HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/02/2009 - ITEMS RELATING TO THE DESIGN OF THE SOUTH TRANSIT ITEM NUMBER: 22 A-B
AGENDA ITEM SUMMARY DATE: June 2, 2009
FORT COLLINS CITY COUNCIL STAFF: Kathleen Bracke
Steve McQuilkin
Marlys Sittner
SUBJECT
Items Relating to the Design of the South Transit Center as Part of the Mason Corridor/MAX BRT
Project.
RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
FINANCIAL IMPACT
This funding contract between the Colorado Department of Transportation(CDOT)and the City of
Fort Collins is for the design portion of the South Transit Center, which is a component of the
Mason Corridor/MAX Bus Rapid Transit (BRT) Project. CDOT's State Senate Bill-1 (SB-1)
"Strategic Transit Project" funding program is providing 80% of the transit center improvements
and the remainder is being provided by the City of Fort Collins, via in-kind match from the land
value:
State of Colorado SBA (80%) $212,000
Local Match (20%)—City of Fort Collins (land value): 53,000
Total Project: $265,000
The remainder of the State funds for construction of the South Transit Center will be granted to the
City via a subsequent contract with CDOT later this year. The State Transportation Commission
has approved a total amount of $4,000,000 for the City's South Transit Center Project. The
approved State SBA funds are part of the City's local matching funds for the Federal Transit
Administration federal funding for the overall Mason Corridor BRT Project.
EXECUTIVE SUMMARY
A. Resolution 2009-052 Authorizing the Execution of an Intergovernmental Agreement
Between the City of Fort Collins and the Colorado Department of Transportation for the
Design of the South Transit Center.
B. First Reading of Ordinance No. 069, 2009, Appropriating Unanticipated Revenue in the
Capitals Projects Fund, Mason Corridor Project for the South Transit Center Project.
June 2, 2009 -2- Item No. 22 A-B
This funding contract between the City and the Colorado Department of Transportation(CDOT)will
allow for work to advance on the design of the South Transit Center, which is an important
component of the Mason Corridor/MAX BRT Project. This funding will be used for final design,
engineering, and architectural services for the South Transit Center Project. The State SB-1 funds
are part of the City's local matching funds for the Federal Transit Administration federal funding
for the overall Mason Corridor Project. The South Transit Center Project will be located on City-
owned property which is the current site of the Mason Corridor bicycle/pedestrian trailhead parking
area, located west of South College Avenue, near the intersection of Fairway Lane and Fossil
Boulevard (approximately 1/2 mile south of Harmony Road).
BACKGROUND
The overall Mason Corridor Project is a five mile;north-south byway within the City which extends
from Cherry Street on the north to south of Harmony Road. The Corridor is centered along the
Burlington Northern Santa Fe Railway property,located a few hundred feet west of College Avenue
(US287).
The portion of the Mason Corridor Project that is the subject of this CDOT Senate Bill-1 (SB-1)
funding contract is the design phase for the South Transit Center for the Mason Corridor Bus Rapid
Transit (BRT) service, now known as "Mason Express" or "MAX". The remainder of the State
funds for construction of the South Transit Center will be granted to the City via a subsequent
contract with CDOT. The total State contribution approved for the South Transit Center portion of
the Mason Corridor Project is $4,000,000.
The South Transit Center Project will be located on City-owned property that is located west of
South College Avenue/US287, near the intersection of Fairway Lane and Fossil Boulevard
(approximately 1/2 mile south of Harmony Road). (Attachment 2). This site is currently being used
as the trailhead parking area for the City's Mason Corridor bicycle/pedestrian trail and the Fossil
Creek trail. When the South Transit Center is complete, it will continue to serve as a trailhead
parking location, along with serving as a park-n-ride and southern terminal for the MAX BRT
service. The South Transit Center will also be a connecting point to other local and regional
Transfort routes such as the Harmony Road service and the Foxtrot service to Loveland.
The anticipated schedule is to complete Transit Center design phase by the end of 2009. At the end
of the design phase, the City and CDOT will enter into a separate contract agreement for the
construction funds for the South Transit Center. The construction phase for the South Transit Center
will be coordinated with the overall Mason Corridor MAX BRT system construction. The South
Transit Center and MAX BRT service are scheduled to be operational by the end of 2011.
The South Transit Center Project is designed to be implemented and operational either as a
component of the overall Mason Corridor/MAX Project, or if necessary, as an independent stand-
alone improvement should any of the anticipated federal funding be delayed or not secured.
June 2, 2009 -3- Item No. 22 A-B
ATTACHMENTS
1. Funding agreement with the City of Fort Collins and the Colorado Department of
Transportation.
2. Site map of the South Transit Center.
ATTACHMENT 1
COMS Routing No:09-IJTD-00082
SAP ID: 291000634
Grant Agreement
THIS GRANT AGREEMENT made this—day of 20_,by and between the
State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter
referred to as the State and the City of Fort Collins,Colorado,CDOT Vendor#: 5000100,hereinafter
referred to as the"Contractor"or the"Local Agency."
RECITALS
A. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in G/L Account 4518000010,Company Code 1000, CO Area 1000,WBS Element
17295.15.03,Fund 400,Functional Area 1510,Funds Center DT510-010,for a total available
funds of $2651000. The maximum amount payable by the Department shall not exceed
$212,000, which is 80%of the total available funds. The local match will be$53,000 which is
20 %of the total available funds.
B. Required approval,clearance and coordination have been accomplished from and with appropriate
agencies.
C. Pursuant to 43-4-206(VII)(2)(a)(1) CRS, the State has received approval and funding for
implementation of Strategic Transit Project Funds from the Colorado Legislature and/or its Joint
Budget Committee.
D. By Resolution Number TC-1401,the Transportation Commission of Colorado established a Task
Force to recommend to the Commission a process for project selection and prioritization.
E. The State has solicited and reviewed project Applications in accordance with such program criteria
and determined which agencies or entities' projects would be most appropriate for funding.
F. The Local Agency has submitted a funding Application to carry out a strategic transit project,
hereinafter referred to as the Project.
G. The Task Force recommended to the Commission a list of strategic transit projects for approval and
by Resolution Number TC-1455, the Commission approved the list.
H. The State has funds available and will provide 80% of the funding and the Local Agency will
provide the 20% local match for the work.
I. The Local Agency shall comply with all state and other applicable requirements, including the
State's general administration of the project through this Agreement, in order to obtain state
funds for the project.
J. The Local Agency shall perform the Work described in the Scope of Work and Conditions
attached hereto as Exhibit A.
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K. The Local Agency has estimated the total cost of the work and is prepared to accept the state
funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and
adopted by the authorized representatives of the Local Agency, which confirms availability of
local match, and expressly authorizes the Local Agency to enter into this Agreement and to
complete the work under the project. A copy of this ordinance or resolution is attached hereto
and incorporated herein as Exhibit B.
L. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily
complete all of the Work.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work and Conditions
The Project or the Work under this Agreement shall consist of construction of a transit facility in Fort
Collins, Colorado, as more specifically described in Exhibit A.
The Local Agency has estimated the total cost the work to be $265,000, which is to be funded as
follows:
State funds: $212,000
Local Funds: $53,000
Other Funds (if applicable): $
Total Funds: $265,000
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this Agreement and its exhibits, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in Section 29 of this Agreement
2. This Agreement
3. Exhibit A(Scope of Work)
4. Exhibit F(Project Application)
Section 3. Term
This Agreement shall be effective upon approval of the State Controller or designee,or on the date
made,whichever is later. For construction related projects,the term of this Agreement shall continue
through the completion and final acceptance of the Project by the State and the Local Agency. For all
other projects, the initial term will expire on June 30, 2011, with the option to extend this time
period as outlined in Section 27 of this Agreement.
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Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost'of the work (as outlined in Section l of this
Agreement) and is prepared to accept the state funding for the work, as evidenced by an
appropriate ordinance or resolution duly passed and adopted by the authorized
representatives of the Local Agency, which confirms availability of local match, and
expressly authorizes the Local Agency to enter into this Agreement and to complete the
Project. A copy of this ordinance or resolution is attached hereto and incorporated herein as
Exhibit B.
B. The maximum amount payable by the State to the Local Agency under this Agreement shall
be$212,000. It is understood and agreed by the parties hereto that the total cost of the work
stated hereinbefore is the best estimate available. If the actual total project costs are less than
the estimated total project costs,including as a result of the Local Agency's failure to supply
the entire estimated Local share,the state's share shall be reduced proportionately. The term
"proportionately" means the ratio of actual expenditures to total planned expenditures for
both State and Local Agency shares. In this Agreement,the ratio shall be based on 80%State
to 20% Local Match, with the State share not to exceed the amount in Section 1. The Local
Agency may increase the Local share without further State approval, but this increase shall
not increase the State share.
C. The parties hereto agree that this Agreement is contingent upon all funds designated for the
project herein being made available from state sources, as applicable. Should these sources
fail to provide necessary funds as agreed upon herein, the Agreement may be terminated by
either party,provided that any party terminating its interest and obligations herein shall not
be relieved of any obligations which existed prior to the effective date of such termination or
which may occur as a result of such termination.
Section 5. Project Payment Provisions
A. .The State will reimburse the Local Agency for incurred costs relative to the project following
the State's review and approval of such charges, subject to the terms and conditions of this .
Agreement. Provided,however,that charges incurred by the Local Agency prior to the date
this Agreement is executed by the State Controller will not be charged by the Local Agency
to the project, and will not be reimbursed by the State.
B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of
performance of the Work,not exceeding the maximum total amount described in Section 4.
The applicable principles described in 49 C.F.R. 18 Subpart C (Exhibit C)shall govern the
allowability and allocability of costs under this Agreement. The Local Agency shall comply
with all such principles. To be eligible for reimbursement,costs by the Local Agency shall
be:
l. in accordance with the provisions of Section 5 and with the terms and conditions of
this Agreement;
2. necessary for the accomplishment of the Work;
3. reasonable in the amount for the goods and services provided;
4. actual net cost to the Local Agency(i.e. the price paid minus any refunds,rebates,or
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other items of value received by the Local Agency that have the effect of reducing the
cost actually incurred);
5. incurred for Work performed after the effective date of this Agreement;
6. satisfactorily documented.
Examples of ineligible costs include:
1. Staff or administrative overhead costs of the Local Agency, unless specifically
allowed for in the Scope of Work;
2. Fines and penalties;
3. Entertainment expenses.
C. The Local Agency shall establish and maintain a proper accounting system in accordance
with generally accepted accounting standards and principles(a separate set of accounts,or as
a separate and integral part of its current accounting scheme)to assure that project funds are
expended and costs accounted for in a manner consistent with this Agreement and project
objectives.
1. All allowable costs charged to the projeci, including any approved services
contributed by the Local Agency or others, shall be supported by properly executed
payrolls, time records, invoices, agreements or vouchers evidencing in detail the
nature of the charges.
2. Any check or order drawn up by the Local Agency, including any item which is or
will be chargeable against the project account shall be drawn up only in accordance
with a properly signed voucher then on file in the office of the Local Agency, which
will detail the purpose for which said check or order is drawn. All checks, payrolls,
invoices,agreements,vouchers,orders or other accounting documents shall be clearly
identified,readily accessible,and to the extent feasible, kept separate and apart from
all other such documents.
D. The Local Agency will prepare and submit to the State, no more than monthly, charges for
costs incurred relative to the project. The Local Agency's invoices shall include a
description of the amounts of services performed,the dates of performance and the amounts
and description of reimbursable expenses. The invoices will be prepared in accordance with
the State's standard policies, procedures and standardized billing format to be supplied by
the State.
E. To be eligible for payment, billings must be received within 60 days after the period for
which payment is being requested and final billings on this Agreement must be received by
the State within 60 days after the end of the Agreement term.
1. Payments pursuant to this Agreement shall be made as earned, in whole or in part,
from available funds, encumbered for the purchase of the described services. The
liability of the State, at any time, for such payments shall be limited to the amount
remaining of such encumbered funds.
2. In the event this Agreement is terminated,final payment to the Local Agency may be
withheld at the discretion of the State until completion of final audit.
3. Incorrect payments to the Local Agency due to omission,error, fraud or defalcation
shall be recovered from the Local Agency by deduction from subsequent payment
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under this Agreement or other agreements between the State and Local Agency,or by
the State as a debt due to the State.
4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18
shall be reimbursed by the Local Agency,or offset against current obligations due by
the State to the Local Agency, at the State's election.
Section 6. State Interest [Not applicable to studies]
The Local Agency understands and agrees that the State retains a State interest in any real
property, or equipment financed with State assistance (Project property) until, and to the extent
that the State relinquishes its State interest in that Project property, as described in Exhibit A. All
State interests in real property or equipment shall survive termination, expiration or cancellation
of this Agreement. With respect to any Project property financed with State assistance under this
Grant Agreement, the Local Agency agrees to comply with the following:
A. Use of Project Property. The Local Agency agrees to use Project property for appropriate
Project purposes for the duration of the useful life of that property, as required by the State
and set forth in the scope. Should the Local Agency unreasonably delay or fail to use Project
property during the useful life of that property, the Local Agency agrees that it may be
required to return the entire amount of the State assistance expended on that property. The
Local Agency further agrees to notify the State immediately when any Project property is
withdrawn from Project use or when any Project property is used in a manner substantially
different from the representations the Local Agency has made in its Application or in the
Project Description for the Grant Agreement.
B. Maintenance. The Local Agency agrees to maintain Project property in good operating order
to the State's satisfaction.
C. Records. The Local Agency agrees to keep satisfactory records pertaining to the use of
Project property,and submit to the State upon request such information as maybe required to
assure compliance with this Section.
D. Encumbrance of Project Property. The Local Agency agrees to maintain satisfactory
continuing control of Project property as follows:
1. Written Transactions. The Local Agency agrees that it will not execute any
transfer of title, lease, lien, pledge, mortgage, encumbrance, third party
agreement,subagreement,grant anticipation note,alienation,innovative finance
arrangement(such as a cross border lease, leveraged lease,or otherwise),or any
other obligation pertaining to Project property, that in any way would affect the
continuing State interest in that Project property.
2. Oral Transactions. The Local Agency agrees that it will not obligate itself in any
manner to any third party with respect to Project property.
3. Other Actions. The Local Agency agrees that it will not take any action adversely
affecting the State interest in or impair the Local Agency's continuing control of
the use of Project property.
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E. Transfer of Project Property. The Local Agency understands and agrees as follows:
1. Local Agency Request. The Local Agency may transfer any Project property
financed with State assistance to another public body or private nonprofit entity to
be used for the same purpose set forth herein with no further obligation to the
State Government, provided the transfer is approved by the State in writing.
2. State Government Direction. The Local Agency agrees that the State may direct
the disposition of, and even require the Local Agency to transfer, title to any
Project property financed with State assistance under this Grant Agreement if it is
found that the Project is not being used for the intended purpose as stated in the
Scope of Work.
3. Leasing Project Property to Another Party. 1f the Local Agency leases any Project
property to another party, the Local Agency agrees to retain ownership of the
leased Project property, and assure that the lessee will use the Project property
appropriately,either through a written lease between the Local Agency and lessee,
or another similar document, consistent with the project purpose set forth herein.
Upon request by the State, the Local Agency agrees to provide a copy of any
relevant documents.
F. Disposition of Project Property. The Local Agency agrees that the State may establish the
useful life of Project property, and that it will use Project property continuously and
appropriately throughout the useful life of that property.
1. Project Property Prematurely Withdrawn from Use. For Project property
withdrawn from appropriate use before its useful life has expired, the Local
Agency agrees as follows:
a) Notification Requirement. The Local Agency agrees to notify the
State immediately when any Project property is prematurely
withdrawn from appropriate use, whether by planned withdrawal,
misuse, or casualty loss.
b) Calculating the Fair Market Value of Prematurely Withdrawn Project
Property. The Local Agency agrees'that the State retains a State
interest in the fair market value of Project property prematurely
withdrawn from appropriate use. The amount of the State interest in
the Project property shall be determined by the ratio of the State
assistance awarded for the property to the actual cost of the property.
The Local Agency agrees that the fair market value of Project
property prematurely withdrawn from use will be calculated as
follows:
(1) Equipment. The Local Agency agrees that the fair
market value of Project equipment and supplies shall be
calculated by straight-line depreciation of that property,
based on the useful life of the equipment as established
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or approved by the State. The fair market value of
Project equipment shall be the value immediately before
the occurrence prompting the withdrawal of the
equipment or supplies from appropriate use. In the case
of Project equipment lost or damaged by fire,casualty,or
natural disaster,the fair market value shall be calculated
on the basis of the condition of that equipment or
supplies immediately before the fire,casualty,or natural
disaster,irrespective of the extent of insurance coverage.
(2) Real Property. The Local Agency agrees that the fair
market value of real property shall be determined either
by competent appraisal based on an appropriate date
approved by the State, or by straight line depreciation,
whichever is greater.
(3) Exceptional Circumstances. The Local Agency agrees
that the State may require the use of another method to
determine the fair market value of Project property. In
unusual circumstances, the Local Agency may request
that another reasonable valuation method be used
including, but not limited to, accelerated depreciation,
comparable sales, or established market values. In
determining whether to approve such a request,the State
may consider any action taken, omission made, or
unfortunate occurrence suffered by the Local Agency
with respect to the preservation of Project property
withdrawn from appropriate use.
c) Financial Obligations to the State. The Local Agency agrees to remit
to the State the State interest in the fair market value of any Project
property prematurely withdrawn from appropriate use. In the case of
fire, casualty, or natural disaster, the Local Agency may fulfill its
obligations to remit the State interest by either:
(1) Investing an amount equal to the remaining State interest
in like-kind property that is eligible for assistance within
the scope of the Project that provided State assistance for
the Project property prematurely withdrawn from use;or
(2) Returning to'the State an amount equal to the remaining
State interest in the withdrawn Project property.
G. Insurance Proceeds. If the Local Agency receives insurance proceeds as a result of damage
or destruction to the Project property, the Local Agency agrees to:
l. Apply those insurance proceeds to the cost of replacing the damaged or destroyed
Project property taken out of service, or
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2. Return to the State an amount equal to the remaining State interest in the
damaged or destroyed Project property.
H. Misused or Damaged Project Property. If any damage to Project property results from abuse
or misuse occurring with the Local Agency's knowledge and consent, the Local Agency
agrees to restore the Project property to its original condition or refund the value of the State
interest in that property, as the State may require.
I. Responsibilities After Project Closeout. The Local Agency agrees that Project closeout by
the State will not change the Local Agency's Project property management responsibilities as
stated in this Section of the Grant Agreement.
Section 7. Insurance [If applicable]
At a minimum, the Local Agency agrees to comply with the insurance requirements normally
imposed by State and local laws.
A. The Local Agency shall obtain, and maintain at all times during the term of this
Agreement and for the term of State Interest, insurance in the following kinds and
amounts:
1. Workers' Compensation Insurance as required by state statute and Employer's
Liability Insurance covering all of Local Agency's and subcontractor's employees
acting within the course and scope of their employment.
2. Commercial General Liability Insurance written on ISO occurrence form CG 00 01
10/93 or equivalent, covering premises operations, fire damage, independent
contractors,products and completed operations,blanket contractual liability,personal
injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
c. $1,000,000 products and completed operations aggregate; and
d. $50,000 any,one fire.
If any aggregate limit is reduced below$1,000,000 because of claims made or
paid, the Local Agency shall immediately obtain additional insurance to
restore the full aggregate limit and furnish to the State a certificate or other
document satisfactory to the State showing compliance with this provision.
3. Automobile Liability Insurance covering any auto(including owned, hired and non-
owned autos)with a minimum limit as follows: $1,000,000 each accident combined
single limit.
B. The State of Colorado shall be named as additional insured on the Commercial General
Liability and Automobile Liability Insurance policies (leases and construction contracts
will require the additional insured coverage for completed operations on endorsements
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CG 2010 11/85, CG 2037, or equivalent). Coverage required of the Agreement will be
primary over any insurance or self-insurance program carried by the State of Colorado.
C. The Insurance shall include provisions preventing cancellation or non-renewal without at
least 45 days prior notice to the State by certified mail.
D. The Local Agency will require all insurance policies in any way related to the Agreement and
secured and maintained by the Local Agency to include clauses stating that each carrier will
waive all rights of recovery, under subrogation or otherwise, against the State of Colorado,
its agencies, institutions, organizations, officers, agents, employees and volunteers.
E. All policies evidencing the insurance coverages required hereunder shall be issued by
insurance companies satisfactory to the State.
F. The Local Agency shall provide certificates showing insurance coverage required by this
Agreement to the State within 7 business days of the effective date of the Agreement,but in
no event later than the commencement of the services or delivery of the goods under the
Agreement. No later than 15 days prior to the expiration date of any such coverage,the Local
Agency shall deliver the State certificates of insurance evidencing renewals thereof. At any
time during the term of this Agreement, the State may request in writing, and the Local
Agency shall thereupon within 10 days supply to the State,evidence satisfactory to the State
of compliance with the provisions of this section.
G. Notwithstanding subsection A of this section, if the Local Agency is a"public entity"within
the meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seg., as
amended ("Act'), the Local Agency shall at all times during the term of this Agreement
maintain only such liability insurance,by commercial policy or self-insurance,as is necessary
to meet its liabilities under the Act. Upon request by the State,the Local Agency shall show
proof of such insurance satisfactory to the State.
Section 8. Utilities, Access, Right of Way
If necessary, the Local Agency will be responsible for obtaining the proper clearance or approval
from any utility company, Local, State, or Federal Government Agency,or other entity which may
become involved in this Project. Prior to this Project being advertised for bids, the Responsible
Party will certify in writing to the State that all such clearances have been obtained.
Section 9. Subcontracting Obligations
The Local Agency agrees that any subcontract entered into under this Agreement shall meet all
applicable state and federal requirements prior to execution.The Local Agency shall not assign this
Agreement without prior written approval to the State; any assignment without such approval shall
be void.
Section 10. Procurement Standards
The Local Agency agrees to carry out its procurements consistent with the general procurement
standards of the State. The Local Agency agrees to follow the general procurement standards set
forth in Exhibit D.
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Section 11. Conformance with Law
The Local Agency and its agent(s) will adhere to all applicable state and federal laws, Executive
Orders and implementing regulations as they currently exist and may hereafter be amended.Further,
the Local Agency agrees to comply with the intent and requirements.of the National Environmental
Policy Act(NEPA) regardless of whether or not there is federal funding involved, as is consistent
with CDOT's Environmental Stewardship Guide.
If any federal funds are used in financing the project,then the Local Agency is responsible to ensure
compliance with applicable federal rules and regulations, including but not limited to, Uniform
Administrative Requirements for Grants (49 CFR Part 18)and the National Environmental Policy
Act.
Section 12. Non Discrimination
The Local Agency agrees to comply with and ensure any subcontractors comply with, the
requirements of:
A. The American with Disabilities Act,Title 11,and its implementing regulations--28 CFR Part
35, and 49 CFR parts 27, 37 and 38; and
B. The Civil Rights Act of 1964,Titles VI and VH, and their implementing regulations.
Section 13. Disadvantaged Business Enterprise Efforts
The Local Agency acknowledges that it is in the best interest of the people of Colorado to
promote and encourage the utilization of minority and women-owned business enterprises. The
Local Agency agrees to encourage the retention of qualified minority and women-owned
businesses in carrying out the Project. The Local Agency agrees to utilize the resources of
CDOT's Center for Equal Opportunity, including its local agency manual at:
http://www dot state.co.us/Desi;nSuL))ort/Local°/o2OAgency%2OManual/2006%2OLocaI%20Age
ncy%20Manual/2006%20Local%20AQencv%20Manual.htm . In addition, the Local Agency
shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of this Project.
If the Local Agency is also receiving federal funds for use with the Project,all funds will be subject
to federal DBE requirements per 49 CFR 26.3,and the Local Agency will be responsible for ensuring
compliance with the DBE requirements of that federal agency.
Section 14. Maintenance Obligations [Not applicable to studies]
The Local Agency will maintain and operate the improvements constructed under this Agreement at
its own cost and expense during their useful life, in a manner satisfactory to the State. The Local
Agency will make proper provisions for such maintenance obligations each year. Such maintenance
and operations shall be conducted in accordance with all applicable statutes, ordinances and
regulations which define the Local Agency's obligations to maintain such improvements. The State
may make periodic inspections of the project to verify that such improvements are being adequately
maintained.
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Section 15. Record Keeping, Performance Monitoring and Audits.
The Local Agency shall maintain a complete file of all records, documents, communications, and
other written materials,which pertain to the costs incurred under this Agreement. The Local Agency
shall maintain such records for a period of three (3) years after the date of termination of this
Agreement or final payment hereunder, whichever is later, or for such further period as may be
necessary to resolve any matters which may be pending. The Local Agency shall make such
materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State to inspect the project and to inspect,review and audit the project records.The
Local Agency shall also permit these same described entities to monitor all activities conducted by
the Local Agency pursuant to the terms of this Agreement. As the monitoring agency may in its sole
discretion deem necessary or appropriate, such monitoring may consist of internal evaluation
procedures, examination of program data, special analyses, on-site check, or any other reasonable
procedure. Further,the Local Agency shall submit periodic and final reports to the State according
to the reporting requirements outlined in the Scope of Work.
Section 16. Termination Provisions
This Agreement may be terminated as follows:
A. Termination for Convenience.The State may terminate this Agreement at any time the State
determines that the purposes of the distribution of moneys under the Agreement would no
longer be served by completion of the project. The State shall effect such termination by
giving written notice of termination to the Local Agency and specifying the effective date
thereof, at least twenty(20) days before the effective date of such termination.
B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a
timely and proper manner,its obligations under this Agreement,or if the Local Agency shall
violate any of the covenants, agreements, or stipulations of.this Agreement, the State shall
thereupon have the right to terminate this Agreement for cause by giving written notice to the
Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the
default or show cause why termination is otherwise not appropriate. In the event of
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps,
models, photographs and reports or other material prepared by the Local Agency under this
Agreement shall,at the option of the State,become its property, and the Local Agency shall
be entitled to receive just and equitable compensation for any materials delivered and
accepted. The Local Agency shall be obligated to return any payments advanced under the
provisions of this Agreement.
Notwithstanding the above,the Local Agency shall not be relieved of liability to the State for
any damages sustained by the State by virtue of any breach of the Agreement by the Local
Agency, and the State may withhold payment to the Local Agency for the purposes of
mitigating its damages until such time as the exact amount of damages due to the State from
the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in
default or that the Local Agency's action/inaction was excusable,such termination shall be
treated as a termination for convenience,and the rights and obligations of the parties shall be
the same as if the Agreement had been terminated for convenience, as described herein.
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C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local
Agency is to be paid, reimbursed, or otherwise compensated with State funds which are
available to the State for the purposes of contracting for the Project provided for herein,and
therefore,the Local Agency expressly understands and agrees that all its rights,demands and
claims to compensation arising under this Agreement are contingent upon availability of such
funds to the State. In the event that such funds or any part thereof are not available to the
State, the State may immediately terminate or amend this Agreement.
Section 17. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that
it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that
authority,and to lawfully authorize its undersigned signatory to execute this Agreement and to bind
the Local Agency to its terms. The person(s) executing this Agreement on behalf of the Local
Agency warrants that such person(s) has full authorization to execute this Agreement, as further
represented by the resolution/ordinance executed by the governing body of the Local Agency.
Section 18. Representatives and Notice
For the purposes of this Agreement,the representative for each party is as designated in the Scope of
Work. Any notice required or permitted may be delivered in person or sent by registered or certified
mail, return receipt requested, to the party at the address provided, and if sent by mail it is effective
when posted in a U.S. Mail Depository with sufficient postage attached thereto. Notice of change of
address or change or representative shall be treated as any other notice.
Section 19. Successors
Except as herein otherwise provided, this Agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
Section 20. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement and all rights of action relating to such enforcement,shall be strictly reserved to the State
and the Local Agency. Nothing contained in this Agreement shall give or allow any claim or right of
action whatsoever by any other third person. It is the express intention of the State and the Local
Agency that any such person or entity,other than the State or the Local Agency receiving services or
benefits under this Agreement shall be deemed an incidental beneficiary only.
Section 21. Governmental Immunity
Notwithstanding any other provision of this Agreement to the contrary,no term or condition of this
Agreement shall be construed or interpreted as a waiver, express or implied, of any of the
immunities,rights,benefits,protection,or other provisions of the Colorado Governmental Immunity
Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree
that liability for claims for injuries to persons or property arising out of negligence of the State of
Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of§ 24-10-101,et seq., C.R.S., as now or hereafter amended and the risk
management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended..
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Section 22. Severability
To the extent that this Agreement may be executed and performance of the obligations of the parties
may be accomplished within the intent of the Agreement,the terms of this Agreement are severable,
and should any term or provision hereof be declared invalid or become inoperative for any reason,
such invalidity or failure shall not affect the validity of any other term or provision hereof.
Section 23. Waiver
The waiver of any breach of a tern, provision, or requirement of this Agreement shall not be
construed or deemed as a waiver of any subsequent breach of such term,provision, or requirement,
or of any other term,provision or requirement.
Section 24. Entire Understanding
This Agreement is intended as the complete integration of all understandings between the parties.
No prior or contemporaneous addition,deletion,or other amendment hereto shall have any force or
affect whatsoever, unless embodied herein by writing. No subsequent novation,renewal, addition,
deletion, or other amendment hereto shall have any force or effect unless embodied in a writing
executed and approved pursuant to the State Fiscal Rules.
Section 25. Survival of Agreement Terms
Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and
conditions of this Agreement and the exhibits and attachments hereto which may require continued
performance,compliance or effect beyond the termination date of the Agreement shall survive such
termination date and shall be enforceable by the State as provided herein in the event of such failure
to perform or comply by the Local Agency.
Section 26. Modification and Amendment
This Agreement is subject to such modifications as may be required by changes in State law or
implementing regulations. Any such required modification shall automatically be incorporated into
and be part of this Agreement on the effective date of such change as if fully set forth herein. Except
as provided above,no modification of this Agreement shall be effective unless agreed to in writing
by both parties.
Section 27. Option Letters
Option' Letters may be used to extend Agreement term, increase or decrease amount of
goods/services, and increase or decrease total contract value.
A. For use when extending services: The State may require continued performance for
services at the rates and terms specified in the Agreement. The State may exercise the
option by written notice to the Local Agency within 30 days prior to the end of the current
Agreement term in a form substantially equivalent to Exhibit E. If the State exercises this
option, the extended Agreement will be considered to include this option provision. The
total duration of this Agreement, including the exercise of any options under this clause,
shall not exceed 5 years.
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- - — - - -B.--For use-when increasing-quantities:-The-State-may-increase the-quantity-of goods/services---------
described in paragraph/schedule/exhibit at the unit prices established in the Agreement.
The State may exercise the option by written notice to the Local Agency within 30 days
before the option begins in a form substantially equivalent to Exhibit E.
Delivery/performance of the goods/service shall continue at the same rate and under the
same terms as established in the Agreement.
C. For use when increasing or decreasing the total Agreement price: The state may
unilaterally increase/decrease the maximum amount payable under this Agreement based
upon the unit prices established in the Agreement and the schedule of services required,
as set by the State. The State may exercise the option by providing a fully executed option
to the Local Agency, in a form substantially equivalent to Exhibit E, immediately upon
signature of the State Controller or his delegate. Performance of the service shall
continue at the same rate and under the same terms as established in the Agreement.
Section 28. Disputes
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 will be decided by the Executive
Director or authorized designee of the Department of Transportation. The decision will be final and
conclusive unless,within 30 calendar days after the date of receipt of a copy of such written decision,
the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the
Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer
evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency
shall proceed diligently with the performance of the Agreement in accordance with the decision. The
decision of the Executive Director or designee for the determination of such appeals will 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. Further, the Parties agree to follow this dispute
resolution procedure prior to filing any action on a dispute in any court of law,and the Parties deem
any applicable statute of limitation or repose to be tolled until sixty (60) days after final agency
action by the Executive Director.
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SPECIAL PROVISIONS FOR THE STATE OF COLORADO
1. CONTROLLER'S APPROVAL.CRS§24-30-202(l).This contract shall not be valid until it has been approved by
the Colorado State Controller or designee.
2. FUND AVAILABILITY.CRS§24-30-202(5.5).Financial obligations of the State payable after the current fiscal year
are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available.
3. GOVERNMENTAL IMMUNITY.No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied,of any of the immunities,rights,benefits,protections,or other provisions,of the Colorado
Governmental Immunity Act,CRS§24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C.§§1346(b)and 2671 et
seq.,as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR.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 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.Unemployment insurance benefits will be available to Contractor and its
employees and agents only if such coverage is made available by Contractor or a third party.Contractor shall pay when
due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract.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 shall(a)provide and keep in force workers'compensation and unemployment
compensation insurance in the amounts required by law,(b)provide proof thereof when requested by the State,and(c)
be solely responsible for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW.Contractor shall strictly comply with all applicable federal and State laws,rules,and
regulations in effect or hereafter established,including,without limitation,laws applicable to discrimination and unfair
employment practices.
6. CHOICE OF LAW.Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the
interpretation,execution,and enforcement of this contract.Any provision included or incorporated herein by reference
which conflicts with said laws,rules,and regulations shall be null and void.Any provision incorporated herein by
reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or
enforceable or available in any action at law,whether by way of complaint,defense,or otherwise.Any provision
rendered null and void by the operation of this provision shall not invalidate the remainder of this contract,to the extent
capable of execution.
7. BINDING ARBITRATION PROHIBITED.The State of Colorado does not agree to binding arbitration by any extra-
judicial body or person.Any provision to the contrary in this contact or incorporated herein by reference shall be null
and void.
8. SOFTWARE PIRACY PROHIBITION.Governor's Executive Order D 002 00.State or other public funds payable
under this 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 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.
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--9--EMPLOYEE-FINAEVCIAL INTEREST/CONFLICT--OF INTEREST.CRS-§§24-18-201.and24-50-50-7_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.
10. VENDOR OFFSET.CRS§§24-30-202(1)and 24-30-202.4.[Not Applicable to intergovernmental agreements]
Subject to CRS §24-30-202.4(3.5),the State Controller may withhold payment under the State's vendor offset intercept
system for debts owed to State agencies for:(a)unpaid child support debts or child support arrearages;(b)unpaid
balances of tax,accrued interest,or other charges specified in CRS§39-2 t-101,et seq.;(c)unpaid loans due to the
Student Loan Division of the Department of Higher Education;(d)amounts required to be paid to the Unemployment
Compensation Fund;and(e)other unpaid debts owing to the State as a result of final agency determination orjudicial
action.
11. PUBLIC CONTRACTS FOR SERVICES.CRS§8-17.5-101.[Not Applicable to agreements relating to the offer,
issuance,or sale of securities,investment advisory services or fund management services,sponsored projects,
intergovernmental agreements,or information technology services or products and services]Contractor certifies,
warrants,and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under
this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this contract,through participation in the E-Verify Program or the Department
program established pursuant to CRS§8-17.5-102(5)(c),Contractor shall not knowingly employ or contract with an
illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract.Contractor(a)shall not use E-Verify Program or Department program procedures to undertake pre-
employment screening of job applicants while this contract is being performed,(b)shall notify the subcontractor and the
contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien for work under this contract,(c)shall terminate the subcontract if a subcontractor does
not stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall comply
with reasonable requests made in the course of an investigation,undertaken pursuant to CRS§8-17.5-102(5),by the
Colorado Department of Labor and Employment.If Contractor participates in the Department program,Contractor shall
deliver to the contracting State agency,Institution of Higher Education or political subdivision a written,notarized
affirmation,affirming that Contractor has examined the legal work status of such employee,and shall comply with all of
the other requirements of the Department program.If Contractor fails to comply with any requirement of this provision
or CRS§8-17.5-101 et seq.,the contracting State agency,institution of higher education or political subdivision may
terminate this contract for breach and,if so terminated,Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS§24-76.5-101.Contractor,if a natural person eighteen
(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(a)is a citizen or otherwise
lawfully present in the United States pursuant to federal law,(b)shall comply with the provisions of CRS§24-76.5-101
et seq.,and(c)has produced one form of identification required by CRS§24-76.5-103 prior to the effective date of this
contract.
Revised 1-1-09
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THE PARTIES HERETO HAVE EXECUTED THIS GRANT
•Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and
acknowledge that the State is relying on their representations to that effect.
GRANTEE STATE OF COLORADO
Bill Ritter.Jr. GOVERNOR
By: Colorado Department of Transportation
Russell George,Executive Director
Title:
By:
For the Executive Director,Colorado Department
*Signature of Transportation
Signatory avers to the State Controller or delegate that
Date: Grantee has not begun performance or that a Statutory
Violation waiver has been requested under Fiscal Rules
Date:
2nd Grantee Signature if Needed LEGAL REVIEW
By: John W.Suthers,Attorney General
Title:
By:
Signature-Assistant Attorney General
*Signature
Date: Date:
ALL GRANTS REOUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Grants.This Grant is not valid until signed and dated
below by the State Controller or delegate.Grantee is not authorized to begin performance until such time.If Grantee
begins performing prior thereto,the State of Colorado is not obligated to pay Grantee for such performance or for any
goods and/or services provided hereunder.
STATE CONTROLLER
David J.McDermott,CPA
By:
Controller-Colorado Department of Transportation[
Date:
A pr d A o Form
Deputy City Attorney
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SAP ID: 291000634
-- -----EXHIBIT A - — - -
SCOPE OF WORK AND CONDITIONS
City of Fort Collins
Recipient Organization:
City of Fort Collins
PO Box.580
Fort Collins CO 80522-0580
Project Contact:
Kathleen Bracke,
Transportation Planning & Special Projects Director
City of Fort Collins
PO Box 580
Fort Collins CO 80522-0580
CDOT Contact Information:
Tom Mauser
Colorado Department of Transportation
Modal Programs Manager, Division of Transportation Development
4201 E. Arkansas Avenue
Denver, CO 80222
Ph: (303) 757-9768 Fax: (303) 757-9727
Email: Tom.Mauser@dot.state.co.us
Project Overview:
The Local Agency will design and construct a transit facility. The South Transit Center will
serve as an intermodal transfer station and will contain a bus turnaround, pedestrian waiting
shelter, site furnishings, security lighting, identification signage, signage for transit rider
information, and landscape improvements, as well as parking. However, parking spaces will not
be considered part of the SB I project and no SB I funding will be awarded for this project
component.
This transit facility will have access to the Mason Corridor"MAX" Bus Rapid Transit service
and Mason Bicycle/Pedestrian Trail. The facility will also allow access for buses other than
those of the Mason BRT to circulate through to make passenger transfers.
The new South Transit Center will serve as the southern hub for the Mason BRT service as well
as serve the east/west local transit routes on Harmony Road and the existing regional Foxtrot
transit service on US287 between Fort Collins and Loveland. This station will provide a key link
for regional transit service between Fort Collins and other North Front Range communities to
Denver Metro and Boulder area destinations.
The new South Transit Center will be located on a 3.32 acre site purchased by the City of Fort
Collins specifically for this project. The site is located just west of College Ave, south of.
Harmony Road. The physical address is 4919 S College Ave (Larimer County Assessor's Office
Parcel #96021-00-939).
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The-final-product-will-be-a-new;fully-operational-transit-center.—The-project-will-be-considered --------- --
complete when construction"is finished, the facility passes city inspection, and is approved as
satisfactory by the State and Local Agency.
Specific Project Elements:
The Local Agency's Transportation Planning Department and Transfort staff will jointly manage this
project. A competitive bid process, in accordance with local, state and federal procurement
regulations will be utilized to select a design/engineering firm and the construction contractor. The
bid process will ensure all prospective bidders are aware of any and all employment and materials
related requirements.
Project Budget and Funding:
Final design/engineering: $212,000
Land Acquisition/ROW: $1,000,000
Construction: $3,788,000
Total project budget: $5,000,000
SourceFunding Amount Percentage
SB 97-1 State $'400`Q., 00080�
Dollars
Local Match (Land $IOOQ, 00020l1r1y
Value) . .
The project will be completed in two phases. Phase I will be design/engineering and will be
funded with $212,000 of the awarded$4,000,000 SB I funds. The Local Agency will provide at
least$53,000 in local in-kind match for a total contract of$265,000. This scope of work governs
Phase I, the design portion of the project, which includes design and engineering of all interior
and exterior components of the project.
It is understood that the design/engineering phase will be conducted for both the transit space and
for the parking space of this project. The design/engineering final product will clearly delineate
the proportion of land to be dedicated for the transit center from that dedicated to parking.
Construction estimates will likewise delineate such costs.
The local agency will only bill the State for design/engineering work associated with the level of
effort for the transit space based on the proportion of the land dedicated to parking, as set forth
above. This needs to be clearly stated in the invoice sent to the State for reimbursement.
Phase II is facility construction-and will be funded with the remaining awarded SB l funding of
$3,788,000. The Local Agency will provide 20% in-kind local match of at least $947,000 for
phase II.
Phase II will be incorporated into this scope of work by means of a change order, which would be
offered by the state upon satisfactory review of the results of phase I, including specific design
details and facility amenities. The change order will also address any budget adjustments from
Phase I for the actual incurred costs for the design and engineering.
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— --M1-funding-required-for-this-project-is-secured.—T-he-required 20%-local-match-for-the-total-projeet- -
(Phases I &2)is in the form of land match. Parking spaces for the new South Transit Center will be
built using other sources of funding, which shall be confirmed in the City's existing budget.
Local match of$1,000,000 for the South Transit Center is available immediately via the land value
of the project site. As the transit center will not comprise 100%of the parcel,the land value counted
as match will be proportionate to the percentage of land used for the SBI funded portion of the
project.
The Local Agency will obtain an appraisal of the parcel of land the SB I transit facility will
encompass,using an appraiser outside of the Local Agency.The Local Agency will submit the new
appraised land value for this property to the State for approval once complete. For the purposes of
Phase I,the State will accept the most recent appraisal on this land until the Local Agency submits an
updated land assessment.
The Local Agency agrees to submit invoices for reimbursement no more than monthly and will
include with each submittal an update detailing the project's progress. Because the local match
contribution for this Project consists of property, for each billing the city will detail the local
contribution for that invoice cycle. When submitting an invoice to the state for reimbursement,
the Local agency will also provide a detailed cost breakdown that shows the Local Agency's
match through a draw-down schedule against the appraised value of the land.
Contractor Selection Process:
The Local Agency has completed the conceptual design phase for the STC and upon execution of
this SB-1 funding contract with CDOT, the Local Agency will initiate the final design/engineering
phase of the project. The Local Agency will use a competitive bid process,in accordance with local,
state and federal procurement regulations to select all consultants and contractors.
Project Timeframe:
Final design is expected to take 9-12 months, including the competitive bid process for a qualified
consultant. Construction will take 9 -12 months, including the competitive bid process for a
qualified construction firm.
While the South Transit Center is a component of the Mason Corridor Bus Rapid Transit project,it
also has the ability to be implemented before the corridor.is complete due to the site's ability to serve
existing as well as future local ®ional transit routes.
The entire South Transit Center will be complete 24-28 months after initiation. The anticipated
schedule is to have the South Transit Center project complete and operational by mid 2011.
Environmental Clearances-
The Local Agency is responsible for receiving all relevant environmental clearances from CDOT
Region 4 prior to construction.
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- —State-Interest: ---------------- -- — -- -----
The State's interest in the facility is for the duration of 10 years from the date of construction
completion. If during that period, the Local Agency wishes to withdraw the facility from the
stated use, the Local Agency agrees to follow disposition procedures outlined in Section 6 of this
Agreement and to notify and confer with CDOT.
Project Measurement and Reporting:
The Local Agency will submit a report to CDOT showing the average number of buses using the
current southern bus transfer facility now, and an annual report commencing one year after the
new facility is erected, showing the average number of buses using the new facility since
becoming operational.
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EXHIBIT B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
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EXHIBIT C
49 C.F.R. 18 SUBPART C
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-- 9-CFR-18-Subpar-CC—Post=Award-Requirements
Financial Administration
Sec. 18.20 Standards for financial management systems.
(a) A State must expand and account for grant funds in accordance with State laws and
procedures for expending and accounting for its own funds. Fiscal control and accounting
procedures of the State, as well as its subgrantees and cost-type contractors, must be sufficient to-
(1) Permit preparation of reports required by this part and the statutes authorizing the
grant, and
(2) Permit the tracing of funds to a level of expenditures adequate to establish that such
funds have not been used in violation of the restrictions and prohibitions of applicable
statutes.
(b)The financial management systems of other grantees and subgrantees must meet the following
standards:
(1) Financial reporting. Accurate, current, and complete disclosure of the financial results
of financially-assisted activities must be made in accordance with the financial reporting
requirements of the grant or subgrant.
(2) Accounting records. Grantees and subgrantees must maintain records which
adequately identify the source and application of funds provided for financially assisted
activities. These records must contain information pertaining to grant or subgrant awards
and authorizations, obligations, unobligated balances, assets, liabilities, outlays or
expenditures, and income.
(3) Internal control. Effective control and accountability must be maintained for all grant
and subgrant cash, real and personal property, and other assets. Grantees and subgrantees
must adequately safeguard all such property and must assure that it is used solely for
authorized purposes.
(4) Budget control. Actual expenditures or outlays must be compared with budgeted
amounts for each grant or subgrant. Financial information must be related to performance
or productivity data, including the development of unit cost information whenever
appropriate or specifically required in the grant or subgrant agreement. If unit cost data
are required, estimates based on available documentation will be accepted whenever
possible.
(5) Allowable cost. Applicable OMB cost principles, agency program regulations, and the
terms of grant and subgrant agreements will be followed in determining the
reasonableness, allowability, and allocability of costs.
(6) Source documentation. Accounting records must be supported by such source
documentation as cancelled checks, paid bills, payrolls, time and attendance records,
contract and subgrant award documents, etc.
(7) Cash management. [NOT APPLICABLE]
(c) [NOT APPLICABLE]
(d) [NOT APPLICABLE]
Sec. 18.21 Payment. [NOT APPLICABLE]
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Sec.-18.22 Allowable-costs.— — — - ------
(a) Limitation on use of funds. Grant funds may be used only for:
(1) The allowable costs of the grantees, subgrantees and cost-type contractors, including
allowable costs in the form of payments to fixed-price contractors; and
(2) Reasonable fees or profit to cost-type contractors but not any fee or profit(or other
increment above allowable costs) to the grantee or subgrantee. .
(b) Applicable cost principles. For each kind of organization, there is a set of Federal principles
for determining allowable costs. Allowable costs will be determined in accordance with the cost
principles applicable to the organization incurring the costs. The following chart lists the kinds of
organizations and the applicable cost principles.
For the costs of a Use the principles in--
State, local or Indian tribal government. OMB Circular A-87.
Private nonprofit organization other than an (1) OMB Circular A-122.
institution of higher education, (2) hospital, or(3)
organization named in OMB Circular A122 as not
subject to that circular.
Educational institutions. OMB Circular A-21.
For-profit organization other than a hospital and an 48 CFR part 31. Contract Cost Principles
organization named in OMB Circular A122 as not and Procedures, or uniform cost
subject to that circular. accounting standards that comply with
cost principles acceptable to the Federal
agency.
(c) [NOT APPLICABLE]
(d) [NOT APPLICABLE]
(e) [NOT APPLICABLE]
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-- ---EXHIBIT-D
GENERAL PROCUREMENT STANDARDS
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-- -------- - — --General"Pro—Pro ement-Standards-"—
1. Maintain a contract administration system which ensures that contractors perform in
accordance with the terms, conditions, and specifications of the contract or purchase
order.
2. Maintain a written code of standards of conduct governing the performance of their
employees engaged in the award and administration of contracts.
3. Maintain procedures that provide for the review of proposed procurements to avoid
purchase of unnecessary or duplicative items.
4. Use value engineering clauses in contracts for construction projects of sufficient size
to offer reasonable opportunities for cost reductions.
5. Make awards only to responsible contractors possessing the ability to perform
successfully under the terms and conditions of the proposed procurement.
Consideration shall be given to such matters as contractor integrity, compliance with
public policy, record of past performance, and financial and technical resources.
6. Maintain records sufficient to detail the significant history of the procurement.
Including:
a. Rationale for the method of procurement
b. Selection of contract type
c. Contractor selection or rejection
d. Basis for the contract price
e. , Other
7. Maintain protest procedures to handle and resolve disputes relating to procurements.
8. All procurement transactions shall be conducted in a manner providing full and open
competition.
9. Maintain written selection procedures for procurement transactions
10. Ensure that all pre-qualified list of persons, firms, or products which are used in
acquiring goods and services are current and include enough qualified sources to
ensure maximum open and free competition.
11. Method of procurements to be followed:
a. Small Purchase-are those relatively simple and informal procurement methods
for securing services, supplies, or other property that do not cost more than
$150,000.00. If small purchase procedures are used, price or rate quotation shall
be obtained from at lease three sources. Quotations will be in writing if for goods
in excess of$10,000 and if for services in excess of$25,000.00.
b. Formal Sealed Bids -Bids are publicly solicited and a firm-fixed-price contract
(lump sum or unit price) is awarded to the responsible bidder whose bid,
conforming with all the material terms and conditions of the invitation for bids, is
the lowest in price. This method is preferred for procuring construction. If this
method is used the following requirements apply:
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------ ---i. Musrb�publicly advertised --- -- - — -
ii. Must give at least 14 days for bidders to respond
iii. Must include any specifications and pertinent attachments to all bidders to
respond properly
iv. All bids will be publicly opened at the time and place prescribed in the
invitation for bid
v. A firm fixed-price contract award will be made in writing to the lowest
responsive and responsible bidder.
vi. Any or all bids may be rejected if there is a sound documented reason
c. Competitive Proposals- is generally used when conditions are not appropriate for
the use of sealed bids. If this method is used the following requirements apply:
i. Request for proposals will be publicized
ii. Identify all evaluation factors and their relative importance
iii. Proposals will be solicited from an adequate number of qualified sources
iv. Have a method for conducting technical evaluation of the proposals
received and for selecting awardees
v. Awards will be made to the responsible firm whose proposal is most
advantageous to the program, with price and other factors considered
vi. May be used for qualifications-based procurement of
architectural/engineering professional services whereby competitors'
qualifications are evaluated and the most qualified competitor is selected.
Note-the method, where price is not used as a selection factor, can only
be used in procurement of A/E professional services. It cannot be used to
purchase other types of services through A/E firms.
d. Noncompetitive Proposals - may be used only when the award of a contract is
infeasible under the other three methods and the following circumstances applies:
i. The item is available only from a single source;
ii. The public exigency or emergency for the requirement will not permit a
delay resulting from competitive solicitation
iii. The awarding agency authorizes noncompetitive proposals; or
iv. After solicitation of a number of sources, competition is determined
inadequate.
12. Small, Minority and Women owned business enterprise and labor surplus area firms -
Take affirmative steps to assure that minority and women business enterprises, and
labor surplus area firms are used when possible.
i. Placing qualified firms on solicitation lists;
ii. Assuring that firms are solicited whenever they are potential sources;
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--- iii-Dividingt—ofal quantities to permit maximum participation —
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by S/M/W owned firms.
v. Using the services of the Small Business Administration, Minority
Business Development Agency of the Department of Commerce, the
CDOT EO office or other agencies that qualify S/M/W owned firms.
13. Bonding requirements—For construction or facility improvement contracts or
subcontracts exceeding$100,000.00.
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EXHIB-IT-E -- - --
SAMPLE OPTION LETTER
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COMSRouti ngNo:09-HTD-00082
SAP ID: 291000634
SAMPLE OPTION-L-E-T-T-ER --
(This option has been created by the Office of the State Controller for CDOT use only)
NOTE: This option is limited to the specific contract scenarios listed below
AND cannot be used in place of exercising a formal amendment.
Date: State Fiscal Year: Option Letter No. CLIN Routing #
Vendor name:
A. SUBJECT: (Choose applicable options listed below AND in section B and delete the rest)
1. Option to renew (for an additional term) applies to Highway and Signal maintenance contracts ONLY; this
renewal cannot be used to make any change to the original scope of work;
2. Level of service change within current term due to an unexpected Local overmatch on an
overbid situation ONLY;
3.1 Option to add phasing to include Design, Construction, Environmental, Utilities, ROW
incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or
Railroads);
4. Option to update funding (a new Exhibit A must be attached with the option letter and shall be labeled A-1
(future changes for this option shall be labeled as follows: A-2, A-3, A-4, etc.)
B. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set
forth below:
(insert the following lanquage for use with Options#1):
In accordance with Paragraph(s) of contract routing number(insert FY,Agencycode.&CLINrouting
#),between the State of Colorado, Department of Transportation,and (insert contractor's name)the state hereby
exercises the option for an additional term of (insert performance period here) at a cost/price specified in
Paragraph/Section/Provision of the original contract, AND/OR an increase in the amount of
goods/services at the same rate(s)as specified in Paragraph of the original contract.
(Insert the following language for use with Option #2):
In accordance with the terms of the original contract (insert FY,Agency code& CLIN routing#)between the State
of Colorado, Department of Transportation and (insert contractor's name here), the State hereby exercises the
option to record a level of service change due to unexpected overmatch dollars due to an overbid situation. The
contract is now increased by (indicate additional dollars here) specified in Paragraph/Section/Provision
of the original contract.
(Insert the following lanquage for use with Option #3):
In accordance with the terms of the original contract(insert FY,Agency code& CLIN routing#)between the State
of Colorado, Department of Transportation and (insert contractor's name here), the State hereby exercises the
option to add an overlapping phase in (indicate Fiscal Year he that will include (describe which phase will be
added and include all that apply — Design, Construction, Environmental, Utilities. ROW incidentals or
Miscellaneous). Total funds for this contract remain the same (indicate total dollars here) as referenced in
Paragraph/Section/Provision/Exhibit of the original contract.
(Insert the following language for use with Option #4):
In accordance with the terms of the original contract (insert FY, Agency code& CLIN routing#)between the
State of Colorado, Department of Transportation and (insert contractor's name here), the State hereby
exercises the option to update funding based on changes from state, federal, local match and/or local agency
overmatch funds. The contract is now(select one: increased and/or decreased)by(insert dollars he
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SAP ID: 291000634
speciffed-in Paragraph/:Section/=Provision/Exhibit-- of-the 6riginal-contract.—A-new-Exhibit A=1 — —
is made part of the original contract and replaces Exhibit A. (The following is a NOTE only so please delete
when using this option:future changes for this option for Exhibit A shall be labeled as follows: A-2, A-3, A-4,
etc.).
(The following language must be included on all options):
The amount of the current Fiscal Year contract value is (increased/decreased]by($amount of change)to a new
contract value of($ )to satisfy services/goods ordered under the contract for the current fiscal year
(indicate Fiscal Year. The first sentence in Paragraph/Section/Provision is hereby modified
accordingly.
The total contract value to include all previous amendments,option letters, etc. is ($ ).
The effective date of this Option Letter is upon approval of the State Controller or delegate,whichever is later.
APPROVALS:
Contractor Name: State of Colorado:
Bill Ritter, Jr. Governor
By: By: Date:
Name For the Executive Director
Title Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Contracts.This Contract is not valid
until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin
performance until such time. If Contractor begins performing prior thereto,the State of Colorado is not
obligated to pay Contractor for such performance or for any goods-and/or services provided
hereunder.
State Controller
David J. McDermott, CPA
By:
Date:
Effective: April 1, 2008
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EXHIBIT F
PROJECT APPLICATION
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COFRS RoutingNo:09-HTD-00082
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Strategic Transit Project Application Form - -- - --
Applicant,Organization: City of Fort Collins- Transfort
Applicant address: 6570 Portner Road
Fort Collins,CO 80525
Contact person: Marlys Sittner,
Phone: 970/416-2113
Email address: Msittner@fcgov.com FAX: 970/221-6285
1. Project Title and Descriptive Title: (limit to 25 words)
The New South Transit Center, on US 287/South College Avenue, south of Harmony
Road- final design/engineering and construction.
2. What is the total project cost? $5,000,000
What is the total amount of State funding requested? $4,000,000
3. Type of Project:
Rolling stock: replacement_expansion_
Rail or BRT elements
Bus Maintenance Facility: replacement: expansion_
Bus transfer/intermodal facility: _X
Planning: Other
4. Applicant Information and Description of Transit Program:
Transfort operates fixed route transit as a department of the City of Fort Collins, a Colorado
municipality. Fixed route transit operates within the Fort Collins Growth management area,
along with regional service connecting to the City of Loveland. Routes operate 12 hours/day, 6
days per week, on 20- 30-or 60- minute headways. Passengers range from K-12 and higher
education students, to commuters, seniors and disabled. All Transfort routes originate from one
of three Transit Centers: the Downtown Transit Center, the Transit Center at Colorado State
University(with a new building to open August 2006) and the current South Transit Center. The
Downtown Transit Center currently has indoor passenger waiting areas, vending machines and
Customer Service Representatives. The new Transit Center at Colorado State University
opening in August 2006 will host indoor passenger waiting areas, a convenience store and
Customer Service Representatives. The existing South Transit Center hosts an outdoor waiting
area, bus pull up locations and few passenger amenities. Dial-A-Ride is paratransit service as
mandated by the Americans with Disabilities Act. Under City Council direction, Dial-A-Ride
expanded the scope of service to include eligibility for any resident aged 60 years or over with
expanded service hours and area beyond ADA requirements.
5. Project Description:
The project includes final design/engineering and construction of the new South Transit Center
in Fort Collins. The South Transit Center, located on US 287/South College Avenue, south of
Harmony Road, will cater to local and regional.public transit services in the North Front Range.
The new South Transit Center is a key element of the Mason Transportation Corridor(Mason),
which was identified by the Federal Transit Administration (FTA) as part of the New Starts
program. The Mason Corridor is a 5.5 mile north-south Bus Rapid Transit(BRT) corridor within
the City of Fort Collins, which extends from Cherry Street on the north to Harmony Road on the
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mouth.I'he center ofthe-corrtdor is-along-the-Burlington Northern Santa Fe (BNSF) Railway
tracks, located a few hundred feet west of College Avenue (US 287). There is currently no
transportation route through Fort Collins dedicated to the north/south flow of bikes, transit, and
pedestrians. Buses compete with autos on College Avenue; bicycles make circuitous trips to
travel through the city, and pedestrians encounter"unfriendly" vehicle traffic and unsafe walking
conditions. The Mason corridor is intends to enhance opportunities for pedestrians, bicyclists,
and transit riders along its length and supports economic development. The Mason BRT service
will provide a direct north/south route and a faster passenger-trip time using high-frequency
transit technologies within a dedicated guideway along the BNSF railroad tracks, giving travelers
a convenient choice over driving their cars on the increasingly congested College Avenue.
The proposed New South Transit center as seen in Figure I will serve as the southern hub for the
Mason BRT service as well as serve the east/west local transit routes on Harmony Road and the
existing regional Foxtrot transit service on US287 between Fort Collins and Loveland. Based on
the draft recommendations from the current North I-25 Environmental Impact Statement, the
New South Transit Center will serve a major role with either of the two transit alternatives—
either as a Commuter Rail station or as a regional BRT station—thus, providing a key link for
regional transit service between Fort Collins and other North Front Range communities to the
Denver Metro and Boulder area destinations. The South Transit Center will have vehicular
access from US 287/South College Avenue via Fairway Lane and Fossil Boulevard. This facility
will be an attractive, permanent Transit Center that caters to a wide range of users with 250
parking spaces, a "Kiss-n-ride" drop off, and access to the Mason Corridor bicycle/pedestrian
trail. The new location is designed to intercept users so they can easily access the BRT and other
Transfort routes rather than driving into the city. The South Transit Center will also be designed
to allow buses other than those of the Mason BRT to circulate in and out to make cast/west
passenger transfers. The new South Transit Center will contain a bus turnaround, a pedestrian
waiting shelter, site furnishings for user comfort and safety, security lighting, identification
signage, signage for transit rider information and landscape improvements. The City of Fort
Collins prides itself on being a front runner of innovative and eye-catching transit facility design.
When the need arose for a transfer center in Downtown, the City used an opportunity to
rehabilitate a historic transportation building as seen in Figure 2. Housed in the former C &S
Freight Depot, the Downtown Transit Center hosts customer service representatives, information
and ticket sales for Transfort as well as for private long distance carriers, public meeting spaces
and offices. Another excellent example of innovative partnership and transit center design is the
joint effort by Transfort, Colorado State University, and FTA. Fort Collins will be celebrating the
grand opening of the Transit Center at Colorado State University (CSU) in August 2006 as seen
in Figure 3. This pioneering transit center is attached to CSU's Lory Student Center in the heart
of campus, using the land value as local match. The design focused on passenger and staff
comfort, environmental impacts of construction and use, a the melding of a transit operation with
a higher education facility. The Transit Center at Colorado State University includes customer
service representatives, indoor passenger waiting areas, meeting spaces and offices. The new
South Transit Center is envisioned to meet or exceed this high level of success achieved by the
Downtown and CSU transit centers.
c
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6. What is the strategic importance of implementing this particular project?
(a) If you are applying on the basis of the project increasing ridership through improving
transit connections between communities, please describe how the project would do so:
The new South Transit Center replaces the current South Transit Center, and will be located
approximately two miles south of the current site in order to,better serve the southern portion of
the Fort Collins' community and to serve existing and future regional transit connections. In
addition, relocation of the South Transit Center to the new site is needed as the existing transfer
point is adjacent to a shopping center, in the midst of a highly developed retail area with limited
vehicle access and lack of ability to connect into existing local and future regional transit
systems. Also, the current transit center has no designated Park& Ride facilities, no room to
accommodate additional buses, and limited passenger amenities. The new South Transit Center
will host bus bays for both Bus Rapid Transit and traditional buses, enabling transfers for
regional or local routes. In addition to the substantial local benefits, the new South Transit Center
provides key linkages to the future regional transit system and will provide direct, convenient,
and safe travel choices for thousands of people on a daily basis.
Within the North Front Range region, the new South Transit Center will host the existing
regional connection between Fort Collins and Loveland providing access to key medical,
education, employment, residential, and shopping destinations. Ultimately, transit users will
access the South Transit Center, for eventual regional connections to Loveland, Longmont and
the FasTracks network serving the Denver/Boulder metropolitan area. The draft North I-25
Environmental Impact Statement is recommending two public transit alternatives, both of which
rely heavily on the new South Transit Center. The Commuter Rail alternative along the BNSF
corridor uses the new South Transit Center as a scheduled stop and connection to local transit
service. The I-25 Bus Rapid Transit alternative, including BRT service along Harmony Road to
I-25, utilizes the new South Transit Center to serve the Fort Collins community.
7. In which calendar years do you desire specific amounts of funding for this project?
2006$1,500,000 for final design
2007 $3,500,000 for construction
2008$
2009 $
2010 $
8. Are there any special circumstances that require that funding be in the specific years
requested? (How flexible are the specific years?)
The funding years are flexible; however it is necessary to have this new South Transit Center
operational by 2010 to fit the project timeline for the Mason BRT service. The funding split
shown above includes more than adequate final design/engineering time, before construction and
capital expenditures begin. Given that all physical improvements (BRT station, passenger
amenities, parking facilities, pedestrian access improvements,etc.) are within the existing
publicly held land, the project engineering phase should move ahead quickly and smoothly.
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9. From where-will you obtain/provide the local 20% matching funds?
The City of Fort Collins made a commitment to the South Transit Center by purchasing the land
in 2003 as part of the overall Mason Transportation Corridor improvements. The land value,
based upon the purchase price paid by the City in 2003, is $1,032,000 which will more than
cover the City's 20% local match commitment. As part of the 2003 purchasing process, the site
was cleared environmentally through a Categorical Exclusion determination.
10. Describe the commitment of your organization to maintaining the project and
sustaining the service that would be provided over the life of the project.
The City has a long standing reputation for building, maintaining and sustaining high quality
transportation projects and services. The new South Transit Center will be operated and managed
to the same high standards using local and federal transit funds using local and federal transit
funds.
11. Describe the"readiness"of the project. Are any additional steps necessary prior to
being able to expend the funds? (e.g. NEPA clearances, commitments from other partners,
legal commitments).
City of Fort Collins
South Transit Center
Page 5 of 5
The City of Fort Collins made a strong commitment to the new South Transit Center by
purchasing the 4.2 acres in order to proceed with the Mason Transportation Corridor. Prior to
completing the purchase, CDOT issued a Categorical Exclusion for the land acquisition.
Therefore, the new South Transit Center project is ready to move forward to final
design/engineering and construction.
12. Is this proposed project consistent with regional priorities as expressed through the
regional planning process and within your TPR's Regional Transportation Plan?
Transfort's future, including the Mason BRT system, was charted in the adopted Strategic
Operating Plan, which transforms the current transit system into a high-frequency grid system.
This community-wide transit system, including the Mason BRT and the new South Transit
Center, is also reflected in "City Plan" and the "Transportation Master Plan" approved by City
Council in 1996 and updated in 2004. Also, this project is included in the North Front Range
Metropolitan Planning Organization's (NFR MPO) adopted 2030 Regional Transportation Plan
as project number T1023.
13. Describe how you think the project provides economic vitality to the community, region
and state. Indicate if the project specifically addresses environmental justice objectives.
This project improves economic vitality by providing convenient, safe, reliable and effective
access to work, home, shopping and medical services for passengers. This relocation of the
South Transit Center better accommodates local and regional transit customers so that they can
access the transit system prior to driving into the congested core areas of the City as well as has
the potential to reduce regional automobile trips along I-25. Based upon the 2000 Census data,
the Mason BRT system, including the new South Transit Center, will serve many low-income,
minority populations along the corridor.
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COFRSRoutingNo:09-HTD-00082
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-14.Describe how you think the project increases mobility on congested portions of-the state —
highway system.
College Avenue(US 287) cuts through the center of Fort Collins and constantly experiences
traffic delays and mode conflicts. The 2030 North Front Range Metropolitan Planning
Organization's 2030 Regional Transportation Plan projects traffic volumes on US 287 to double
to 80,000 vehicles per day within the City limits and sections of the state highway will operate at
Level of Service F. Existing retail, employment, and residential development constrain the US
287 corridor to make even minor roadway expansion prohibitive. Access to/from the Mason
BRT system via the new South Transit Center will provide a direct and convenient alternative for
travelers to avoid the increasing congestion on US 287.
15. Indicate whether your project leverages funding from other sources or offers an
overmatch.
The City purchased the land for the new South Transit Center with local sales tax funding. This
proposed project will be an excellent example of leveraging funds, demonstrating a strong
local/state partnership approach.
16. Please provide any other pertinent information regarding the project.
38 of 38
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RESOLUTION 2009-052
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS AND
THE COLORADO DEPARTMENT OF TRANSPORTATION FOR
THE DESIGN OF THE SOUTH TRANSIT CENTER
WHEREAS,the Mason Corrdior/MAX Bus Rapid Transit(BRT)Project includes within its
scope the construction of a Transit Center to function as a"Park-n-Ride"and southern terminal for
the MAX BRT service, which South Transit Center will be located in the approximate vicinity of
the intersection of Fairway Lane and Fossil Boulevard; and
WHEREAS,it is scheduled that the architectural and engineering design phase of the South
Transit Center will be completed by the end of 2009 and in support of that effort, the Colorado
Department of Transportation has made available to the City the sum of$212,000 to assist in funding
the design phase of the South Transit Center upon the condition that the City provide local funds in
the amount of$53,000 through an "in-kind"match by reason of the City's provision of land upon
which-to locate the South Transit Center, for a total project cost of$265,000.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute an intergovernmental agreement with the
Colorado Department of Transportation in the form of agreement on file in the office of the City
Clerk together with such additional terms and.conditions as the City Manager, in consultation with
the City Attorney,deems necessary or appropriate to protect the interests of the City or to effectuate
the purposes of this Resolution, for the funding of the design phase of the South Transit Center for
the MAX BRT Project.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd
day of June, A.D. 2009.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 069, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE
CAPITAL PROJECTS FUND, MASON CORRIDOR PROJECT FOR THE
SOUTH TRANSIT CENTER PROJECT
WHEREAS, the Mason Corridor Project is a five-mile, north-south byway extending from
Cherry Street to just south of Harmony Road; and
WHEREAS, the South Transit Center (the "STC") which is a component of the Mason
Corridor Bus Rapid Transit service is ready for final design; and
WHEREAS, the STC will be built on City-owned property located near the intersection of
Fairway Lane and Fossil Boulevard(the"Site")that was specifically purchased in 2003 to use as a
transit center; and
WHEREAS,the City Council has adopted Resolution 2008-090 authorizing the City to enter
into an intergovernmental agreement with the Colorado Department of Transportation ("CDOT")
to provide funding for Phase 1 of the Mason Corridor- Mason Express Bus Rapid Transit project
(the "Project"); and .
WHEREAS, CDOT's SB-1 Strategic Transit Project funding program will provide 80%of
the project costs in the amount of$212,000,and the 20%local match in the amount of$53,000 will
be provided by the use of the Site; and
WHEREAS,the remainder of the State funds for construction of the STC will be granted to
the City via a subsequent contract with CDOT, where the total State contribution approved for the
STC portion of the Mason Corridor project is $4,000,000; and
WHEREAS, Article V, Section 9, of the City Charter authorizes the City Council 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 to be received
during the fiscal year; and
WHEREAS, City staff have determined that the appropriation of the revenue as described
herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current
estimate of actual and anticipated revenues to be received in that fund during any fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated from unanticipated revenue from the Colorado
Department of Transportation SB-1 funds in the Capital Projects fund the sum of TWO HUNDRED
TWELVE THOUSAND DOLLARS($212,000)for expenditure in the Capital Projects Fund,Mason
Corridor Project - Phase 1 Mason Express Bus Rapid Transit.
Introduced,considered favorably on first reading,and ordered published this 2nd day of June,
A.D. 2009, and to be presented for final passage on the 7th day of July, A.D. 2009.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 7th day of July, A.D. 2009.
Mayor
ATTEST:
City Clerk