.state.co.us/Documents/WildlifeSpecies/Grasslands/SwiftFox.pdf
Swenson, J. E., K. L. Alt, and R. L. Eng. 1986. Ecology of bald eagles in the Greater
Page 380
Item 9.
Ecological Characterization Study, College and Trilby Page 18
Yellowstone Ecosystem. Wildl. Monogr. 95: 1 -46.
Slater, G.L. and Rock, C., (2005). Northern Harrier (Circus cyaneus): A
Technical Conservation Assessment. USDA Forest Service, Rocky Mountain Region. Retrieved from
https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5182007.pdf
U.S. Fish and Wildlife Service. 2005. Critical Habitat: Preble’s Meadow Jumping
Mouse. USFWS Mountain-Prairie Region Endangered Species Program.
http://mountainprairie.fw18reblepreble/CRITICAL_HABITAT/CRITIALHABITATindex.htm
U.S. Fish and Wildlife Service. 2013. Digest of Federal Resource Laws of Interest to
the U.S. Fish and Wildlife Service. Migratory Bird Treaty Act of 1918. Division of Congressional and Legislative
Affairs. https://www.fws.gov/laws/lawsdigest/migtrea.html
U.S. Fish and Wildlife Service. 2010. Endangered and Threatened Wildlife and
Plants; Revised Critical Habitat for the Preble’s Meadow Jumping Mouse (Zapus hudsonius preblei) in Colorado.
4310-55-S
U.S. Fish and Wildlife Service. 2013. Frequently Asked Questions and Recommended
Conservation Measures to Avoid and Minimize Impacts to the Preble’s Meadow Jumping Mouse (Zapus
hudsonius preblei), the Ute Ladies’-tresses Orchid (Spiranthes diluvialis), and the Colorado butterfly plant (Guara
neomexicana ssp. coloradensis) from Emergency Flood Response Activities Along Streams, Rivers, or
Transportation Corridors in Colorado. U.S. Fish and Wildlife Service Colorado Ecological Services Field
Office. September 24, 2013.
U.S. Forest Service (USFS), (2015). Sensitive Species List: Rocky Mountain Region.
http://www.fs.usda.gov/detail/r2/landmanagement/?cid=stelprdb5390116
Woodbridge, B., (1998). Sw’inson's Hawk (Buteo swainsoni). In: The Riparian Bird
Conservation Plan: A Strategy for Reversing the Decline of Riparian-associated Birds in California. California
Partners in Flight. Retrieved from http://www.prbo.org/calpif/htmldocs/riparian_v-2.html
Page 381
Item 9.
Appendix A: Wetland Delineation Field Forms
Page 382
Item 9.
DATA FORM
ROUTINE WETLAND DETERMINATION
(May 2010 Regional Supplement to 1987 Wetlands Delineation Manual: Western Mountains, Valleys, and Coastal Regions, Version 2.0)
Project/Site: Core Spaces City/County: Fort Collins/Larimer Sampling Date: 04/15/2022
Applicant/Owner: AloTerra/Private Land Owner State: CO Sampling Point: SP3
Investigator (s): Sarah Smith Section/Township/Range:
Landform (Hillslope, Terrace, etc.): Local Relief: Concave Slope (%): 1%
Subregion (LRR): Lat: Lon: Datum:
Soil Map Unit Name: NWI Classification: PEM
Are climatic / hydrologic conditions on the site typical for this time of year? Yes
Are Vegetation Yes ; Soil, No; or Hydrology No; significantly disturbed? Are “Normal Circumstances” present? Yes
Are Vegetation No; Soil, No; or Hydrology No: naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS – Include a map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present: Y Is the sampled area within a wetland: Y
Hydric Soil Present: Y
Wetland Hydrology Present: Y
Remarks: Area is dominated by canary reedgrass. Landscape is a bowl like shape where uplands to the north, south, and
west drain to. Culvert at the eastern side of wetland that drains under HWY 287.
VEGETATION (USE SCIENTIFIC NAMES)
Tree Stratum (Plot Size: 25 sq. m.) Absolute Dominant Indicator Dominance Test Worksheet
% Cover Species? Status Number of dominant species
1. that are OBL, FACW, or FAC: 1 (A)
2.
3. Total no. of dominant
4. species across all strata: 1 (B)
5.
= Total Cover Percent of Dominant spp.
That are OBL, FACW, or FAC: 100% (A/B)
Shrub Stratum (Plot Size: 9 sq. m.) Absolute Dominant Indicator
% Cover Species? Status
1. Salix exigua 7 No OBL Prevalence Index Worksheet
2. Total % Cover of: Multiply by:
3. OBL spp: xx x1 =
4. FACW spp: 100 x2 =200
5. FAC spp: xx x3 =
7 = % Total Shrub Cover FACU spp: xx x4 =
UPL spp: xx x5 =
Column totals: (A)100 (B)200
Prevalence Index (B/A) = 2
Page 383
Item 9.
Herb Stratum (Plot Size: 1.0 sq. m.) Absolute Dominant Indicator Hydrophytic Vegetation Indicators:
% Cover Species? Status ____ 1. Rapid test for hydrophytic vegetation
1. Phalari 100 Yes FACW _X__ 2. Dominance test is > 50%
2. _X__ 3. Prevalence index is < 3.01
3. ____ 4. Morphological adaptations1 (provide
4. Supporting data in remarks or attach)
5. ____ 5. Wetland non-vascular plants1
6. ____ Problematic Hydrophytic Vegetation1
7. (explain)
8. 1Indicators of hydric soil and wetland hydrology must
9. be present, unless disturbed or problematic
10.
11. Hydrophytic Vegetation Present: Yes
100= % Total Herb Cover
Woody Vine Strat. (Plot Size: 9 sq.m.) Absolute Dominant Indicator
% Cover Species? Status
1.
2.
= % Total Absolute Woody Vine Cover
% Bare Ground in Herb Stratum: 0 % Litter Cover in Herb Stratum: 95
REMARKS:
SOILS
Profile Description (describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks
0-6.5 10YR2/1 99 7YR4/6 1 C M Silty Clay
6.5-16 10YR4/2 25 10YR5/6 5 C M Silty clay
10YR3/1 70
1Type: C = Concentration, D = Depletion, RM = Reduced Matric, CS = Covered or Coated Sand Grains. 2Location: PL = Pore Lining, M = Matrix.
Hydric Soil Indicators (Applicable to all Land Resource Regions unless otherwise indicated) Indicators for Problematic Hydric Soils
__ Histosol (A1) __ Sandy redox (S5) __ 2cm muck (A10)
__ Histic epipedon (A2) __ Stripped matrix (S6) __ Red parent material (TF2)
__ Black Histic (A3) __ Loamy mucky mineral (F1, except MLRA 1) __ Very shallow dark surface (TF12)
__ Hydrogen Sulfide (A4) __ Loamy gleyed matrix (F2) __ Other (explain)
__ Depleted below dark surface (A11) __ Depleted matrix (F3)
__ Thick dark surface (A12) __ Redox dark surface (F6) 3Indicators of hydrophytic vegetation and
__ Sandy mucky mineral (S1) N/A __ Depleted dark surface (F7) wetland hydrology must be present, unless
__ Sandy gleyed matrix (S4) _X Redox depressions (F8) disturbed or problematic
Restrictive Layer (if present) Hydric Soil Present? Yes
Type:
Depth (inches):
Remarks:
Salt deposits throughout soil stratum. Page 384
Item 9.
HYDROLOGY
Wetland Hydrology Indicators
Primary Indicators (Minimum of one required. Check all that apply) Secondary Indicators (2 or more required)
__ Surface water (A1) __ Water stained leaves (B9) __ Water stained leaves (B9)
__ High water table (A2) (except MLRA 1, 2, 4A, and 4B) (except MLRA 1, 2, 4A, and 4B)
__ Saturation (A3) __ Salt crust (B11) _X_ Drainage patterns (B10)
__ Water marks (B1) __ Aquatic invertebrates (B13) __ Dry season water table (C2)
__ Sediment deposits (B2) __ Hydrogen sulfide odor (C1) __ Saturation visible on aerial imagery (C9)
__ Drift deposits (B3) __ Oxidized rhizospheres along roots (C3) _X_ Geomorphic position (D2)
__ Algal mat or crust (B4) __ Presence of reduced iron (C4) __ Shallow aquitard (D3)
__ Iron deposits (B5) __ Recent iron reduction in tilled soils (C6) __ FAC-neutral test (D5)
__ Surface soil cracks (B6) __ Stunted or stressed plants (D1) (LRRA) __ Raised ant mounds (D6) (except LRRA)
_X_ Inundation visible on aerial imagery (B7) __ Other (explain in remarks) __ Frost-heave hummocks (D7)
__ Sparsely vegetated concave surface (B8)
Field Observations: Wetland Hydrology Present? Yes
Surface water present: N Depth (inches):
Water table present: N Depth (inches):
Saturation present: N Depth (inches):
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if
available:
Remarks:
FORM NOTES
Stratum: 1. Tree stratum – Consists of woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH),
regardless of height. 2. Sapling/shrub stratum – Consists of woody plants less than 3 in. DBH, regardless of height. 3.
Herb stratum – Consists of all herbaceous (non-woody) plants, including herbaceous vines, regardless of size. 4. Woody
vines – Consists of all woody vines, regardless of height.
FAC-neutral Test for determining Wetland Hydrology (Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Great Plains Region (Version 2.0). U.S. Army Corps of Engineers March 2010)
The FAC-neutral test is performed by compiling a list of dominant plant species across all strata in the community, and
dropping from the list any species with a Facultative indicator status (i.e., FAC, FAC–, and FAC+). The FAC-neutral test is
met if more than 50 percent of the remaining dominant species are rated FACW and/or OBL. This indicator may be used
in communities that contain no FAC dominants. If there are an equal number of dominants that are OBL and FACW
versus FACU and UPL, non-dominant species should be considered. This indicator is only applicable to wetland hydrology
determinations.
Page 385
Item 9.
DATA FORM
ROUTINE WETLAND DETERMINATION
(May 2010 Regional Supplement to 1987 Wetlands Delineation Manual: Western Mountains, Valleys, and Coastal Regions, Version 2.0)
Project/Site: Core Spaces City/County: Fort Collins/Larimer Sampling Date: 04/15/2022
Applicant/Owner: AloTerra/Private Land Owner State: CO Sampling Point: SP4
Investigator (s): Sarah Smith Section/Township/Range:
Landform (Hillslope, Terrace, etc.): Local Relief: Concave Slope (%): 1%
Subregion (LRR): Lat: Lon: Datum:
Soil Map Unit Name: NWI Classification: None
Are climatic / hydrologic conditions on the site typical for this time of year? Yes
Are Vegetation Yes ; Soil, No; or Hydrology No; significantly disturbed? Are “Normal Circumstances” present? Yes
Are Vegetation No; Soil, No; or Hydrology No: naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS – Include a map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present: N Is the sampled area within a wetland: N
Hydric Soil Present: Y
Wetland Hydrology Present: Y
Remarks: Area is dominated by canary reedgrass. Landscape is a bowl like shape where uplands to the north, south, and
west drain to. Culvert at the eastern side of wetland that drains under HWY 287.
VEGETATION (USE SCIENTIFIC NAMES)
Tree Stratum (Plot Size: 25 sq. m.) Absolute Dominant Indicator Dominance Test Worksheet
% Cover Species? Status Number of dominant species
1. that are OBL, FACW, or FAC: (A)
2.
3. Total no. of dominant
4. species across all strata: (B)
5.
= Total Cover Percent of Dominant spp.
That are OBL, FACW, or FAC: (A/B)
Shrub Stratum (Plot Size: 9 sq. m.) Absolute Dominant Indicator
% Cover Species? Status
1. Prevalence Index Worksheet
2. Total % Cover of: Multiply by:
3. OBL spp: xx x1 =
4. FACW spp: 100 x2 =200
5. FAC spp: xx x3 =
= % Total Shrub Cover FACU spp: xx x4 =
UPL spp: xx x5 =
Column totals: (A) (B)
Prevalence Index (B/A) =
Page 386
Item 9.
Herb Stratum (Plot Size: 1.0 sq. m.) Absolute Dominant Indicator Hydrophytic Vegetation Indicators:
% Cover Species? Status ____ 1. Rapid test for hydrophytic vegetation
1. Bromus inermis 75 Yes UPL ___ 2. Dominance test is > 50%
2. Pascopyrum smithii 25 Yes UPL ___ 3. Prevalence index is < 3.01
3. ____ 4. Morphological adaptations1 (provide
4. Supporting data in remarks or attach)
5. ____ 5. Wetland non-vascular plants1
6. ____ Problematic Hydrophytic Vegetation1
7. (explain)
8. 1Indicators of hydric soil and wetland hydrology must
9. be present, unless disturbed or problematic
10.
11. Hydrophytic Vegetation Present: No
100= % Total Herb Cover
Woody Vine Strat. (Plot Size: 9 sq.m.) Absolute Dominant Indicator
% Cover Species? Status
1.
2.
= % Total Absolute Woody Vine Cover
% Bare Ground in Herb Stratum: 0 % Litter Cover in Herb Stratum: 95
REMARKS:
SOILS
Profile Description (describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks
0-4 10Y3/1 100 Silty Clay
4-6.5 10YR3/1 75 7.5YR4/6 1 C M Silty clay
10YR4/2 29
6.5-19 10YR3/1 15 7.5YR4/6 6 C M Clay
10YR4/3 80
1Type: C = Concentration, D = Depletion, RM = Reduced Matric, CS = Covered or Coated Sand Grains. 2Location: PL = Pore Lining, M = Matrix.
Hydric Soil Indicators (Applicable to all Land Resource Regions unless otherwise indicated) Indicators for Problematic Hydric Soils
__ Histosol (A1) __ Sandy redox (S5) __ 2cm muck (A10)
__ Histic epipedon (A2) __ Stripped matrix (S6) __ Red parent material (TF2)
__ Black Histic (A3) __ Loamy mucky mineral (F1, except MLRA 1) __ Very shallow dark surface (TF12)
__ Hydrogen Sulfide (A4) __ Loamy gleyed matrix (F2) __ Other (explain)
__ Depleted below dark surface (A11) __ Depleted matrix (F3)
__ Thick dark surface (A12) __ Redox dark surface (F6) 3Indicators of hydrophytic vegetation and
__ Sandy mucky mineral (S1) N/A __ Depleted dark surface (F7) wetland hydrology must be present, unless
__ Sandy gleyed matrix (S4) _X Redox depressions (F8) disturbed or problematic
Restrictive Layer (if present) Hydric Soil Present? Yes
Type:
Depth (inches):
Remarks:
Salt deposits throughout soil stratum. Page 387
Item 9.
HYDROLOGY
Wetland Hydrology Indicators
Primary Indicators (Minimum of one required. Check all that apply) Secondary Indicators (2 or more required)
__ Surface water (A1) __ Water stained leaves (B9) __ Water stained leaves (B9)
__ High water table (A2) (except MLRA 1, 2, 4A, and 4B) (except MLRA 1, 2, 4A, and 4B)
__ Saturation (A3) __ Salt crust (B11) _X_ Drainage patterns (B10)
__ Water marks (B1) __ Aquatic invertebrates (B13) __ Dry season water table (C2)
__ Sediment deposits (B2) __ Hydrogen sulfide odor (C1) __ Saturation visible on aerial imagery (C9)
__ Drift deposits (B3) _X_ Oxidized rhizospheres along roots (C3) _X_ Geomorphic position (D2)
__ Algal mat or crust (B4) __ Presence of reduced iron (C4) __ Shallow aquitard (D3)
__ Iron deposits (B5) __ Recent iron reduction in tilled soils (C6) __ FAC-neutral test (D5)
__ Surface soil cracks (B6) __ Stunted or stressed plants (D1) (LRRA) __ Raised ant mounds (D6) (except LRRA)
__ Inundation visible on aerial imagery (B7) __ Other (explain in remarks) __ Frost-heave hummocks (D7)
__ Sparsely vegetated concave surface (B8)
Field Observations: Wetland Hydrology Present? Yes
Surface water present: N Depth (inches):
Water table present: N Depth (inches):
Saturation present: N Depth (inches):
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if
available:
Remarks:
FORM NOTES
Stratum: 1. Tree stratum – Consists of woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH),
regardless of height. 2. Sapling/shrub stratum – Consists of woody plants less than 3 in. DBH, regardless of height. 3.
Herb stratum – Consists of all herbaceous (non-woody) plants, including herbaceous vines, regardless of size. 4. Woody
vines – Consists of all woody vines, regardless of height.
FAC-neutral Test for determining Wetland Hydrology (Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Great Plains Region (Version 2.0). U.S. Army Corps of Engineers March 2010)
The FAC-neutral test is performed by compiling a list of dominant plant species across all strata in the community, and
dropping from the list any species with a Facultative indicator status (i.e., FAC, FAC–, and FAC+). The FAC-neutral test is
met if more than 50 percent of the remaining dominant species are rated FACW and/or OBL. This indicator may be used
in communities that contain no FAC dominants. If there are an equal number of dominants that are OBL and FACW
versus FACU and UPL, non-dominant species should be considered. This indicator is only applicable to wetland hydrology
determinations.
Page 388
Item 9.
DATA FORM
ROUTINE WETLAND DETERMINATION
(May 2010 Regional Supplement to 1987 Wetlands Delineation Manual: Western Mountains, Valleys, and Coastal Regions, Version 2.0)
Project/Site: Core Spaces City/County: Fort Collins/Larimer Sampling Date: 04/15/2022
Applicant/Owner: AloTerra/Private Land Owner State: CO Sampling Point: SP5
Investigator (s): Sarah Smith Section/Township/Range:
Landform (Hillslope, Terrace, etc.): Local Relief: Concave Slope (%): 1%
Subregion (LRR): Lat: Lon: Datum:
Soil Map Unit Name: NWI Classification: PEM
Are climatic / hydrologic conditions on the site typical for this time of year? Yes
Are Vegetation Yes ; Soil, No; or Hydrology No; significantly disturbed? Are “Normal Circumstances” present? Yes
Are Vegetation No; Soil, No; or Hydrology No: naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS – Include a map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present: Y Is the sampled area within a wetland: Y
Hydric Soil Present: Y
Wetland Hydrology Present: Y
Remarks: Area is dominated by canary reedgrass. Landscape is a bowl like shape where uplands to the north, south, and
west drain to. Culvert at the eastern side of wetland that drains under HWY 287.
VEGETATION (USE SCIENTIFIC NAMES)
Tree Stratum (Plot Size: 25 sq. m.) Absolute Dominant Indicator Dominance Test Worksheet
% Cover Species? Status Number of dominant species
1. that are OBL, FACW, or FAC: 1(A)
2.
3. Total no. of dominant
4. species across all strata: 1 (B)
5.
= Total Cover Percent of Dominant spp.
That are OBL, FACW, or FAC: 100 (A/B)
Shrub Stratum (Plot Size: 9 sq. m.) Absolute Dominant Indicator
% Cover Species? Status
1. Prevalence Index Worksheet
2. Total % Cover of: Multiply by:
3. OBL spp: xx x1 =
4. FACW spp: 99 x2 =198
5. FAC spp: xx x3 =
= % Total Shrub Cover FACU spp: xx x4 =
UPL spp: xx x5 =
Column totals: (A) 99 (B) 198
Prevalence Index (B/A) = 1
Page 389
Item 9.
Herb Stratum (Plot Size: 1.0 sq. m.) Absolute Dominant Indicator Hydrophytic Vegetation Indicators:
% Cover Species? Status ____ 1. Rapid test for hydrophytic vegetation
1. Phalaris arundinacea 99 Yes FACW _X__ 2. Dominance test is > 50%
2. Rumex crispus 5 No UPL _X__ 3. Prevalence index is < 3.01
3. Taraxacum officinale <1 No UPL ____ 4. Morphological adaptations1 (provide
4. Supporting data in remarks or attach)
5. ____ 5. Wetland non-vascular plants1
6. ____ Problematic Hydrophytic Vegetation1
7. (explain)
8. 1Indicators of hydric soil and wetland hydrology must
9. be present, unless disturbed or problematic
10.
11. Hydrophytic Vegetation Present: Yes
100= % Total Herb Cover
Woody Vine Strat. (Plot Size: 9 sq.m.) Absolute Dominant Indicator
% Cover Species? Status
1.
2.
= % Total Absolute Woody Vine Cover
% Bare Ground in Herb Stratum: <1% % Litter Cover in Herb Stratum: 95
REMARKS:
SOILS
Profile Description (describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks
0-5 10YR2/1 100 Silty clay loam
5-16 10YR3/2 25 7.5YR5/8 1 C M Silty clay
10YR4/2 75 2.5YR4/8 1 C PL
1Type: C = Concentration, D = Depletion, RM = Reduced Matric, CS = Covered or Coated Sand Grains. 2Location: PL = Pore Lining, M = Matrix.
Hydric Soil Indicators (Applicable to all Land Resource Regions unless otherwise indicated) Indicators for Problematic Hydric Soils
__ Histosol (A1) __ Sandy redox (S5) __ 2cm muck (A10)
__ Histic epipedon (A2) __ Stripped matrix (S6) __ Red parent material (TF2)
__ Black Histic (A3) __ Loamy mucky mineral (F1, except MLRA 1) __ Very shallow dark surface (TF12)
__ Hydrogen Sulfide (A4) __ Loamy gleyed matrix (F2) __ Other (explain)
__ Depleted below dark surface (A11) __ Depleted matrix (F3)
__ Thick dark surface (A12) __ Redox dark surface (F6) 3Indicators of hydrophytic vegetation and
__ Sandy mucky mineral (S1) N/A __ Depleted dark surface (F7) wetland hydrology must be present, unless
__ Sandy gleyed matrix (S4) _X Redox depressions (F8) disturbed or problematic
Restrictive Layer (if present) Hydric Soil Present? Yes
Type:
Depth (inches):
Remarks:
Salt deposits throughout soil stratum.
Page 390
Item 9.
HYDROLOGY
Wetland Hydrology Indicators
Primary Indicators (Minimum of one required. Check all that apply) Secondary Indicators (2 or more required)
__ Surface water (A1) __ Water stained leaves (B9) __ Water stained leaves (B9)
__ High water table (A2) (except MLRA 1, 2, 4A, and 4B) (except MLRA 1, 2, 4A, and 4B)
__ Saturation (A3) __ Salt crust (B11) _X_ Drainage patterns (B10)
__ Water marks (B1) __ Aquatic invertebrates (B13) __ Dry season water table (C2)
__ Sediment deposits (B2) __ Hydrogen sulfide odor (C1) __ Saturation visible on aerial imagery (C9)
__ Drift deposits (B3) _X_ Oxidized rhizospheres along roots (C3) _X_ Geomorphic position (D2)
__ Algal mat or crust (B4) __ Presence of reduced iron (C4) __ Shallow aquitard (D3)
__ Iron deposits (B5) __ Recent iron reduction in tilled soils (C6) __ FAC-neutral test (D5)
__ Surface soil cracks (B6) __ Stunted or stressed plants (D1) (LRRA) __ Raised ant mounds (D6) (except LRRA)
__ Inundation visible on aerial imagery (B7) __ Other (explain in remarks) __ Frost-heave hummocks (D7)
__ Sparsely vegetated concave surface (B8)
Field Observations: Wetland Hydrology Present? Yes
Surface water present: N Depth (inches):
Water table present: N Depth (inches):
Saturation present: N Depth (inches):
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if
available:
Remarks:
FORM NOTES
Stratum: 1. Tree stratum – Consists of woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH),
regardless of height. 2. Sapling/shrub stratum – Consists of woody plants less than 3 in. DBH, regardless of height. 3.
Herb stratum – Consists of all herbaceous (non-woody) plants, including herbaceous vines, regardless of size. 4. Woody
vines – Consists of all woody vines, regardless of height.
FAC-neutral Test for determining Wetland Hydrology (Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Great Plains Region (Version 2.0). U.S. Army Corps of Engineers March 2010)
The FAC-neutral test is performed by compiling a list of dominant plant species across all strata in the community, and
dropping from the list any species with a Facultative indicator status (i.e., FAC, FAC–, and FAC+). The FAC-neutral test is
met if more than 50 percent of the remaining dominant species are rated FACW and/or OBL. This indicator may be used
in communities that contain no FAC dominants. If there are an equal number of dominants that are OBL and FACW
versus FACU and UPL, non-dominant species should be considered. This indicator is only applicable to wetland hydrology
determinations.
Page 391
Item 9.
DATA FORM
ROUTINE WETLAND DETERMINATION
(May 2010 Regional Supplement to 1987 Wetlands Delineation Manual: Western Mountains, Valleys, and Coastal Regions, Version 2.0)
Project/Site: Core Spaces City/County: Fort Collins/Larimer Sampling Date: 04/15/2022
Applicant/Owner: AloTerra/Private Land Owner State: CO Sampling Point: SP6
Investigator (s): Sarah Smith Section/Township/Range:
Landform (Hillslope, Terrace, etc.): Local Relief: Concave Slope (%): 1%
Subregion (LRR): Lat: Lon: Datum:
Soil Map Unit Name: NWI Classification: None
Are climatic / hydrologic conditions on the site typical for this time of year? Yes
Are Vegetation Yes ; Soil, No; or Hydrology No; significantly disturbed? Are “Normal Circumstances” present? Yes
Are Vegetation No; Soil, No; or Hydrology No: naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS – Include a map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present: N Is the sampled area within a wetland: N
Hydric Soil Present: Y
Wetland Hydrology Present: N
Remarks: Area is dominated by canary reedgrass. Landscape is a bowl like shape where uplands to the north, south, and
west drain to. Culvert at the eastern side of wetland that drains under HWY 287.
VEGETATION (USE SCIENTIFIC NAMES)
Tree Stratum (Plot Size: 25 sq. m.) Absolute Dominant Indicator Dominance Test Worksheet
% Cover Species? Status Number of dominant species
1. that are OBL, FACW, or FAC: (A)
2.
3. Total no. of dominant
4. species across all strata: (B)
5.
= Total Cover Percent of Dominant spp.
That are OBL, FACW, or FAC: (A/B)
Shrub Stratum (Plot Size: 9 sq. m.) Absolute Dominant Indicator
% Cover Species? Status
1. Prevalence Index Worksheet
2. Total % Cover of: Multiply by:
3. OBL spp: xx x1 =
4. FACW spp: x2 =
5. FAC spp: xx x3 =
= % Total Shrub Cover FACU spp: xx x4 =
UPL spp: xx x5 =
Column totals: (A) (B)
Prevalence Index (B/A) = 1
Page 392
Item 9.
Herb Stratum (Plot Size: 1.0 sq. m.) Absolute Dominant Indicator Hydrophytic Vegetation Indicators:
% Cover Species? Status ____ 1. Rapid test for hydrophytic vegetation
1. Bromus inermis 99 Yes UPL ___ 2. Dominance test is > 50%
2. Dipsacus laciniatus 1 No UPL ___ 3. Prevalence index is < 3.01
3. ____ 4. Morphological adaptations1 (provide
4. Supporting data in remarks or attach)
5. ____ 5. Wetland non-vascular plants1
6. ____ Problematic Hydrophytic Vegetation1
7. (explain)
8. 1Indicators of hydric soil and wetland hydrology must
9. be present, unless disturbed or problematic
10.
11. Hydrophytic Vegetation Present: No
100= % Total Herb Cover
Woody Vine Strat. (Plot Size: 9 sq.m.) Absolute Dominant Indicator
% Cover Species? Status
1.
2.
= % Total Absolute Woody Vine Cover
% Bare Ground in Herb Stratum: <1% % Litter Cover in Herb Stratum: 95
REMARKS:
SOILS
Profile Description (describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks
0-7 10YR3/2 100 Silty clay loam
7-16 10YR4/4 95 7.5YR4/6 1 C M Silty clay
10YR3/1 5
1Type: C = Concentration, D = Depletion, RM = Reduced Matric, CS = Covered or Coated Sand Grains. 2Location: PL = Pore Lining, M = Matrix.
Hydric Soil Indicators (Applicable to all Land Resource Regions unless otherwise indicated) Indicators for Problematic Hydric Soils
__ Histosol (A1) __ Sandy redox (S5) __ 2cm muck (A10)
__ Histic epipedon (A2) __ Stripped matrix (S6) __ Red parent material (TF2)
__ Black Histic (A3) __ Loamy mucky mineral (F1, except MLRA 1) __ Very shallow dark surface (TF12)
__ Hydrogen Sulfide (A4) __ Loamy gleyed matrix (F2) __ Other (explain)
__ Depleted below dark surface (A11) __ Depleted matrix (F3)
__ Thick dark surface (A12) __ Redox dark surface (F6) 3Indicators of hydrophytic vegetation and
__ Sandy mucky mineral (S1) N/A __ Depleted dark surface (F7) wetland hydrology must be present, unless
__ Sandy gleyed matrix (S4) _X Redox depressions (F8) disturbed or problematic
Restrictive Layer (if present) Hydric Soil Present? Yes
Type:
Depth (inches):
Remarks:
Salt deposits throughout soil stratum.
Page 393
Item 9.
HYDROLOGY
Wetland Hydrology Indicators
Primary Indicators (Minimum of one required. Check all that apply) Secondary Indicators (2 or more required)
__ Surface water (A1) __ Water stained leaves (B9) __ Water stained leaves (B9)
__ High water table (A2) (except MLRA 1, 2, 4A, and 4B) (except MLRA 1, 2, 4A, and 4B)
__ Saturation (A3) __ Salt crust (B11) __ Drainage patterns (B10)
__ Water marks (B1) __ Aquatic invertebrates (B13) __ Dry season water table (C2)
__ Sediment deposits (B2) __ Hydrogen sulfide odor (C1) __ Saturation visible on aerial imagery (C9)
__ Drift deposits (B3) __ Oxidized rhizospheres along roots (C3) _X_ Geomorphic position (D2)
__ Algal mat or crust (B4) __ Presence of reduced iron (C4) __ Shallow aquitard (D3)
__ Iron deposits (B5) __ Recent iron reduction in tilled soils (C6) __ FAC-neutral test (D5)
__ Surface soil cracks (B6) __ Stunted or stressed plants (D1) (LRRA) __ Raised ant mounds (D6) (except LRRA)
__ Inundation visible on aerial imagery (B7) __ Other (explain in remarks) __ Frost-heave hummocks (D7)
__ Sparsely vegetated concave surface (B8)
Field Observations: Wetland Hydrology Present? No
Surface water present: N Depth (inches):
Water table present: N Depth (inches):
Saturation present: N Depth (inches):
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if
available:
Remarks:
FORM NOTES
Stratum: 1. Tree stratum – Consists of woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH),
regardless of height. 2. Sapling/shrub stratum – Consists of woody plants less than 3 in. DBH, regardless of height. 3.
Herb stratum – Consists of all herbaceous (non-woody) plants, including herbaceous vines, regardless of size. 4. Woody
vines – Consists of all woody vines, regardless of height.
FAC-neutral Test for determining Wetland Hydrology (Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Great Plains Region (Version 2.0). U.S. Army Corps of Engineers March 2010)
The FAC-neutral test is performed by compiling a list of dominant plant species across all strata in the community, and
dropping from the list any species with a Facultative indicator status (i.e., FAC, FAC–, and FAC+). The FAC-neutral test is
met if more than 50 percent of the remaining dominant species are rated FACW and/or OBL. This indicator may be used
in communities that contain no FAC dominants. If there are an equal number of dominants that are OBL and FACW
versus FACU and UPL, non-dominant species should be considered. This indicator is only applicable to wetland hydrology
determinations.
Page 394
Item 9.
DATA FORM
ROUTINE WETLAND DETERMINATION
(May 2010 Regional Supplement to 1987 Wetlands Delineation Manual: Western Mountains, Valleys, and Coastal Regions, Version 2.0)
Project/Site: Core Spaces City/County: Fort Collins/Larimer Sampling Date: 04/15/2022
Applicant/Owner: AloTerra/Private Land Owner State: CO Sampling Point: SP7
Investigator (s): Sarah Smith Section/Township/Range:
Landform (Hillslope, Terrace, etc.): Local Relief: Concave Slope (%): 1%
Subregion (LRR): Lat: Lon: Datum:
Soil Map Unit Name: NWI Classification: PSS
Are climatic / hydrologic conditions on the site typical for this time of year? Yes
Are Vegetation Yes ; Soil, No; or Hydrology No; significantly disturbed? Are “Normal Circumstances” present? Yes
Are Vegetation No; Soil, No; or Hydrology No: naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS – Include a map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present: Y Is the sampled area within a wetland: Y
Hydric Soil Present: Y
Wetland Hydrology Present: Y
Remarks: Area is dominated by canary reedgrass. Landscape is a bowl like shape where uplands to the north, south, and
west drain to. Culvert at the eastern side of wetland that drains under HWY 287.
VEGETATION (USE SCIENTIFIC NAMES)
Tree Stratum (Plot Size: 25 sq. m.) Absolute Dominant Indicator Dominance Test Worksheet
% Cover Species? Status Number of dominant species
1. that are OBL, FACW, or FAC: (A) 1
2.
3. Total no. of dominant
4. species across all strata: (B)1
5.
= Total Cover Percent of Dominant spp.
That are OBL, FACW, or FAC: (A/B) 100
Shrub Stratum (Plot Size: 9 sq. m.) Absolute Dominant Indicator
% Cover Species? Status
1. Salix exigua 30 Yes OBL Prevalence Index Worksheet
2. Total % Cover of: Multiply by:
3. OBL spp: 30 x1 = 30
4. FACW spp: x2 =
5. FAC spp: xx x3 =
30 = % Total Shrub Cover FACU spp: xx x4 =
UPL spp: xx x5 =
Column totals: (A) 30 (B) 30
Prevalence Index (B/A) = 1
Page 395
Item 9.
Herb Stratum (Plot Size: 1.0 sq. m.) Absolute Dominant Indicator Hydrophytic Vegetation Indicators:
% Cover Species? Status ____ 1. Rapid test for hydrophytic vegetation
1. Mentha arvensis 1 No FACW _X__ 2. Dominance test is > 50%
2. Poa spp. 1 No N/A __X_ 3. Prevalence index is < 3.01
3. Asclepias speciosa 1 No FAC ____ 4. Morphological adaptations1 (provide
4. Dipsacus laciniatus 1 No UPL Supporting data in remarks or attach)
5. ____ 5. Wetland non-vascular plants1
6. ____ Problematic Hydrophytic Vegetation1
7. (explain)
8. 1Indicators of hydric soil and wetland hydrology must
9. be present, unless disturbed or problematic
10.
11. Hydrophytic Vegetation Present: Yes
4= % Total Herb Cover
Woody Vine Strat. (Plot Size: 9 sq.m.) Absolute Dominant Indicator
% Cover Species? Status
1.
2.
= % Total Absolute Woody Vine Cover
% Bare Ground in Herb Stratum: <1% % Litter Cover in Herb Stratum: 90
REMARKS:
Houndstongue in willow carr.
SOILS
Profile Description (describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks
0-7 10YR2/2 100 silty clay loam
7-18 10YR4/3 90 7.5YR4/6 1 C M silty clay
10YR3/1 10
1Type: C = Concentration, D = Depletion, RM = Reduced Matric, CS = Covered or Coated Sand Grains. 2Location: PL = Pore Lining, M = Matrix.
Hydric Soil Indicators (Applicable to all Land Resource Regions unless otherwise indicated) Indicators for Problematic Hydric Soils
__ Histosol (A1) __ Sandy redox (S5) __ 2cm muck (A10)
__ Histic epipedon (A2) __ Stripped matrix (S6) __ Red parent material (TF2)
__ Black Histic (A3) __ Loamy mucky mineral (F1, except MLRA 1) __ Very shallow dark surface (TF12)
__ Hydrogen Sulfide (A4) __ Loamy gleyed matrix (F2) __ Other (explain)
__ Depleted below dark surface (A11) __ Depleted matrix (F3)
__ Thick dark surface (A12) __ Redox dark surface (F6) 3Indicators of hydrophytic vegetation and
__ Sandy mucky mineral (S1) N/A __ Depleted dark surface (F7) wetland hydrology must be present, unless
__ Sandy gleyed matrix (S4) _X Redox depressions (F8) disturbed or problematic
Restrictive Layer (if present) Hydric Soil Present? Yes
Type:
Depth (inches):
Remarks:
Salt deposits throughout soil stratum.
Page 396
Item 9.
HYDROLOGY
Wetland Hydrology Indicators
Primary Indicators (Minimum of one required. Check all that apply) Secondary Indicators (2 or more required)
__ Surface water (A1) __ Water stained leaves (B9) __ Water stained leaves (B9)
__ High water table (A2) (except MLRA 1, 2, 4A, and 4B) (except MLRA 1, 2, 4A, and 4B)
__ Saturation (A3) __ Salt crust (B11) _X_ Drainage patterns (B10)
__ Water marks (B1) __ Aquatic invertebrates (B13) __ Dry season water table (C2)
__ Sediment deposits (B2) __ Hydrogen sulfide odor (C1) __ Saturation visible on aerial imagery (C9)
__ Drift deposits (B3) __ Oxidized rhizospheres along roots (C3) _X_ Geomorphic position (D2)
__ Algal mat or crust (B4) __ Presence of reduced iron (C4) __ Shallow aquitard (D3)
__ Iron deposits (B5) __ Recent iron reduction in tilled soils (C6) __ FAC-neutral test (D5)
__ Surface soil cracks (B6) __ Stunted or stressed plants (D1) (LRRA) __ Raised ant mounds (D6) (except LRRA)
__ Inundation visible on aerial imagery (B7) __ Other (explain in remarks) __ Frost-heave hummocks (D7)
__ Sparsely vegetated concave surface (B8)
Field Observations: Wetland Hydrology Present? Yes
Surface water present: N Depth (inches):
Water table present: N Depth (inches):
Saturation present: N Depth (inches):
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if
available:
Remarks:
FORM NOTES
Stratum: 1. Tree stratum – Consists of woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH),
regardless of height. 2. Sapling/shrub stratum – Consists of woody plants less than 3 in. DBH, regardless of height. 3.
Herb stratum – Consists of all herbaceous (non-woody) plants, including herbaceous vines, regardless of size. 4. Woody
vines – Consists of all woody vines, regardless of height.
FAC-neutral Test for determining Wetland Hydrology (Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Great Plains Region (Version 2.0). U.S. Army Corps of Engineers March 2010)
The FAC-neutral test is performed by compiling a list of dominant plant species across all strata in the community, and
dropping from the list any species with a Facultative indicator status (i.e., FAC, FAC–, and FAC+). The FAC-neutral test is
met if more than 50 percent of the remaining dominant species are rated FACW and/or OBL. This indicator may be used
in communities that contain no FAC dominants. If there are an equal number of dominants that are OBL and FACW
versus FACU and UPL, non-dominant species should be considered. This indicator is only applicable to wetland hydrology
determinations.
Page 397
Item 9.
DATA FORM
ROUTINE WETLAND DETERMINATION
(May 2010 Regional Supplement to 1987 Wetlands Delineation Manual: Western Mountains, Valleys, and Coastal Regions, Version 2.0)
Project/Site: Core Spaces City/County: Fort Collins/Larimer Sampling Date: 04/15/2022
Applicant/Owner: AloTerra/Private Land Owner State: CO Sampling Point: SP8
Investigator (s): Sarah Smith Section/Township/Range:
Landform (Hillslope, Terrace, etc.): Local Relief: Slope (%): 1%
Subregion (LRR): Lat: Lon: Datum:
Soil Map Unit Name: NWI Classification: None
Are climatic / hydrologic conditions on the site typical for this time of year? Yes
Are Vegetation Yes ; Soil, No; or Hydrology No; significantly disturbed? Are “Normal Circumstances” present? Yes
Are Vegetation No; Soil, No; or Hydrology No: naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS – Include a map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present: N Is the sampled area within a wetland: N
Hydric Soil Present: Y
Wetland Hydrology Present: N
Remarks: Area is dominated by canary reedgrass. Landscape is a bowl like shape where uplands to the north, south, and
west drain to. Culvert at the eastern side of wetland that drains under HWY 287.
VEGETATION (USE SCIENTIFIC NAMES)
Tree Stratum (Plot Size: 25 sq. m.) Absolute Dominant Indicator Dominance Test Worksheet
% Cover Species? Status Number of dominant species
1. that are OBL, FACW, or FAC: (A)
2.
3. Total no. of dominant
4. species across all strata: (B)
5.
= Total Cover Percent of Dominant spp.
That are OBL, FACW, or FAC: (A/B)
Shrub Stratum (Plot Size: 9 sq. m.) Absolute Dominant Indicator
% Cover Species? Status
1. 30 Yes OBL Prevalence Index Worksheet
2. Total % Cover of: Multiply by:
3. OBL spp: x1 =
4. FACW spp: x2 =
5. FAC spp: xx x3 =
30 = % Total Shrub Cover FACU spp: xx x4 =
UPL spp: xx x5 =
Column totals: (A) (B)
Prevalence Index (B/A) =
Page 398
Item 9.
Herb Stratum (Plot Size: 1.0 sq. m.) Absolute Dominant Indicator Hydrophytic Vegetation Indicators:
% Cover Species? Status ____ 1. Rapid test for hydrophytic vegetation
1. Bromus inermis 95 Yes UPL ___ 2. Dominance test is > 50
2. Juncus balticus 5 No FAC ___ 3. Prevalence index is < 3.01
3. ____ 4. Morphological adaptations1 (provide
4. Supporting data in remarks or attach)
5. ____ 5. Wetland non-vascular plants1
6. ____ Problematic Hydrophytic Vegetation1
7. (explain)
8. 1Indicators of hydric soil and wetland hydrology must
9. be present, unless disturbed or problematic
10.
11. Hydrophytic Vegetation Present: Yes
100= % Total Herb Cover
Woody Vine Strat. (Plot Size: 9 sq.m.) Absolute Dominant Indicator
% Cover Species? Status
1.
2.
= % Total Absolute Woody Vine Cover
% Bare Ground in Herb Stratum: <1% % Litter Cover in Herb Stratum: 90
REMARKS:
SOILS
Profile Description (describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks
0-16 10YR4/2 98 7.5YR4/6 2 C M silty clay loam
1Type: C = Concentration, D = Depletion, RM = Reduced Matric, CS = Covered or Coated Sand Grains. 2Location: PL = Pore Lining, M = Matrix.
Hydric Soil Indicators (Applicable to all Land Resource Regions unless otherwise indicated) Indicators for Problematic Hydric Soils
__ Histosol (A1) __ Sandy redox (S5) __ 2cm muck (A10)
__ Histic epipedon (A2) __ Stripped matrix (S6) __ Red parent material (TF2)
__ Black Histic (A3) __ Loamy mucky mineral (F1, except MLRA 1) __ Very shallow dark surface (TF12)
__ Hydrogen Sulfide (A4) __ Loamy gleyed matrix (F2) __ Other (explain)
__ Depleted below dark surface (A11) __ Depleted matrix (F3)
__ Thick dark surface (A12) __ Redox dark surface (F6) 3Indicators of hydrophytic vegetation and
__ Sandy mucky mineral (S1) N/A __ Depleted dark surface (F7) wetland hydrology must be present, unless
__ Sandy gleyed matrix (S4) _X Redox depressions (F8) disturbed or problematic
Restrictive Layer (if present) Hydric Soil Present? Yes
Type:
Depth (inches):
Remarks:
Salt deposits throughout soil stratum.
Page 399
Item 9.
HYDROLOGY
Wetland Hydrology Indicators
Primary Indicators (Minimum of one required. Check all that apply) Secondary Indicators (2 or more required)
__ Surface water (A1) __ Water stained leaves (B9) __ Water stained leaves (B9)
__ High water table (A2) (except MLRA 1, 2, 4A, and 4B) (except MLRA 1, 2, 4A, and 4B)
__ Saturation (A3) __ Salt crust (B11) __ Drainage patterns (B10)
__ Water marks (B1) __ Aquatic invertebrates (B13) __ Dry season water table (C2)
__ Sediment deposits (B2) __ Hydrogen sulfide odor (C1) __ Saturation visible on aerial imagery (C9)
__ Drift deposits (B3) __ Oxidized rhizospheres along roots (C3) __ Geomorphic position (D2)
__ Algal mat or crust (B4) __ Presence of reduced iron (C4) __ Shallow aquitard (D3)
__ Iron deposits (B5) __ Recent iron reduction in tilled soils (C6) __ FAC-neutral test (D5)
__ Surface soil cracks (B6) __ Stunted or stressed plants (D1) (LRRA) __ Raised ant mounds (D6) (except LRRA)
__ Inundation visible on aerial imagery (B7) __ Other (explain in remarks) __ Frost-heave hummocks (D7)
__ Sparsely vegetated concave surface (B8)
Field Observations: Wetland Hydrology Present? No
Surface water present: N Depth (inches):
Water table present: N Depth (inches):
Saturation present: N Depth (inches):
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if
available:
Remarks:
FORM NOTES
Stratum: 1. Tree stratum – Consists of woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH),
regardless of height. 2. Sapling/shrub stratum – Consists of woody plants less than 3 in. DBH, regardless of height. 3.
Herb stratum – Consists of all herbaceous (non-woody) plants, including herbaceous vines, regardless of size. 4. Woody
vines – Consists of all woody vines, regardless of height.
FAC-neutral Test for determining Wetland Hydrology (Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Great Plains Region (Version 2.0). U.S. Army Corps of Engineers March 2010)
The FAC-neutral test is performed by compiling a list of dominant plant species across all strata in the community, and
dropping from the list any species with a Facultative indicator status (i.e., FAC, FAC–, and FAC+). The FAC-neutral test is
met if more than 50 percent of the remaining dominant species are rated FACW and/or OBL. This indicator may be used
in communities that contain no FAC dominants. If there are an equal number of dominants that are OBL and FACW
versus FACU and UPL, non-dominant species should be considered. This indicator is only applicable to wetland hydrology
determinations.
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Appendix B: Wetland Delineation Photos
Figure 1. PEM wetland delineation vegetation (left) and soils (right) sampling.
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Figure 2. PEM wetland delineation vegetation (left) and soils (right) sampling.
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Figure 3. PEM wetland delineation vegetation (left) and soils (right) sampling.
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Figure 4. PEM wetland delineation vegetation (left) and soils (right) sampling.
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Figure 5. PSS wetland delineation vegetation (left) and soils (right) sampling.
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Figure 6. PSS wetland delineation vegetation (left) and soils (right) sampling.
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Appendix C: Wildlife Review
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Core Spaces (hereafter referred to as the Project) site is located in Fort Collins, Colorado in Larimer County
(Figure 1). The property is bordered by Highway 287 on the east, Skyway Dr to the north, Trilby Rd to the south
and Constellation Dr residential housing to the west. Although not connected, The Prairie Dog Meadow Natural
Area lies less than half a mile to the east of the Project. Currently The Project is used for agricultural purposes
and is proposed to undergo housing development. The project area is dominated by uplands. Within the Project
contains several old growth cottonwood trees (Populus deltoides) on the north and south borders. Herbaceous
plants across the site were dominated by non-native species, such as smooth brome (Bromus inermis). Riparian
areas were dominated by canary reedgrass (Phalaris arundinaceae) and coyote willow (Salix exigua).
Figure 1. Location of Core Spaces in Fort Collins, Colorado.
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The purpose of this wildlife review is to assess the probable effects on federally listed species and sensitive
species in the proposed Project site, per Section 7 of the 1973 Endangered Species Act. Under the actions,
consultations, and recommendations of the USFWS, in cooperation with Colorado Parks and Wildlife. The
authorized organization must ensure, with the best scientific data available, that there will be no negative
change or destruction to critical habitats in the Project area (USFWS, 2013).
On April 25, 2022 an official species list was documented by U.S Fish and Wildlife
Service’s Information for Planning and Consultation IPAC: http://ecos.fws.gov/ipac/ was obtained by using
known ranges of federally listed species in The Project area. A list was also unofficially obtained from the 2016
Colorado Natural Heritage Program database by looking at known sightings of sensitive species near Kingfisher
Wetland project area. On April 30, 2022 an AloTerra Restoration Services field technician conducted a site visit in
order to assess suitable habitat for known listed and sensitive animal species.
Table 1 lists provides a record of the federally listed Federally listed species that could occur within the area of
the proposed project (38 acres). The table includes (a) the common name of the species (b) the scientific name
of the species (c) the status of the species in question (d) whether or not the species should be excluded and (e)
the reasoning why the species should be excluded.
The reasoning of excluding species from the list of concerned species is given based off a variety of reasons
including:
1) No suitable habitat was found during site visit, The range of the species in is such that the species is
highly unlikely to not known near occur within the Project site;
2) No suitable habitat was found during the site review; and/or
3) No records for the species exist within the Project site.
Table 1. Federally listed terrestrial and aquatic species that may occur or be affected by actions within the
Project.
Common Name Species Status Species
Excluded Reason for Exclusion
Mammals
Preble’s meadow
jumping mouse Zapus hudsonius preblei Threatened No No detection during survey
Canada lynx Lynx canadensis Threatened Yes Species and habitat are not
present.
Birds
Mexican spotted owl Strix occidentalis lucida Threatened Yes Critical habitat does not overlap
with project site
Whooping crane Grus americana Endangered Yes Range does not overlap with
project site
Least tern Sterna antillarum Endangered Yes Range does not overlap with
project site
Piping plover Charadrius melodus Threatened Yes Range does not overlap with
project site
Fish
Pallid sturgeon Scaphirhynchus albus Endangered Yes Species and habitat are not
present.
Greenback cutthroat
trout
Oncorhynchus clarkii stomias Threatened Yes Species and habitat are not
present.
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Common Name Species Status Species
Excluded Reason for Exclusion
Plants
Colorado butterfly plant Gaura neomexicana var.
coloradensis
Threatened Yes Species and habitat are not
present.
Ute ladies-tresses Spiranthes diluvialis Threatened Yes Species and habitat are not
present.
Western prairie fringed
orchid
Plantanthera praeclara Threatened Yes Species and habitat are not
present.
North Park phacelia Phacelia formosula Endangered Yes Found in higher elevation range
(8,000-8,300 ft)
Sourced from IPAC :http://ecos.fws.gov/ipac/ website. Note- Some species may be affected downstream from water
source.
*There are no federally designated critical habitats within the Project area.
Since 1998, the Preble’s Meadow Jumping Mouse (Zapus hudsonius preblei) has been federally listed as
threatened by the U.S Fish and Wildlife Service. In Colorado, they are also listed as Species of Greatest
Conservation Needs, considered sensitive by the US Forest Service, and critically imperiled according to the
Colorado Natural Heritage Program. Declining PMJM populations are due to predation, habitat degradation, and
fragmentation. In Colorado, the PMJM can be found up to elevations around 7,000 feet east of the Front Range,
and west to the shortgrass prairie. (USFWS, 2013)
Preble’s meadow jumping mice are found in areas with natural hydrological processes that create a dense
riparian area with biologically diverse herbaceous plants. PMJM have been found in environments with a variety
of plant species, frequently in areas with a thick layer of grasses and forbs that create cover. Studies show that
the specific species composition of herbaceous plants is not as important to supporting populations, but that
suitable habitat needs to have a higher percentage of ground cover in the vicinity to open water. Most PMJM
were found within areas with a higher density of the shrub layer consisting mostly of willows. The mice use
adjacent grassy uplands as far as approximately 300 feet from the 100-year floodplain to “hibernate” during the
colder months. These nests are called hibernacula and can be found under the cover of snowberry, chokecherry,
cottonwoods, gooseberry, and other willow species.
Section 4 of the Endangered Species Act (1973) prevents any funded or authorized agency to take action that
would negatively affect lands labeled as PMJM Critical habitat. Critical Habitat is defined by areas currently
occupied by the species or potential areas in which the species could establish. In 2013, The Fish and Wildlife
Service revised the critical habitat designation for the Preble’s meadow jumping mouse (shapefiles found at:
https://www.fws.gov/mountain-
prairie/es/species/mammals/preble/CRITICAL%20HABITAT/CRITICALHABITATindex.htm.). The approximate
50,000 acres designated for critical habitat occur adjacent to streams and rivers in the Colorado foothill and
mountain regions. PMJM critical habitat is located in Boulder, Broomfield, Douglas, El Paso, Jefferson, Larimer
and Teller Counties (USFWS, 2014). Currently there is no critical habitat designated in the Project area (USFWS,
2010). Although the Project area does not have optimal habitat due to lack of desired upland vegetation,
presence of PMJM cannot be confirmed without a thorough survey of the area.
The rare plant survey resulted in no evidence of Spiranthes diluvialis (Ute ladies’-tresses) or Gaura neomexicana
var. coloradenesis (Colorado Butterfly Plant) in the Project area.
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The sensitive species list is derived from the U.S. Forest Service (https://www.fs.usda.gov) and Colorado Parks
and Wildlife data on present sensitive species ranges and distributions (USFS, 2005). The Regional Forester’s
sensitive list is evaluated by examining viable risk of species; these species are categorized as R2 sensitive, not
R2 sensitive, or, not a concern. Suitable habitat was also determined by a site visit conducted by AloTerra
Restoration Services on November 01, 2021. Under the Migratory Bird Treaty Act of 1918 and the Bald and
Golden Eagle Protection Act no activity that “takes, transports, barters, or exports the listed migratory birds or
eagles is permissible unless it is sanctioned by the U.S. Fish and Wildlife Service. The sensitive species list
includes migratory birds that could use The Project area as a breeding, over-wintering, or stopover site.
The species found in Table 2 below are compiled from lists of at-risk species that have potential habitat or
occurrence in the Project area, specifically in the vicinity of the documented wetland. The table is organized as
followed: (a) The common name of the species, (b) The scientific name of the species, (c) The status of the
species in question, (d) Whether or not the species should be excluded, and (e) The reasons why the species
should be excluded.
Table 2. Federally listed terrestrial and aquatic species that may occur or be affected by the actions within the
Project.
Common name Species Status Species
Excluded Reasons for exclusion
Mammals
Fringed myotis Myotis thysanodes Forest Service
Sensitive
Yes Found in coniferous forest and
mixed pine
Townsend’s big-
eared bat
Corynorhinus
townsendii
Forest Service
Sensitive
Yes Habitat requirements are not in
range
Black-tailed prairie
dog
Cynomys ludovicianus Forest Service
Sensitive
Yes No colonies were found in the
Project site
White-tailed prairie
dog
(Ocynomys leucurus)
Forest Service
Sensitive
Yes No colonies were found in the
Project site
Kit fox Vulpes macrotis Forest Service
Sensitive
Yes Range does not overlap with
project site
Swift fox Vulpes velox Forest Service
Sensitive
No No detection during survey
Birds
Bald eagle Haliaeetus
leucocephalus
Forest Service
Sensitive
No No detection during survey
Cassin’s sparrow Aimophila cassinii Bird of Conservation
Concern
Yes Range does not overlap with
project site
Lesser yellowlegs Tringa flavipes
Bird of Conservation
Concern
Yes Range does not overlap with
project site
Burrowing owl Athene cunicularia State threatened No
Black Swift Cypseloides niger Forest Service
Sensitive
Yes Habitat requires cliffs limited in
Colorado
Chestnut-collared
longspur
Calcarius ornatus
Forest Service
Sensitive
Yes Site location does not overlap
with species range
Sandhill Crane Antigone canadensis
Forest Service
Sensitive
Yes Suitable habitat is not evident in
project site
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Common name Species Status Species
Excluded Reasons for exclusion
Northern harrier Circus cyaneus Forest Service
Sensitive
No No detection during survey
Swainson’s Hawk Buteo swainsoni
Federal Species of
Concern
No No detection during survey
Grasshopper
sparrow
Ammodramus
savannarum
Forest Service
Sensitive
Yes Native species range does not
meet area requirements
Fish
Plains Minnow Hybognathus plactius State Endangered Yes Suitable habitat is not evident in
project site
Plains topminnow Fundulus sciadicus Forest Service
Sensitive
Yes Suitable habitat is not evident in
project site
Flannelmouth
Sucker
Catostomus latipinnis
Forest Service
Sensitive
Yes Suitable habitat is not evident in
project site
Amphibians
Northern leopard
frog
Lithobates pipiens Forest Service
Sensitive
No No detection during survey
Plains leopard frog Lithobates blairi Forest Service
Sensitive
Yes Range does not overlap with
project site
Species list was sourced from U.S. Forest Service https://www.fs.usda.gov Rocky Mountain Region and USFWS Migratory
birds for the Mountain-Prairie Region updated 2017.
Migratory bird list was sourced from USFWS Birds of Conservation Concern
https://www.fws.gov/birds/management/managed-species/birds-of-conservation-concern.php.
Historically Swift fox (Vulpes velox) populations declined due to habitat fragmentation and loss, competition,
trapping, and collateral damage when trying to kill wolves. In Colorado they are listed as Special Concern and
classified as a sensitive species by USFS Region 2. They range throughout western United States but are found in
higher abundances in Colorado than Montana, Nebraska, and South Dakota, where they still have not reached
historical population levels. The fox appears to not be affected by heavily grazed ecosystems and can be found
in a variety of habitat types that include short-grass and mid-grass prairies, including a variety of agricultural
land types. In these areas, vegetation is typically dominated by blue grama, buffalograss, western wheatgrass,
and sagebrush. Fox dens have been found in areas with low vegetation on slight slopes in well-drained sites,
with soil types that include silty loam or loam. The species are not directly reliant on riparian areas and can be
found up to 3 miles away from any source of water. (Marks et al., 2005). No dens were sighted in the Project
area. Due to the size of the proposed Project area, there should be minimal impacts to swift fox populations.
The bald eagle (Haliaeetus leucocephalus) is found only in North America (CPW, n.d.). Populations declined in
the early-mid 20th century due to impacts from pesticides (mainly DDT), disturbance and loss of trees for nesting
habitat. The eagle was consequently placed on the Endangered Species List. However, with the ban on the
pesticide DDT and protection of nesting habitat, the eagles have substantially recovered, with Endangered
status reduced to Threatened in 1995 and with further recovery was de-listed nationally. The bald eagle was
removed from the Colorado list of threatened and endangered species in 2009. Bald eagles can be found
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throughout much of Colorado during both summer and winter and can be observed near reservoirs and major
rivers such as the South Platte. Eagles will roost and nest in large cottonwood trees, roosting communally in the
winter for warmth. Bald eagles have a varied diet, with nests often found near water in tall trees, building nests
that can be 7 to 8 feet across. No nests or signs of bald eagles were seen during site visit on November 01, 2021.
Any bald eagles that may be using the area should not be negatively affected by the Project, especially if large
trees can be protected from construction activities.
The Burrowing owl (Athene cunicularia) is considered locally uncommon to fairly common on the Colorado
eastern plains and rare to uncommon in mountain parks and on the western slope (Andrews and Righter 1992).
These small raptors are distinguished by their long legs, round head and have no ear tufts. They feed on insects,
small mammals and reptiles, foraging in grasslands and pastures and other agricultural lands. Although they can
excavate nesting holes in sandy soil they prefer to use empty burrows made by other animals, primarily rodents.
These ground nesters are often seen in and closely tied to prairie dog towns. Burrowing owl populations have
drastically declined due to habitat lost to agriculture and development. During the site visit a large active prairie
dog colony was found, but no burrowing owls were observed.
The Northern harrier (Circus cyaneus) is a Tier 2 Species of Greatest Conservation Need in Colorado and a Forest
Service Sensitive Species in Region 2. These raptors reside in a variety of habitats year-around, including
grasslands and marshes. They reside throughout Colorado, with higher densities on the eastern plains, short-
grass prairies and western valleys. In the eastern plains these birds breed in a variety of ecosystems, preferring
large wetlands (>250 acres) with dense vegetation (7-10 inches in height). Nests are found either on the ground
or on a platform usually near open water. More specifically, nests are commonly found hidden in wetland
vegetation, where cover is taller than 60 cm. (Slater, 2005) During the site visit on November 01, 2021 no
northern harrier was sighted, and no nests were found. The Project development is unlikely to negatively impact
the species due to the species range and scope of the Project.
The Swainson’s Hawk (Buteo swainsoni) is found throughout Colorado in open areas, usually native short and
tall grass prairies, and agricultural lands. Since the 1980s, Swainson Hawk populations declined in many parts of
its range due to removal of riparian habitat, and lack of nest site availability (Bechard, 2010). The raptors’ home
range varies between about 170 to 21,550 acres depending on the amount of forage and water available. Nests
will frequently be found in a lone tree or post in these grasslands, but they can also be found along riparian
areas among a cluster of trees within their home range. The nests are found in a variety tree species including
cottonwood (Populus sp.), willows (Salix sp.), sycamores (Platanus sp.), and walnut (Juglans sp.) These hawks are
a migratory bird species, listed on the Migratory Bird Treaty Act, traveling from North America to breed in the
summer to South America for wintering. (Woodbridge, 1998) This raptor has a high tolerance for human
disturbance and can be found in areas with high human activity, although there can be nest abandonment if
there is high-intensity disturbance or construction near a nesting tree. When nests occur, they are usually found
15-30 feet above ground. AloTerra Restoration Service’s wildlife technician conducted a field assessment on
November 01, 2021 and found no nests in the proposed construction area. The Swainson’s Hawk should not be
negatively affected by the Project due to the extensive size of their home range and minimal effect to potential
nesting sites from construction activities.
Northern leopard frogs (Lithobates blairi) are found statewide in Colorado and are currently listed as a Tier 1
Species of Greatest Conservation Need. Population declines are due to climate change, invasive diseases, habitat
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loss, pollution, and predation. The frogs can be found in the western United States in elevations up to 11,000
feet. This species can inhabit a variety of riparian areas including stream channels, sloughs, reservoirs, gravel
pits, and oxbows. For breeding and foraging purposes, the frogs prefer dense vegetation with heights around 6
to 12 inches and more than 30 percent cover. Northern leopard frog breeding sites commonly occur in semi-
permanent ponds or wetlands with water depths to 25 to 40 inches. Water quality is an important factor for
most amphibians, needing unpolluted sites with water that is well oxygenated and pH balanced (6.1-7) (CPW,
2005). Through the winter, leopard frogs hibernate on the bottom of ponds located beneath 1-1.5 feet of rock
where water depths were at least 2 feet. Construction associated with The Project may impact individuals that
were not identified during the general survey, but due to the size and location of the construction project it is
not likely to result in a decline in population toward federal listing.
As previously discussed in the sections on Threatened, Endangered, and Proposed Species and Sensitive Species
of Concern, the proposed project should minimally impact populations of species that have ranges that do or
may potentially overlap with the Project area.
During the site visit two active raptor nests were found (Figure 6). A great-horned owl (Bubo virginianus) nest
was located in an old-growth cottonwood tree on the northeast corner of the property. One adult and one
fledgling were seen on the nest. In the southwest corner, also in an old-growth cottonwood, an adult red-tailed
hawk (Buteo jamaicensis) was seen brooding in the nest and a second adult was perched nearby. The nest was
heavily guarded by the adults from raiding crows. The property also has a large, active black-tailed prairie dog
colony that occupies well over three quarters of the property, with 2,016 active burrows documented (Figure 6).
There were no signs of swift fox dens nor were there any burrowing owls observed. Two killdeer (Charadrius
vociferus) were seen foraging and may be nesting as well. Other common birds such as American robin (Turdus
migratorius), northern flicker (Colaptes auratus), Eurasian collared-dove (Streptopelia decaocto), and Say’s
phoebe (Sayornis saya) were observed flying through the area.
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Figure 2. Locations of red-tailed hawk and great horned owl nests, as well as extents of black-tailed prairie dog
colony.
Construction should avoid impacting important suitable habitat for sensitive or endangered species. In order to
minimally impact sensitive or migratory bird populations, it is important to avoid impacting any potential nesting
sites (cottonwood trees or thick vegetation on the surface). During construction, Colorado Park and Wildlife
Regulations pertaining to red-tailed hawks should be followed. As directed by the City of Fort Collins, the black-
tailed prairie dog population will need to be euthanized before construction begins, and a pre-construction
survey will need to be conducted to determine if the population has been eradicated. Ethically euthanized black-
tailed prairie dogs may be donated to the Rocky Mountain Raptor Center, but strict guidelines must be followed.
Detailed information can be obtained by contacting the Rocky Mountain Raptor Center at 970-484-7756 or
info@rmrp.org.
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Andrews, J.N. and R. Righter. 1992. Colorado Birds: A Reference to Their Distribution and
Habitat. Denver Museum of Natural History, Denver, Colorado. 442pp.
Bechard, M.J., Houston, C.S., Sarasola, J.H., and England, A.S., (2010). Swainson's
Hawk (Buteo swainsoni), In: The Birds of North America (Rodewald, P. G., [Ed.]), Ithaca: Cornell Lab of
Ornithology; Retrieved from the Birds of North America: https://birdsna.org/Species-
Account/bna/species/swahaw.
Colorado Parks and Wildlife (CPW), (2005). Leopard Frogs: Assessing Habitat Quality for Wildlife Species in
Colorado Wetlands. Retrieved from
https://cpw.state.co.us/Documents/LandWater/WetlandsProgram/PrioritySpecies/Factsheet-and-Habitat-
Scorecard_LeopardFrogs.pdf.
Colorado Parks and Wildlife (CPW), (n.d.) Species Profiles. Retrieved from
http://cpw.state.co.us/learn/Pages/SpeciesProfiles.aspx
Marks, R., Paul, R., Rewa, C., and Peak, M., (2005). Swift Fox (Vulpes velox) Wildlife
Habitat Council and Natural Resources Conservation Service. Retrieved from
https://cpw.state.co.us/Documents/WildlifeSpecies/Grasslands/SwiftFox.pdf
Swenson, J. E., K. L. Alt, and R. L. Eng. 1986. Ecology of bald eagles in the Greater
Yellowstone Ecosystem. Wildl. Monogr. 95: 1 -46.
Slater, G.L. and Rock, C., (2005). Northern Harrier (Circus cyaneus): A
Technical Conservation Assessment. USDA Forest Service, Rocky Mountain Region. Retrieved from
https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5182007.pdf
U.S. Fish and Wildlife Service. 2005. Critical Habitat: Preble’s Meadow Jumping
Mouse. USFWS Mountain-Prairie Region Endangered Species Program.
http://mountainprairie.fws.gov/preble/CRITICAL_HABITAT/CRITIALHABITATindex.htm
U.S. Fish and Wildlife Service. 2013. Digest of Federal Resource Laws of Interest to
the U.S. Fish and Wildlife Service. Migratory Bird Treaty Act of 1918. Division of Congressional and Legislative
Affairs. https://www.fws.gov/laws/lawsdigest/migtrea.html
U.S. Fish and Wildlife Service. 2010. Endangered and Threatened Wildlife and
Plants; Revised Critical Habitat for the Preble’s Meadow Jumping Mouse (Zapus hudsonius preblei) in Colorado.
4310-55-S
U.S. Fish and Wildlife Service. 2013. Frequently Asked Questions and Recommended
Conservation Measures to Avoid and Minimize Impacts to the Preble’s Meadow Jumping Mouse (Zapus
hudsonius preblei), the Ute Ladies’-tresses Orchid (Spiranthes diluvialis), and the Colorado butterfly plant (Guara
neomexicana ssp. coloradensis) from Emergency Flood Response Activities Along Streams, Rivers, or
Transportation Corridors in Colorado. U.S. Fish and Wildlife Service Colorado Ecological Services Field Office.
September 24, 2013.
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U.S. Forest Service (USFS), (2015). Sensitive Species List: Rocky Mountain Region.
http://www.fs.usda.gov/detail/r2/landmanagement/?cid=stelprdb5390116
Woodbridge, B., (1998). Swainson's Hawk (Buteo swainsoni). In: The Riparian Bird
Conservation Plan: A Strategy for Reversing the Decline of Riparian-associated Birds in California. California
Partners in Flight. Retrieved from http://www.prbo.org/calpif/htmldocs/riparian_v-2.html
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Item 9.
Appendix D: Draft 30% Design for Wetland Mitigation and
Natural Habitat Buffer Zone
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Colorado North
REVEGETATION, SOILS, AND BIOENGINEERING NOTES
1.Contai ners (shrubs and trees) shal l be protected from beaver and other wildlife using the "plant protection" detail in plan set, where located above the bankfull elevation. Containers (shrubs) located below bankfull shall be protected from potential foot traffic with two wood stakes such that the above ground portion of the stake is at least as high as the canopy of the shrub container plant. Containers (herbaceous) shall not be fenced or staked.
2.All soil applied to the site must be free of Colorado state noxious and Colorado A and B listed weed propagules, and shall not contain more than 0.01% by dry weight of cheatgrass (Bromus tectorum), smooth brome (Bromus inermis), or Canada thistle (Cirsium arvensis). Project engineer or their representative shall approve all imported soil and fill for weed content before material is purchased.
3. A soil test shall be required for any import soils that may be required. The following soil chemistry characteristics must not be exceeded in soils that both receive seed or plant materials and have either been amended or installed between or over riprap:
a. Soil pH shall be between 5.8 and 7.8.
b. Soil electrical conductivity (using ECe method) shall be less than 2.0 dS/m (less than 2.0 mS/cm, less than 2,000 uS/cm, less than 2.0 mmho/cm). Imported compost shall not exceed 4.0 dS/m, regardless of the ratio at which it is incorporated into the topsoil or subsoil.
c. Sodium absorption ratio of soils or imported compost shall be less than 3.
d.Soil organic matter shall be between 10% and 20% by dry weight. The desired portion of recalcitrant organic matter, as a percentage of total organic matter, is between 10% and 40% by dry weight.
e. In general, nitrogen supplementing is not recommended for native plant restoration, except in very small quantities when a deficiency in native or imported topsoil is noted. Based on the soil test, nitrogen additions may be required by the project engineer.
f. In seeded areas, if imported topsoil is deficient in nitrogen and low in organic matter, soil amendments used shall include biosol (300-400 lbs/acre) and humate (300-500 lbs/acre) or similar. Compost may also be mixed with native soil to meet organic content requirements, only if the resultant topsoil meets the above soil chemistry criteria.
4. All seed must be inspected by the contractor prior to installation, and all tags must be maintained for documentation. All seed must be labeled as "certified" by the Colorado seed growers association and shall not include the presence of noxious or invasive species prohibited under the Colorado seed act. Seed must be free of Colorado state noxious and Colorado A and B listed weed propagules shall not contain more than 0.01% by dry weight of cheatgrass (Bromus tectorum), smooth brome
(Bromus inermis), or Canada thistle (Cirsium arvensis). Project engineer or their representative shall approve all seed mixes for weed content and substitutions before seed is purchased. Seed identification and certification tags shall be provided to the project manager for review and approval prior to use.
5. A restoration ecologist should be consulted when reviewing weed-free seed, soil, mulch, and soil amendment products, including the list of potential weeds present in the product in question.
6. Seeding shall be broadcast at rates listed in seed mix, raked into the soil surface to a depth of between 0.25 and 0.5 inches deep, and covered with mulch at a rate that attains 70% soil coverage and is no deeper than 1".
7. THE SEED MIXES SHALL BE APPLIED TO AREAS AS SHOWN ON THE PLAN SET.
8. Mulch shall be aesthetically pleasing, and be able to withstand windspeeds up to 60 mph and remain in place.
9.Wood straw or wood shred shall be used for surface mulch on seeded and planted areas. If wood shred is used, it shall contain a diversity of wood fiber lengths, with less than 10% fines (i.e., less than 2" in length). If approved by the project manager, alternative weed-free and wind resistant mulch may be used.
10. The placement of surface mulch over seeded areas shall occur a maximum of 96 hours after seeding. Each shrub or tree planting shall be treated with mulch according to typical details. Mulch shall be kept 1-2 inches away from stems of shrubs and trees. Herbaceous plants shall not be mulched, except where indicated in the plan set.
11. Certified weed-free mulch shall be used in all situations. Proper labeling for each bale or lot of mulch used is required. Project manager has the right to inspect and reject bales if they are suspected to contain unacceptable weed contents. Specifically, smooth brome (Bromus inermis), cheatgrass (Bromus tectorum), Canada thistle (Cirsium arvensis), fireweed (Kochia scoparia), and other aggressive exotic plant species shall not be present in mulches used for the project. A restoration ecologist or
botanist should be consulted when reviewing the weed-free mulch product. A list of potential weeds present in the mulch and the product information shall be provided to the project manager and project designer for review and approval prior to use. Hay, regardless of the source, shall not be used as a mulch.
12. Containers (herbaceous and woody) shall be planted as specified in the “plant palette" and "planting schedule" tables, and "revegetation construction details" of this plan set.
13. Each plant container must contain a label identifying the species in the container. Labels shall be left with the plant and be available for inspection by the project manager and project designer prior to installation, and must be kept in the ground following transplanting, for follow-up identification.
14. Ecotypic (i.e., sourced from genetically local populations) plant materials are required when available. Refer to the plant materials yellow pages (www.southernrockiesseed.org) for a list of vendors who carry ecotypic plant materials in Colorado. When ecotypes are not available, site adapted cultivars may be approved by the project manager if they are suited to the unique conditions of the site. For the purposes of this project, ecotypes are those plant materials (cuttings, seeds, or berries) whose
origin meets the following criteria. Genetically unmodified native plant material that is sourced not more than 1,000 feet higher or lower (and preferentially not more than 500 feet higher or lower) in elevation than the work site, and not more than 100 miles north or south of the work site.
15. Shrubs and trees planted as container stock or bare-root stock shall be surrounded by a planting depression, including an irrigation berm, of 2" deep at the center of the depression, and 18” in diameter from berm to berm.
16. Due to the poor condition of substrate in which container stock will be installed, amended backfill (approved loam soil mix with between 20-40% organic matter by volume) shall be placed around their root balls to a width at least twice the diameter of the root ball and to a depth of at least one quarter the depth of the root ball. Amended backfill shall be tamped moderately to remove air pockets and watered thoroughly while backfilling around the root ball. Shall cover the root ball when roots are
exposed on the upper surface of root ball.
17. Cuttings shall be installed within areas labeled as mesic or facultative hydroseres (i.e. zones), or as indicated in the plan set. These locations are generally at or near bankfull elevation. Cuttings shall be cottonwoods or willows, as specified in the "planting palette" of this plan set. Willow cuttings shall be installed at a frequency indicated in the "planting schedule". Harvesting and installation of cuttings (willow/cottonwood) shall follow the "field guide for harvesting and installing willow and cottonwood
cuttings" (www.synergy3.org). Cuttings shall be ecotypes harvested from native populations.
18. Soil lifts, joint planting, and other bioengineering treatments shall follow typical details of the plan set.
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EROSION CONTROL MATTING - STAKE LAYOUT DETAIL
PLAN VIEW NOT TO SCALE
Stakes or staples 18" o.c. in
bottom of backfilled trench
Erosion control blanket
Stakes or staples
EROSION CONTROL MATTING
CROSS SECTION NOT TO SCALE
Overlap 12" of
upwind/upstream
fabric on top of
downwind/downstream
fabric
Overlap 12" of
upgradient fabric
on top of lower
gradient fabric
Stakes or staples
Stake pattern detail
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6"
Erosion control blanket
EROSION CONTROL MATTING - TRENCH DETAIL
CROSS SECTION NOT TO SCALE
Backfilled trench
Stake or staple
6"
6"
PREVAILING WIND
AND/OR STREAM FLOW DIRECTION
6"
NOTES:
1.
2.
Remove all rocks and logs greater than 4” diameter ( st size) and seed area
before applying erosion matting.
Before installing erosion matting, decompact and prepare seedbed as
indicated in project-speci c restoration notes.
3. Seed and harrow area.
4. Use 100% biodegradable matting.
5.
6.
Lay blankets loosely and install according to project speci cations with staples
or wood stakes to secure matting.
Stakes will have a maximum spacing of 24” on all sides in a checkerboard
pattern.
7. Upwind portions of erosion control shall overlap 12” over the top of downwind
portion. When applicable, upgradient portions of blanket shall overlap 12” of
downgradient portions of blanket. Stakes shall be installed in a zig-zag
pattern every 12”.
8. Erions control blankets shall be keyed into soil at the top of slope and
upstream ends of project to a depth of 6”. These trenches shall be secured
using staples or wood stakes, 18” on center, then back lled with soil and
tamped well.
9. Density of stakes is depending on slope; clari ed in project-speci c restoration
notes.
SHRUB PLANTING
CROSS SECTION NOT TO SCALE
25 - 50% Deeper than rootball
2x Rootball
diameter
NOTES:
1.Broken or crumbling rootballs will be
rejected.
2.
3.
4.
5.
6.
7.
Care should be taken not to damage the
shrub or rootball when removing it from
its container.
Backf ll around rootball with soil that
does not exceed specif cations in
restoration notes.
Excavate planting pit 2x the diameter fo
the rootball and 25-50% deeper than
height of rootball.
Add backf ll around rootball in 2” layers,
watering each layer before applying the
next of soil.
Add 2” of mulch to cover 18” of the
ground/dripline, leaving 1” open around
trunk of shrub.
Use part of the excavated soil to build an
irrigation berm at the edge of dripline,
about 1-2” high and 3-4” wide. Import
soil as needed from nearby harvest sites.
2x depth of mulch
Irrigation berm
Undisturbed soil
Amended backf ll
Container shrub Leave 3-4 later branches
and terminal branch (do not
cut terminal buds)
Soil (dry)
Max 5’ above
ground
Min. 3' of cutting
below ground
6” min.
Capillary
fringe
Low-season
water table
COTTONWOOD POLE PLANTING
CROSS SECTION (TYPICAL)NOT TO SCALE
NOTES:
1.
2.
All harvested cottonwood cuttings shall be lively and straight,
harvested within 50 miles of the project site, and no more than
500' lower or higher in elevation than the project site.
If harvested, cuttings shall be obtained from approved
sources using a sharp tool.
3.The pole should be approximately 8' in length.
4.
5.
Cutting shall have a basal end of 1.0-2.0” in diameter. The top
ends shall have the terminal bud with three lateral branches
beneath the terminal bud intact.
The contractor shall provide for the proper care, storage, and
handing of the cuttings. During all stages of construction, the
cuttings shall be protected from exposure to wind and direct
sunlight.
6.
7.
8.
9.
Cuttings shall soak for 10-20 days prior to installation,
maintaining well oxygenated water while soaking.
The bottom 2" should be re-cut at an angle immediately
prior to installation.
An auger or hammer drill must be used to create a pilot hole
prior to installation of cottonwood poles. Backfill with very
wet sand or loam, and tamp to ensure no voids develop
around stem.
Other suggested willow and cottonwood harvest guidelines
are found at www.aloterraservices.com
12” min.
WILLOW CUTTING
CROSS SECTION NOT TO SCALE
8-12” above
ground surface
Willow cutting
NOTES:
1. All willow cuttings shall be sound, healthy specimens. Plant
materials that have serious injuries, insect pests, diseases or
are overly dry, will be rejected.
2. If harvested, cuttings shall be obtained from approved sources
using a sharp tool. Cuttings shall be long enough to reach
depth of 6” into the groundwater during the driest times of
the year.
3. Cutting shall have a basal end of 0.50-1.5” in diameter. The top
ends shall be blunt and butt ends shall be cut at 45 degrees.
They shall be stripped of all but two or three healthy terminal
stems.
4. The contractor shall provide for the proper care, storage, and
handing of the cuttings. During all stages of construction, the
cuttings shall be protected from exposure to wind and direct
sunlight.
5. Prior to installation, the contractor shall ag all planting
locations for approval by owner’s rep. Adjustments to these
locations may be required to meet eld conditions.
6. If cuttings cannot be installed directly into the required depth
due to soil conditions, a dibble bar, auger or other tool shall
be used to create a pilot hole. Space around hole must be
eliminated to ensure good soil-stem contact.
7. Additional industry standards should be followed to ensure
high survival rates.
Pilot hole
Existing soil
Lowest seasonal
groundwater level
6” min
Min 8” of soil
above low season
groundwater
Pack soil against
planted cutting.
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Item 9.
Trilby & College – Traffic Impact Study 1 | P a g e
Traffic Impact Study
To: Shannon Robbins, CORE PBSFR Acquisition Vehicle, LLC
From: Eli Farney, PE, PTOE
Date: November 2, 2022
Trilby & College Paired-Residential Community
Fort Collins, Colorado
Prepared By:
Eli Farney, PE, PTOE
efarney@jrengineering.com
JR Engineering
7200 South Alton Way, Suite C400
Centennial, CO 80112
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Trilby & College – Traffic Impact Study 2 | P a g e
Table of Contents
Executive Summary 4
Introduction 5
Traffic Volumes and Distribution 8
Traffic Operations Analysis 18
Pedestrian and Bicycle Analysis 27
Conclusion 29
Appendices 30
List of Figures
Figure 1: Vicinity Map 5
Figure 2: Site Plan and Study Intersections 7
Figure 3: Reference Traffic Impact Studies 10
Figure 4: Site-Generated Traffic Distribution 11
Figure 5: Existing (2022) Traffic Volumes 12
Figure 6: Site-Generated Traffic Volumes 13
Figure 7: Opening Day (2024) Background Traffic Volumes 14
Figure 8: Opening Day (2024) Total Traffic Volumes 15
Figure 9: Future (2045) Background Traffic Volumes 16
Figure 10: Future (2045) Total Traffic Volumes 17
Figure 11: Pedestrian Analysis Area 28
List of Tables
Table 1: 2022 Existing Levels of Service 18
Table 2: 2024 Opening Day Levels of Service 19
Table 3: 2045 Future Levels of Service 20
Table 4: 2024 Opening Day Levels of Service – No-Build at Trilby & College 21
Table 5: 2022 Existing 95th Percentile Queue Lengths 22
Table 6: 2024 Opening Day 95th Percentile Queue Lengths 23
Table 7: 2045 Future 95th Percentile Queue Lengths 24
Table 8: 2024 Opening Day Queue Lengths – No-Build at Trilby & College 25
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Trilby & College – Traffic Impact Study 3 | P a g e
List of Appendices
Appendix A: Base Assumptions Form 30
Appendix B: Pedestrian Worksheet 35
Appendix C: Traffic Counts 37
Appendix D: Trip Generation 47
Appendix E: Synchro Reports 53
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Trilby & College – Traffic Impact Study 4 | P a g e
Executive Summary
JR Engineering (JR) has completed a review of the traffic impacts resulting from the proposed development of
the Trilby & College Paired-Residential Community (Project) in Fort Collins, Colorado (City).
The objectives of this Traffic Impact Study (TIS) are:
Estimate site-generated traffic and route trips onto adjacent streets.
Perform traffic operations analysis for 2024 Opening Day and 2045 Future scenarios.
Make recommendations for roadway improvements to accommodate new traffic.
The methodology, content, and findings of this TIS are consistent with the following documents:
Larimer County Urban Area Street Standards (LCUASS) – Chapter 4 – Transportation Impact Study
The base assumptions form according to LCUASS is included in Appendix A.
Key Findings of this TIS
Levels of Service
o Most movements operate at LOS D or better in 2022, with the exception of some movements
at the signalized intersections, which operate at LOS E or F.
o Most movements are expected to operate at LOS D or better in 2024. Planned improvements at
the intersection of Trilby & College are expected to improve operations.
o Some movements are expected to operate at LOS E or F in 2045.
Queue Lengths
o Most queue lengths at the study intersections are acceptable.
o Some queues may interfere with driveways, turn lanes, and minor streets.
Pedestrian Facilities
o Existing pedestrian facilities are mostly satisfactory.
o Improvements will be made to sidewalks and signalized intersection crossings.
Recommendations
o JR recommends an eastbound right turn lane at Trilby & College by 2024. This would be an
interim mitigation jointly funded between the City and the Project.
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Trilby & College – Traffic Impact Study 5 | P a g e
Introduction
JR has completed a review of the existing and forecasted traffic operations in the vicinity of the planned Trilby
& College Paired-Residential Community. A vicinity map is included in Figure 1.
Figure 1: Vicinity Map
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Trilby & College – Traffic Impact Study 6 | P a g e
Land Uses
The Project is anticipated to contain the following land uses:
Residential (268 dwelling units)
o Duplex (38 dwelling units)
o Townhome (230 dwelling units)
6,500 S.F. Recreation Center
11.6 Acres of Open Space
Study Intersections
Six intersections were analyzed as part of this TIS. Five of them are external to the site, and one is internal. The
study intersections, along with a site plan, are shown in Figure 2.
Trilby & College Intersection Improvements
Improvements are planned for the intersection of Trilby Road & College Avenue, including the following:
Widening Trilby Road to accommodate two through lanes in each direction
Adding NB and SB dual left turn lanes
Adding EB and WB right turn lanes
These improvements are being designed by the City of Fort Collins. Discussions will be held with the City to
determine to what extent the Project will need to contribute to these improvements. For the purposes of this
TIS, it is assumed that these improvements will be completed by 2024, the anticipated opening day of the
Project. However, JR also analyzed a “no-build” scenario in which these improvements are not completed by
2024. In this case, JR recommends that an eastbound right turn lane be added to the intersection as a n interim
mitigation. This turn lane is warranted with existing traffic volumes and should be jointly funded between the
City and the Project.
Trilby & Mars Intersection South Leg
The intersection of Trilby & Mars will be a T-intersection in 2024. By 2045, there is expected to be a south leg
to this intersection. A nominal amount of background traffic was added to this south leg in the 2045 condition.
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Trilby & College – Traffic Impact Study 7 | P a g e
Figure 2: Site Plan and Study Intersections
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Trilby & College – Traffic Impact Study 8 | P a g e
Traffic Volumes and Distribution
Existing Traffic Volumes
Existing traffic volumes were obtained on Wednesday, April 27, 2022 by All Traffic Data Services for each of
the external intersections. Traffic counts are included in Appendix C. Existing volumes are shown in Figure 5.
Background Traffic
Growth Rate
JR applied a 1% growth rate to the existing traffic volumes to account for future regional development. This
growth rate is consistent with the reference traffic impact studies, described below.
Reference Traffic Impact Studies
In addition to the 1% growth rate, JR considered the traffic impacts from nearby developments. A map
showing these developments in relation to the Project site is shown in Figure 3. The following developments
(each analyzed by Delich Associates) were considered for this TIS:
Mars Landing – This development was analyzed in August 2019. Site-generated traffic volumes from
this future development were added to the background traffic for this TIS.
Sun Communities – This development was analyzed in March 2021. Site-generated traffic volumes
from this future development were added to the background traffic for this TIS.
South College Storage – This development was analyzed in March 2017. Since the development is
already built and operational, no site-generated traffic was added for this TIS.
Lakeview on the Rise – This development was analyzed in February 2016. Since the development is
already built and operational, no site-generated traffic was added for this TIS.
Background traffic volumes are shown in Figure 7 (2024) and Figure 9 (2045).
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Trilby & College – Traffic Impact Study 9 | P a g e
Site-Generated Traffic Volumes
Site-generated traffic volumes were estimated using ITE Trip Generation Manual, 10 th Edition. The Trilby &
College development is expected to generate the following trips:
Average Daily Trips: 2,239
AM Peak Entering Site: 38
AM Peak Exiting Site: 107
PM Peak Entering Site: 113
PM Peak Exiting Site: 70
A trip generation report is included in Appendix D. Site-generated traffic volumes are shown in Figure 6.
Distribution of Site-Generated Traffic
Site-generated traffic was routed onto adjacent streets according to the distribution in Figure 4.
Total Traffic
Total traffic is the sum of background and site-generated traffic. JR forecasted total traffic volumes at the
study intersections in the years 2024 (Open ing Day) and 2045 (Future). Total traffic volumes are shown in
Figure 8 (2024) and Figure 10 (2045).
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Figure 3: Reference Traffic Impact Studies
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Figure 4: Site-Generated Traffic Distribution
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Existing (2022) Traffic Volumes
Existing traffic volumes at the external study intersections are included in Figure 5. Existing lane geometry is shown.
Figure 5:Existing (2022) Traffic Volumes
E1
45 (56)
4 (7)
1 (4)
94 (74)
1 (2)
1 (1)
1
(
1
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1
(
1
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1
(
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1
(
2
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1
(
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13
(
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Skyway Dr
Ma
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E2
2 (11)
37 (48)
27 (34)
8 (8)
68 (50)
35 (35)
15
(
3
4
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14
4
0
(
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3
1
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30
(
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32
(
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90
9
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26
(
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15
3
6
(
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92
9
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Site Access
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218 (265)
141 (108)
102 (129)
269 (229)
238 (151)
199 (171)
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11
4
7
(
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77
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E4E5
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Site-Generated Traffic Volumes
Site-generated traffic volumes at the study intersections are included in Figure 6.
Figure 6:Site-Generated Traffic Volumes
E1
16 (52)
63
(
4
3
)
Skyway Dr
Ma
r
s
Dr
E2
3 (9)
1 (2)
10 (7)
53 (36)
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(
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7
(
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15 (9)
16 (10)
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Trilby Rd
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v
e
E5
13 (40)
2 (7)
5
(
3
)
31
(
1
9
)
I1
3 (5)
4 (9)
5 (3)
14 (10)
7
(
2
0
)
14
(
2
0
)
3
(
2
)
14
(
1
0
)
Trilby Rd
Ma
r
s
Dr
Ma
r
s
Dr
Site Access
E1 E2
E3
E4E5
I1
Trilby & College –Traffic Impact Study
Legend
AM (PM)
Stop Control
Page 439
Item 9.
14 |P a g e
Opening Day (2024) Background Traffic Volumes
2024 background traffic volumes at the study intersections are included in Figure 7. Proposed lane geometry is shown.
Figure 7:Opening Day (2024) Background Traffic Volumes
E1
46 (57)
4 (7)
9 (28)
96 (75)
1 (2)
1 (1)
1
(
1
)
1
(
1
)
24
(
1
9
)
1
(
2
)
1
(
1
)
13
(
4
)
Skyway Dr
Ma
r
s
Dr
E2
2 (11)
38 (49)
28 (35)
8 (8)
83 (61)
46 (42)
18
(
4
5
)
15
1
5
(
1
3
6
7
)
31
(
1
4
)
38
(
5
6
)
94
2
(
1
7
1
0
)
27
(
2
9
)
Co
l
l
e
g
e
A
v
e
Skyway Dr E3
10 (11)
16
1
6
(
1
4
2
9
)
9
(
5
)
97
3
(
1
7
0
7
)
Site Access
Co
l
l
e
g
e
A
v
e
E4
232 (276)
176 (132)
133 (151)
277 (244)
243 (154)
204 (177)
14
6
(
2
1
4
)
11
8
7
(
1
1
5
6
)
83
(
1
4
0
)
10
1
(
2
0
9
)
83
8
(
1
3
4
7
)
91
(
1
9
5
)
Trilby Rd
Co
l
l
e
g
e
A
v
e
E5
455 (649)
672 (571)
Trilby Rd
Ma
r
s
Dr
E1 E2
E3
E4E5
Trilby & College –Traffic Impact Study
Legend
AM (PM)
Stop Control
Page 440
Item 9.
15 |P a g e
Opening Day (2024) Total Traffic Volumes
2024 total traffic volumes at the study intersections are included in Figure 8. Proposed lane geometry is shown.
Figure 8:Opening Day (2024) Total Traffic Volumes
E1
46 (57)
5 (7)
25 (80)
96(75)
5 (5)
5 (5)
5
(
5
)
5
(
5
)
87
(
6
2
)
5
(
5
)
5
(
5
)
13
(
5
)
Skyway Dr
Ma
r
s
Dr
E2
5 (20)
38 (49)
29 (37)
18 (15)
136 (97)
46 (42)
18
(
4
5
)
15
1
5
(
1
3
6
7
)
31
(
1
4
)
51
(
9
9
)
94
8
(
1
7
2
2
)
27
(
2
9
)
Co
l
l
e
g
e
A
v
e
Skyway Dr E3
18 (16)
16
1
6
(
1
4
2
9
)
16
(
1
9
)
97
3
(
1
7
0
7
)
Site Access
Co
l
l
e
g
e
A
v
e
E4
238 (293)
176 (132)
133 (151)
292 (253)
243 (154)
220 (187)
15
3
(
2
3
7
)
11
8
7
(
1
1
5
6
)
83
(
1
4
0
)
10
1
(
2
0
9
)
84
5
(
1
3
5
1
)
92
(
1
9
6
)
Trilby Rd
Co
l
l
e
g
e
A
v
e
E5
455 (649)
13 (40)
672 (571)
5 (7)
5
(
5
)
31
(
1
9
)
I1Trilby Rd
Ma
r
s
Dr
Ma
r
s
Dr
Site Access
E1 E2
E3
E4E5
I1
Trilby & College –Traffic Impact Study
5 (5)
5 (5)
14 (10)
5
(
5
)
14
(
1
0
)
5
(
5
)
5 (5)
5 (5)
5 (9)
7
(
2
0
)
14
(
2
0
)
5
(
5
)
Legend
AM (PM)
Stop Control
Page 441
Item 9.
16 |P a g e
Future (2045) Background Traffic Volumes
2045 background traffic volumes at the study intersections are included in Figure 9. Proposed lane geometry is shown.
Figure 9:Future (2045) Background Traffic Volumes
E1
57 (70)
5 (9)
9 (29)
118 (93)24
(
2
0
)
16
(
5
)
Skyway Dr
Ma
r
s
Dr
E2
3 (14)
47 (60)
34 (43)
10 (10)
100 (73)
54 (50)
22
(
5
3
)
18
5
8
(
1
6
8
0
)
38
(
1
8
)
45
(
6
6
)
11
5
9
(
2
0
9
7
)
33
(
3
5
)
Co
l
l
e
g
e
A
v
e
Skyway Dr E3
13 (14)
19
8
2
(
1
7
5
4
)
11
(
6
)
11
9
4
(
2
0
9
2
)
Site Access
Co
l
l
e
g
e
A
v
e
E4
284 (340)
209 (158)
157 (181)
342 (298)
300 (190)
251 (218)
17
9
(
2
6
4
)
14
6
1
(
1
4
2
1
)
10
1
(
1
6
9
)
12
5
(
2
5
8
)
10
3
1
(
1
6
5
7
)
10
9
(
2
3
2
)
Trilby Rd
Co
l
l
e
g
e
A
v
e
E5
558 (798)
828 (701)
Trilby Rd
Ma
r
s
Dr
E1 E2
E3
E4E5
Trilby & College –Traffic Impact Study
1 (3)
1 (1)
1
(
1
)
1
(
1
)
1
(
3
)
1
(
1
)
Legend
AM (PM)
Stop Control
5
(
5
)
5
(
5
)
5 (5)
5 (5)
Page 442
Item 9.
17 |P a g e
Future (2045) Total Traffic Volumes
2045 total traffic volumes at the study intersections are included in Figure 10. Proposed lane geometry is shown.
Figure 10:Future (2045) Total Traffic Volumes
E1
57 (70)
5 (9)
25 (81)
118 (93)87
(
6
3
)
16
(
5
)
Skyway Dr
Ma
r
s
Dr
E2
6 (23)
47 (60)
35 (45)
20 (17)
153 (109)
54 (50)
22
(
5
3
)
18
5
8
(
1
6
8
0
)
38
(
1
8
)
58
(
1
0
9
)
11
6
5
(
2
1
0
9
)
33
(
3
5
)
Co
l
l
e
g
e
A
v
e
Skyway Dr E3
21 (19)
19
8
2
(
1
7
5
4
)
18
(
2
0
)
11
9
4
(
2
0
9
2
)
Site Access
Co
l
l
e
g
e
A
v
e
E4
290 (357)
209 (158)
157 (181)
357 (307)
300 (190)
267 (228)
18
6
(
2
8
7
)
14
6
1
(
1
4
2
1
)
10
1
(
1
6
9
)
12
5
(
2
5
8
)
10
3
8
(
1
6
6
1
)
11
0
(
2
3
3
)
Trilby Rd
Co
l
l
e
g
e
A
v
e
E5
558 (798)
13 (40)
828 (701)
31
(
1
9
)
I1Trilby Rd
Ma
r
s
Dr
Ma
r
s
Dr
Site Access
E1 E2
E3
E4E5
I1
Trilby & College –Traffic Impact Study
5 (5)
5 (5)
5
(
5
)
5
(
5
)
5
(
5
)
5
(
5
)
5 (7)
5
(
5
)
5 (5)
5 (5)
14 (10)
5
(
5
)
14
(
1
0
)
5
(
5
)
5 (5)
5 (5)
5 (9)
7
(
2
0
)
14
(
2
0
)
5
(
5
)
Legend
AM (PM)
Stop Control
5 (5)
5
(
5
)
5 (5)
5
(
5
)
5
(
5
)
5
(
5
)
Page 443
Item 9.
Trilby & College – Traffic Impact Study 18 | P a g e
Traffic Operations Analysis
Traffic operations were analyzed using HCM 6th Edition methodology. Synchro reports are included in
Appendix E.
Levels of Service
JR analyzed each of the study intersections for peak hour level of service (LOS). Table 1 includes the LOS for
each movement in the existing condition (2022). Table 2 includes the forecasted LOS for background traffic
and total traffic in the year 2024. Table 3 includes the forecasted LOS for background traffic and total traffic in
the year 2045. In each of these tables, seconds of delay are shown in parentheses for movements operating at
LOS F.
Table 1: 2022 Existing Levels of Service
Intersection Movement AM Peak
LOS
PM Peak
LOS
E1 – Skyway & Mars NB Approach A A
SB Approach A A
E2 – Skyway & College*
EB Approach D E
WB Approach D E
NB Left A A
NB Through A A
NB Right A A
SB Left A A
SB Through A A
SB Right A A
OVERALL A A
E3 – Access & College EB Right B C
E4 – Trilby & College*
EB Left F (163s) F (123s)
EB Through/Right F (109s) F (135s)
WB Left D E
WB Through/Right D F (89s)
NB Left B E
NB Through C C
NB Right B B
SB Left C C
SB Through A C
SB Right A B
OVERALL D D
*Existing signal timing collected from reference traffic impact studies
Page 444
Item 9.
Trilby & College – Traffic Impact Study 19 | P a g e
Table 2: 2024 Opening Day Levels of Service
Intersection Movement
AM Peak LOS PM Peak LOS
Background
Traffic
Total
Traffic
Background
Traffic
Total
Traffic
E1 – Skyway &
Mars
NB Approach A A A A
SB Approach A B A B
E2 – Skyway &
College
EB Approach D D D D
WB Approach D C D D
NB Left A A B B
NB Through A C A A
NB Right A B A A
SB Left A B A A
SB Through A A B B
SB Right A A A A
OVERALL A B A B
E3 – Local &
College EB Right B B C C
E4 – Trilby &
College*
EB Left D E D D
EB Through D D D D
EB Right A A A A
WB Left C D D D
WB Through D D D D
WB Right A A A A
NB Left D D D E
NB Through C B B B
NB Right A A A A
SB Left D D D E
SB Through B A C C
SB Right A A A A
OVERALL C C C C
E5 – Trilby &
Mars
EB Left N/A A N/A A
SB Approach N/A D N/A D
I1 – Local & Mars EB Approach N/A A N/A A
WB Approach N/A A N/A A
*Levels of service assume full build-out of improvements to the Trilby & College intersection
Page 445
Item 9.
Trilby & College – Traffic Impact Study 20 | P a g e
Table 3: 2045 Future Levels of Service
Intersection Movement
AM Peak LOS PM Peak LOS
Background
Traffic
Total
Traffic
Background
Traffic
Total
Traffic
E1 – Skyway &
Mars
NB Approach A A A A
SB Approach B B B B
E2 – Skyway &
College
EB Approach D D E E
WB Approach D D D D
NB Left A A C D
NB Through A A A A
NB Right A A A A
SB Left A A A A
SB Through A B C C
SB Right A A A A
OVERALL A B B B
E3 – Local &
College EB Right B B C D
E4 – Trilby &
College*
EB Left E F (138s) E F (96s)
EB Through D D D E
EB Right A A A A
WB Left D D E E
WB Through D D E E
WB Right A A A A
NB Left E E F (93s) F (92s)
NB Through C C C C
NB Right A A A A
SB Left E E E E
SB Through C C B B
SB Right A A A A
OVERALL D D D D
E5 – Trilby &
Mars
EB Left A A A A
WB Left A A A A
NB Approach D E E E
SB Approach D F (66s) E F (70s)
I1 – Local & Mars EB Approach N/A A N/A A
WB Approach N/A A N/A A
*Levels of service assume full build-out of improvements to the Trilby & College intersection
Page 446
Item 9.
Trilby & College – Traffic Impact Study 21 | P a g e
No-Build Scenario at Trilby & College Intersection
JR analyzed a no-build scenario at the intersection of Trilby & College. In this scenario, it was assumed that the
proposed improvements to the Trilby & College intersection do not get built by 2024.
Levels of service for this scenario are included in Table 4. JR considered three conditions: (1) background
traffic with no intersection improvements, (2) total traffic with no intersection improvements, and (3) total
traffic with an eastbound right turn lane installed as a mitigation . Seconds of delay are shown in parentheses
for movements operating at LOS F.
Table 4: 2024 Opening Day Levels of Service – No-Build at Trilby & College
Intersection Movement
AM Peak LOS PM Peak LOS
Back-
ground
Traffic
Total
Traffic
Total
Traffic
with EBR
Back-
ground
Traffic
Total
Traffic
Total
Traffic
with EBR
E4 – Trilby
& College
EB Left F (81s) F (81s) F (81s) F (102s) F (102s) F (99s)
EB T/R F (92s) F (116s) N/A F (140s) F (167s) N/A
EB Through N/A N/A D N/A N/A D
EB Right N/A N/A D N/A N/A D
WB Left E E C F (108s) F (96s) D
WB T/R F (114s) F (123s) F (116s) F (127s) F (142s) F (134s)
NB Left E E E F (121s) F (160s) F (120s)
NB Through D D D D D D
NB Right C C C C C C
SB Left F (103s) F (123s) F (97s) F (93s) F (100s) F (94s)
SB Through D D D E E E
SB Right C C C C C C
OVERALL E E D E F (82s) E
Discussion on Levels of Service
In the existing condition (2022), most movements operate satisfactorily (LOS D or better). However, some
movements at the signalized intersections operate poorly at LOS E or F. As discussed previously in this TIS,
improvements are planned for the intersection of Trilby & College to address operational concerns.
In the year 2024, levels of service for background traffic are mostly expected to be satisfactory (LOS D or
better). Total traffic operations are expected to be similar, with only minor impacts from site -generated
traffic. Some movements may operate at LOS E.
Page 447
Item 9.
Trilby & College – Traffic Impact Study 22 | P a g e
In the year 2045, some movements may reach LOS E or F under background traffic conditions. However, most
movements are anticipated to operate at LOS D or better. Under total traffic conditions, levels of service are
similar, with only minor impacts from site-generated traffic. The southbound approach of the intersection of
Trilby & Mars is expected to operate at LOS F with total traffic. Also, the eastbound left movement at Trilby &
College is expected to fail with total traffic.
In the no-build scenario at Trilby & College, multiple movements are expected to fail in 2024 with both
background and total traffic. The recommended eastbound right turn lane improves traffic operations to
similar conditions as the background traffic scenario.
Queue Lengths
JR analyzed each of the study intersections for 95 th percentile queue lengths using HCM 6th Edition
methodology. Table 5 includes the queue lengths for the year 2022 with existing traffic. Table 6 includes the
queue lengths for the year 2024 with total traffic. Table 7 includes the queue lengths for the year 2045 with
total traffic.
Table 5: 2022 Existing 95th Percentile Queue Lengths
Intersection Movement AM Peak
Queue (ft)
PM Peak
Queue (ft)
E1 – Skyway & Mars NB Approach <25 <25
SB Approach <25 <25
E2 – Skyway & College
EB Approach 125 116
WB Approach 60 100
NB Left <25 <25
NB Through 294 141
NB Right <25 <25
SB Left <25 <25
SB Through 226 536
SB Right <25 <25
E3 – Local & College EB Right <25 <25
E4 – Trilby & College
EB Left 310 224
EB Through/Right 578 561
WB Left 112 167
WB Through/Right 397 503
NB Left 89 313
NB Through 490 488
NB Right <25 41
SB Left 92 197
SB Through 262 485
SB Right 30 105
Page 448
Item 9.
Trilby & College – Traffic Impact Study 23 | P a g e
Table 6: 2024 Opening Day 95th Percentile Queue Lengths
Intersection Movement AM Peak
Queue (ft)
PM Peak
Queue (ft)
E1 – Skyway & Mars NB Approach <25 <25
SB Approach <25 <25
E2 – Skyway & College
EB Approach 212 144
WB Approach 55 84
NB Left <25 <25
NB Through 540 358
NB Right <25 <25
SB Left <25 <25
SB Through 233 690
SB Right <25 <25
E3 – Local & College EB Right <25 <25
E4 – Trilby & College*
EB Left 212 126
EB Through 124 110
EB Right 79 66
WB Left 104 122
WB Through 103 126
WB Right 70 37
NB Left 86 144
NB Through 454 415
NB Right <25 30
SB Left 58 80
SB Through 254 580
SB Right <25 76
E5 – Trilby & Mars EB Left <25 <25
SB Approach <25 <25
I1 – Local & Mars EB Approach <25 <25
WB Approach <25 <25
*Queue lengths assume full build-out of improvements to the Trilby & College intersection
Page 449
Item 9.
Trilby & College – Traffic Impact Study 24 | P a g e
Table 7: 2045 Future 95th Percentile Queue Lengths
Intersection Movement AM Peak
Queue (ft)
PM Peak
Queue (ft)
E1 – Skyway & Mars NB Approach <25 <25
SB Approach <25 <25
E2 – Skyway & College
EB Approach 303 305
WB Approach 72 157
NB Left <25 27
NB Through 289 289
NB Right <25 <25
SB Left <25 <25
SB Through 307 1145
SB Right <25 29
E3 – Local & College EB Right <25 <25
E4 – Trilby & College*
EB Left 293 282
EB Through 163 193
EB Right 165 149
WB Left 134 217
WB Through 140 237
WB Right 120 66
NB Left 112 229
NB Through 694 679
NB Right <25 68
SB Left 80 122
SB Through 442 923
SB Right 73 89
E5 – Trilby & Mars
EB Left <25 <25
WB Left <25 <25
NB Approach <25 <25
SB Approach 48 38
I1 – Local & Mars EB Approach <25 <25
WB Approach <25 <25
*Queue lengths assume full build-out of improvements to the Trilby & College intersection
Page 450
Item 9.
Trilby & College – Traffic Impact Study 25 | P a g e
No-Build Scenario at Trilby & College Intersection
JR analyzed a no-build condition at the intersection of Trilby & College. In this condition, JR assumed total
2024 traffic volumes with existing lane geometry (no improvements) at Trilby & College. 95 th percentile queue
lengths for this scenario are included in Table 8.
Table 8: 2024 Opening Day Queue Lengths – No-Build at Trilby & College
Intersection Movement AM Peak
LOS
PM Peak
LOS
E4 – Trilby & College
EB Left 305 263
EB Through/Right 617 696
WB Left 164 257
WB Through/Right 520 672
NB Left 225 432
NB Through 613 644
NB Right <25 73
SB Left 174 354
SB Through 388 895
SB Right <25 114
Discussion on Queue Lengths
In 2022, a few concerns with queuing exist:
SBT queuing at Skyway & College may block access to the southbound turn lanes.
Eastbound queuing at Trilby & College may block access to the church driveway.
Westbound queuing at Trilby & College may block multiple driveways and Debra Drive.
NBT queuing at Trilby & College may block access to the northbound turn lanes.
SBT queuing at Trilby & College may block access to the southbound turn lanes.
In 2024, queuing is expected to improve substantially at the intersection of T rilby & College, as a result of
planned improvements. Still, the following concerns with queuing exist:
NBT queuing at Skyway & College may block access to the northbound turn lanes.
SBT queuing at Skyway & College may block access to the southbound turn lanes.
NBT queuing at Trilby & College may block access to the northbound turn lanes.
SBT queuing at Trilby & College may block access to the southbound turn lanes.
Page 451
Item 9.
Trilby & College – Traffic Impact Study 26 | P a g e
In 2045, queue lengths are expected to be greater than those in 2024 as a result of larger traffic volumes. Still,
the concerns with queuing are generally the same as in 2024, with one additional concern:
SBT queuing at Skyway & College may block the intersection of Saturn & College, in addition to
blocking access to the southbound turn lanes at Skyway Drive.
In the no-build scenario at Trilby & College, queuing issues are anticipated in 2024 with total traffic. Turn lanes
are not sufficiently long to handle the expected queues. Additionally, some queue lengths would likely affect
upstream intersections and driveways.
Comparison of Queuing with Background Traffic vs. Total Traffic
Queuing for the NBT/SBT movements along College Avenue is mostly a result of background traffic. Site-
generated traffic has only a minor impact on these queue lengths.
Site-generated traffic has a more significant impact on NB/SB turning movements along College Avenue, as
well as EB/WB movements along Skyway Drive and Trilby Road.
Page 452
Item 9.
Trilby & College – Traffic Impact Study 27 | P a g e
Pedestrian and Bicycle Analysis
Existing Pedestrian Facilities
Existing sidewalks are located in the following places near the Project site:
South side of Skyway Drive, between Gateway Center Drive and College Avenue
East side of Mars Drive, between Skyway Drive and northern limit of Project site
West side of College Avenue, between RIRO intersection and Trilby Road
North side of Trilby Road, between church access and College Avenue
In the existing condition, sidewalks are absent at the following places:
West side of College Avenue, between Skyway Drive and RIRO intersection
North side of Trilby Road, between western limit of Project site and church access
Existing Bicycle Facilities
Skyway Drive: A bicycle lane exists on the south side. No bicycle lane is present on the north side.
College Avenue: No bicycle lanes are present on either side. Intermittent shoulders may be used by cyclists.
Trilby Road: Shoulders exist on both sides and may be used by cyclists.
Links to Neighboring Land Uses
JR analyzed pedestrian links to other land uses within 1,320 feet of the Project site. Figure 11 shows the
approximate area analyzed. Additionally, schools within 1.5 miles of the site were considered. The pedestrian
analysis worksheet according to LCUASS is included in Appendix B.
Improvements will be made to local pedestrian facilities including sidewalks and signalized intersection
crossings. Specifically, sidewalks will be added along Trilby Road and College Avenue as part of the Project. The
planned improvements to the Trilby & College intersection are expected to enhance pedestrian crossings.
Page 453
Item 9.
Trilby & College – Traffic Impact Study 28 | P a g e
Figure 11: Pedestrian Analysis Area
Page 454
Item 9.
Trilby & College – Traffic Impact Study 29 | P a g e
Conclusion
Below is a summary of conclusions and findings of this TIS.
Levels of Service
2022: In the existing condition, most intersection movements operate satisfactorily (LOS D or better).
However, some movements at the signalized intersections face operational issues, including some movements
at LOS E or F.
2024: Most movements at the study intersections are expected to operate at LOS D or better in 2024 with
total traffic. Levels of service at the intersection of Trilby & College are expected to improve as a result of the
planned intersection improvements.
2045: Most movements at the study intersections are expected to operate at LOS D or better in 2045 with
total traffic. However, multiple study intersections may experience movements that operate at LOS E or F.
Queue Lengths
Estimated 95th percentile queues are mostly acceptable. However, a few operational concerns exist, including:
NBT/SBT movements along College Avenue may block access to NB/SB turn lanes at both Skyway Drive
and Trilby Road.
SBT movement at Skyway & College has an estimated queue of 1,145 feet in 2045, which may interfere
with access to Saturn Drive to the north.
Pedestrian Facilities
Pedestrian facilities are mostly satisfactory in the vicinity of the Project site due to the area’s primarily
residential character. Improvements are expected to be made to sidewalks adjacent to the site, as well as
signalized intersection crossings at Trilby & College.
Recommendations
At the intersection of Trilby & College, JR recommends adding an eastbound right turn lane if the full
improvements are not completed by 2024. This turn lane would be jointly funded between the City and the
Project.
Page 455
Item 9.
College and Trilby Multifamily (Core Spaces) Neighborhood Meeting
Meeting Summary June 6, 2022
City Staff – Attendees: Clark Mapes, Planning; Steve Gilchrist, Traffic Operations
Applicant Contact:
Ken Merritt, JR Engineering
Project Information Presented:
• The proposed plan is for about 268 dwelling units in a mix of duplexes and townhomes, mix of 2
and 3 story buildings.
• The plan extends Mars Drive across the property from north to south, with additional internal
streets and a n-s trail connection across the western edge of the property.
• A community building with pool is included in the plan.
• The developer is coordinating with a City capital project to expand the Trilby intersection with S.
College Ave.
• Wetland, stormwater detention, and a natural area buffer around the wetland are major
aspects of the plan.
Questions/Comments and Answers (answers provided by the applicant group unless
otherwise noted).
C: The Trilby intersection already #1 crash location in City; wait until that intersection is improved.
Dangerous. Overpopulated. Throw more bodes into it is foolhardy.
A: would do a Traffic Study, identify improvements needed, and do them with the project as warranted.
The City has a capital project that will probably start construction in 2023. Will be looking at that along
with the project.
A: We are working with City to do a bike lane along Trilby. Then going west, there’s quite a bit of bike
use on a wide shoulder. Probably construct on the coattails of City Capital Project.
Q: I live in Ridgewood Hills [to the south of Trilby] – there’s a whole lot of development going on the
south end of that neighborhood, with a light at Triangle Dr. that people use to get to Avondale, and cut
through the neighborhood to get over to Shields because there’s no safe access from College to Shields
for people to keep out of our neighborhood. Why can’t you build a road through the natural area to the
south, over to Shields. When something happens at Trilby, Avondale gets used for that.
Community Development and
Neighborhood Services
Planning Services
281 North College Ave.
P.O. Box 580
Fort Collins, CO 80522
970.221.6750
970.224.6134 - fax
fcgov.com/developmentreview
Page 456
Item 9.
A: (City) We’re keeping an eye on Avondale/Trilby for a light. The last time we looked at that with a
proposed plan, it did not warrant a signal. Connectivity is limited – we understand. College to Shields is
a challenge. Ridgewood Hills has a 5th filing to signalize Triangle Drive.
Q: Doubling the population seems like it needs to include services like restaurants etc. What are
Constellation and Skyway – Collectors? I live in the Aurora subdivision. College/Trilby is critical. Messy.
Any consideration to overflow of traffic on Skyway? To College? I have had a difficult time for almost 25
yrs. Getting through the light. The soil is bentonite, hard to build on it.
A: Commercial restaurant etc. uses generate more traffic, I think you’ll find this more compatible. About
the soils – we appreciate that, are aware of that. Developer and builder will give attention to designing
foundations for that.
A: (City) Constellation is a local street. Skyway is not a Collector. Mars is a Collector.
Q: [Street] had to get speed bumps put in.
Q: Sale or rent?
A: Rent. It’s a unified ownership and operation.
A: Will do a traffic study to confirm whether capacity can be accommodated on those existing streets. It
will include Mars Landing.
A: There will be increased traffic but Mars also adds additional connectivity. Any time there are
concerns with speeding, Traffic Ops wants to hear about that and has a program that can make changes
if warranted.
Q: There was a meeting at Fossil Creek Park showing street improvements – what was going to happen.
A: Street improvements happen mostly with development; and once in a while with special public
capital projects. The South College Corridor Plan meeting was about a long term vision for future
change. It identifies major needs for funding, and change would come over decades.
Q: Why not go through open space – with a new roadway to Shields.
Q: Flooding overflows into our subdivision [Skyview?] Pond outlets blocked, snakes, branches, carpets.
A: The detention ponds in this plan will be maintained by both this HOA and the City.
Q: I found a traffic study for Skyway and Constellation. Mars Landing takes it over 1000, and a Local ios
limited to 1000. Can we isolate Mars from Skyway?
A: (City)The overall approach to connectivity is to not overwhelm any one street. The traffic study will
look at that, and that’s a purpose of this meeting, to i.d. things to look for in the study. We will look at
that in the TIS.
C: All those people will need water, fire, police, etc.
A: Developers are required to pay capital expansion fees to keep up with the growth of the city.
Page 457
Item 9.
Staff Presentation
at Administrative Hearing
July 24, 2024
Page 458
Item 9.
Administrative Hearing
Clark Mapes, City Planner
College and Trilby
Multi-Family
Project Development Plan
7-24-2024
Page 459
Item 9.
2Contact Information
Clark Mapes
City Planner
cmapes@fcgov.com
Questions/Tech Issues
Em Myler
Development Liaison
devreviewcomments@fcgov.com
970-224-6076
David Howell
Community Development
dhowell@fcgov.com
970-416-4390
Please email your name & full address to David to
receive the decision report.Page 460
Item 9.
3HOW TO ZOOM
Providing Public Comment on Zoom
~Please sign in with your first name and last name (or last initial).
~The Hearing Officer will call for public comment on each item after a short
presentation from staff and/or applicants.
~Use the “Raise Hand” button at the bottom of your screen to let us know you
would like to speak.
~OR, if you are listening to the meeting through a telephone, please dial *9 on
your phone to raise your hand.
~We will call on you and let you know when you are able to unmute yourself.
~State your name and address when you speak.
Page 461
Item 9.
4Contact Information
Page 462
Item 9.
Staff Introduction
Page 463
Item 9.
6Location
Mars Dr.
S. CollegeAve./US 287
SITE
Foothills Gateway
Page 464
Item 9.
Zoning
Page 465
Item 9.
Applicant Presentation
Page 466
Item 9.
9Overview of Main Considerations in Review
9
Prominent issues through four rounds of design and review with staff include:
•Earthwork grading—drainage–stormwater detention—wetlands mitigation
•US 287/South College Avenue Access Control Plan indicates a second
street connection to South College – grading proved infeasible.
Page 467
Item 9.
10Land Use Code Standards
•Natural habitat features
•Streets, streetscapes, alleys, and easements
•Traffic level of service
•Mix of building types
•Building placement in relation to sidewalks, and design variation
•Access to a park/gathering place
•Landscaping and existing trees
Page 468
Item 9.
Modification 1 – Building Footprint Variation
No two similar townhome buildings next to each other, including footprint
size and shape -- Section 3.5.2(C)
Page 469
Item 9.
Modification 1 – Building Footprint Variation
Staff: not detrimental to the public good, and meets requirements of subsection
2.8.2(H)(1) “equal or better” and (4) “nominal and inconsequential”
3-Unit Building Comparison
Page 470
Item 9.
4-Unit Building Comparison
Page 471
Item 9.
Modification 2 – A Street-Facing Facade
Staff: not detrimental to the public good, and meets requirements of subsection
2.8.2(H)(1) “equal or better” and (4) “nominal and inconsequential”
Page 472
Item 9.
Wetland Mitigation
Page 473
Item 9.
Habitat Features Mitigation
Page 474
Item 9.
Access Control Plan
Page 475
Item 9.
18
•Staff recommends that the Hearing Officer approve two Modifications of
Standards to Land Use Code subsection 3.5.2(C) for building footprint
variation; and 3.5.2(D)(2) for a street-facing facade without a doorway.
•Staff recommends that the Hearing Officer approve the College and Trilby
Multi-Family Development Plan, #PDP220009 based on the Findings of Fact
and supporting explanations found in the staff report and hearing materials.
Staff Recommendation
Page 476
Item 9.
Page 477
Item 9.
Type 1 Administrative Hearing is currently taking a break.
We appreciate your patience and will be back shortly.
20
Type 1 Administrative Hearing
Page 478
Item 9.
Applicant Presentation at
Administrative Hearing
July 24, 2024
Page 479
Item 9.
College & Trilby
Residential Community
Fort Collins, Colorado
Type I Public Hearing
July 24, 2024
Applicant & Developer:
ZOCALO Community Development
Consultants:
Planners . Engineers
Landscape Architects . Surveyors
Godden | Sudik
A R C H I T E C T SSEE WHAT COULD BE
Page 480
Item 9.
College & Trilby Residential Community
Site Vicinity
Zoned UE Zoned POL
Zoned RL Zoned RL
Zo
n
e
d
L
M
N
Mars Drive
Storage Star
Self-Storage
Mars Landing (FDP)
90 Multi - Family Units
(2 - 3 Story Bldgs.)
Zo
n
e
d
R
L
Existing Rt. In
& Rt. Out
Waypoint
Church
College Avenue (Hwy. 287)
Zoned CG
Sk
y
w
a
y
D
r
i
v
e
North
W.
T
r
i
l
b
y
R
o
a
d
South Gate
Church
College & Trilby
38.06 + Acres
Zoned:
CG - General
CommercialZiggi’s
Coffee
Zoned UE Zoned POL
Zoned RL Zoned RL
Foothills Gateway
Zoned LMN
Mars Drive
Storage Star
Self-Storage
Mars Landing
(Proposed MF)
Existing
Rt. In/Out
Zoned CG
Zo
n
e
d
U
E
Zo
n
e
d
C
L
/
L
M
N
Page 481
Item 9.
College & Trilby Residential Community
Site Context Map
Mars Drive
North
Zoned CG
Zoned RL
Zoned RL
Zo
n
e
d
C
L
/
L
M
N
Zo
n
e
d
U
E
W.
T
r
i
l
b
y
R
o
a
d
Foothills Gateway
Zoned LMN
Waypoint
Church
Sk
y
w
a
y
D
r
i
v
e
Storage Star
Self-Storage
Zoned UE Zoned POL
Ziggi’s
Coffee
South Gate
Church
College Avenue (Hwy. 287)
Mars Landing
(Proposed MF)
Mars Drive
Mars Drive
Existing
Rt. In/Out
Page 482
Item 9.
College & Trilby Residential Community
Proposed Overall Site Plan
Total Site Area: 38.06 Ac .
Total Number of Homes: 265 Units (Paired Townhomes, Duplex’s, Townhomes & Multi-Family
Gross Density: 7.0 DU’s/Ac. (No Density Requirement in the CG Zone District)
North
Tr
i
l
b
y
R
d
.
College Ave
Waypoint
Church Single Family
Residential Zoned RL
Foothills Gateway
Ziggi’s
Coffee
South Gate
Church
Existing
Rt. In/Out
Mars Drive
Lu
n
a
r
C
o
u
r
t
St
e
l
l
a
r
D
r
i
v
e
Sk
y
w
a
y
D
r
i
v
e
Mars Drive
Mars Landing
(Proposed Multi-Family
Residential)
Storage Star
Self-Storage
Detention Pond
Community
Rec. Center
Page 483
Item 9.
College & Trilby Residential Community
Enlarged Site Plan
Total Site Area: 38.06 Ac - 100%
Residential Lot Area: 10.60+ Ac. - 27.9%
Public Street ROW: 7.35+ Ac. - 19.3%
Private Drives, Alleys & Parking: 2.63 + Ac. - 7.0%
Total Open Space & Rec. Area: 17.48+ Ac. - 45.8%
Total Units by Housing Type: 265 Units - 7 Du’s/Ac.
Type A: Paired Townhomes: 16 Units
Type B: Duplex, Townhomes & Multi-Family: 89 Units
Type C: Duplex, Townhomes & Multi-Family: 160 Units
Community & Rec Center Building: 4,000+SF.
Tr
i
l
b
y
R
d
.
Single Family Residential
Zoned RL
Foothills Gateway
College Ave
Waypoint
Church
Ziggi’s
Coffee
South Gate
Church
Existing
Rt. In/Out
Mars Drive
Lu
n
a
r
C
o
u
r
t
Nova Lane
Galactic Lane
Moonbeam Way
St
e
l
l
a
r
D
r
i
v
e
N
Storage
Star
Self-Storage
Mars Drive
Detention Pond
Community
Rec. Center
Page 484
Item 9.
College & Trilby Residential Community
Enlarged Site Plan
Lu
n
a
r
C
o
u
r
t
College Ave
Ziggi’s
Coffee
Existing
Rt. In/Out
Mars Drive
Moonbeam WaySt
e
l
l
a
r
D
r
i
v
e
N
Detention
Pond
Community
Rec. Center
Galactic Lane
Lu
n
a
r
C
o
u
r
t
Page 485
Item 9.
College & Trilby Residential Community
Site Plan Section
Nova Lane
Tr
i
l
b
y
R
d
.
Single Family
Residential
Foothills Gateway
College Ave
Waypoint
Church
Ziggi’s
Coffee
South Gate
Church
Existing Rt. In
& Rt. Out
Mars Drive
Lu
n
a
r
C
o
u
r
t
Galactic Lane
Moonbeam Way
N
A: El. 5061.35
A: El. 5015.40
Page 486
Item 9.
College & Trilby Residential Community
Existing Natural Features
North
Irrigation Ditch (Removed & Piped)
Riverine Habitat - 0.77 Ac.
50’ Riverine Habitat Buffer - 5.18 Ac.
Existing Low Quality Wetland - 1.23 Ac.
100’ Wetland Buffer - 2.27 Ac.450’ Red-Tailed Hawk
Nesting Construction Buffer
(Required only if the Nest is
occupied prior to beginning Const.
between February 15 – July 15)
Tr
i
l
b
y
R
d
.
College Ave
Mars Landing
(Proposed Multi-Family
Residential)
Storage Star
Self-Storage Sk
y
w
a
y
D
r
i
v
e
Mars Drive
Mars Drive
Relocated & Piped Louden Irrigation Cannal
Page 487
Item 9.
College & Trilby Residential Community
NHBZ & Wetland Mitigation Plan
N
Detention Pond,
Wetland Mitigation Area
(3.5 Ac. Req. / 4.0 Ac Provided)
Tr
i
l
b
y
R
d
.
Waypoint
Church
Single Family Residential
Zoned RL
Foothills Gateway
Ziggis
Coffee
South Gate
Church
Mars Drive
Lu
n
a
r
C
o
u
r
t
St
e
l
l
a
r
D
r
i
v
e
100’ Wetland Buffer Area
Page 488
Item 9.
College & Trilby Residential Community
Pedestrian / Bike & Regional Trail Improvements
Detention Pond,
Tr
i
l
b
y
R
d
.
Waypoint
Church
Single Family Residential
Zoned RL
Foothills Gateway
Ziggi’s
Coffee
South Gate
Church 10 ‘ Regional Trail – 0.30 Miles
Mars Drive
Lu
n
a
r
C
o
u
r
t
St
e
l
l
a
r
D
r
i
v
e
N
Over 1 Mile of 8’ - 10’ wide Pedestrian & Off-Street Bike Trail
being developed with this proposed project!
8’ Existing Walk
10’ Existing Walk College Ave
Page 489
Item 9.
College & Trilby Residential Community
Enlarged Site Plan
Total Site Area: 38.06 Ac - 100%
Residential Lot Area: 10.60+ Ac. - 27.9%
Public Street ROW: 7.35+ Ac. - 19.3%
Private Drives, Alleys & Parking: 2.63 + Ac. - 7.0%
Total Open Space & Rec. Area: 17.48+ Ac. - 45.8%
Total Units by Housing Type: 265 Units - 7 Du’s/Ac.
Type A: Paired Townhomes: 16 Units
Type B: Duplex, Townhomes & Multi-Family: 89 Units
Type C: Duplex, Townhomes & Multi-Family: 160 Units
Community & Rec Center Building: 4,000+SF.
Tr
i
l
b
y
R
d
.
Single Family Residential
Zoned RL
Foothills Gateway
College Ave
Waypoint
Church
Ziggi’s
Coffee
South Gate
Church
Existing
Rt. In/Out
Mars Drive
Lu
n
a
r
C
o
u
r
t
Nova Lane
Galactic Lane
Moonbeam Way
St
e
l
l
a
r
D
r
i
v
e
N
Storage
Star
Self-Storage
Mars Drive
Detention Pond
Community &
Rec. Center
Page 490
Item 9.
The architectural goal is to achieve a cohesive community with varying themes of the
same “Farmhouse” style to balance diversity with a unified sense of place.
COLLEGE &TRILBY
6301 S. COLLEGE AVE.
Page 491
Item 9.
Modification of a Standard for Building Variation -- 3.5.2(C)COLLEGE &TRILBY
6301 S. COLLEGE AVE.
Page 492
Item 9.
Only six regions on the site that duplicate footprints side by side.COLLEGE &TRILBY
6301 S. COLLEGE AVE.
Page 493
Item 9.
3 plex series
•A – Paired Townhomes. (1) unit type, (2) elevations
•B - 2-story townhomes. (2) unit types, (2) elevations
•C - 3-story townhomes. (2) unit types, (2) elevations
3 "farmhouse" elevation styles - shuffled across the series’
•Traditional Farmhouse – Series B & C
•Transitional Farmhouse - Series A & B
•Scandinavian Farmhouse - Series A & C
SITE COMPOSITION
Page 494
Item 9.
Three different product types of varying height and scale to create a cohesive,
yet diverse community.
COLLEGE &TRILBY
6301 S. COLLEGE AVE.
Page 495
Item 9.
COLLEGE &TRILBY
6301 S. COLLEGE AVE.
SERIES C - 3-PLEX - TRADITIONALSERIES C - 3-PLEX - SCANDINAVIAN
Varying projections and recessed features
Page 496
Item 9.
SERIES B - 3-PLEX - TRADITIONALSERIES B - 3-PLEX - TRANSITIONAL
COLLEGE &TRILBY
6301 S. COLLEGE AVE.
Varying roof lines and building height
Page 497
Item 9.
SERIES C - 4-PLEX - TRADITIONALSERIES C - 4-PLEX - SCANDINAVIAN
COLLEGE &TRILBY
6301 S. COLLEGE AVE.
Varying porch entry conditions
Page 498
Item 9.
•A cohesiveness between color schemes with no
more than 1-2 materials shared across schemes.
•16 materials/colors total across the site
2 – TRANSITIONAL & SCANDINAVIAN1 – TRADITIONAL
3 – TRANSITIONAL 4 – TRADITIONAL & SCANDINAVIAN
COLLEGE &TRILBY
6301 S. COLLEGE AVE.
Page 499
Item 9.
Modification of a Standard for Street-Facing Facades – 3.5.2(D)(2)
COLLEGE &TRILBY
6301 S. COLLEGE AVE.
•1 building out of 85 without an entry along a street facing façade
•Enough architectural intrigue to avoid a blank, boring wall
Page 500
Item 9.
Thank you!
Page 501
Item 9.
Correspondence provided at
Administrative Hearing
(on or before)
July 24, 2024
Page 502
Item 9.
1
David Howell
From:Development Review Comments
Sent:Wednesday, August 7, 2024 9:05 AM
To:David Howell
Subject:Fw: [EXTERNAL] College & Trilby Multifamily Community, PDP220009
Categories:Orange Category, Purple Category
From: Scott Flugum <sflugu@yahoo.com>
Sent: Friday, July 12, 2024 10:48 PM
To: Development Review Comments <devreviewcomments@fcgov.com>
Subject: [EXTERNAL] College & Trilby Multifamily Community, PDP220009
Dear Mr. Mapes,
I am writing in response to the proposed multifamily community at College and Trilby. I understand
the need for increased housing though I would argue that single family dwellings are less expensive
and are a much better investment in the long run. However, my true concern with the proposed
development, and the other high density developments either proposed or already built in the South
College corridor, is the traffic along Trilby road. Access in and out of Ridgewood Hills (and other
areas) in the last few years has become difficult and dangerous during the rush hours. If the city is to
add this kind of population density in this area it must widen Trilby Rd. from Shields to Lemay at least
and preferably from Taft to Timberline. Two lanes each direction with both left and right turn
lanes between Shields and Lemay. This should be completed before any other developments in the
area are approved.
Regards,
David Flugum
512 Idalia Ct.
Fort Collins, CO
Page 503
Item 9.
1
David Howell
From:Development Review Comments
Sent:Wednesday, August 7, 2024 9:05 AM
To:David Howell
Subject:Fw: [EXTERNAL] College and Trilby Multifamily Community
Categories:Orange Category, Purple Category
From: jlizdbr@aol.com <jlizdbr@aol.com>
Sent: Sunday, July 14, 2024 7:51 PM
To: Development Review Comments <devreviewcomments@fcgov.com>
Subject: [EXTERNAL] College and Trilby Multifamily Community
We got the letter about this project and the upcoming meeting this weekend - but I have been wondering for a while now
what happened to Mars Landing? The last I heard the project was approved and would be "starting soon". Project should
have been finished by now but never even began. I live in the subdivision just North of Skyway Dr and am not looking
forward to any construction of any kind.
Thank You,
Jody Brammer
jlizdbr@aol.com
Page 504
Item 9.
1
David Howell
From:Development Review Comments
Sent:Wednesday, August 7, 2024 9:04 AM
To:David Howell
Subject:Fw: Oppositon to College & Trilby Multifamily Community, PDP 220009
Categories:Orange Category, Purple Category
From: Brad Neuschwanger <bneuschwanger@hotmail.com>
Sent: Tuesday, July 23, 2024 10:00 PM
To: Clark Mapes <CMAPES@fcgov.com>
Cc: Development Review Comments <devreviewcomments@fcgov.com>
Subject: [EXTERNAL] Oppositon to College & Trilby Multifamily Community, PDP 220009
Dear Clark and/or Em,
My wife and I purchased a home on Constellation Drive three and a half years ago. Constellation Drive is
located just west of the proposed community. Our neighborhood is relatively quiet but traffic has been
noticeably increasing every year. Traffic has increased so much that speed bumps have been installed on
Constellation Drive. There is now a LOT more traffic and it has made us question the purchase of our house. I
am VERY OPPOSED to the College and Trilby Multifamily Community PDP 220009. Looking at the proposal
description, it states that there will be 265 townhomes in 2, 3, and 4 plex buildings. If one is to assume that
each townhome has a minimum of two people inhabiting each residence, then that will increase the
population of our area by 530-2,120 people or even more! The congestion on Trilby Drive is already at an
alarming level (really unsatisfactory). Adding this level of people into the area is unwarranted and
irresponsible. I am writing this email to express my opposition to PDP 220009 and feel that my concerns are
warranted.
Please deny the proposal. It is the responsible decision.
Brad Neuschwanger (Concerned citizen)
Page 505
Item 9.
1
David Howell
From:Development Review Comments
Sent:Wednesday, August 7, 2024 9:04 AM
To:David Howell
Subject:Fw: [EXTERNAL] Comment: 7/24 College and Trilby Development meeting
Categories:Orange Category, Purple Category
From: Erin Purdy <erinmpurdy@gmail.com>
Sent: Wednesday, July 24, 2024 5:12 AM
To: Clark Mapes <CMAPES@fcgov.com>; Development Review Comments <devreviewcomments@fcgov.com>
Subject: [EXTERNAL] Comment: 7/24 College and Trilby Development meeting
Hi Clark and Em,
I live on Orion Court and just saw the notice for a virtual public hearing that is tomorrow for the
proposed build in our neighborhood. I am not able to attend the meeting due to work, but I'm hoping
that my comments can be included/considered?
I just have a couple of comments. We have lived in our home since 2009 and have raised our
children here. I was also on the HOA board for a couple of years. I have a couple of concerns that I
imagine will also be raised by others, as these have been concerns in the past.
1. We don't have sidewalks in our neighborhood and we already struggle with cars flying through on
Constellation and Skyway. We put in speed bumps a few years ago, but increased traffic is always a
problem. Because we don't have sidewalks, there are always people out walking their dogs and kids
on their bikes riding as safely as possible in the streets. While I understand the need to develop these
open spaces, I am always concerned about traffic. How will the safety of our neighborhood be
considered with the increased traffic? Even though access to the site will be from Mars to
College/Trilby, people no doubt will be driving down Constellation and Skyway. We have already had
many "close calls" in our neighborhood with dogs and children- we need to make sure the safety
needs of our already existing neighborhood is considered prior to allowing 265 new homes in the
area. In particular, Skyway has poor visibility, as people park their cars on the street next to their
houses. It is already difficult to see children and dogs at times. I worry that a new build will lead to a
disastrous accident with a dog or a child if our safety needs are not accounted for.
2. Our neighborhood has been chronically underserved by the city. We have often been skipped over
when it comes to improvements like bike trails, parks, etc. Yet, we are one of the last "affordable"
neighborhoods in Fort Collins. It is frustrating to see the cost of living continue to rise and yet
neighborhoods like ours are often overlooked in terms of city improvement. I realize that these types
of developments could potentially add improvement to our neighborhood, but given what we have
seen so far, I don't trust that. The horribly ugly huge storage unit built on the corner of Trilby and
College or the expansion of Tynan's are testaments to that. Homes that back to Tynan's now have
the pleasure of car lot flood lights on at all hours of the night and the homes on Constellation have the
pleasure of looking out their front windows at the ugly mass of a building that is the storage unit.
These "improvements" have not been helpful to us as a community or to our home values and it is
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Item 9.
2
frustrating that the city has allowed these types of projects. I have a hard time believing they would be
allowed in wealthier neighborhoods. Even with the way our side of town is zoned, the city has the
power to help support positive community improvement. That said, I don't believe that the city has
always had our best interest or our home values in mind with development. Will our neighborhood
have any updating/access to any community spaces associated with this build? What are the ways
this build will help our neighborhood? If this build will take something from our neighborhood (such as
increasing traffic on our already scary main streets), it is only fair that the build be required to offer
something positive to our neighborhood in return. What are the ways the city is considering this and
what plans does the developer have to keep our neighborhood's needs in mind?
Thank you!
Erin Purdy
she/her/hers
"Tell me, what is it you wish to do with your one wild and precious life?"- Mary Oliver
970-690-0017
erinpurdy.com
Page 507
Item 9.
1
David Howell
From:Development Review Comments
Sent:Wednesday, August 7, 2024 9:04 AM
To:David Howell
Subject:Fw: [EXTERNAL] Opposition to Proposed College & Trilby Multifamily Residents complex
Categories:Orange Category, Purple Category
From: Caleb Blakeman <calebblakeman@gmail.com>
Sent: Wednesday, July 24, 2024 2:31 PM
To: Development Review Comments <devreviewcomments@fcgov.com>
Subject: [EXTERNAL] Opposition to Proposed College & Trilby Multifamily Residents complex
To whom it may concern,
I hope this message finds you well. I am writing to express my strong opposition to the proposed
construction of a multiple residents apartment complex in our neighborhood.
While I understand the need for housing development, I believe that our area is not equipped to handle
such an influx of people at this time. Our neighborhood currently lacks essential amenities such as
sidewalks, which poses a safety risk for pedestrians. Parks and recreation with safe access for families
and residents. Additionally, the increased traffic from a large apartment complex would likely lead to
severe traffic jams, at Trilby, College, Skyway, and Constellation, further straining our already limited
infrastructure. These routs are brought to stand still even now at rush hour times and different times
throughout the day and week.
Moreover, there are no grocery stores or shops within a convenient distance, and besides one
elementary school, schools are quite far away. This lack of accessibility to basic services would create
significant inconvenience and potentially lower the quality of life for both current and future residents.
Not to mention wildlife and natural areas currently utilized by city residents that would be hindered and
potentially shifted irreparably. Wild birds, raptors, reptiles, rabbits, prairie dogs, deer, elk, all frequent
the area for safe places to be.
I urge you to reconsider this proposal and explore alternative locations that may be better suited for such
a development. Thank you for your attention to this matter.
Sincerely,
Caleb Blakeman
6108 Constellation Dr, Fort Collins, CO 80525
calebblakeman@gmail.com
Page 508
Item 9.
1
David Howell
From:Development Review Comments
Sent:Thursday, July 25, 2024 9:59 AM
To:David Howell
Subject:Fw: Oppose College & Trilby Multifamily Development
Categories:Orange Category, Purple Category
For the hearing decision
From: Christina Neuschwanger <cneuschw@hotmail.com>
Sent: Thursday, July 25, 2024 3:57 PM
To: Development Review Comments <devreviewcomments@fcgov.com>
Subject: [EXTERNAL] Re: Oppose College & Trilby Multifamily Development
Thank you, Em.
Our address is:
Brad & Christina Neuschwanger
PO Box 133
Bellvue, CO
80512
Sent from my iPhone
On Jul 25, 2024, at 9:04 AM, Development Review Comments
<devreviewcomments@fcgov.com> wrote:
Hi Christina,
With these types of hearings, the officer actually has ten business days to review all the
evidence, including the public comments, and make their decision.
We send notice of the decision out to all the commenters, including written commenters if
they include their address with their comment. If you want to send me your address, I can
include you on the list of recipients of that decision so you can stay in the know!
Thank you,
Em
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Item 9.
2
From: Christina Neuschwanger <cneuschw@hotmail.com>
Sent: Thursday, July 25, 2024 4:48 AM
To: Development Review Comments <devreviewcomments@fcgov.com>
Subject: [EXTERNAL] Re: Oppose College & Trilby Multifamily Development
Thanks. I was working tonight during the meeting.
Do you know what the hearing officer decided? Thanks.
Christina
Sent from my iPhone
On Jul 24, 2024, at 5:02 PM, Development Review Comments
<devreviewcomments@fcgov.com> wrote:
Hello Christina,
Thank you for your comment. I have sent it on to the hearing officer for
tonight's hearing to read.
If you would like to attend the hearing, it begins at 5:30 p.m. and you can join
the Zoom video using this link: https://fcgov.zoom.us/j/95314652856. You
are also able to also make a spoken comment if you have anything to add to
what you've already sent us.
Please let me know if you have any more questions!
Respectfully,
Em Myler
Neighborhood Development Liaison
From: Christina Neuschwanger <cneuschw@hotmail.com>
Sent: Wednesday, July 24, 2024 3:44 PM
To: Development Review Comments <devreviewcomments@fcgov.com>; Clark Mapes
<CMAPES@fcgov.com>
Cc: bneuschwanger@hotmail.com <bneuschwanger@hotmail.com>
Subject: [EXTERNAL] Oppose College & Trilby Multifamily Development
July 24, 2024
Re: College & Trilby Multifamily Community PDP220009
6301 S. College Ave
To Whom It May Concern (Em, Clark, Administrative Hearing
Officer/Committee):
Page 510
Item 9.
3
There is a virtual public hearing this evening to discuss a developmental proposal
of a 265 townhome neighborhood around the College/Trilby community. I will
be working at the time and cannot attend the virtual hearing.
I am opposed to this proposed development. My husband and I own a home on
Constellation Drive which is west of the site but within the vicinity of the
proposed area. There is already a good bit of congestion on the neighborhood
roads. Additionally, the College and Trilby intersection is sometimes quite
congested especially around typical commuter hours; that will increase greatly if
an additional 500+ people move into this proposed new site.
The current neighborhood is a rather quiet, peaceful place. It is a nice spot to
walk the dog/go for a walk with the husband, sit outside. Adding an additional
500-2000 people (234 units of 2, 3 & 4 bedrooms) will change the climate of the
neighborhood and increase the noise level, sense of crowding, etc.
I am asking that you please not approve PDP220009. Thank you for your
consideration.
Christina Neuschwanger
cneuschw@hotmail.com
Page 511
Item 9.
Community Response to Administrative Hearing (PDP220009)
The Issue
Two new developments are planned for the corner of Trilby and College, extending down to Skyway. Together, these are
expected to add ~360 apartments to our neighborhood. Much of this traffic will utilize Constellation, Skyway, Mars and Venus,
forcing collector-road volumes on streets that are residential local. This will decrease the livability of our neighborhood and
increase safety issues.
Larimer County Urban Access Street Standard (LCUASS)
https://www.larimer.org/sites/default/files/uploads/2021/ch07_-_street_design_and_technical_criteria_2.pdf
This document was reenacted August 1 of 2021. It was adopted by Larimer County, the City of Loveland and the City of Fort
Collins. It is an official publication and can be found on the link above. The criteria set in this document we consider to be
binding, hard and fast rules requiring adherence.
Conflicts between PDP220009 and LCUASS
Constellation, Skyway, Venus and Mars are local residential roads. According to the LCUASS, local residential roads have a
maximum average daily traffic of 1000 vehicles per day. It is likely PDP220009 will cause traffic volumes to exceed local road
limits and force these roadways to be used as collectors. These road were never meant to be collectors, nor do they have the
infrastructure to support safe multi-modal transportation. The roads fail as collectors as defined by the LCUASS with regards
to drive accesses & separations, road widths, curbs, bike lanes, sidewalks and number of dwellings served.
Our community was 'born' in the county and therefore have road layouts that differ from the City of Fort Collin. But our heritage
cannot be undone. To fix the square-peg-round-hole conflict existing between our roads and higher traffic of PDP220009
would require significant structural modifications to homes, driveways and streets to comply with Chapter 7 of the LCUASS.
Nothing in PDP220009 addresses these remedies.
Our roads are not antiquated. They are compliant with local road standards (lack of sidewalks being an exception) of Chapter
7 of the LCUASS. PDP220009 will destroy that consistency, causing both safety and livability problems. The existing physical
road layout/infrastructure may significantly limit development opportunities, but they are what they are. New developments
must conform to this reality and not violate Chapter 7 of the LCUASS.
Bikes, skateboards, scooters, pedestrians, children and dogs share the street with vehicles due to lack of sidewalks and
bicycle infrastructure. Multiple bus stops exist on Skyway/Constellation. Foothills Gateway, which serves people with
disabilities, directly borders with both Skyway and Constellation. Community usage of these roads is incompatible with
collector-like volumes that PDP220009 will entail.
Received via Tina Drake, Monday, July 29, 2024 4:19 PM
Page 512
Item 9.
1
David Howell
From:Development Review Comments
Sent:Wednesday, August 7, 2024 9:03 AM
To:David Howell
Subject:Fw: [EXTERNAL] PDP220009 in Skyway Neighborhood
Categories:Orange Category, Purple Category
From: Emma-Leigh Flynn <flynn.emmaleigh@gmail.com>
Sent: Monday, July 29, 2024 6:33 PM
To: Development Review Comments <devreviewcomments@fcgov.com>
Subject: [EXTERNAL] PDP220009 in Skyway Neighborhood
The development for PDP220009 is a clear violation of street standards and should be considered a
safety hazard by the city. The Skyway Neighborhood is not structured properly to provide a safe living
environment for that drastic increase in population. The development is not considering the significant
reform that should be required, including streets, sidewalks, and access to nearby schools.
In protest,
Emma-Leigh Flynn, 417 Skyway Drive
Page 513
Item 9.
1
David Howell
From:Development Review Comments
Sent:Wednesday, August 7, 2024 9:03 AM
To:David Howell
Subject:Fw: [EXTERNAL] PDP220009 Complaint
Categories:Orange Category, Purple Category
I am going to forward you all the comments I got for this project so we can be sure we send the decision
to everyone necessary. Even though a few came in after the hearing, I think we can still send the decision
to them
Em
From: Wendy D'Erchia <derchiws@co.larimer.co.us>
Sent: Friday, August 2, 2024 2:56 PM
To: Development Review Comments <devreviewcomments@fcgov.com>
Subject: [EXTERNAL] PDP220009 Complaint
Hello.
I live in the Aurora Hills neighborhood, and I support the complaint regarding PDP220009, College & Trilby
Multifamily Community, put forth by Marc Mims. This development plan will impact the livability and safety of
the surrounding neighborhoods.
Regards,
Wendy D'Erchia
Wendy D'Erchia (she/her) why pronouns matter
Service Desk Manager
Information Technology Division
200 W Oak St, Fort Collins, 80522 | 4th Floor
W: (970) 498-5063 | M: (970) 581-1026
wderchia@larimer.org | www.larimer.org
Page 514
Item 9.
1
David Howell
From:Em Myler
Sent:Wednesday, August 7, 2024 10:22 AM
To:David Howell
Subject:Fw: [EXTERNAL] Re: PDP220009 street issues
Categories:Orange Category, Purple Category
David, could you also include this person to receive the decision mailer?
Thank you so much
Em
From: Todd Sullivan <TSullivan@fcgov.com>
Sent: Wednesday, August 7, 2024 10:13 AM
To: Em Myler <emyler@fcgov.com>; Clark Mapes <CMAPES@fcgov.com>
Subject: RE: [EXTERNAL] Re: PDP220009 street issues
Since the DRCs don’t typically communicate with the commentors or the public other than to tell them about a
project, I think it would be the best approach, unless you feel differently. I am not opposed to reach out, just trying
to be consistent.
Thanks!
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TODD SULLIVAN
Development Review Coordinator
City of Fort Collins
970.221.6695 office
tsullivan@fcgov.com
From: Em Myler <emyler@fcgov.com>
Sent: Wednesday, August 07, 2024 10:11 AM
To: Todd Sullivan <TSullivan@fcgov.com>; Clark Mapes <CMAPES@fcgov.com>
Subject: Re: [EXTERNAL] Re: PDP220009 street issues
We've been getting a few comments on this project after the hearing. I have been letting the
commenters know we cannot accept comments after the hearing. But I have also been forwarding
their messages to David so he can include them in the mailing of the decision, just to be thorough. ]
Do you want me to respond to this person?
Em
From: Todd Sullivan <TSullivan@fcgov.com>
Sent: Wednesday, August 7, 2024 9:56 AM
Page 515
Item 9.
2
To: Em Myler <emyler@fcgov.com>; Clark Mapes <CMAPES@fcgov.com>
Subject: FW: [EXTERNAL] Re: PDP220009 street issues
Good Morning,
Please see the comment from Mr. Harper below that was submitted yesterday, 8/6, in relation to College & Trilby
Multifamily Community. We actually received the decision from the 7/24/204 hearing for this project yesterday
afternoon, even though this comment would have been too late to submit regardless. I did look at the Hearing
Notice mailing list and Mr. Harper was included in the mailing list and would have received the notice letter (I had
Leslie look through the returned letters and we did not receive it as undeliverable). Not sure how to handle this.
Thanks!
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TODD SULLIVAN
Development Review Coordinator
City of Fort Collins
970.221.6695 office
tsullivan@fcgov.com
From: Development Review Coordinators <DRCoord@fcgov.com>
Sent: Wednesday, August 07, 2024 7:37 AM
To: Todd Sullivan <TSullivan@fcgov.com>
Subject: FW: [EXTERNAL] Re: PDP220009 street issues
Todd,
This is a question for you!
Seth Goldstein
He/Him
Development Review Coordinator
sgoldstein@fcgov.com
970.416.8082
City of Fort Collins
From: Jack Harper <jdharp55@yahoo.com>
Sent: Tuesday, August 6, 2024 4:24 PM
To: Development Review Coordinators <DRCoord@fcgov.com>
Subject: [EXTERNAL] Re: PDP220009 street issues
Hello again,
Sorry for the mixup; I had it correct in the email title. It's PDP220009.
Thanks,
Jack Harper
On Tuesday, August 6, 2024 at 02:11:29 PM MDT, Development Review Coordinators <drcoord@fcgov.com> wrote:
Page 516
Item 9.
3
Hi Jack,
I’m sorry, but we don’t have a project under the number ODO2009. Is there a sign number from the yellow
Development Review signs, or another project number you can give me?
We appreciate your comments and in general comments from the public are collected either at a hearing, in
the form of a comment letter, or at council . It just depends on the type of project this is. Glad to help you out
once I can track down the correct project.
Thanks!
Development Review Coordination
City of Fort Collins Planning & Development Services
281 N. College Ave.
Fort Collins, CO 80524
970.221.6689
DRCoord@fcgov.com
From: Jack Harper <jdharp55@yahoo.com>
Sent: Tuesday, August 6, 2024 10:14 AM
To: Development Review Coordinators <DRCoord@fcgov.com>
Subject: [EXTERNAL] PDP220009 street issues
Hello City Staff,
I live on Constellation Drive in Fort Collins. A development is currently being considered (ODO22009) that would allow
about 265 new units to be built between Constellation and Hwy 287, with much of the traffic utilizing our neighborhood
streets including Constellation, Skyway, Mars and Venus. These streets were not built or ever intended to handle the
volume of traffic they would be subjected to if this plan is allowed to proceed. They would, in fact, be turned into collector
streets as defined by the Larimer County Urban Access Street Standard. These roads were never meant to fulfill that role,
nor do they have the infrastructure to support the load or volume they would be subjected to.
Our roads currently serve our neighborhood, including Foothills-Gateway, adequately. There are very few sidewalks, so
cars and pedestrians alike share the roads. Community usage (including adults and kids on bikes, skateboards, families
walking with pets) of these roads is incompatible with collector-like volumes that PDP22009 will entail.
Thanks for your thoughtful consideration.
Jack Harper
6500 Constellation Drive
Fort Collins, CO 80525
970-227-3439
Page 517
Item 9.
FIRST NAME LAST NAME ADDRESS CITY STATE ZIP CODE EMAIL NOTES Attended Virtual Hearing 7/24/24 Written comment date submitted
Erin Purdy 413 Orion Ct Fort Collins CO 80525 erinmpurdy@gmail.com Submitted public comment via email prior to hearing No Wednesday, July 24, 2024 5:12 AM
Christina Neuschwanger PO Box 133 Bellvue CO 80512 cneuschw@hotmail.com Submitted public comment via email prior to hearing No Wednesday, July 24, 2024 3:44 PM
Caleb Blakeman 6108 Constellation Dr Fort Collins CO 80525 calebblakeman@gmail.com Submitted public comment via email prior to hearing No Wednesday, July 24, 2024 2:31 PM
Brad Neuschwanger PO Box 133 Bellvue CO 80512 bneuschwanger@hotmail.com Submitted public comment via email prior to hearing Yes Tuesday, July 23, 2024 10:00 PM
Jody Brammer 514 Mercury Dr Fort Collins CO 80525 jlizdbr@aol.com Submitted public comment via email prior to hearing No Sunday, July 14, 2024 7:51 PM
David Flugum 512 Idalia Ct Fort Collins CO 80525 sflugu@yahoo.com Submitted public comment via email prior to hearing No Friday, July 12, 2024 10:48 PM
Jack Harper 6500 Constellation Drive Fort Collins CO 80525 jdharp55@yahoo.com Submitted public comment following hearing No Tuesday, August 6, 2024 10:14 AM
Emma-Leigh Flynn 417 Skyway Drive Fort Collins CO 80525 flynn.emmaleigh@gmail.com Submitted public comment following hearing No Monday, July 29, 2024 6:33 PM
Tina Drake 404 Starway St Fort Collins CO 80525 drakechristina@hotmail.com Submitted public comment following hearing No Monday, July 29, 2024 4:19 PM
Wendy D'Erchia Not provided derchiws@co.larimer.co.us Submitted public comment following hearing Yes Friday, August 2, 2024 2:56 PM
Christy Olivas 5852 Neptune Dr Fort Collins CO 80525 em_loren21@yahoo.com Requested copy of hearing decision via email No
Mark & Donna Brosal 317 Uranus St Fort Collins CO 80525 Provided public comment during hearing Yes
Carrie Rose Brennan 5835 Mars DR Fort Collins CO 80525 Provided public comment during hearing Yes
Marya Not provided Provided public comment during hearing Yes
Marc Not provided Provided public comment during hearing Yes
Caleb Blakeman Not provided No comment provided Yes
Aaron Squire Not provided No comment provided Yes
Joy Not provided No comment provided Yes
Katrina Not provided No comment provided Yes
Christy Not provided No comment provided Yes
Rebecca Powell Not provided No comment provided Yes
"Resident"Not provided No comment provided Yes
Miller United Real Estate Not provided No comment provided Yes
Jeff Not provided No comment provided Yes
Spindel Not provided No comment provided Yes
1-720-442-4796 Not provided No comment provided Yes
"resident"Not provided No comment provided Yes
Kathy Not provided No comment provided Yes
Page 518
Item 9.
Type I Administrative Hearing
Findings and Decision
on August 6, 2024
Hearing Officer: Lori B. Strand
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Verbatim Transcript of
Administrative Hearing
July 24, 2024
Page 553
Item 9.
CITY COUNCIL
CITY OF FORT COLLINS
Held July 24, 2024
Remote
In the Matter of:
College and Trilby Multifamily Community #PDP220009
Meeting Time: 5:30 PM, July 24, 2024
Hearing Officer: Staff Members Participating:
Lori B. Strand Clark Mapes, City Planner
Em Myler, Neighborhood Development Liaison
Alisa Babler, City Traffic Engineer
1
Page 554
Item 9.
2
LORI STRAND: Good evening, or afternoon, everyone. My name is Lori Strand; I’ll be the 1
hearing officer tonight. Tonight the City of Fort Collins will be conducting an administrative hearing, 2
virtually, for College and Trilby Multifamily PDP220009, and that hearing is now open. This hearing is 3
being held using remote technology, pursuant to Ordinance number 079. Tonight, all public participation 4
will be done through Zoom, online, or by phone. We’re going to keep applicants muted most of the time 5
just to limit background noise and to ensure everyone can hear. And to that, Mr. Merritt, do you mind 6
pressing mute for now, because I think it is the construction in the back that might be what folks are 7
hearing. Thank you. Yep. 8
Let’s see, there will be an opportunity a bit later for members of the public to comment. At that 9
time, we will ask members of the public to let us know that they’d like to make a comment or ask a 10
question by raising their hand, and that’s a button you can see on your screen. If you’re calling in by 11
phone, you can accomplish the same thing by hitting star nine if you wish to speak, and we’ll go over that 12
again when we get to the public comment period. 13
So, what we typically do, and I’m going to do it right now before I hand things over to Mr. 14
Mapes, is read through the rules of conduct and the order of proceedings so that everybody knows what’s 15
going to happen this evening. So, for the rules of conduct for type one hearings, this is a legal hearing 16
and I will moderate it for fairness to ensure that everyone who wishes to speak can be heard. When 17
you’re speaking, please, you know, follow my instructions. There are expectations of folks that are 18
attending, members of the audience must be recognized by me before they can speak, public comment, as 19
I just noted, will be limited to the public testimony portion of the hearing…we’ll show you the order of 20
the proceedings in a minute and you’ll see where that is. Speakers must confine their remarks to the 21
merits of this application, and speakers should address me and maintain a courteous tone and avoid 22
injecting personal tone into the debate. Personal attacks are not tolerated, nor questioning the motivations 23
of the speaker. So, if you can share the order of proceedings, Clark, we can let folks know what to 24
expect. 25
And so, this is the order of proceedings. We’re going…in a moment here, I’m going to have Mr. 26
Mapes give a project introduction, and then the applicant this evening will present the project, and then 27
we’ll ask Mr. Mapes to speak to the criteria and the project in a bit more detail, then we’ll move on to 28
public testimony, and then we’ll see the applicant and City staff will have an opportunity to respond to 29
comments that were raised during public testimony, or questions that were raised during public testimony, 30
and then once that’s all done, we’ll close the hearing for tonight and I will have ten business days to issue 31
a written decision from tonight. If you’re a member of the public and you would like to receive a copy of 32
the decision, when you are providing your public testimony, please make sure you state your name and 33
your address so we can make sure we get you a copy. 34
If you could share the screen on technical difficulties, that would be great. I think if you go 35
back…and I think it’s Em’s. So, is it David tonight, or is it Em, if folks are having difficulties hearing or 36
seeing, or letting us know that they want to participate? Would that be you, tonight, Em? 37
EM MYLER: Yeah, folks are welcome to reach out to me at either my email address or that 38
phone number, email is preferred, thank you. 39
LORI STRAND: Okay, great. So, those are on the screen. I know in the last couple public 40
hearings that we’ve had, we’ve had an interpreter. Do we have an interpreter this evening? 41
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Item 9.
3
EM MYLER: We do not have interpretation for this hearing. 1
LORI STRAND: Okay, I should have asked that right away, but I know it’s a new process. 2
Okay, so, we are going to go ahead and get started with Mr. Mapes giving us a project overview. 3
CLARK MAPES: Very good. This will be very brief, so the applicants, you can be ready. I’m 4
sure that the applicants will also show this location and maybe some context in their presentation, but just 5
briefly, this property is a thirty-eight acre commercially zoned parcel of land in south Fort Collins, along 6
South College Avenue, which is also US Highway 287…it goes from Texas to Montana. This view is 7
looking west over the highway with north to the right. A lot of the images we see here this evening are 8
probably going to be like this because of the shape of the parcel being oriented sideways if you look at it 9
with north to the top. 10
It’s a plan for a development of a whole new neighborhood, townhome style dwelling units. And 11
it doesn’t really affect this proposal, but the staff report notes that this piece of land has been in for 12
numerous development concepts since it first was annexed into the city in 1988, and the first several 13
concepts were commercial, and then since 2019, we’ve seen several concepts along the lines of the plan 14
that’s proposed for residential dwelling units, even though the site is zoned commercial. 15
And there you just see the basic zoning map, the South College Avenue corridor along the 16
highway is all zoned this general commercial…there’s two different zone districts, but anyway, this one is 17
in the general commercial zone district. Generally the whole highway corridor has commercial zoning, 18
and you see here how this falls within that. I’m going to just leave it at that, and with this, I’m going to 19
stop sharing and let the applicants present the plan. 20
LORI STRAND: Alright, so I think that’s you, Mr. Merritt. Thank you. 21
KEN MERRITT: Just give a moment to get my presentation open. Good evening everyone, 22
thanks for this opportunity to present College and Trilby Residential Development to you tonight. There 23
we go, can everyone see my screen? Thank you. 24
KEN MERRITT: My name is Ken Merritt, representing the applicant this evening, Zocalo 25
Community Development. Here with me as well tonight that will assist me in the presentation is Chris 26
Walla with Godden Sudik Architects that will go over the architectural components of the project. 27
Clark, as always, does a great introduction to the project. Just a couple of things I want to point 28
out. Our property runs, for the purpose of this entire presentation, north will be the right-hand side of the 29
screen, as Clark had mentioned, because of the configuration of the property. The property is 30
approximately thirty-eight acres, it is zoned CG, general commercial, and the proposed land uses of multi-31
family and townhome and duplex residential are all permitted uses within this zone district. Our property 32
runs from Trilby Road all the way to Skyview. You’ll notice that there is this panhandle that occurs on 33
the north end of our project that actually provides connectivity to Skyway Drive which we’ll talk about a 34
little bit later. 35
To the north of our development is an existing Storage Star self-storage facility; it was built 36
several years ago. A portion of Mars Drive intersects Skyway Drive on the north and is extended just 37
south of the Storage Star self-storage center, but does not…has not been completed all the way to our 38
north boundary line as well. What you’ll notice is that there’s an existing, to our south and east, there is 39
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4
an existing…if you can see my cursor…there is an existing right-in, right-out that occurs that provides 1
access to Ziggi’s Coffee, which is a drive-through coffee shop, and the Southgate Church which is located 2
on the very southeast corner of our property. This property is directly adjacent to a major City of Fort 3
Collins capital improvement project that has just gotten underway several months ago that will improve 4
the intersection of Trilby and College by providing additional turn lanes and through lanes to the 5
intersection. To the west of our development, west being to the top of the image, is the Westpoint 6
Church, existing single-family residential, and the Foothills Gateway development, as well as 7
development on the northwest corner which is residential and urban estate residential north of us. 8
I want to just try to give you a little bit of context to how our site fits in with the surrounding 9
development. This is an image of our development superimposed into the overall aerial, and you’ll notice 10
that we are extending Mars Drive, as where it terminates on our north, through our site, and it will 11
intersect Trilby Road, providing us a point of connection from Skyway to Trilby as well as a third point 12
of connection at our existing right-in, right-out off of College Avenue at the southeast corner of our 13
property. 14
Zooming in on the site as a whole, I want to point out that the property is thirty-eight acres, we 15
are proposing two hundred and sixty-five units that are made up of paired townhomes, duplexes, three- 16
and four-unit townhomes, as well as multi-family. And although there is no maximum density, or 17
minimum density in the CG zoning district for residential, the gross density of this project is seven 18
dwelling units per acre, which is only a moderate density for a development of this type. Looking at our 19
development, what you’ll notice on the west side of the project, which is to the top of the image, you’ll 20
notice a significant open space area that we’ll talk about in more detail. We’ve provided a significant 21
separation from the existing residential development to the north so as to create a friendly buffer to our 22
adjacent neighbors, both the single-family residents in Gateway as well as Westpoint Church. To our 23
very north of the development, Mars Landing is a proposed multi-family development that has not yet 24
been fully approved, but we will, if we begin construction prior to Mars Landing, we will extend Mars 25
Drive from where it terminates just south of the storage facility through our development to intersect 26
Trilby Road which aligns with the right-of-way of Trilby Road on the south side of Trilby. Also, we will 27
be extending this existing right-in, right-out that now only provides access to Ziggi’s Coffee and 28
Southgate Church…we’ll be extending that, we’re calling that Stellar Drive, and that will head west and 29
intersect Mars Drive. 30
There’s a series of…to our northeast of the development is a fairly significant detention pond 31
which will serve as our wetland mitigation and natural area buffer, and the area to the west of our 32
development will be our natural habitat buffer zone. To the very southeast of our development is our 33
community rec center which is approximately a 0.85 acre site which includes a four thousand square foot 34
building, recreation and fitness center, community gathering spot, and pool for the development. 35
Looking more closely, and just going over some of the metrics for the development. The 36
property is thirty-eight acres in size, the residential lot area. Many of these properties are lotted, so each 37
of the individual townhomes will be on fee simple lots. The residential lot area is approximately 10.6 38
acres, or twenty-eight percent of the site. The public street right-of-way is 7.3 acres, nineteen percent of 39
the site, private drives and alley about 2.6 acres, or seven percent, and probably the most significant 40
metric here is the total open space, which includes the recreation community center, or rec area, is 17.5 41
acres, or nearly forty-six percent of the site is open space. 42
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The site is made up of several different building types. Our type A unit, which is sixteen units, is 1
located along the western edge of the property, and is shown in this sort of light yellow, if you can see my 2
cursor…there are sixteen paired townhomes, these are the only units within the two hundred and sixty-3
five units that have front access garages. All the other units are all alley-access garages. Our type B, 4
there are eighty-nine type B units, which are illustrated in this bright yellow, these are two-story 5
townhomes. By the way, actually the type A paired townhomes are actually three-story townhomes, and 6
we’ll talk more about that in a moment. Our type B units are two-story townhomes, and those are 7
duplexes, three- and four-unit townhomes, as well as multi-family; there are eighty-nine of those. And 8
shown in this brown, or tan color, are our type C units, which are three story townhomes, duplexes, three- 9
and four-unit townhomes, and multi-family, there are a hundred and sixty of those, making up the full two 10
hundred and sixty-five units spread out throughout the site. And as I mentioned, there’s a four 11
thousand…approximately a four thousand square foot community center building. 12
LORI STRAND: Can I ask a quick question…and maybe you’ll get to it. So, and, if you don’t 13
know and you’ve got to look and come back, that’s fine. But, for multi-family…so, I’m assuming that 14
means kind of your apartment, you know, not separate lots per unit…one lot, several units. And it sounds 15
like they’re…in terms of the building type, more of a townhome type, they just happen to be on one lot. 16
Is that correct? 17
KEN MERRITT: Correct. So, that’s a very good question, Ms. Strand. All of our lots, all of our 18
units, with the exception of these multi-family, if you can see my cursor, just north of Lunar Drive, are all 19
townhomes, either duplexes, paired townhomes, or three- and four-unit townhomes, all on fee simple lots. 20
The only units that are actually on…not on lots…are these twenty-five homes in this area. These are 21
three units on one lot, making up our multi-family contingent of homes. 22
LORI STRAND: And the only reason I’m asking for these details is because Type one review, 23
I’m allowed to approve only a certain number of multi-family, so that’s why I’m asking for specifics. So, 24
the Code allows me to approve…let’s see…it says multi-family that contains fifty dwelling units or less, 25
so it sounds like that’s well under that. So, what’s the total number of multi-family units? 26
KEN MERRITT: The total number is twenty-five units. 27
LORI STRAND: Twenty-five multi-family? And do you know the total number of bedrooms? 28
Because the second component of my authority is seventy-five bedrooms or less, which I think we’re well 29
below, but if you could let me know. 30
KEN MERRITT: Of those twenty-five units, I believe…bear with me a second. 31
CLARK MAPES: Ken, are some of them two-bedroom units? 32
KEN MERRITT: Yes, there are. So, about half of those are two-bedroom units and half are 33
three-bedroom, so it’s going to be under the seventy-five bedroom count. 34
LORI STRAND: Great. Okay, thank you. Sorry for interrupting, but I just didn’t want to forget 35
that. 36
KEN MERRITT: Okay, no, those are very good points. I’m sorry I didn’t provide that level of 37
detail. But, you’re correct, we’re under the fifty unit, and I believe, unless Chris corrects me, otherwise 38
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we’re under our seventy-five units for those twenty-four…there are actually twenty-four multi-family 1
units. 2
LORI STRAND: Twenty-four, got it. 3
KEN MERRITT: Yes. 4
LORI STRAND: Thank you. 5
KEN MERRITT: Okay, so just continuing, the site is made up of a combination of public streets, 6
which are defined by Rover Drive, Mars Drive, Lunar Court, and Stellar Drive. These are public, 7
dedicated right-of-ways [sic] which include eight-foot tree lawns and five-foot detached sidewalks, curb 8
and gutter, and asphalt drives. Mars Drive is a collector road, whereas Rover Drive, Lunar Court, Stellar 9
Drive, all function as local streets. There’s also a network of private alleys which provide direct access to 10
the garages for all the units, except for the sixteen type A paired townhomes on the west side of the site. 11
Our alleys are all privately owned and maintained; they include a public access as well as an emergency 12
vehicle access and utility easement so that fire and police and emergency services can circulate through 13
those, and they’ve all been designed to be able to pass an emergency vehicle as well as a fire truck. 14
Do want to look a little more closely, Ms. Strand…this would have addressed your issues. These 15
are our multi-family units that actually access a major pedestrian spine and provide unobstructed access to 16
a public right-of-way, and just south of that is our recreation center. I do want to backtrack for quick 17
moment. I will point out that there are three areas on our site…whereas all our homes, approximately a 18
hundred and eighty-five of our homes, all have direct access to the public walkway, they face a public 19
right-of-way, there are three areas that actually provide access via a major pedestrian spine. Our first is 20
on the northeast corner of the site; there are six units that have a major pedestrian spine that provide 21
unobstructed access to Mars Drive. On our southwest corner of the site, there are fifteen units that rely on 22
a major pedestrian spine that provide access both to Rover Drive as well as Trilby Road, and our multi-23
family units, as we’ve already discussed, have a major pedestrian spine that provides access to Lunar 24
Court. So I apologize, with answering that other question, I missed that point. 25
As Clark pointed out in his presentation, there have been a number of proposals on this property 26
that have actually been encumbered by some significant both topographic as well as natural area features 27
that have not made it possible to develop this site. We’ve worked very closely with our architect to 28
develop…integrate both architecture and site planning so as to deal with the significant topographic 29
condition that exists on the site. Although Mars Drive is relatively flat from Trilby Road to where we tie 30
to the north, there’s only eight feet of elevational difference, the elevation difference that exists between 31
our western boundary and the right-of-way of College Avenue is approximately forty-six feet. So, we 32
worked closely with Godden Sudik Architects to develop architecture that would enable us to terrace our 33
drives as we move from west to east across the site. And if you look at the section below, on the far left is 34
our western boundary line, and that represents our natural habitat buffer zone, and what you’ll notice is 35
our first unit that you encounter is our three-story paired townhomes, which allow us to actually make up 36
about thirteen feet of elevation as we terrace across the site. As we head to the east, we have our three-37
story townhomes which have a two-story view from Rover Drive, as viewed from Rover Drive, but three 38
stories as viewed from our private drive, Nova Lane. As we continue across the site, our two-story 39
townhomes, which allow us to terrace now down to Mars Drive and so on as we cross the site. So, we’ve 40
actually been able to deal with this extreme topographic condition by actually using our streets and our 41
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building architecture to help terrace across the site so we can pick up nearly forty-six feet of elevational 1
difference between our west boundary and our east boundary. 2
Additionally, though, there were some significant environmental constraints on the site that we 3
had to deal with. Historically, the Louden Ditch ran through the property, and in 2018, the Louden Ditch 4
Company actually relocated the ditch and piped the ditch along the western boundary of our property. 5
However, an agreement was made in 2018 that would require any development on this site to actually 6
mitigate for the loss of this existing natural feature, which was the open irrigation ditch. It was defined by 7
our environmental planner, AloTerra, as a riverine habitat, which is approximately 0.77 acres in size. The 8
City’s requirements for this ditch, if it had existed, would have been a fifty-foot riverine habitat buffer on 9
each side of the ditch which would require approximately 5.18 acres of buffering. The total of both the 10
riverine habitat mitigation and the buffering required that we would have approximately 5.94 acres of 11
buffering of natural area habitat buffer reclaimed on the site. Additionally, there’s an existing detention 12
pond, which over the decades has developed into a low-quality wetland area because of its lack of proper 13
drainage. This low-quality wetland as well as the existing detention pond is proposed to be removed and 14
replaced with a high-quality wetland. The existing wetland is approximately 1.2 acres, and given its size, 15
we are required to have a hundred-foot buffer surrounding the newly mitigated wetland area. So, our 16
wetland mitigation, as well as buffer, is approximately 3.5 acres in size. 17
Looking at how we accomplish this mitigation throughout the site, we’ve already talked about the 18
natural habitat buffer zone being placed along the western boundary of our property, not only as a 19
mitigation for the existing Louden Ditch, which once existed on the property, but also to provide us a 20
significant buffer from our western neighbors, residential and the Foothills Gateway project. We are 21
required to have 5.94 acres of required natural habitat buffer; we have 5.95. As you look to the northeast 22
where our detention pond is shown in blue, we are building a high-quality wetland area and our detention 23
pond, and we have surrounded that on all three sides with a seventy-five- to a hundred-foot wetland buffer 24
area. Our total wetland mitigation and buffering needed to be 3.5 acres as required, and we have 25
accomplished approximately four acres of both wetland mitigation as well as wetland buffer. 26
LORI STRAND: Can I ask a quick question on… 27
KEN MERRITT: Sure, please. 28
LORI STRAND: And…just because you mentioned a 2018 agreement with respect to what was 29
required for the…on the western side, where the ditch used to run. So, was that an agreement with the 30
City, and has that been modified to allow for this? 31
KEN MERRITT: Perhaps Clark could maybe address that. It was an agreement that was not 32
made with our current landowner. I think it was an agreement for the relocation of the ditch between the 33
Louden Ditch and the City of Fort Collins. By the way, I’ll point out that the pipe that they’re relocated 34
as an open ditch provides a significant amount of water to the City of Fort Collins to irrigate their parks 35
system. 36
LORI STRAND: Alright, thank you. 37
CLARK MAPES: And the answer is yes…it was an agreement, when that ditch was piped, the 38
ditch company came in, and actually that was a development project, administrative review, development 39
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PDR review project, and that was the requirement, that was an agreement. It doesn’t really matter now, 1
but the owner attempted to restore it and it just never worked. It has failed since that time. And so… 2
LORI STRAND: So there’s not any sort of T that needs to be crossed to make sure that… 3
CLARK MAPES: Right. 4
LORI STRAND: …the party… 5
CLARK MAPES: Again, I asked this team why…how they ended up on the hook, and it sounds 6
like they just simply are willing to…to re-restore it and take another attempt at it. 7
KEN MERRITT: I will point out…very good question, again Ms. Strand…I appreciate that. I 8
will point out that we had a riverine habitat area, but we’re not replacing it with another riverine habitat 9
area, we’re replacing it with an upland grassland meadow. So, it is a different type of natural feature, but 10
it is intended to be cooperative with the agreement that was made back in 2018. 11
LORI STRAND: Thank you. 12
KEN MERRITT: So, moving on, in addition to our on-street, if you would, pedestrian walkways 13
and tree lawn areas that we have that border all of our public right-of-way, we have a significant number 14
of pedestrian and bike trails that we’re developing that actually go around the perimeter of the project. 15
Our first, shown in pink along the western boundary, through our natural habitat area…habitat buffer, we 16
are developing an eight-foot-wide pedestrian bike trail that extends from Trilby Road all the way to 17
Skyview Road. We’re also extending that…that’s approximately a half mile of eight-foot-wide 18
pedestrian bike trail that we’ll be building with this project. We’re also extending that eight-foot trail 19
south to Mars Drive where it will cross at an at-grade crossing, and extending that south of Mars Drive to 20
the right-of-way of College Avenue. Additionally, we have an eight-foot bike trail, pedestrian bike trail, 21
that is separated with an eight-foot tree lawn along the Trilby Road right-of-way. Where that will connect 22
when it approaches the existing Southgate Church, the City of Fort Collins will be rebuilding along with 23
their CIP project, an eight-foot-wide attached pedestrian walk along that portion of the south side of the 24
Southgate Church. And then, finally, we’re building approximately three-tenths of a mile of ten-foot 25
regional trail from our north boundary to Stellar Drive where it will cross Stellar Drive and tie on to an 26
existing ten-foot trail that will take pedestrians to the corner…our new intersection of College and Trilby, 27
part of the City CIP project. So, all in all, we’re developing over one mile of eight-foot and ten-foot-wide 28
pedestrian and off-street bike trail being developed with this project. 29
That concludes my portion of the presentation, unless anyone has any questions of me right now, 30
and I’d like to hand it over to Chris Walla with Godden Sudik Architects to describe the architecture for 31
the development. 32
LORI STRAND: I have a number of questions, but I’m going to wait until after Clark goes and 33
see if we narrow them down. 34
KEN MERRITT: Okay, thank you. 35
LORI STRAND: Mr. Walla? 36
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CHRIS WALLA: Thank you. 1
KEN MERRITT: I’ll stop sharing; thanks, Chris, take it over. 2
CHRIS WALLA: One second here. And, everybody see the screen? 3
KEN MERRITT: Yes. 4
CHRIS WALLA: Okay. So, I was asked to highlight our architecture and walk you through the 5
site, and I’ll touch on a few key features as well as a couple of design modifications that we’re 6
addressing. 7
To start, as we’ve kind of touched on, two hundred and sixty-five units across the site, eighty-five 8
individual buildings. Our goal, you know, as designers, was to come up with a variety…or, a cohesive 9
community, but still providing that variety as dictated or required by the planning standards, the design 10
standards. So, as you can see in just this sample rendering, you know, multiple buildings side-by-side, 11
but of varying styles, heights, colors, materials, and plex configurations, the massing varies throughout. 12
And again, the challenge for us is how do you provide that diversity across the site while still trying to 13
find that common thread throughout so it’s not just a montage of buildings side-by-side. 14
Due to, you know, the reality of the development, and trying to keep in mind that diversity as 15
well as be efficient, you know, we don’t have two hundred and sixty-five individual unique unit types, 16
obviously, multi-family or kind of shared unit types throughout so, what I’ll try to highlight anyway is to 17
show, you know, just where that variety is coming from and what the character throughout the site is. 18
So here, you’ve the site plan already, just a repeat, but the first…what I touched on earlier a 19
minute ago was saying there are two areas, two design modifications that we are looking at, the first of 20
which…modification of a standard for building variation. Essentially as I understand what that is, is we 21
don’t want two of the same identical building footprints side by side. So, here again in a community of 22
eighty-five buildings, you know, the challenge is how do you stagger A, B, C, A, B, C all the way down 23
the road. 24
So, the areas that are in question looking for this modification are really just highlighted to…or 25
isolated to these six areas that are circle here. And you can kind of see with the shading that we’ve 26
provided…we’ll look at each of these three individual areas independently. So, here, and this slide kind 27
of…we’ll jump to the architecture in a second here, but this is…kind of for anybody who likes the 28
numbers, or the charts, or just to really highlight what we’re looking at on site. The site plan itself, with 29
the colors…you can kind of start seeing that nowhere on the site, next to each other, will we ever have the 30
same building twice. And when I say the same building, we find that variety, again, between architectural 31
style, plex configuration, material palettes, colors, et cetera. So, we’ve…the site plan, again, shows just 32
that polka dot effect in essence to show how much variety we actually are providing. And again, just for 33
those who like the numbers, kind of broken it down…and, you know, I won’t spend time reading through 34
all the rows and columns, but again, the graphic on the left side there…eighty-five buildings, three 35
elevation styles, of those, seven individual, unique unit plan types. With those styles and plex 36
configurations, ten building types. We have four different color and material palettes. And so, in 37
essence, when you boil it all down, we have twenty-eight individual building types spread throughout the 38
site. So, twenty-eight building types out of a total of eighty-five…pretty good percentage. 39
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The architecture itself…we started with a theme of the farmhouse. You know, trying to find a 1
common thread or a concept of design. And so, using that as kind of a springboard or a starting place, the 2
farmhouse, we then kind of deviated off into a couple of different directions. So, what we’re calling, you 3
know, a traditional farmhouse, a transitional farmhouse, and a Scandinavian farmhouse. You know, 4
we’ve all heard the farmhouse architecture and the style, and kind of the front porches and the board and 5
batten sidings, and you know, simple gable roofs, and neutral color palettes, just…you know, that style 6
that we’re somewhat familiar with. We took that, again, as a starting point, and then that would consist of 7
our traditional farmhouse, what we’re calling it, and then went off in a couple of different directions for 8
the transitional and Scandinavian. But again, and I’ll circle back a couple of times here just to touch on, 9
we still want to define that common thread throughout the site, so that you come to this development and 10
you don’t feel like, you know, it’s night and day different as you march down the road. 11
So, in this first view here that I’m showing…just, again, kind of an example of across the street, 12
or sidewalk, the yard from each other, side by side, marching down the road, you’re going to get this 13
building height variation. Here’s…Ken, you were touching on how on one side of the street, or in this 14
case, sidewalk, you’ve got the three-story element, and then on the other side a two. So you’ll have 15
throughout the site, plenty of that variety. And again, just a sample rendering kind of starting to show 16
some of those materials…how we’re applying the different aesthetics. 17
LORI STRAND: So is this the multi-family area…just by that… 18
CHRIS WALLA: Let me see… 19
LORI STRAND: Looking at that middle open space, I just remember kind of the fish shape. 20
CLARK MAPES: That is the multi-family. 21
KEN MERRITT: Yeah, this is our multi-family area, correct. 22
LORI STRAND: Okay, but that’s not one of the areas where you’re seeking a modification? 23
CHRIS WALLA: So, no, and so let me…again, let me go to the next slide here. To start, that 24
first…two of those zones…the modification…in these areas, we’ll have our, what I’m showing here, the 25
Scandinavian and the traditional. So, back to the root of that modification. The requirement is different 26
footprints. So, here, we have two styles of buildings, a three-plex next to a three-plex, with generally the 27
same footprint. You know, the overall dimensions are going to be the same. We’ll have some features, 28
over-framing and aesthetic elements that kind of change it up so it’s not a cookie cutter necessarily, but 29
they are generally the same footprint. But, in these images here, you know, I think you’d be hard pressed 30
to say that these are the same building. You know, with the architectural character, the one of the left 31
being that Scandinavian farmhouse style, the one on the right representing more of that traditional 32
farmhouse. Side by side, just style itself, they are two different buildings, you know, aesthetically. Then, 33
on top of that, we will be laying in a different color palette as you march down the road. So, you’re not 34
going to have, you know, a white building next to a white building next to a white building. There will be 35
some variety, and that’s what we were trying to highlight and represent with the polka dot site plan. 36
So, again, this first screen showing two of those styles side by side, and you can start to pick up 37
certain elements like, you know, the different treatment of the front porch, different roof lines, obviously, 38
window patterning, materials, and again, colors. 39
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LORI STRAND: So, just an observation, and I’ll just admit that I’m struggling with, with this 1
modification request is…so they’re in 3.5.2 where this standard exists for single-family attached 2
buildings. There are two standards in there, and the first standard is, you know, you can’t have building 3
designs that are next to each other that have the same footprint size and shape, and that’s what you’re 4
asking for a request for. And then there’s a second standard that says that building design shall be further 5
distinguished by including unique architectural elevations, unique entrance features, coordinated overall 6
theme of roof forms, massing, proportions, and other characteristics. So, which are the things that…so, 7
what I’m hearing, or what I was reading is is that it’s almost as if you’re justifying the modification 8
request because you’re complying with the other component of the standard. So, I don’t know, just 9
maybe keep that in mind when you’re giving your presentation because I don’t know…there’s two 10
components to the standard and you’re complying with one, but I don’t know if complying with one 11
justifies not complying with the other…for what it’s worth. 12
CHRIS WALLA: So, aesthetically, or the design features, the details, that’s the compliant part. 13
The footprint, the overall boundary of the building, that’s what, again…agreed, we are…similar from side 14
to side…which is back to, again, the modification request. So, I’ll…let me highlight the next area on the 15
site. 16
So, same condition, or same…similar but two different areas. In this case, the transitional 17
architecture versus the traditional. So, again, similar to the last slide, same footprints, or similar 18
footprints, but different aesthetic treatments and design on the architectural style. In this case, again, roof 19
lines and building heights and different window treatments, different material, and as always, the 20
materials and color palettes will change. 21
And then the next one, and this kind of shows an example of…although, in this condition, side by 22
side, we have two flour-plexes, but elsewhere on the site, in these areas that aren’t circled or highlighted, 23
we will have that four-plex next to a three-plex, so obviously in that case, complying with the not the 24
same footprint. But, here’s an example, again, of our Scandinavian next to the traditional, different 25
treatments of the front porch and, again, materials, roof lines, colors. So, in this one, again, circling those 26
two areas, only two conditions on site where that variance, or that modification, would be requested, or 27
applicable. 28
An example here…just wanted to kind of show the material palettes, just up close. Again, a 29
cohesive style from throughout the site. It think not one necessarily clashes with the other, but subtly, 30
there are differences, different roof colors, different materials. We’ve tried to incorporate some of these 31
natural elements, different body paint colors…the main body paint colors on every style, every palette. 32
As it says here, sixteen materials and colors across the site. So, we’ve kind of, of these four, tried to 33
incorporate them in different ways and mix and match, and not one…well, I’d say one or two materials or 34
colors will cross from one scheme to the next, but that helps with that cohesiveness and that common 35
thread. 36
So, that kind of wraps up that first modification of standard. And the second, and was kind of 37
highlighted more so in the site plan, but there is a requirement, as we say here, modification of a standard 38
for street-facing façades. So, there’s one instance on this building where you will not see a front door 39
directly from that street. And you can see in the site plan where that building is highlighted. You know, 40
our argument in this scenario is, as you’re rounding this curve of the road, you’re going to…we are saying 41
that, yes, there is no side door on this elevation, but as Ken was explaining earlier, based on the grading of 42
the site, here’s an instance where you have one of those two-story, three-story buildings. So, to put a side 43
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door on this elevation, one, functionally doesn’t necessarily make sense, and in this one instance as we 1
said, as you’re rounding that curb, doesn’t feel to me like it’s going to be a detriment to the overall 2
architecture to, I guess, not have that door on the street-facing side. So, that, again, is our second request 3
for modification of the standards. 4
And, with that, I just wanted to wrap that up. Another view of, kind of, again, you can see the 5
architectural variety, see the grading challenges we’re facing, and another example of just the overall 6
style and feel of the community. And that was it. 7
LORI STRAND: Great, thank you. And I will say that I’m not struggling as much with the 8
second request. But, I’m going to ask Mr. Mapes to do his presentation now, and then I will ask my 9
questions and the applicant will probably have to chime in on some of them, so thanks. 10
CLARK MAPES: Okay, hello, thank you, can you hear me? Even though it says, you are muted, 11
you got me? Okay, good. 12
Alright, just some…that’s pretty complete, pretty thorough. I have a few points to make, we’ll 13
see if the slides match the few little notes that I wrote down. Just overview of the main considerations in 14
review. There really were not all that many significant considerations. I don’t have on here this parsing 15
and counting of the housing types, building designs…those two things, which the architects call building 16
types and building styles. So, this was one of our considerations, getting straight on the variation that’s 17
required. I did put that on here. But, mainly, this project…the big issues that took multiple iterations and 18
research and hydrology investigation and so on, were this combination of the grading, drainage, 19
stormwater, wetlands. And then also, early on, there’s a South College Access Control Plan for the 20
highway that indicates a second street connection to South College, and through a couple iterations of 21
attempts to do that, more on the northern part of the site along College Avenue, that just proved 22
infeasible. But, that was one of the main things. Otherwise, I think I say in the staff report that there 23
weren’t all that many other issues other than just typically working out the utility separations and all of 24
that kind of thing. 25
The plan meets all of these standards. I won’t run through all of these here in the presentation, 26
but they’re all in the staff report sort of in order of the way they were considered in the process. This isn’t 27
necessarily the order they are listed in the Code, but the natural habitat buffer zone idea for both the 28
wetlands and the ditch corridor on the north…on the west, traffic, traffic study, traffic level of service, 29
which to the extend we’ve heard anything from neighbors, it’s been about traffic. And my interpretation 30
of what we’ve heard from the neighbors is that there’s already traffic that people don’t like, and that is 31
typical in every single development plan that we ever have, and it seemed focused mainly on the 32
intersection of South College Avenue and Trilby, which the City has been hearing loud and clear for 33
years, and that’s now being worked on, as Ken mentioned, to add lanes. 34
These are the topics that are required for a development like this, and the plan provides all of 35
these. I’ll let you just glance at those. Regarding this, yeah, the footprint, size, and shape… 36
LORI STRAND: So, are you sharing, because I’m not seeing a shared screen? 37
CLARK MAPES: Now am I sharing? 38
LORI STRAND: Yes. 39
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Item 9.
13
CLARK MAPES: Okay, well you didn’t miss much. 1
LORI STRAND: No, until you said ‘this,’ that was kind of the… 2
CLARK MAPES: Here are the topics that didn’t necessarily need to read all of these…this is 3
where I said you can just glance at these topics. Anyway, the plan addresses all of these topics that are 4
typical in any new neighborhood development. 5
These locations where the footprint, size, and shape is not varied, the applicants just did a good 6
job of going through this. Staff does find that, for the purposes of the standards, which are to provide 7
variety, visual interest, and pedestrian-oriented streets in neighborhood development, staff finds that this 8
situation here with this amount of variation makes it such that the main way that any member of the 9
public would really perceive the same footprint, size, and shape would be if they were looking at this 10
plan, and in fact, looking quite closely at the plan. I find myself looking at the plan, you’ve got to really 11
look to find these locations where this occurs. So, that’s been part of staff’s finding. The applicants ran 12
through all these examples of that variation. 13
One thing…while you’ve asked the question and while they were speaking, I happen to know the 14
origin of that standard that puts footprint, size, and shape into the standard, and Ms. Strand knows that in 15
most of these hearings, I usually point out something in the Code that staff is considering changing, and 16
we are considering changing that so that the building variation is accomplished by all of those things, the 17
variations in the elevation and roof lines, entrances, window patterns, footprint, size…just put footprint, 18
size, and shape in the list along with everything else. The standard comes from a development where the 19
planner that was working on it was frustrated by this effect that you see here. This is the background on 20
the standard, just to kind of answer your question and to let you know what’s in my mind as I evaluate 21
this. These are pretty nice buildings actually, but the plan had a sort of a barracks look to it, and to try 22
and get away from that, not that these buildings look like barracks, but anyway, just the repetition in the 23
plan was…the origin of that being put into the standard. So, with that, I sort of apologize for always 24
pointing out things in the Code that are, that even staff is questioning. 25
And then on the other modification of standard, eighty-five buildings, here’s one, I point out in 26
the staff report that it’s in a location where any viewer is going around a curve, so the view is changing, 27
which reduces the focus on this end of the building. There’s a couple of trees there, and this is a sloping 28
lot. It’s not one of those lots with the thirteen-foot side slope, side yard sloping, but it is a slope, so 29
they’re really…I don’t know if it could even have a doorway, you know, just functionally it doesn't work. 30
So, those are the reasons why we just thought the whole thing was very nominal and inconsequential. 31
That is all I was going to present. But I would recommend approval of the two modifications and 32
then approval of the development plan. 33
LORI STRAND: Thanks. I’m going to run through some questions before going to public 34
testimony, because I think most will be rather quick. But, going back to my original question on…and 35
it’s a terminology and semantics question. And, as you point out, Clark, when I was reading the staff 36
report, I was reading the Code, and I’m reading the plans, and they’re using different language. And 37
that’s something that’s tricky because I have to write a decision that reflects what’s in the Code. So, just 38
to be clear, type one review is required for multi-family dwellings, but we already talked about that, I 39
know that’s one of the uses that’s being requested, and those standards are met in terms of the density and 40
the number of bedrooms. So, I know multi-family is one. 41
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Item 9.
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The other one is single-family attached dwellings, which is defined in your Code as a single-1
family dwelling unit attached to one or more with each dwelling located on its own separate lot. Is that 2
the only other use? I mean, I know duplex is a word that’s used in the site plan…duplex is not a word 3
that’s used in… 4
CLARK MAPES: It is used in the Code…and, again… 5
LORI STRAND: But, not in the use table, so I’m just…in terms of…yeah, not in the use table. 6
CLARK MAPES: The three types are duplexes…some of the two-unit buildings down in the 7
multi-family area are not single-family attached. So, those would be duplexes by definition. Some of 8
this, again, this is just our Code. 9
LORI STRAND: But, it’s not a duplex, is it a two-family dwelling? 10
CLARK MAPES: No, because it’s…down in the multi-family area, they are not on their own 11
lots. 12
LORI STRAND: Right, so a two-family dwelling is not…so a two-family dwelling is a dwelling 13
containing two dwelling units, period. So, again, I’m looing at the use table, so I just want to use the right 14
use term. So, the three uses are multi-family… 15
CLARK MAPES: Two-family dwelling, yeah. 16
LORI STRAND: And two-family dwelling, okay so those are the uses, okay, and those are the 17
uses that I have authority to give approval of. So, when the site plan uses the term duplex, it’s referring to 18
two-family dwellings meaning two units on one lot? 19
CLARK MAPES: Excellent, yes. And, again, I sort of mentioned this briefly, but talking with 20
the applicant team…yeah, we just have different terminology, that’s right. Two-family dwelling, single-21
family attached dwellings, and multi-family are the three types. 22
LORI STRAND: Okay. Again, and this is just, I want to use the right words in the decision. So, 23
just to confirm, Clark, we are reviewing this, and again, this is more for the record because I didn’t see it 24
in the staff report, we are reviewing this in the Land Use Code…not the new one, not the one that went 25
into effect in May…the application has been going for it sounds like a very long time, so we are operating 26
under that before May Land Use Code. 27
CLARK MAPES: Yeah. 28
LORI STRAND: So then I had a question, you know, when the FDP comes forward, will that 29
also be reviewed under the old Code? 30
CLARK MAPES: Yeah. 31
LORI STRAND: Let’s see…I had a question, and it doesn’t matter because you hit parking 32
requirements, but I saw the site plan say…and Mr. Merritt, you can answer this question…I saw the site 33
plan say that alley driveway aprons only for temporary parking, and I just wondered what does that mean? 34
Is that just loading zone, or, I mean, what do you mean by that? 35
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Item 9.
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KEN MERRITT: Well, that’s a good question, as were the others. So, the City has a standard 1
that the driveway apron cannot be any less than eight feet in depth from the edge of the through lane to 2
the face of the garage, or it would need to be twenty feet in depth in order to be able to park on it. I think 3
the idea of the eight feet, and Clark, you need to verify this for me, but the idea behind the eight foot of 4
depth is that somebody could come in, parallel park on their driveway apron, unload their groceries into 5
their house, jump in the car and run off to the next errand. But, you can’t do that on a six foot wide apron, 6
or a four foot wide apron because you would be blocking the emergency vehicle access drive. So, over 7
the years, this has evolved to be a standard that we’ve kind of worked with. So, it is temporary parking. 8
CLARK MAPES: I did not realize that you…it never occurred to me. Do you have the eight foot 9
aprons? 10
KEN MERRITT: Yes. 11
CLARK MAPES: Well, that’s excellent, and that’s exactly right. There are alleys that have 12
garages with five feet there or something, and I’ve gone around, I’ve seen photos…it doesn’t bother me, 13
but it bothers the fire department, mainly, because people do, people will park, so, yeah, that’s great. 14
KEN MERRITT: So, Ms. Strand, I’ll also point out that all our units, both the front access 15
garages, which have a twenty-foot driveway apron, our two car garages, and all our alley access, which 16
only have pretty much almost all of them only have an eight-foot apron, they are also two car garages. 17
So, on this site, there are whatever two sixty-five times two is, so…a bunch of parking. 18
LORI STRAND: And I also saw the right-of-way…on the right-of-way, there’s parking lanes too, 19
so there’s…because I did see there was only kind of one area that’s like a guest parking type area, but 20
there’s other right-of-way that I assume is not permitted, it’s just anybody can park there, so that would 21
provide additional parking. 22
KEN MERRITT: Right, on street parking is intended for the public and guests of the residents. 23
There are two very small parking areas, one on the northwest side, one on the south…kind of southwest 24
side, some overflow areas for parking that we were able to fit in. And there would be no parking allowed 25
in the alleys except on the driveway aprons, because it will be signed for no parking in order to keep those 26
emergency vehicle access drives open. 27
CLARK MAPES: I’m sure that you saw in the staff report, the two-bedroom units, however 28
many of these units are two bedroom, they would require 1.75 spaces per unit, but the plan is providing 29
two. So, those 1.75 can all be added up in a development like this, and it’s not that each individual unit 30
has to provide 1.75, it’s…so, that’s just one more aspect of this being very parking friendly. 31
LORI STRAND: Yeah. Just a note…I noticed on sheet one of the site plan that it shows the 32
boundary of the project on the other side of the road, so you might want to just fix that. 33
CLARK MAPES: College? The other side of College? 34
LORI STRAND: Yeah, yeah. It’s the right shape, but it’s almost like flipped. So, that’s just an 35
observation. So, I answered my next question because I saw the plat. You know, one of the things, and 36
this is just, you know, when I was reviewing, it was really helpful when Mr. Walla showed where the 37
modifications would apply to, so, you know, if approved, I would ask…that would be a condition to make 38
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Item 9.
16
sure you show where they are, where they are going. I didn’t see where they were going when I looked at 1
the actual plan. Let’s see…I’ve already seen that. Sorry, I had a ton of questions, but you guys did 2
handle a lot of them. 3
Okay, so, for the traffic impact study, and I did look at the neighborhood meeting notes from a 4
couple years ago, and has been stated that traffic was, as typically is, the major concern. And we’re a 5
couple years out, and it sounds like the City’s project is underway. So, will that be done before this 6
project goes online Clark? Yeah, so it will be. So, looking at the key findings of the traffic improvement 7
[sic] study where there is an operational issue, it’s not because of this project, but it sounds like the 8
intersection improvements are going to get those out of the E and F category for current…for 2024…is 9
the numbers there, but…so, this is my question. So, the traffic impact study said some movements are 10
expected to operate at an LOS E or F in 2045. Is that without the intersection improvements? 11
KEN MERRITT: So, we had actually analyzed this project in two ways because the City’s CIP 12
project was not yet fully funded, and we did not know whether those improvements would be in place at 13
the time this project would come online and be occupied. So, we had to look at the failing conditions that 14
exist at the intersection of College and Trilby without those improvements being made, and what we 15
would have to do in order to make the project level of service at these failing movements function. As 16
this project has kind of spanned over two years in development, that project, the CIP project, went from 17
being only partially funded to fully funded and actually under construction. So, we anticipate that all 18
those improvements, the proper turn lanes, the dual left-hand turn lanes heading eastbound on Trilby, the 19
turn lanes, the right-hand turn lanes from College into the site, will all be in place and fully functional 20
when we actually have our project occupied. So, we looked at it from that standpoint. 21
LORI STRAND: Okay, that’s helpful, thank you. 22
KEN MERRITT: Frankly the project couldn’t have been built without the CIP project happening. 23
LORI STRAND: It just wouldn’t function? 24
KEN MERRITT: Well, it wouldn’t function, and you couldn’t…the economics of making those 25
improvements were so great, you couldn’t afford to do it. I’ll point out that this CIP project, as I 26
understand it, is the largest CIP project the City of Fort Collins has ever done, that’s how extensive these 27
improvements are. 28
CLARK MAPES: And…we have one of our City traffic engineers here…let’s just see if there’s 29
anything she’d like to add, because traffic is the main concern… 30
LORI STRAND: Yeah, that would be great because I thought the traffic study maybe was from 31
2022 and it sounds like things have changed. But just, I guess, what’s your viewpoint on traffic in this 32
area? 33
ALISA BABLER: Well, I think, if you look at the traffic study itself, page twenty if you have it 34
in front of you…I apologize…page twenty and twenty-one show their build analysis, and what it tells you 35
is, they have a background traffic, so background would be what’s there if this development doesn’t 36
happen, and then with the project is total traffic next to it. So, you can kind of see in there that we would 37
anticipate with the CIP project built, that College and Trilby overall would have a level of service D, 38
which is acceptable, we’re not talking grades in school. A couple of movements that might see an F…the 39
Page 569
Item 9.
17
eastbound left is going to struggle in 2045, but that’s pretty typical for these really large projects, and if 1
you look at it, you can see that it would struggle without this project. 2
LORI STRAND: Right. 3
ALISA BABLER: With the no build, on page twenty-one, the intersection without improvements 4
is really undesirable and most people are going to try to find another way to get through town than drive 5
through it…movements, turn lanes…your west-bound through lane is going to fail. Overall, you’re at an 6
F for that intersection. So, I think the CIP project is really going to make a huge difference there. 7
LORI STRAND: Thank you, and thank you for being here. And we may need you after public 8
comments. Okay, let me see…let me flip through one more stack of notes that I had. Clark, so I think I 9
saw right before this hearing, you sent over a couple written comments, but as I usually do, I just wanted 10
to confirm, are those the only written comments that we’ve received? And I will open them, but I saw 11
that right before. 12
CLARK MAPES: Unless Em has other ones? 13
EM MYLER: I want to make sure that you got all of them. I have five, and with Katie out, we’re 14
a little bit disheveled on who sends those to you, so I just wanted to make sure all of them got there. I 15
was forwarding them to David…and wanted to see…it sounds like we have a few more. 16
CLARK MAPES: I think one of them was from today, so that one, and then one that I had a while 17
ago, and it’s just traffic, traffic, traffic, and Trilby College, Trilby College. But yeah, Em, if you could… 18
LORI STRAND: Yes, please send them to me…make sure I have them. 19
EM MYLER: Okay, Lori, I can also read them aloud for you tonight if you’d like, we can do 20
both, we can do one, either way, whatever you prefer. 21
LORI STRAND: No, you can just send them to me, that’s fine…as part of the record, that’s fine. 22
EM MYLER: Sounds good. 23
LORI STRAND: Thank you, I’m glad we confirmed that. So one thing you didn’t talk about, 24
Clark, is consistency with the Comprehensive Plan, and I know you referenced the City Plan and the 25
South College Corridor Plan. And, on the South College Corridor Plan, just confirming, that’s a plan…is 26
that…and I will look at it, but I know that you had a statement here that development of the tract as 27
residential wasn’t foreseen. I think after the Corridor Plan, the City Plan was updated. So, what does the 28
City Plan contemplate, if anything, for this property, for this area? 29
CLARK MAPES: It designates this…it has a Structure Plan for a framework of land use in the 30
city…I’m sorry, my phone is ringing. Can you hear my phone ringing? 31
LORI STRAND: No, you’re okay. 32
CLARK MAPES: Okay, then never mind. I think Zoom seems to screen out…sorry…designates 33
place types, kind of a vision for land use going into the future, and this is the urban mixed-use place type, 34
and it describes it as a mix of uses, all kinds of retail, commercial, residential, and generally just describes 35
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Item 9.
18
the vision for the future for this urban mixed-use place type as evolving more with changes…to become 1
more walkable, more pedestrian oriented. But it doesn’t say anything specifically about this stretch of 2
South College, that’s all in the South College Corridor Plan. 3
And this part of South College Avenue, I could show you on Google view or something, but it’s 4
an old commercial strip developed outside of the city, in Larimer County, frontage roads…it’s a huge 5
amount of paving, the wide highway, then the frontage roads, there’s no landscaping, there’s no 6
sidewalks. It kind of serves a special function, the South College Corridor Plan describes that special 7
function of the kind of incubator quality of the building, a lot of low…metal buildings, things like that. 8
So, the South College Corridor Plan just mostly focuses on the corridor and some of the issues that come 9
with that outdated County development that the City has now annexed. Very little to nothing…the main 10
thing that is shows specifically on this property is it recognizes the second point of access, which didn’t 11
work out, and recognizes that trail called Skyridge Trail, and just identifies it as commercial, but it 12
doesn’t say anything more about that. 13
So, there’s really nothing in conflict, it’s just that staff has been surprised, starting in 2019, that 14
anyone would take commercial property and propose it for residential. I wonder, going forward, if we’ll 15
see more of it, as retail changes and commercial changes. But residential, it’s what the place type… 16
KEN MERRITT: Clark, may I add one thing to that, the South College Corridor Plan, and you 17
mentioned this, but I just want to punctuate it, did speak to the eight-foot pedestrian bike trail being 18
necessary from Trilby Road to Skyview Drive, that was…that did come from that Plan. 19
CLARK MAPES: Yeah, that’s the main thing, I’d say the only thing really pertinent to this 20
particular property… 21
LORI STRAND: Thank you both for that. Sorry…I muted myself. So, we are now going to turn 22
to public testimony, so I will just read those instructions again. So, now is the part of the hearing set 23
aside for public comment. If you are participating using a computer or the Zoom app, please click the 24
raise hand button on your screen to let us know if you have a question or would like to speak. If you are 25
calling in from your phone, you’ll need to hit the asterisk nine to raise your hand. Please keep your hand 26
raised and we will call on you…we’ll just go through the list. Again, if you could please state your name 27
and spell it if its tricky, and if you want to get a copy of the decision, please provide your address so that 28
we can send you that. Let’s see, I will pull up the attendees, and I do see a couple hands raised, so we’ll 29
just go in order that I see them. 30
So, the first name that I see is Carrie Brennan…oh, just one note. We’re going to go through all 31
the comments, and I know a lot of times people ask questions, and I can assure you that Mr. Mapes and 32
the applicant are taking note of your questions and comments, and once we close the public comment 33
period, I will give both City staff and the applicant an opportunity to respond to those. But this isn’t 34
going to be a dialogue, so we’ll just receive your questions, receive your comments, and then when we’re 35
done with everything, provide an opportunity for the City and the applicant to respond. So, thanks. 36
Sorry, Ms. Brennan, you are up first. And I don’t hear Ms. Brennan; I don’t know if you’re muted, I can’t 37
tell. 38
EM MYLER: It doesn’t look like she’s muted, but perhaps maybe doesn’t have a microphone 39
connected, or is connected to the wrong one. 40
Page 571
Item 9.
19
LORI STRAND: So is there a way that you could use the chat function to maybe…with her, Em 1
and we could go to the next person and then come back? 2
EM MYLER: That sounds good to me. Carrie, I will send you a chat. 3
LORI STRAND: Thank you. So, I’m going to move on to the next person and we’ll come back 4
to Ms. Brennan. So, the next person I see with their hand raised is Mark Brosal, and I do see that you 5
have mute on, so you can unmute. Oh, there you go. 6
DONNA BROSAL: Hello. 7
LORI STRAND: Hello 8
DONNA BROSAL: Hello, my name is Donna Brosal, and I have lived here for forty-six years in 9
the Skyview South subdivision. My husband and I are very concerned about the traffic, as I understand 10
people get frustrated hearing that, but no more frustrated than trying to get out from Constellation to 11
Trilby, trust me. You know, it sometimes takes us fifteen, twenty minutes now; I can only imagine what 12
it’s going to be with more traffic. So, that is a concern. However, my biggest concern, other than 13
obviously a lot more people in our area that I don’t think we have room for, but the biggest concern for 14
me is, what are you planning to do with the wildlife that is there? There are prairie dogs there, and a lot 15
of people in our subdivision feel very strongly that they should not be killed. If you want to build on 16
there, you know, they need to have an appropriate plan for moving them or doing something with them 17
other than just killing them. I’m sure you are probably aware of the, you know, the building on Lemay 18
and Trilby and how they went ahead and killed those prairie dogs, and there was quite the outcry from the 19
community. So, we’re going to try to avoid that here. Hopefully someone can come up with a plan to 20
relocate those animals. Thank you very much, I appreciate your time. 21
LORI STRAND: Thank you, Ms. Brosal. We’ll make sure that the applicant and City respond to 22
your question. So, I’m going to move on, and I haven’t forgotten about Ms. Brennan, but I’m going to 23
move on to Marya – M-A-R-Y-A, and it looks like… 24
MARYA (NO LAST NAME PROVIDED): Yes. 25
LORI STRAND: Thank you. 26
MARYA: I have a couple questions, the first being that the multi-family verbiage is very 27
confusing. From what I saw from the plans, there’s a bunch of duplexes, triplexes, quadplexes, and with 28
the bedroom requirements, it seems to me that it’s way over what the zoning requirement is, where it’s, 29
you know, no more than seventy-five bedrooms, or fifty multi-family dwelling units. So, I’m confused 30
on that, and it seems very vague, and maybe vague on purpose, so I think that is very confusing and 31
concerning. 32
And of course, traffic is the biggest concern. Skyway is a tiny road. There are multiple problems 33
getting out from Skyway across College, and then you’re going to, I mean, even more than quadruple the 34
traffic on that road, and it’s going to be impossible. And also, I’m concerned with people turning east on 35
Trilby. I know that it will be improved, but east on Trilby even with improvements would be very 36
impossible if you add on, you know, another eight hundred cars to the already full road. So that means 37
that people will be cutting through on Skyway and Constellation to go probably out to the new light right 38
Page 572
Item 9.
20
by Tynan’s there, cutting through a residential neighborhood, speeding, there’s no sidewalks on Skyway 1
or the connecting road to Tynan’s. Traffic already is horrendous in our neighborhood, and dangerous 2
without sidewalks. My daughter was almost hit by a car riding her scooter here as it is, and we’re going 3
to quadruple traffic with no plan in place for Skyway. I feel like the Trilby plan is fine and good, but I 4
don’t feel like it addresses this level of traffic at all. So, it is a huge concern safety wise, and Skyway is 5
not even already keeping up with the level of traffic right now. I believe it’s listed as…let me see what 6
kind of a road it is…it’s a local and collector road, and it…we are already over the traffic limits on that 7
road. So, it’s extremely concerning and an unsafe addition to our neighborhood. 8
LORI STRAND: Okay, thank you for your comment. The next hand I see is Marc. 9
MARC (NO LAST NAME PROVIDED): Hi, I’m going to bring up some points I brought up in 10
the earlier meeting…was that in 2018, that meeting? I can’t remember the date. 11
LORI STRAND: It sounds like there has been an evolution of meetings, so I’m not sure which 12
meeting you’re referring to. 13
MARC: I’m glad I’m being heard at least; I thought I was muted still. So, I’d like to bring up 14
four points…or three points, if I could. And these are points that I brought up in a previous meeting also. 15
The first point, I think is going to be no surprise that the roads within our neighborhood are not collectors, 16
but they are residential or local roads, and that’s going to be based upon the widths of the roads unlimited 17
driveways, no sidewalks, and lack of bike lanes. And I want to say this is especially true for Skyway, 18
Constellation, Mars, and Venus, which I think traffic is going to be exceeding what the limits are for 19
those roads according to the City of Fort Collins guidelines. 20
In addition to that, I know Loveland has documented codes for how many dwellings can be 21
permitted to empty on to a road to exit a neighborhood, and those are set…one second, let me look at that 22
again. They are limited in Loveland at least…so, from twenty-one to one hundred dwellings per local 23
road. The City of Fort Collins…I mean, our neighborhood right now prior to any of this development 24
going in has three hundred dwellings in it. So, according to the Loveland standard, we’re well, well in 25
advance of the amount of dwellings that should be emptying onto our roads. This proposal is going to be 26
increasing the number of dwellings by eighty percent, and if you count the multi-family, we are 27
essentially going to be doubling it. So, we’re going to take something that’s already intolerable and make 28
it twice as worse. So, I’m really concerned about the issue of dwellings per road that will be emptying 29
out. 30
And then I wanted to look at the traffic numbers on these roads. And, on Skyway, in 2019, there 31
was a traffic study, and eastbound Skyway was at one thousand thirty-seven, the limit for a local road is a 32
thousand, so we were, before any of this occurred in 2019, above what is permitted on Skyway. The 33
westbound traffic is at eight-eight-nine. It’s hard to believe dumping another, what is it, two hundred 34
sixty-five units out onto Skyway from Mars is not going to increase the count by a hundred and eleven 35
cars. So, from a traffic point of view, I just don’t see how this is permittable. It’s not compatible with the 36
City Codes or with the safety and well-being of our neighborhood. And, those are my points. 37
LORI STRAND: Thank you. We will have, again, we’ll have the City and the developer speak to 38
the comments on traffic again. So, I see we have a Carrie Rose? 39
CARRIE ROSE BRENNAN: Okay, let’s see if you can hear me now. 40
Page 573
Item 9.
21
LORI STRAND: We can. 1
CARRIE ROSE BRENNAN: Excellent; I had to go onto my phone. I’ve been trapped in a vortex 2
of tech issues on every computer I’m on. So, I’m so glad though that I didn’t get on first, because I think 3
everybody who has gone ahead of me has articulated the issues that we have very well, but I will go 4
ahead and reiterate them. 5
And mine kind of come down to people, animals…or planet, animals, and people. So, my 6
questions are about the environmental impact. As we know, we are experiencing global climate…I’m 7
going to go ahead and say change, hotter days than we’ve ever had, and I’m wondering what 8
sustainability measures have been taken in these houses, and are any of them LEED certified, or are we 9
just adding more to the grid? And, along those lines, I’m wondering about the runoff. I know you said 10
that there was a hydrology report done, but, for instance, our neighborhood does not have any storm 11
sewers, so I’m wondering what the plan is there? 12
And, even though you guys are saying, oh, we have a habitat buffer, we have…well, first of all, 13
you’re killing…the prairie dogs have already been exterminated, I hate to tell the lady who was that was 14
on here earlier. They’ve been killed. And so, that also means that the great horned owl, which I believe 15
is protected, that lives just in that big tree on the corner, has lost its food and is losing its habitat. So, if 16
there’s any way…so the great horned owl is going to be gone as well. 17
And then, the eight foot bike path, the eight foot…or whatever, pedestrian path, all these 18
roads…what I hear when I hear that is, impermeable surfaces, impermeable surfaces, water runoff, and 19
that detention pond has been the problem with all of these developments because it doesn’t drain well, 20
and especially in the winter, you just get ice dams there, so I don’t see…I haven’t heard anything that 21
allays those fears, or…I’m not afraid, but you know what I mean. So, I’m concerned with all of the non-22
permeable surfaces, including the bike paths and the pedestrian walkways, which, by the way, where are 23
these bikes going? I have a feeling that this is going to tempt people to ride their bikes on College, or 24
alternately, down Mars. 25
And here we go into the traffic. And I know that you said that people always bring up the traffic, 26
and I’m going to say this in as kind of tone as I can. I found your…you to be a bit dismissive of our 27
concerns about the traffic. Because we don’t have sidewalks, because we have a lot of on-street parking, 28
we already have very poor visibility, people are already riding their bikes up from the Tynan’s new road 29
and Bueno, and I think people are going to come out of this housing subdivision, zoom down Mars, upon 30
which I live, or Venus, and go to Bueno, and our neighborhood is going to be awful. 31
And as far as the population density…that seems like a lot of rats in a cage to me. And you 32
know, we have pretty big lots here; we’re lucky. But I’m wondering if that doesn’t…is that really the 33
standard? That population density? Because it seems really very urban to me, very city center, and we’re 34
sort of…have a little bit more of a rural feel with your farmhouse architecture. And I’m wondering, one 35
big question from me, are these going to be corporate rentals, or are these home ownership? Okay, that is 36
me zooming through all of my points. I hope you were able to keep up with me because I know I talk 37
fast. 38
LORI STRAND: Thank you. So, I don’t see anybody else with their hand raised, but I do see 39
others on the call. So, I’m going to give it a few moments here before I close the public comment period 40
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Item 9.
22
and allow the applicant and staff to respond. So, seeing no further hands raised, I’m going to close the 1
public comment period at seven PM, approximately. 2
And, I know there’s a lot of questions, but I wanted to just start, because I know it’s extremely 3
confusing, and ask Mr. Mapes to talk about what the definition is of multi-family in the Code, and why 4
that is just a limited number of dwelling units in this plan, and that is how the Code is written. But, if you 5
could start with that, and then I’m sure you took a lot of notes as well, Mr. Mapes, and so, I’m going to let 6
you respond, and then we’ll let the applicant respond afterwards to folks’ comments. And if I see 7
something that I don’t think was addressed, I will flag. 8
CLARK MAPES: Right. The significance of the seventy-five units being multi-family doesn’t 9
really…the only reason that has any meaning is for determining whether this went to a hearing, this kind 10
of hearing with a hearing officer, Ms. Strand, or if it had more than seventy-five dwelling units that are 11
classified as multi-family, then it would have gone to the Planning and Zoning Commission, but it would 12
be the same plan. So, just first of all, we’re talking about semantics here, and the applicant team is just 13
using our Land Use Code the way that its written, for better or worse, and the Land Use Code defines 14
multi-family…well, defines single-family attached as attached units on their own lots. Multi-family is 15
just multiple dwellings in the same building. It so happens, in this case…most multi-family that we see, 16
apartments…we never see condos these days, but to the extent we ever will…because usually, in big 17
stacked buildings…these are all ground-level entrances and everything, so you know, it’s unique, but the 18
applicant team has provided both single-family attached to meet the parsing of the semantics in the Code, 19
and then the multi-family to meet the parsing of the semantics. And the only thing that matters with that 20
is that it’s this kind of hearing. 21
So, as far as how many bedrooms, how many people, how many cars, you know, that’s 22
really…doesn’t make much difference whether you call this seventy-five multi-family or single-family 23
attached. There are two hundred and sixty-five units, there are that number of bedrooms, et cetera. So, I 24
hope that answers it. It’s really a Land Use Code semantics. What do you think? Do you think that gets 25
at what the comment was about? Kind of suggested that we’re implying that there’s only seventy-five 26
multi-family units, but you could just forget that, and there’s two hundred and sixty-five units. 27
LORI STRAND: Yeah, and I would just say that the seventy-five only applies to those units that 28
specifically meet the definition of multi-family. It does not apply to all the other types of…duplexes is 29
something different. Again, the term there is two-family dwelling; it’s a different type of use. The 30
seventy-five does not apply; there isn’t a number that applies in the Code. And there’s single-family 31
attached, again, that’s different from multi-family and there isn’t a unit, and again, that’s just what’s in 32
the Code. So… 33
CLARK MAPES: The Code generally tries to not have just whole large tracts of one kind of 34
housing, it tries to get more mixed neighborhoods, more mixed housing, more different kinds of 35
households, et cetera, different kinds of incomes, et cetera, just large, city-wide, long-term, forward-36
looking vision is behind all of that, and I’ll say that for better or worse, but…and then once it comes 37
down to Land Use Code parsing the definitions, this is what it comes down to. So, they do have their 38
three housing types, as the Code calls it. So, maybe that’s enough on that thinking, I hope. 39
I heard that the existing development doesn’t have sidewalks, Skyview, doesn’t have a drainage 40
system, or a good enough drainage system. And, just, that requires perspective that the whole subdivision 41
was developed not in the city, but out in Larimer County, outside of the city limits. And Larimer County 42
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Item 9.
23
did not, and still does not, have…now they would have requirements for sidewalks, yes they would, and 1
certainly now in the growth management area, but at that time, it just simply was a developer building this 2
kind of subdivision, and that’s the kind of subdivision, and that’s the kind of subdivision you live in, and 3
so, indeed to the extent there are no sidewalks, that’s the way it was built. Don’t know what else to say 4
about that. 5
Notes…prairie dogs. Citywide, for years, this has been a major topic of controversy when land 6
gets developed…more land gets developed…the City does not have any prohibition on more land 7
development. It has not had that for a number of years, so every development….many, many 8
development projects come in and there are prairie dogs on the land. The City has done thorough, 9
detailed process to explore what possibly could be done, and it ends up in the Land Use Code, with 10
specific requirements. And, the Land Use Code offers a developer options…one is to…the most common 11
one is to, yes, kill…the Code uses the term euthanize, but never mind that…yes, kill them and take them 12
to the Raptor Center or someplace that can use the prairie dogs. There’s a payment in lieu option, and I 13
don’t actually know exactly what that payment in lieu is used for, probably preserving natural area 14
habitat. There’s a third one…Ken, do you know what the third option…oh, trap and relocate. 15
KEN MERRITT: Trap and relocate. 16
CLARK MAPES: And trap and relocate, even though you might think you would want to see 17
that, that is very complicated. When there is a place that already has prairie dogs, we have learned 18
through, you know, biologists and things, that they don’t want more prairie dogs coming into their towns; 19
there’s conflict. Relocation really doesn’t work for two reasons, one, there’s no landowners anywhere 20
that want prairie dogs, and two, if there’s any natural area that has prairie dogs, those prairie dogs don’t 21
want other prairie dogs moving in. Now, that’s my non-biological reporting on what I’ve heard about this 22
whole issue. In a multi-year process, the emotion runs high, but it’s ended up with that being the City’s 23
position that the Code offers those alternatives, and it’s actually difficult to find enough use for prairie 24
dogs that have been killed, so the payment in lieu, you know, ends up being used. Anything to add, Ken, 25
applicant team? 26
KEN MERRITT: Yeah, I’m happy to address the comments if Ms. Strand wants me to move 27
forward with that? 28
LORI STRAND: Yes, and in talking…I suppose if your team would like to address…there were a 29
lot of traffic comments made, and with some of the local roadways, and then I’d like, afterwards, Ms. 30
Babler to speak to particularly comments…there was a number of local streets that were raised, and to 31
speak about their limits of traffic, if those are being exceeded as a result of this project. So, I’m going to 32
have the applicant go first. And again, if you could talk about also if there’s any sustainability measures 33
that are going on. There hasn’t been much discussion tonight on the stormwater plan. I know there’s a 34
large stormwater detention area that was spoken about with respect to being the wetland mitigation, but 35
the stormwater plan…I know that there is also a stormwater detention that’s going in as part of the Trilby 36
project by the City, so maybe you can speak to that, Clark, when Mr. Merritt’s done if that’s relevant in 37
any way. But I’m just going to hand it over. 38
KEN MERRITT: Okay, I’m going to go through the comments as they were delivered, although 39
that may cause me to be a little redundant, so I’ll try to minimize that. So, let’s deal with the issues of 40
traffic first because that certainly is an issue we heard. By the way, our neighborhood meeting was in 41
2022. There may have been other neighborhood meetings that were…that occurred with previous plans. 42
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Item 9.
24
But let me first point out that the land use that we’re proposing is a very modest traffic generator 1
compared to what could occur on this property as it’s currently zoned CG, general commercial. As a CG, 2
general commercial, if we assume the same relative development area…the property is thirty-eight acres, 3
but obviously we have thirty-six acres as opens space on the site, so if all you took was the same relative 4
area of development, we could easily have well over three hundred thousand square feet of commercial 5
development, which would generate far more traffic than two hundred and sixty-five units of townhomes 6
and multi-family and paired residential units would generate. 7
Clark pointed out, and I think this is a very important aspect of the issues that have to do with 8
traffic, in that the development to the north of us in Skyway were developed in the County, and as such, 9
they were developed to a very antiquated standard. In fact, if you look at Skyway, as it exists today, it’s 10
only designated a local street west of College Avenue. I believe it’s a collector road east of College 11
Avenue. But the road is incredibly wide, and actually functions more like a collector road, but we had to 12
analyze it as a local street. And what we found, with the distribution of traffic, we did a scoping meeting 13
with the transportation staff to determine how we should distribute our traffic, and that is agreed upon by 14
City staff before we actually do the transportation report. And it was determined that our entrance off 15
of…at Mars, at Mars Drive, and Skyway Drive, function adequately for a collector road intersecting a 16
local street. Likewise, we analyzed Mars and Trilby and found that, given the current condition of Trilby, 17
we were not able to develop this project…that we were really relying on the CIP project moving forward 18
to make a lot of the necessary improvements. 19
What one of the things you have to recognize is we are not directly adjacent…our development is 20
not directly adjacent to Skyway. And I can’t speak for the development of the self-storage facility and 21
why they did not need to build walkways on the south side of Skyway, but there’s also a multi-family 22
development that was approved by Planning and Zoning Board, because it was over seventy-five units, 23
north of the storage…excuse me, west of the storage facility, which is directly adjacent to Skyway. I 24
would assume that they’re making improvements to Skyway to add walkways, but Clark might need to 25
address that, or perhaps Alisa can with the Transportation Department. But our responsibility to improve 26
Skyway only lies in dealing with traffic-related issues. Our requirements of having to build bike lanes or 27
pedestrian walks do not fall to us because we are not directly adjacent to Skyway, with the exception of 28
our intersection which we are providing a handicap…handicap ramps at that intersection, and we will be 29
extending Mars Drive to its full improved section if Mars Landing does not build before us. There will be 30
some reimbursement from the City for that since some of those improvements were actually escrowed. 31
So, with regards to traffic, our traffic report documents that Skyway is operating a level of service 32
consistent with its classification, and that our intersection of Mars and Trilby and our intersection right-in, 33
right-out at College and Stellar Drive, all will operate at a level of service that is acceptable to the City. 34
Now, that doesn’t suggest that we’re not adding traffic. We are adding traffic, but we’re adding traffic at 35
a level…at a volume that is consistent with the classification of the roadways as they exist. That does not 36
mean that there won’t be more traffic, there will be more traffic. But, the traffic will be properly 37
ameliorated with the improvements that either exist or will be put in place. 38
With regards to the prairie dogs, I want to point out, because I think the last person indicated that 39
the prairie dogs have been killed onsite, and that is actually true. To our concern, the City…a contractor 40
working on behalf of the City of Fort Collins making the improvements to College and Trilby, entered 41
into a lease on our property as a temporary storage facility. They came in and actually just bulldozed the 42
property and actually probably killed a large portion of the prairie dogs that were on site. We did, as part 43
of our submittal, do a prairie dog colony analysis. We analyzed the colony on this side as well as the 44
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Item 9.
25
colony that existed beyond this property. And, as Clark pointed out, our environmental report suggests 1
three alternatives that are evaluated just prior to the construction beginning on our site, notwithstanding 2
the construction that has already occurred on our site as a result of the City’s project. If that had not 3
occurred, we would have done a pre-construction meeting with environmental and evaluated the presence 4
of the prairie dog colony as it exists at the time of construction, or just prior to construction, and we 5
would have evaluated the best solution for the removal of the prairie dog colony, which would include 6
either trapping and relocating…although I will say that very…there are very few opportunities that exist 7
in the state of Colorado that will accept live prairie dogs. One alternative is to humanely euthanize the 8
prairie dogs and relocate them to a black-footed ferret colony that exists in Colorado. But, in the event 9
they’re not taking them, the third alternative is to actually freeze them and then deliver those to either 10
raptor…a known raptor feeding area or a black-footed ferret feeding area. So, that’s all done pre-11
construction, at the time…just prior to the construction. 12
Unfortunately, you know, when the construction of the Trilby and College intersection are 13
complete, and the temporary storage facility on site is removed, we might find that the prairie dog colony 14
has changed; I would expect that it has. They’ve probably…many of them have been killed. But, if 15
there’s enough of a lag between that occurring and us starting construction, prairie dogs may very will 16
move back into the site because it’s a very robust colony that exists there. And, as you know, prairie dog 17
colonies seem to ebb and flow, disease can move in, and prairie dog colony can be wiped out, or the 18
proper environmental conditions can exist so the prairie dog colonies can flourish, and this is why we do a 19
pre-construction review, again, which we are committed to doing. 20
As it relates to the multi-family, we’ve already talked about that. It looks like we’ll have about 21
twenty-five units that are essentially the same row homes, if you would, two-, three-, and four-unit 22
townhomes, but they are going to be classified as multi-family because they will not exist on fee simple 23
lots. And even if those units all had three bedrooms, which they don’t, we would have less than the 24
seventy-five units…we would have seventy-five bedrooms or less, which would still allow those to be 25
considered by our type one review. 26
This issue with…there was some talk about traffic volume. I just want to point out that a local 27
street volume…and Alisa can verify this…local street volume in Fort Collins has an average daily trip 28
allowance of between twenty-five hundred and three thousand vehicle trips per day, and I think that 29
Skyway west of this development operates at a level of service consistent with the local designation even 30
though the roadway section is more like a collector road. 31
With regard to drainage…so, our detention pond is not classified as a regional detention pond, but 32
it actually functions somewhat like a regional detention pond in that the developments to the west are 33
discharging water…this would be the residential areas to the west of us, as well as Foothills Gateway 34
center. And the residential areas to the northwest and to the north of us were built so long ago that there 35
were not requirements for on site detention as there is today. So, there was…those developments, 36
depending on the way they’re graded and the roadway conveyance of storm drainage, the roadways are 37
conveying most if not all of the storm drainage, which actually enters our site at the northwest and 38
western boundaries of our property. So, we’re conveying that water into our detention pond, and actually 39
detaining it, and passing it through the outlet structure that exists on the west side of College Avenue. 40
Our detention pond is actually much bigger in volume than it is currently, so we’re actually accounting 41
for a higher volume of detention in that pond, and discharging at a rate of discharge that has already 42
been…that already exists at the discharge point into Fossil Creek. So, we did not change the volume of 43
discharge downstream. We are living with the required orifice plate that’s on that pipe that goes under 44
Page 578
Item 9.
26
College Avenue currently, so, our detention pond actually had to get bigger. The wetland, as I pointed 1
out, we will be reestablishing our wetland in the detention area as part of our wetland mitigation and 2
buffering. So, the drainage that is coming onto our site that is undetained is being properly ameliorated 3
with this development and has met the standards set forth by the City Stormwater Drainage Department. 4
Talk a little bit about…I think I may have skipped over this during my presentation, but we have 5
a red-tailed hawk nest that’s located off site. We do have a requirement that if we begin construction 6
during the nesting season, which is basically February 15th through July 15th, that we have a no 7
construction zone which is measured four hundred and fifty feet from the nest. Now, prior to 8
construction, much like the prairie dog, observation that needs to be done by our environmental planner 9
along with the City’s environmental planner. We will make a visual assessment by a wildlife biologist 10
that will determine whether the nest is occupied, and if it is occupied, then we have to implement, during 11
that period of February 15th to July 15th, we will need to put in place a four-hundred-and-fifty-foot buffer 12
as measured from that nest. Now, red-tailed hawks are an endangered species; great horned owls are not. 13
And so, great horned owls that are in the tree that the last caller mentioned, is actually not subject to that 14
same four-hundred-and-fifty-foot no construction buffer zone because they are not considered endangered 15
species. But, you’re correct in that the development…or that individual is correct in that the development 16
of this property, which will take away…remove the prairie dogs in a manner that is humanely decided, 17
will lose a source of food. But, it will be replaced with small rodents and rabbits that will exist in this 18
development that will move in. And the great horned owl may in fact find himself living there once 19
construction is completed on this project, looking, you know, obviously taking advantage of a different 20
food source. But, I’ll also point out that the prairie dog colony doesn’t only exist on this site, it exists also 21
on the Foothills Gateway center site, there’s an extension of this prairie dog colony. It exists north of 22
Skyway Drive, and it exists also on the Westchase Church site as well. So, there’s a large prairie dog 23
colony which currently still exists, and will continue to exist, on the property west and north of us as well. 24
So, I think that probably covers most of my responses to the questions. And I think at this point, 25
it would be appropriate to ask the City to respond to the traffic related issues as it relates to the 26
transportation report we provided to the City, and I believe that they are in agreement with. 27
LORI STRAND: Thanks, Ms. Gabler? 28
ALISA GABLER: So, I’ll kind of cover…I’m not sure have been answered. One thing I want to 29
talk about is cut-through traffic. I heard several people bring up traffic cutting through the existing 30
neighborhood using the existing street…I think it’s Constellation. And one of the things that we’re 31
looking at, that we looked at, and this traffic study is showing, is that, because there isn’t connectivity 32
between the neighborhoods, we wouldn’t expect to see a lot of these people going out onto Skyway or 33
Trilby and then going back across into their neighborhood, unless they’re visiting a friend, or 34
utilizing…it’s more likely that people may cut through this new subdivision as they’re coming off of 35
Trilby and wanting to go through. You know, we would expect there to be some, I want to be realistic 36
that that does happen when you have these roads…but it was not considered as being a big deal because 37
they have connection to Mars over to Skyview, and that roadway is going to be completed as well to 38
Trilby. We also have…College and Bueno that, if it didn’t get turned on this week, it should be turned on 39
any day now; I haven’t heard yet if it went live. But that, also, as you have another connection to the 40
north, people can…that new signal with that connection. So, I think that should mitigate a lot of that cut-41
through traffic and concerns. 42
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Item 9.
27
As far as speeding and existing infrastructure…I think those are separate from this project, and I 1
know the community has worked with us…Neighborhood Traffic Mitigation Program, and we 2
certainly…to my department, and we can look at what those options might be for traffic mitigation if we 3
need to. So, I think, you know, that’s something that’s a conversation outside of the development review 4
here, but it’s certainly an option for them. 5
As far as the volume on Skyview and the concerns there, we don’t really have a hard and 6
fast…there’s isn’t a guidance for us that says you can’t have more than, you know, ten thousand cars, or a 7
thousand cars…that really doesn’t exist. What we look at in our traffic studies is peak hour, which is 8
your worst case scenario of the morning peak when everybody is going to work, and the evening peak 9
when everyone is coming home, and what does that do to our infrastructure during the worst case scenario 10
in that hour? And the study goes through that, and that’s why we talk about this level of service, or 11
LOS…and what that might look like. And, what we found was that’s going to really…added…and so it 12
would meet our standards. And, certainly, Clark, if I’m wrong…I’m new to the City, if there is a standard 13
for number…a magic number…we could look at that, but I’m not aware of it. 14
(**Secretary’s Note: The previous comments by Alisa Gabler were somewhat muffled in places 15
making actual words difficult to hear at times.) 16
CLARK MAPES: You know what it is…I just see from a previous project where this identical 17
thing came up, and I just sent it to you, actually…that, it’s from Polestar, which is another development 18
that Mr. Merritt worked on, and there, there was a lot of conversation about local streets being able to 19
handle generally from one thousand to twenty-five hundred cars per day, and it comes from definitions in 20
the Land Use Code, so it’s not hard and fast engineering limits. And I don’t recall exactly how the 21
definition is worded in the Land Use Code, but that’s all we have. And then it’s just a matter of doing 22
traffic studies and seeing if streets can function. 23
There’s one thing I wanted to do here…share my screen and kind of echo what Mr. Merritt said, 24
which is Skyway scales on just Google to be forty-eight feet wide…that is a very wide street. By the 25
way, where development in the city has come along…that starts here…this is the Mars Landing multi-26
family approved development, not built yet, but…related to that, they, and/or the City, or both in 27
combination working together, did build sidewalk here, so Skyway does have sidewalks where it was…as 28
development that was done in the city. So, there’s Skyway, and you can see…I don’t know, maybe at 29
rush hour it gets a lot more cars. And everywhere in the city, more people are coming, just like you and 30
me, they have cars. So, yeah, there will be more traffic. But just want to make sure that we know that 31
Skyway does have sidewalks and that it’s actually a pretty wide street. So, I’m going to stop sharing. 32
One other thing, Ms. Strand, if I may. When I asked Ken about the prairie dogs…there was one 33
more thing that I heard someone say, and that’s the density of seven units per acre in the townhomes just 34
doesn’t fit the kind of rural area. And, anyway, well…it’s totally consistent, there’s nothing about 35
planning, or the zoning regulations, or densities, or anything like that that would limit it to being just a 36
subdivision like Skyview or anything like that. The City has quite for some time had a vision for a little 37
more mixed, a little more efficient use of land, mix of housing types, like I said. So, seven units per acre 38
is well within that. I do understand that for someone who lives in Skyview, this seems like a very urban, 39
dense development; it’s all just a matter of perspective. 40
KEN MERRITT: Clark, I might point out that, actually, relative to that comment, that single-41
family detached housing is actually not allowed in the CG zoning district. 42
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Item 9.
28
CLARK MAPES: There you go; that’s exactly right. So, to the extent that the commercial zone 1
allows housing, it’s meant…it’s envisioned as being more, kind of, mixed with commercial development, 2
and more urban, or at least more kind of urban-suburban hybrid. 3
KEN MERRITT: Well, and I don’t have the exact number of units of Mars Landing, but I think 4
you’ll find that Mars Landing is probably well over twenty-four units per acre density on that site… 5
CLARK MAPES: Yeah, that’s right. It looks like… 6
KEN MERRITT: As opposed to our seven units. 7
CLARK MAPES: It looks like that, that’s right. So, not to be selling you. For people who have 8
lived in a long time in a low-density subdivision, yeah, there’s change, and we hear it every time, and we 9
fully understand it, just, for what it’s worth, which maybe isn’t much. That is all I had as far as notes. I 10
think we’ve addressed everything that was brought up. 11
LORI STRAND: Okay, thank you both. 12
CLARK MAPES: Oh, I’m sorry, one more. Is this a corporate rental project? 13
LORI STRAND: Oh, that’s right. Is it a rental project, or is it home ownership or rental? 14
CLARK MAPES: This is not the City’s business; I only say yes because they’ve told me that it is, 15
but you know, they could change their mind, and they could sell these units. But the intention for it, Ken, 16
is that this is, yes, one large corporate rental project, development. 17
KEN MERRITT: But it is important to point out that the City doesn’t make a distinction in 18
housing as it relates to either ownership or rental, but I will tell you it is one of the reasons why we have 19
put so many of these units on fee simple lots. 20
The other comment that was not addressed, and I apologize for overlooking it because I think it’s 21
an important one, and it was the issue of sustainability. I will let you know that this project meets the 22
City’s standard as it relates to irrigation usage, the amount of gallons per square foot per year, but perhaps 23
our…the architect, maybe Chris or even Kolby, our client and the developer and potential owner of this 24
project, can speak to the sustainability and construction of these units and what might be applied. 25
KOLBY O’HERRON: Yeah, I’ll take that, Chris. At a minimum, they will be…the homes will 26
be built to the EPA’s Energy Star program with aspirations of the Zero Energy Ready Home program 27
which utilizes both energy usage prewiring for PV/EV connections as well as sustainable building 28
practices and materials, also taking a systems approach to the house and the equipment, and how they 29
perform together. 30
KEN MERRITT: Thank you, Kolby. 31
LORI STRAND: Okay, so, we’re now at the point in the proceedings that we are…I’m going to 32
give Clark, the City, an opportunity for any final comments, and then Mr. Merritt, I will let you have the 33
last word. I do want to ask Clark or Em, can you share the slide that has the address for Em and 34
David…none of the public commenters provided their address, but if they would like to get a copy of the 35
decision, I’d just like to keep up on the screen while final comments are being made, the addresses that 36
Page 581
Item 9.
29
they can send their address, and would that be…and I think it’s probably either…but would it be to David 1
or to Em, if somebody from the City could let me know. 2
EM MYLER: If you’re interested in getting a copy of the decision, you should go ahead and 3
email your address to David, dhowell@fcgov.com. I also noticed that we have a couple commentors 4
who’ve raised their hand again, maybe to follow-up questions, and if you do have follow-up questions, 5
I’m happy to find you an answer to those if you email me at devreviewcomments.com [sic]. 6
LORI STRAND: Yes, and to that, the public comment period is closed, and so if you do have 7
follow-up questions for the City, go ahead and shoot them an email. But, if you want a copy of the 8
decision, please also send your address to David because nobody provided an address in their comments. 9
Okay, so with that, Clark, you’re up first, and then I’ll have the applicant close. 10
CLARK MAPES: There is one more thing while we are all here. This is a question for the 11
applicant team, and I have asked the applicant team before about this. But, looking at that cross-section, I 12
saw some side slopes against the sides of the houses, and I’ve asked them before, what is going to happen 13
there? It looks like you would need rip rap or something…and this is not a Code requirement, except 14
that, well, I don’t know, generally there is a limit on slopes, but that’s more of a storm drainage. So, 15
curious, and get you thinking about it and get something in the record about that phenomenon in this plan. 16
KEN MERRITT: So, Clark, you’re addressing the elevations we’ve provided in the submittal 17
which show, essentially… 18
CLARK MAPES: And your cross-section of the whole site. 19
KEN MERRITT: Right, there being a one-to-one slope that goes from the upper floor, the street 20
side elevation, down to the garage elevation, and that simply is not accurate. We will have slopes that are 21
no greater than four-to-one between those units. We do have some situations where in order to do that, 22
we have to locate electrical panels and gas meters in a little different scenario, but we don’t envision a 23
need for any retaining walls between the units. Remember, the units, for the most part between building 24
groups is only about ten feet in many instances, maybe a little bit more than that. And so, we will not 25
have one-to-one slopes. But, likely will have something in the order of four-to-one to five-to-one slopes, 26
and then the foundation will actually step with the grade, so as we do final grading plans in the FDP, the 27
engineer designing the foundations for the homes will end up stepping the foundation to follow that grade 28
line so that we don’t have large areas of exposed foundation present. 29
CLARK MAPES: Thanks, and the only reason I bring it up is just…not that you have it all 30
worked out right now, but just that it’s not going to catch anyone by surprise later and say, oh, we really 31
have to bring some boulders in here, or…I guess wall…so, anyway, you are aware of it, you’re thinking 32
about it. That was really my main point. 33
KEN MERRITT: You brought that up before, and we’ve chatted with Chris and Dana, the 34
architects on the project, to address this issue more properly than we had shown it, so I apologize for not 35
making our section…I was looking to show the terracing, and not that concerned about the grading on the 36
buildings; I apologize. 37
Page 582
Item 9.
30
CLARK MAPES: That’s quite alright, just going to be…it’s part of your thinking. And, with 1
that, I have nothing further. 2
KEN MERRITT: Thank you. 3
LORI STRAND: Final thoughts from the applicant team? 4
KEN MERRITT: I have nothing more to add. Kolby or Chris, do you? 5
KOLBY O’HERRON: Nothing from me, thank you. 6
LORI STRAND: Great. Okay, everybody. So, again, the decision will be written within ten 7
business days. If folks on the call who are listening, who spoke, want to get a copy of that decision, 8
please contact the City. And with that, I am going to close the hearing at 7:43 PM, and thank everybody 9
for their time tonight. 10
KEN MERRITT: Ms. Strand, thank you very much. We really appreciate the opportunity. Thank 11
you, City staff, and Chris, and Kolby, Dana. Appreciate all your time tonight. 12
Page 583
Item 9.
Link to Video
Administrative Hearing on
July 24, 2024
https://www.youtube.com/watch?v=gQCpZYSxf9U
Page 584
Item 9.
Staff Presentation to Council
October 1,2024
Page 585
Item 9.
College and Trilby
Multi-Family
10-1-2024
Kim Meyer, Interim Community
Development & Neighborhood
Services Director
Project
Development Plan
Appeal
Page 586
Item 9.
Zoning: CG
Commercial
General
Page 587
Item 9.
3Location
Mars Dr.
S. College Ave./US 287
SITE
Foothills Gateway
Page 588
Item 9.
4Timeline
4
Jan 7, 2022 Conceptual Review and Posting Online
May 23, 2022 Signs Posted
Jun 6, 2022 Neighborhood Meeting
Jun 24, 2022 First Development Plan Submittal, 4 rounds of review
Aug 6, 2024 Planning and Zoning Commission Hearing
Aug 20, 2024 Appeal Notice Received
Oct 1, 2024 City Council Appeal Hearing
Page 589
Item 9.
5Appeal
Alleges that the Hearing Officer committed the following error:
Failure to properly interpret and apply relevant provisions of the City Code,
Land Use Code, and Charter.
Allegations involve the City’s street standards in the Larimer County Urban Area
Street Standards (LCUASS)
Page 590
Item 9.
6Allegation 1
Allegation 1: “Infrastructure on Skyway, Constellation, Venus
and Mars”
•Consists of claims about the condition of these 4 existing
streets in subdivisions to the north and west of the plan.
•Concludes with an assertion about average daily traffic
volumes “above ‘local residential’”.
•Requests that a new traffic study be required to identify all
potential infrastructure shortfalls in the area.
Page 591
Item 9.
7Allegation 2
Allegation 2: “LCUASS is not Fungible”
•Cites staff verbal statements to the effect that there are no hard
and fast numbers for traffic volumes on city streets.
•Cites several Sections in the LCUASS regarding authority and
responsibility of the City Engineer to enforce the standards.
•Requests that the City respect street standards as non fungible &
not to be ignored; and if a new traffic study showed traffic
volumes to exceed local residential road maximums, then deny
development or upgrade existing subdivision roads.
Page 592
Item 9.
8
North
Self-
Storage
Foothills
Gateway
Approved
Apts.
Page 593
Item 9.
96 Intersections in Traffic Study
Page 594
Item 9.
10Location
Mars Dr.
S. College Ave./US 287
SITE
Foothills Gateway
Constellation Dr.
Page 595
Item 9.