HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/07/2012 - ITEMS RELATING TO THE MASON CORRIDOR BUS RAPID TRADATE: February 7, 2012
STAFF: Helen Migchelbrink
Kurt Ravenschlag
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 16
SUBJECT
Items Relating to the Mason Corridor Bus Rapid Transit Project.
A. Resolution 2012-005 Authorizing the Execution of a Project Construction Grant Agreement between the City
and the Federal Transit Administration for the Construction of the Mason Corridor (MAX) Bus Rapid Transit
Project.
B. First Reading of Ordinance No. 008, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund,
Mason Corridor Project for the MAX Bus Rapid Transit Project.
EXECUTIVE SUMMARY
In 2009, the Federal Transit Administration (FTA) approved Small Starts funding to construct the MAX Bus Rapid
Transit (BRT) Project. Previous Council actions appropriated $54,622,000 of FTA funds, and $17,366,772 of funding
designated for local match. This Ordinance appropriates the remaining identified FTA funds of $14,845,076, to achieve
the total $86,833,848 project cost. This Resolution authorizes the execution of the final contract for the Project
Construction Grant Agreement with the FTA.
BACKGROUND / DISCUSSION
The MAX Bus Rapid Transit Project is a north-south bus system located in the central area of Fort Collins. The Project
extends from the Downtown Transit Center at Maple Street to approximately 1/4 mile south of Harmony Road, with
a total length of approximately five miles. The BRT system is proposed within an exclusive bus-only guideway for 2.8
miles, with the remaining 2.2 miles intermixed with street traffic on portions of existing McClelland Drive and North
Mason Street. Along the entire length of the corridor, the BRT system runs parallel to the existing Burlington Northern
Santa Fe (BNSF) railroad tracks. The BRT system is just west of, and parallel to, College Avenue (US 287). Within
the BRT travel-way, there will be two Transit Centers and twelve stations/stops, including six park and ride locations.
The Project includes improvements to the existing Downtown Transit Center (the northern terminus for the BRT) and
the construction of the new South Transit Center (the southern terminus for the BRT). Lastly, the Project includes
expansion of the existing Transfort Maintenance Facility to accommodate six new exclusive BRT buses.
The implementation of the MAX BRT is an essential step to achieving the Transfort transit system vision. Removing
bus traffic from the highly congested College Avenue corridor and creating an exclusive guideway will provide the
backbone for the future transit system. The MAX BRT will provide the essential infrastructure to redesign the transit
system to improve effectiveness.
Project Schedule:
FTA Design Review: January 2012
Release Bid: February 2012
Begin Construction: Spring 2012
Begin Revenue Operations: Spring 2014
FINANCIAL / ECONOMIC IMPACTS
This Project Construction Grant Agreement between the Federal Transit Administration (FTA) and the City of Fort
Collins is for construction and acquisition of the Mason Corridor Bus Rapid Transit (MAX) Project. The Grant provides
for 80% of the funding from FTA, and 20% from Local Match:
80% FTA $69,467,076
20% Local Match $17,366,772
Total Project $86,833,848
February 7, 2012 -2- ITEM 16
Previous Council actions appropriated $54,622,000 of FTA funds, and $17,366,772 of Local Match. This Ordinance
appropriates the remaining identified FTA funds of $14,845,076, to achieve the total $86,833,848 project cost. The
Project Construction Grant Agreement is expected to be finalized in May 2012.
ENVIRONMENTAL IMPACTS
The construction of the MAX system was included in the National Environmental Policy Act (NEPA) Environmental
Assessment for the Mason Corridor Bus Rapid Transit Project. On September 9, 2008, the Federal Transit
Administration declared a Finding of No Significant Impact (FONSI) would result from the construction and operation
of the MAX Bus Rapid Transit Project. On December 21, 2010, the FTA affirmed that the 2008 EA and 2008 FONSI
are valid, and the changes in final design documented in the 2010 Environmental Re-Evaluation serve to amend the
2008 EA and 2008 FONSI.
The Environmental Assessment analyzed impacts on the following categories:
Land Use and Zoning Wildlife/Ecological Vegetation
Social Conditions Threatened and Endangered Species Noxious Weeds
Economic Conditions Visual Quality Construction
Environmental Justice Cultural Resources Transportation
Right-of-way Hazardous Materials
Air Quality Parks and Recreation Resources
Noise and Vibration Farmland
Water Resources and Water Quality Public Safety and Security
Wetlands Cumulative Impacts
Flooding and Floodplain Management
For more detailed information concerning the environmental impacts and mitigation measures, please refer to the
Mason Corridor Environmental Assessment located at: www.fcgov.com/mason/environment.php.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
On September 20, 2000, the Transportation Board unanimously voted to approve the Mason Street Corridor Master
Plan, which included plans for the purchase of BRT buses and construction of the MAX transit route. Since 2000, staff
has regularly updated the Transportation Board regarding the progress of the Mason Corridor, most recently on May
18, 2011.
PUBLIC OUTREACH
Significant public outreach has been conducted since 1998 for the Mason Corridor project. The most recent public
outreach event was an open house held November 17, 2011. Information related to the scope, budget, alignment,
and two-way conversion of Mason Street were presented.
ATTACHMENTS
1. Project location map MAX Bus Rapid Transit
2 Project Construction Grant Agreement between Federal Transit Administration and City of Fort Collins
3 Transportation Board minutes, September 20, 2000
4 Transportation Board minutes, May 18, 2011
5. Powerpoint presentation
ATTACHMENT 1
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
PROJECT CONSTRUCTION GRANT AGREEMENT
(FTA PCGA-02, October 1, 2011)
On the date the authorized official of the Federal Transit Administration (FTA), U.S.
Department of Transportation, signs this Project Construction Grant Agreement, the
Government (FTA) has Awarded Federal assistance in support of the Project described
below. Upon Execution of this Project Construction Grant Agreement by the Grantee
named below, the Grantee affirms this Award by the Government (FTA) and enters into
this Project Construction Grant Agreement with FTA. The following documents are
incorporated by reference and made part of this Project Construction Grant Agreement:
(1) “Federal Transit Administration Master Agreement,” FTA MA(17), October 1, 2011,
http://www.fta.dot.gov/documents/17-Master.pdf;
(2) The Certifications and Assurances applicable to the Project that the Grantee has
selected and provided to FTA; and
(3) Any Award notification containing special conditions or requirements, if issued.
FTA AWARD
The Government (FTA) hereby awards a Project Construction Grant as follows:
Project Number(s): CO-03-0206-01
Grantee: City of Fort Collins
Statutes Authorizing the Project: 49 U.S.C. §§ 5309(b), 5309(e)
Estimated Net Project Cost: $86,833,848
Maximum FTA Amount Awarded: $65,575,908
Amount of This FTA Award: $54,505,728
Maximum Federal Small Starts Financial Contribution: $65,575,908
Maximum Percentages of FTA Participation: 80.0%
Maximum Percentages of Section 5309 Small Starts Participation: 75.52%
Dates of U.S. Department of Labor Certifications of Public Transportation Employee
Protection Arrangements:
ATTACHMENT 2
1
Original Project
(or Amendment)
Numbers Certification Dates
CO-03-0206-01 11/30/2011
Revenue Operations Date: May 31, 2014
Project Description: The Mason Corridor Express (MAX) Bus Rapid Transit (BRT)
project is a north-south BRT system located in the central area of Fort Collins,
Colorado. The project extends from Maple Street adjacent to the existing Downtown
Transit Center on the north to approximately ¼ mile south of Harmony Road, with a total
length of approximately five miles. The BRT system is proposed within an exclusive
guideway for 2.8 miles with the remaining 2.2 miles intermixed with street traffic on
portions of McClelland Drive and Mason Street. Along the entire length of the corridor,
the BRT system runs parallel to the existing Burlington Northern Santa Fe (BNSF)
railroad tracks; however, at varying locations, the BRT system is proposed within a
combination of property owned by the BNSF, City of Fort Collins, Colorado State
University, and private land owners. The BRT system is just west of and parallel to
College Avenue (US 287). Within the BRT travel-way, there will be two Transit Centers
and 12 Stations/Stops, including 6 park and ride locations. The project includes
improvements to the existing Downtown Transit Center – the northern terminus for the
project - and the construction of the new South Transit Center - the southern terminus
for the BRT. Lastly, the project includes expansion of the existing Bus Fleet
Maintenance Facility to accommodate the new BRT buses. For a more detailed
description, see Attachments 1 and 2 to the Project Construction Grant Agreement.
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TABLE OF CONTENTS
Page
Project Construction Grant Agreement …………………… 2
Project Construction Grant Agreement Terms and Conditions ………………....... 5
Section 1 Definitions …………………… 6
Section 2 Previous Federal Grants and Documents …………………… 7
Section 3 Baseline Cost Estimate …………………… 8
Section 4 Net Project Cost …………………… 8
Section 5 Estimated Net Project Cost …………………… 9
Section 6 Limitations of the Federal Funding Commitment …………………… 9
Section 7 Federal Funding – Other Sources …………………...11
Section 8 Local Financial Commitment – Capital Costs …………………...11
Section 9 Authorization to Advance Project Without Prejudice …………………...12
Section 10 Local Financial Commitment – Operation and
Maintenance Costs …………………...12
Section 11 Obligation to Complete the Project …………………...13
Section 12 Baseline Schedule …………………...13
Section 13 Revenue Operations Date …………………...13
Section 14 Environmental Protection …………………...14
Section 15 Applicable Law and Federal Requirements …………………...14
Section 16 Notices …………………...14
Section 17 Creation, Contents and Execution of the Agreement
and Amendments to the Agreement …………………...15
Execution by the Grantee
Affirmation by the Grantee’s Attorney
Attachment 1 Scope of the Project
Attachment 1A Vicinity Map
Attachment 1B Project Map
Attachment 2 Project Description
Attachment 3 Baseline Cost Estimate
Attachment 3A Project Budget
Attachment 4 Baseline Schedule
Attachment 5 Prior Grants and Related Documents
Attachment 6 Schedule of Federal Funding
Attachment 7 Environmental Mitigation
Attachment 8 “Before and After” Study Plan
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UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINSTRATION
PROJECT CONSTRUCTION GRANT AGREEMENT
Terms and Conditions
THIS FEDERAL TRANSIT ADMINISTRATION PROJECT CONSTRUCTION GRANT
AGREEMENT (Agreement) is entered into by the City of Fort Collins (Grantee) and the
United States of America, acting through the Federal Transit Administration of the
United States Department of Transportation (FTA or Government).
WHEREAS, the Grantee has determined through its local planning process that
construction and acquisition of the Mason Corridor Bus Rapid Transit (MAX) Project
(hereafter, the “Project”) will serve the transportation needs of the Fort Collins
metropolitan area;
WHEREAS, the Grantee has developed a Financing Plan, as defined herein, using a
combination of local, state, and Federal funds to finance the costs of the Project, and in
accordance with that plan, has requested a Grant, as defined herein, of Federal
financial assistance for the Project;
WHEREAS, the Government has determined that the Project is based on the results of
planning and alternatives analysis; justified based on the Government’s review of the
local land use policies supportive of public transportation, the cost effectiveness of the
Project, and the Project’s effect on local economic development; and supported by an
acceptable degree of local financial commitment;
WHEREAS, the Government has decided to enter into this Agreement to support the
Grantee’s development and construction of the Project up to a Maximum Federal Small
Starts Financial Contribution of $65,575,908 in capital funds, subject to all the terms and
conditions herein; and
WHEREAS, the Government and the Grantee have agreed that their respective duties
and responsibilities for completion of the Project shall be determined by and under the
terms and conditions of this Agreement and this Agreement shall be recognized as the
sole understanding between the Government and the Grantee in consideration of the
mutual promises set forth herein;
THEREFORE, the Government and the Grantee agree to the specific terms, conditions,
and provisions set forth in this Agreement including, in particular, the specific terms of
the following Sections and Attachments:
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SECTION 1. DEFINITIONS
“Agreement” means this Federal Transit Administration Project Construction Grant
Agreement (PCGA) and consists of all parts and documents identified in Section 17 of
this Agreement, “Creation, Contents and Execution of Agreement and Amendments to
the Agreement,” and will include all future addenda, substitutions, modifications and
amendments as and when legally executed and effective.
“Baseline Cost Estimate” means the document described in Section 3 of this
Agreement and set forth in Attachment 3 to this Agreement. The Baseline Cost
Estimate reflects the total anticipated cost of the Project as of the Date of this
Agreement.
“Complete the Project” means to accomplish all of the scope and activities of the
Project as described in Attachment 1 to this Agreement, “Scope of the Project,” and
Attachment 2 to this Agreement, “Project Description.”
“Date of this Agreement” means the date the Government awards this Project
Construction Grant Agreement.
“Estimated Net Project Cost” means the amount that is calculated by subtracting the
cost that can reasonably be financed from the Grantee’s revenue from the total
anticipated cost of the Project as reflected in the “Baseline Cost Estimate,” Attachment
3 to this Agreement. The Estimated Net Project Cost is set forth in Section 5 of this
Agreement.
“Financing Plan” means the plan accepted by the Government that describes the
Grantee’s financial condition and demonstrates the Grantee’s capability to Complete the
Project, and to maintain and operate the Project together with its existing public
transportation system. This Financing Plan includes all explanatory, supporting and
supplementary documents, commitments, and agreements accepted or approved and
relied upon by the Government.
“Government” means the United States of America, acting through the Federal Transit
Administration of the United States Department of Transportation.
“Grantee” means the City of Fort Collins, Colorado.
“Grant” means the obligation and award of Federal financial assistance pursuant to 49
U.S.C. Chapter 53.
“Local Share” means that portion of the Grantee’s local financial commitment that is
the Grantee’s required share of the Net Project Cost under this Agreement.
“Master Agreement” means the standards terms and conditions applicable to
recipients of Federal financial assistance pursuant to 49 U.S.C. Chapter 53. The
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Master Agreement is updated and published annually. The Master Agreement is
incorporated by reference and made part of this Agreement; in Federal Fiscal Year
2012, it is identified as FTA Form MA(17)(October 1, 2011).
“Maximum Federal Small Starts Financial Contribution” means the limit of Federal
capital “Small Starts” financial participation in the Project through the award of funding
pursuant to 49 U.S.C. § 5309(e). The amount of the “Maximum Federal Small Starts
Financial Contribution” is set forth in Section 6 of this Agreement, “Limitations of the
Federal Funding Commitment.”
“Net Project Cost” means the cost of the Project that cannot reasonably be financed
from the Grantee’s revenues.
“Project” means the public and multi-modal transportation improvements the Grantee
has promised to carry out as a condition of this Project Construction Grant. A
description of the Project is set forth in Attachment 1, “Scope of the Project.” Activities
to carry out the project scope are set forth in Attachment 2, “Project Description.”
“Project Costs” mean all costs eligible for Federal financial participation under the
terms of this Agreement and consistent with the cost principles set forth in Section 9 of
the Master Agreement, “Payments.”
“Revenue Operations Date” means the date certain by which the Grantee shall
commence revenue operations of the Project as defined in Section 13 of this
Agreement.
SECTION 2. PREVIOUS FEDERAL GRANTS AND DOCUMENTS
(a) Federal law, procedure, and policy require the completion of a project development
process and environmental and historic preservation reviews prior to the award and
execution of this Agreement. Prior grants of Federal funds for these reviews and other
project activities are described in Attachment 5 to this Agreement. These grants (and
any other previous documents identified in Attachment 5, including Letters of No
Prejudice) are incorporated by reference and made part of this Agreement, except for
the terms and conditions thereof specifically superseded by this Agreement. Further, in
executing this Agreement, the Grantee assures the Government that the certifications
and assurances made by the Grantee (or on behalf of the Grantee by a third party)
upon which the Government relied in these prior actions were made in good faith and to
the best of the Grantee’s knowledge and belief, and that the Grantee has no present
knowledge of facts or circumstances substantially affecting the continued validity of
these certifications and assurances that the Grantee has not formally conveyed to the
Government prior to the Government’s awards of funding set forth in this Agreement.
(b) This Agreement does not discharge or rescind any of the terms, conditions, or
obligations established under the documents set forth in Attachment 5 unless
specifically stated otherwise herein. Furthermore, the terms, conditions and obligations
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of this Agreement take precedence over the provisions of all prior agreements between
the Government and the Grantee related to the Project and will be controlling for all
actions related to the Project taken after the Date of this Agreement, unless specifically
stated otherwise herein.
(c) No amendments will be sought or approved to increase the amount of funds in the
prior Grants listed in Attachment 5 beyond the amounts described in this Agreement as
available to the Project.
SECTION 3. BASELINE COST ESTIMATE
The Baseline Cost Estimate (BCE) is set forth at Attachment 3 to this Agreement. The
BCE is comprised of all activities necessary to Complete the Project and reflects the
total anticipated costs of the Project as of the Date of this Agreement. The BCE is
derived from the most recent cost estimates of the individual third party contracts and
force account work and reflects appropriate escalation and contingencies, and the
milestones set forth in Attachment 4 to this Agreement, “Baseline Schedule.” The BCE
will not be amended or modified during the construction of the Project. The
Government will use the BCE to monitor the Grantee’s construction of the Project and
the Grantee’s compliance with certain terms and conditions of this Agreement. The
Grantee will submit cost reports as required by this Agreement and in a format
consistent with the units set forth in the BCE so that the Government can, with
reasonable diligence, reconcile the Grantee’s reports with the BCE.
SECTION 4. NET PROJECT COST
(a) This Grant is to assist in the payment of actual eligible costs within the scope of the
Project under this Agreement, minus any amount that can reasonably be financed from
revenues of the Grantee. If the funds awarded under this Grant exceed the amount
necessary to finance the Federal share, the excess funds are not available to the
Grantee for payment of costs beyond the scope of this Project supported by this Grant.
(b) The portion of the Net Project Cost that may be financed by the Government with
capital small starts funds may not exceed the amount of the Maximum Federal Small
Starts Financial Contribution for this Project as stated in Section 6 of this Agreement,
“Limitations of the Federal Funding Commitment.”
(c) The Grantee acknowledges that Federal funds may be used only to reimburse
eligible expenses for the Project. Should the Government determine that Federal funds
have been used to reimburse any expenses that were ineligible for Federal
reimbursement, the Government will direct the Grantee either to reimburse the
Government with local funds not already committed to the Project or to reduce the total
project costs by the amounts found to have been ineligible.
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SECTION 5. ESTIMATED NET PROJECT COST
(a) The Government’s determination to provide financial assistance for the Project is
based in significant part upon the Grantee’s estimated costs as set forth in the Baseline
Cost Estimate, Attachment 3 to this Agreement. The Estimated Net Project Cost
reported in Attachment 3 is $86,833,848.
(b) The Estimated Net Project Cost financed under this Agreement is limited by the
amount of the Maximum FTA Amount Awarded. The amount of the Estimated Net
Project Cost and the Maximum FTA Amount Awarded are stated on the first page of this
Agreement. The amount reimbursable by the Government is limited to the lesser of
either the Maximum FTA Amount Awarded or the maximum percentage of FTA
participation permitted by Federal law and regulation. Additional funds will not be
provided until a Grant amendment awarding additional funds and amending this Project
Construction Grant Agreement is executed.
SECTION 6. LIMITATIONS OF THE FEDERAL FUNDING COMMITMENT
(a) With its Award set forth in this Agreement the Government obligates
$54,505,728 in Federal capital small starts financial assistance for the Project.
The sources of this Federal financial assistance are set forth in the “Project Budget,”
Attachment 3 to this Agreement. These funds are in addition to all previous Federal
financial commitments to the development of the Project as set forth in the schedule of
“Prior Grants and Related Documents,” Attachment 5 to this Agreement.
(b) The Maximum Federal Small Starts Financial Contribution for this Project under the
capital small starts category of funds is limited to $65,575,908 which is the sum of the
amounts set forth in Paragraph (a) this Section 6.
SECTION 7. FEDERAL FUNDING – OTHER SOURCES
The Maximum Federal Small Starts Financial Contribution specified in Section 6(c) of
this Agreement does not include funds from Federal sources other than the capital small
starts program under 49 U.S.C. § 5309. Should such other Federal funds be provided
for the Project in addition to the Federal capital small starts funds set forth in
Attachment 6 to this Agreement, the limitation of the Federal funding commitment set
forth in Section 6 of this Agreement shall not apply to those funds. Accordingly, such
additional funds shall be excluded from the calculation of the Maximum Federal Small
Starts Financial Contribution. Additional federal contributions include $3,891,168 in
5309 Bus and Bus Facility funds. Funds awarded pursuant to this Section will be subject
to all other terms, conditions and obligations set forth in the Agreement.
SECTION 8. LOCAL FINANCIAL COMMITMENT – CAPITAL COSTS
(a) As a condition precedent to the Government’s Award of this Project Construction
Grant, the Grantee has developed and adopted a Financing Plan for funding all Project
8
Costs necessary to Complete the Project. In addition to the amount of Federal funds
requested, the Financing Plan includes a statement identifying the State, local and
private sources of funding and the amount of funds available for and committed to the
Project from each such source. This Financing Plan, as accepted and relied upon by
the Government, is hereby incorporated by reference and made part of this Agreement,
together with the supporting documentation identified in the Financing Plan, including
formal funding agreements and third-party commitments.
(b) The Grantee hereby commits and certifies that it will provide funds in an amount
sufficient to ensure full and timely payment of Project Costs as necessary to Complete
the Project, together with the Federal contribution as identified and limited by Section 6
of this Agreement.
(c) The Grantee hereby commits and certifies that the Local Share portion of its
financing commitment will be provided from funding sources other than Federal funds
(except as may otherwise be authorized by Federal statute), receipts from the use of
Project facilities or equipment (except as may otherwise be authorized by Federal
statute), or revenues of the public transportation system in which such facilities or
equipment are used.
(d) Given the Estimated Net Project Cost as set forth in Section 5 of this Agreement,
the Grantee’s financial commitment to the Net Project Cost is estimated to total
$17,366,772. This amount constitutes the Local Share needed to match the Maximum
Federal Small Starts Financial Contribution for the Project and Other Federal Sources.
(e) The Grantee agrees to notify the Government of any change in circumstances or
commitments that adversely affects the Grantee’s plan to fund the Project Costs
necessary to Complete the Project as set forth in the Financing Plan. In its notification,
the Grantee shall advise the Government of what actions the Grantee has taken or
plans to take to ensure adequate funding resources and reaffirm its commitment to the
Government as set forth in Paragraph (b) of this Section 8.
SECTION 9. AUTHORIZATION TO ADVANCE PROJECT WITHOUT PREJUDICE
The Grantee may incur costs or expend local funds for all phases of the Project as is
reasonably necessary to advance the Project prior to an award of Federal financial
assistance without prejudice to possible future Federal participation in or reimbursement
of the Project Costs to the extent that such costs are incurred in accordance with all
applicable Federal requirements and this Agreement. It is understood that the authority
conferred on the Grantee to advance the Project without prejudice does not constitute a
legal commitment by the Government to obligate and award Federal funds.
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SECTION 10. LOCAL FINANCIAL COMMITMENT – OPERATION AND
MAINTENANCE COSTS
(a) As a condition precedent to the Government’s Award of this Project Construction
Grant, the Grantee has developed and adopted a Financing Plan for funding the future
operation and maintenance of the Project that also takes into consideration the
Grantee’s continuing financial responsibilities to operate, maintain and reinvest in its
existing public transportation system. This Financing Plan, as accepted by the
Government, is hereby incorporated by reference and made part of this Agreement,
together with the supporting documentation identified in the Financing Plan, including
formal funding agreements and third-party commitments, and serves to demonstrate
stable and dependable funding sources, which are an essential part of the Grantee’s
Application for this Project Construction Grant.
(b) With the Execution of this Agreement the Grantee assures the Government that it
has stable and dependable funding sources, sufficient in amount and degree of
commitment, to operate and maintain its entire public transportation system at an
adequate and efficient level of service, including the future operation and maintenance
of the Project without additional Federal assistance beyond the amounts set forth in the
Financing Plan. The foregoing assurance does not preclude the Grantee from altering
service through contracts with private providers of public transportation services.
(c) The Grantee agrees to notify the Government of any change in circumstances or
commitments that adversely affects the Grantee’s plan to fund the operation and
maintenance costs of the Project as set forth in the Financing Plan. In its notification,
the Grantee shall advise the government of what actions the Grantee has taken or plans
to take to ensure adequate funding resources and reaffirm its commitment to the
Government as set forth in Paragraph (b) of this Section 10.
SECTION 11. OBLIGATION TO COMPLETE THE PROJECT
The Government has no obligation to provide any financial assistance for the Project
beyond the Maximum Federal Small Starts Financial Contribution. If the total Federal
funding provided under Section 6 of this Agreement, Limitations of the Federal Funding
Commitment, is insufficient to undertake revenue operation of the Project and the
subsequent activities necessary to Complete the Project, the Grantee agrees to
Complete the Project and accepts sole responsibility for the payment of any additional
costs (overruns).
SECTION 12. BASELINE SCHEDULE
The Baseline Schedule is set forth in Attachment 4 to this Agreement. The Baseline
Schedule demonstrates how the Grantee intends to Complete the Project and meet the
Revenue Operations Date. The Government will use the Baseline Schedule to monitor
the Grantee’s construction of the Project and compare planned to actual Project
implementation. Accordingly, the Baseline Schedule will not be amended or modified
10
during the construction of the Project, although the actual schedule of the Project may
be modified from time to time as necessary and appropriate. The Grantee agrees to
notify the Government of any change in circumstances or commitments that may affect
the Grantee’s ability to achieve the Revenue Operations Date, and what actions the
Grantee has taken or plans to take to minimize any further slippage in its construction of
the Project.
SECTION 13. REVENUE OPERATIONS DATE
(a) The Grantee agrees to achieve revenue operations of the Project on or before May
31, 2014, the Revenue Operations Date, in accordance with the terms and conditions of
this Agreement.
(b) The Revenue Operations Date is a significant term of this Agreement. The
Grantee’s failure to achieve the operational functions of the Project on or before the
Revenue Operations Date will constitute a breach of this Agreement. Upon the
Grantee’s request, the Government may determine, in its sole discretion, to waive a
breach or an anticipatory breach of this Agreement and extend the Revenue Operations
Date, provided that there is an unavoidable delay in achieving the operational goals of
the Project resulting from an event or circumstance beyond the control of the Grantee,
or the Government determines that allowing the delay is in the best interests of the
United States and the success of the Project. Requests by the Grantee for waiver of a
breach or anticipatory breach of this Agreement and extension of the Revenue
Operations Date shall be submitted promptly to the Government, in writing, with
appropriate documentation. In the exercise of its sole discretion to waive the breach
and extend the Revenue Operations Date, the Government will take into consideration
the actions and measures taken by the Grantee to meet its commitment to achieve the
operational goals of the Project on or before the scheduled Revenue Operations Date.
(c) Delays in appropriations of funds from the Congress shall not constitute a basis for
extension of the Revenue Operations Date.
(d) The Government’s consent to extend the Revenue Operations Date pursuant to
Paragraph (b) of this Section 13 does not constitute a basis for additional Federal
financial assistance beyond the Maximum Federal Small Starts Financial Contribution.
SECTION 14. ENVIRONMENTAL PROTECTION
As a condition precedent to this Agreement the Government and the Grantee have
assessed the environmental impacts of the Project, as required by the National
Environmental Policy Act and other applicable law. The results of this assessment and
the mitigation measures adopted for this Project are set forth in Attachment 7 to this
Agreement, Environmental Mitigation. The Grantee acknowledges that it shall not
withdraw or substantially change any of the mitigation measures set forth in either
Attachment 7 or the Government’s environmental record for the Project without express
written approval from the Government. On a periodic basis the Grantee will provide the
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Government a written report on the Grantee’s progress in carrying out these mitigation
measures.
SECTION 15. APPLICABLE LAW AND FEDERAL REQUIREMENTS
All awards of Federal financial assistance for this Project are governed by the Federal
statutory, regulatory, and program requirements identified in the Master Agreement,
FTA MA(17), dated October 1, 2011, which is incorporated by reference and made part
of this Project Construction Grant Agreement. The Master Agreement will continue to
govern the Project unless and until it is modified by FTA. If neither Federal statute nor
regulation nor Federal common law governs the interpretation of the provisions of this
Agreement, the state law of the State of Colorado will apply. This provision is intended
only to supplement Section 2.c of the Master Agreement, “Application of Federal, State,
and Local Laws, Regulations, and Directives.”
SECTION 16. NOTICES
Notices required by this Agreement will be addressed as follows:
As to the Government:
Terry J. Rosapep
Regional Administrator
Federal Transit Administration, Region VIII
12300 West Dakota Avenue
Suite 310
Lakewood, Colorado 80228
As to the Grantee:
Darin Atteberry
City Manager
City of Fort Collins
300 Laporte Avenue
Fort Collins, Colorado 80522
SECTION 17. CREATION, CONTENTS, AND EXECUTION OF THE AGREEMENT
AND AMENDMENTS TO THE AGREEMENT
(a) This Project Construction Grant Agreement consists of the text of this Agreement,
the several Attachments to this Agreement, the Master Agreement, the Grantee’s
application for Federal financial assistance, and the Government’s environmental record
for the Project.
(b) There are several identical counterparts of this Agreement in typewritten hard copy;
each counterpart is to be fully executed in writing by the parties and each counterpart is
12
deemed to be an original having identical legal effect. When signed and dated by the
authorized official of the Government, this instrument will constitute an Award that
should be executed by the Grantee within ninety (90) days of the date of the
Government’s Award (FTA Award). The Government may withdraw its Award of
financial assistance and obligation of funds if this Agreement is not executed within the
ninety (90) day period. Upon full execution of this Agreement by the Grantee, the
effective date will be the date the Government awarded funding under this Agreement
as set forth below.
(c) Simultaneous to the execution of this Agreement in typewritten hard copy, the
Agreement will be executed by electronic means through FTA’s electronic award and
management system. To the extent any discrepancy may arise between the typewritten
version and the electronic version of this Agreement, the typewritten version will prevail.
Any inconsistency between the Grantee’s application and the terms and conditions of
this Agreement will be resolved according to the clear meaning of the provisions of this
Agreement and the Attachments hereto.
(d) Amendments to any of the documents referenced in this Section 17 will be made in
accordance with the requirements and procedures set forth in FTA Circular 5010.1D,
“FTA Project Management Guidelines” (November 1, 2008), as may be amended from
time to time.
THE GOVERNMENT HEREBY AWARDS THIS PROJECT CONSTRUCTION GRANT
THIS _____ DAY OF ____________, 2012.
Signature: ______________________________
Peter Rogoff
Federal Transit Administrator
United States Department of Transportation
13
EXECUTION BY GRANTEE
The Grantee, by executing this Agreement, affirms this FTA Award; adopts and ratifies
all statements, representations, warranties, covenants, and materials the Grantee has
submitted to FTA; consents to this Award; and agrees to all terms and conditions set
forth in this Agreement.
THE GRANTEE HEREBY EXECUTES THIS PROJECT CONSTRUCTION GRANT
THIS _____ DAY OF _______________, 2012.
Signature: ______________________________
Name: Darin Atteberry
Title of Grantee Official: City Manager
Name of Grantee Organization: City of Fort Collins, Colorado
ATTESTED BY:
Signature: ______________________________
Name: Wanda Krajicek
Title of Attesting Official: City Clerk
Name of Organization: City of Fort Collins
14
AFFIRMATION BY GRANTEE’S ATTORNEY
As the undersigned Attorney for the Grantee, I affirm to the Grantee that I have
examined this Agreement and the proceedings taken by the Grantee relating to this
Agreement. As a result of my examination I hereby affirm to the Grantee the Execution
of the Agreement by the Grantee is duly authorized under State and local law. In
addition, I find that in all respects the Execution of this Agreement is due and proper
and in accordance with applicable State and local law. Further, in my opinion, this
Agreement constitutes a legal and binding obligation of the Grantee in accordance with
the terms of the Agreement. Finally, I affirm to the Grantee that, to the best of my
knowledge, there is no legislation or litigation pending or imminent that might adversely
affect the full implementation of the Project in accordance with the terms thereof.
DATED THIS _____ DAY OF _______________, 2012.
AFFIRMED BY:
Signature: ___________________________________
Name: Paul Eckman
Title of Official: Deputy Assistant City Attorney
Name of Organization: City of Fort Collins
15
Attachment 1
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Scope of the Project
The MAX project is a north-south Bus Rapid Transit (BRT) system located in the central area of
Fort Collins, Colorado. The project extends from Maple Street adjacent to the existing
Downtown Transit Center on the north to approximately ¼ mile south of Harmony Road, with a
total length of approximately five miles. The BRT system is proposed within an exclusive
guideway for 2.8 miles with the remaining 2.2 miles intermixed with street traffic on portions of
existing McClelland Drive and N. Mason Street. Along the entire length of the corridor, the BRT
system runs parallel to the existing Burlington Northern Santa Fe (BNSF) railroad tracks;
however, at varying locations, the BRT system is proposed within a combination of property
owned by the BNSF, City of Fort Collins, and Colorado State University. The BRT system is
located just west of and parallel to College Avenue (US 287).
The MAX project includes 12 stations and stop locations. Of the seven stations, six will consist
of center-loaded platforms stations and one will consist of split-platforms. Each of the five stop
locations will consist of two curb-side stops.
The Project scope includes the existing Downtown Transit Center (DTC), a new South Transit
Center (STC), and expansion of the Transfort maintenance facility. The existing DTC
improvements will include two new BRT bus bays with Intelligent Transportation Systems
(ITS), information kiosks and real-time passenger information. The STC will include parking, a
Kiss-N-Ride drop-off area, and access to the Mason Trail. The STC is designed to accommodate
additional local bus operations for existing and future routes, which will utilize eight of the 11
bus bays. The BRT system will use the remaining three bus bays.
The MAX project will include six park and ride locations totaling approximately 380 parking
spaces. Combined with existing parking at the Downtown Transit Center, the MAX project will
provide approximately 480 parking spaces for BRT system.
The 2.2 miles of intermixed operations of BRT and mixed-traffic will occur on segments of
McClelland Drive and N. Mason Street. Bus operations along N. Mason Street will require a
two-way conversion of N. Mason Street and Howes Street to allow mixed-traffic BRT operations
Downtown. The two-way conversion along Mason Street is from Maple Street south to
University Avenue. The BRT will also operate in mixed traffic between Horsetooth Road and
Drake Road on McClelland Drive.
The MAX project operating plan proposes 10-minute headways in the A.M. peak, mid-day and
P.M. peak periods, with 15-30 minute headways in the off-peak period. Service hours are
planned from 5:30 a.m. to 12:00 p.m. Monday through Saturday. Intersection enhancements,
16
including signalization priority where applicable, signal coordination, and safety enhancements
at railroad crossing locations are part of the project.
The revenue operations date for the project is May 31, 2014.
17
Attachment 1A
Vicinity Map
18
Attachment 1B
Project Map
19
Attachment 2
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Project Description
Narrative Description
The MAX Project (Project) consists of the design and construction of a five-mile (2.8 miles of
exclusive guideway and 2.2 miles of mixed-flow lanes). The Project is a north-south Bus Rapid
Transit (BRT) system, located in the central area of Fort Collins, Colorado, which will extend
from Maple Street adjacent to the existing Downtown Transit Center on the north to
approximately ¼ mile south of Harmony Road. This BRT system runs parallel to the existing
Burlington Northern Santa Fe (BNSF) railroad tracks and will be located within a combination of
property owned by the BNSF, City of Fort Collins, and Colorado State University.
Project Description by Standard Cost Category
The following provides a description of the Project as described by Standard Cost Category
(SCC). These SCCs are the basis for the Build Cost Estimate (BCE) and the Baseline Schedule,
which are contained in the Attachment 3 and Attachment 4, respectively.
SCC 10 - Guideway and Track Elements
This SCC encompasses all civil roadway construction along the alignment. It includes all
elements of the fixed guideway and mixed-traffic guideway improvements including:
procurement, installation and bridges. Guideway improvements include, but are not limited to,
the furnishing of new and existing roadway improvements including pavement (asphalt and
concrete), pedestrian crossings, curb and gutter, guardrails, and all construction materials, labor,
tools and supplies.
SCC 10 includes the following applicable subcategories:
• At-grade exclusive right-of-way: The Project includes 2.8 miles of exclusive guideway
from the South Transit Center to Horsetooth Road and from Drake Road to University
Avenue.
• At-grade semi-exclusive (allows cross-traffic): The Project includes intersection
improvements at Harmony Road, Horsetooth Road, Swallow Road, Drake Road, Prospect
Road, Pitkin Street, Lake Street and University Avenue.
• At-grade in mixed traffic: The Project includes roadway improvements for 2.2 miles of
existing roadways that will be utilized by the BRT system from Horsetooth to Drake and
from University Avenue to Maple Street. This section includes costs for existing
roadway improvements including curb and gutter, asphalt overlays and concrete
pavement.
20
• Aerial structure: The Project includes two bridge structures. One new structure allowing
the BRT to cross Mail Creek and an upgraded bridge structure at the Larimer Canal No. 2
(irrigation conveyance) to accommodate additional BRT traffic loads on McClelland
Drive.
• Retained cut or fill: Within the exclusive guideway portion of the project, there is
approximately 30,000 cubic yards of cut and fill, as well as 2,000 cubic yards of concrete
for retaining walls.
SCC 20 - Stations, Stops, Terminals, Intermodal
This SCC category encompasses the South Transit Center, Downtown Transit Center, and all
station and stop procurement and construction.
SCC 20 includes the following applicable subcategories:
• At-grade station, stop, shelter, mall, terminal, platform: The project includes platforms,
station structure, conduit installation, platform finishes, station canopies, required ramps
and railings, signage, and other elements for the construction of a BRT transit station and
stops at the following locations:
o Mountain Stop (2 Curb-side Stops)
o Olive Stop (2 Curb-side Stops)
o Mulberry Stop (2 Curb-side Stops)
o Laurel Stop (2 Curb-side Stops)
o University Station (Center-loaded Platforms)
o Prospect Station (Center-loaded Platforms)
o Bay Farm/NRRC Station (Split-platforms)
o Drake Station (Center-loaded Platforms)
o Swallow Stop (2 Curb-side Stops)
o Horsetooth Station (Center-loaded Platforms)
o Troutman Station (Center-loaded Platforms)
o Harmony Station (Center-loaded Platforms)
• Other stations, landings, terminals: Project includes a new South Transit Center as the
southern terminus for of the MAX BRT project:
o 11 Bus Bays
o Covered passenger waiting areas
o Customer service counter
o Public restrooms
• and improvements to the existing Downtown Transit Center, as follows:
o 2 Additional Bus Bays
o Covered passenger waiting areas
SCC 30 - Support Facilities: Yards, Shops and Administration Buildings
This SCC provides for the purchase and construction of all related items required to expand
Transfort’s existing Maintenance Facility to house and provide maintenance operations for the 6
21
new BRT buses. The improvements at the existing Maintenance Facility also include site
improvements for a BRT bus training area.
SCC 30 includes the following applicable subcategories:
• Light Maintenance Facility: Includes service, inspection, and storage facilities and
equipment.
SCC 40 - Site Work and Special Conditions
This SCC provides for the following applicable subcategories:
• Demolition, Clearing, Earthwork: Includes construction activities to allow guideway,
Station, Stop and South Transit Center construction.
• Site Utilities, Utility Relocation: Project includes but is not limited to storm water
drainage, sanitary sewer, water facility adjustments, and power.
• Hazardous material: A minor amount of hazardous material located at the PSCo Building
just north of Prospect has been identified and will need to be removed prior to demolition
to make way for a new Station.
• Environmental mitigation: Mitigation costs for replacing permanent and temporary
wetland areas as prescribed by the City of Fort Collins.
• Site structures including retaining walls, sound walls: There are multiple locations where
retaining walls are required to support the guideway. This section includes the
construction and procurement of materials to construct the proposed retaining walls.
• Pedestrian/bike access and accommodations, landscaping: Includes curb extensions and
pedestrian cross-walk improvements as well as landscaping for the BRT Stations and
Stops.
• Automobile, bus, van access-ways including roads, parking lots: Includes relocated or
modified ADA accessible ramps at the downtown intersections near Stop locations:
o Bay Farm/NRRC Station (10 Parking Spaces)
o Drake Station (80 Parking Spaces)
o Swallow Stop (60 Parking Spaces)
o Horsetooth Station (50 Parking Spaces)
o Troutman Station (20 Parking Spaces)
o South Transit Center (160 Parking Spaces)
• Temporary facilities and other indirect costs during construction: Project includes
Railroad Flagging Services, temporary shoring and traffic control.
22
SCC 50 - Systems
This SCC includes train controls and signals for railroad improvements to allow BRT traffic to
operate in railroad Right-of-Way as well as BRT and vehicular traffic signal modifications and
installations. This section also includes the necessary communication systems to allow for
passenger information on buses and at Stations, including the fare collection systems and support
equipment.
SCC 50 includes the following applicable subcategories:
• Train Controls and Signals.
• Traffic Signals and Crossing Protection.
• Communications: Includes passenger information systems at stations and on vehicles
(real time travel information; static maps and schedules). Includes equipment to allow
communications among vehicles and with central control.
• Fare Collection System and Equipment.
SCC 60 - ROW, Land, Existing Improvements
This SCC includes the purchase of temporary and permanent easements in addition to property
acquisition necessary for the BRT system. This includes the purchase of necessary real-estate
interests from 65 private property owners, Colorado State University and BNSF Railway
Company.
SCC 70 - Vehicles
This SCC includes the purchase of six new BRT articulated buses for use on the BRT System.
SCC 80 - Professional Services
This SCC encompasses the costs of all professional, technical and management services,
intergovernmental agreements and related costs during the preliminary engineering, final
engineering, construction and start-up phases of the Project.
• Final design includes the professional engineering, architectural design and management
services to complete all aspects of the design.
• Project management for design, construction, and construction administration and
management, which includes the cost of the City of Fort Collins staff and related
expenses, contracted project management, community relations and outreach, and other
contracted professional services required to manage the project.
• Construction administration and management for management oversight of construction
related activities which includes the cost of the City of Fort Collins staff and related
expenses, contracted construction management, and other contracted professional
services required for construction oversight of the project.
23
• Survey, testing, inspection includes survey by professional services contractor including
survey oversight from the City Surveyor, quality assurance and inspection by the City of
Fort Collins inspectors (supported by professional services) and quality control by
Construction Manger and City Support Staff as well as the General Contractor.
• Startup costs will include the inspection and testing of the overall BRT system including
initial training of Transfort personnel for BRT operations.
SCC 90 - Unallocated Contingency
This SCC represents the unallocated contingency for the project. It provides a funding source to
cover unknown but anticipated additional project execution costs and uncertainty due to risk
factors such as unresolved design issues, unanticipated site conditions, market fluctuations, and
change orders. This line item also is expected to cover unforeseen expenses as well as variances
between estimates and actual costs.
SCC 100 - Finance Charges
There are no anticipated finance charges for the Project at this time.
24
Attachment 3
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Baseline Cost Estimate
Table 1 - BCE by Standard Cost Category
Applicable Line Items Only YOE Dollars
Total
10 GUIDEWAY & TRACK ELEMENTS (route miles) 12,898,824
10.01 Guideway: At-grade exclusive right-of-way 5,351,454
10.02 Guideway: At-grade semi-exclusive (allows cross-traffic) 283,203
10.03 Guideway: At-grade in mixed traffic 3,354,870
10.04 Guideway: Aerial structure 592,549
10.08 Guideway: Retained cut or fill 3,316,748
20 STATIONS, STOPS, TERMINALS, INTERMODAL (number) 8,891,495
20.01 At-grade station, stop, shelter, mall, terminal, platform 3,831,958
20.04 Other stations, landings, terminals: Intermodal, ferry, trolley, etc. 5,059,537
30 SUPPORT FACILITIES: YARDS, SHOPS, ADMIN. BLDGS 3,223,073
30.02 Light Maintenance Facility 3,223,073
40 SITEWORK & SPECIAL CONDITIONS 15,037,009
40.01 Demolition, Clearing, Earthwork 1,639,312
40.02 Site Utilities, Utility Relocation 5,411,363
40.03 Haz. mat'l, contam'd soil removal/mitigation, ground water treatments 121,995
40.04 Environmental mitigation, e.g. wetlands, historic/archeologic, parks 121,995
40.05 Site structures including retaining walls, sound walls 237,455
40.06 Pedestrian / bike access and accommodation, landscaping 2,332,070
40.07 Automobile, bus, van accessways including roads, parking lots 412,823
40.08 Temporary Facilities and other indirect costs during construction 4,759,996
50 SYSTEMS 11,572,611
50.01 Train control and signals 3,458,880
50.02 Traffic signals and crossing protection 1,933,286
50.05 Communications 4,516,061
50.06 Fare collection system and equipment 1,664,384
Construction Subtotal (10 - 50) 51,623,012
25
Attachment 3 (Cont’d)
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Baseline Cost Estimate (Cont’d)
Table 1 - BCE by Standard Cost Category
Applicable Line Items Only YOE Dollars
Total
60 ROW, LAND, EXISTING IMPROVEMENTS 14,243,168
60.01 Purchase or lease of real estate 14,243,168
70 VEHICLES (number) 5,238,673
70.04 Bus 5,238,673
80 PROFESSIONAL SERVICES (applies to Cats. 10-50) 11,970,815
80.02 Final Design 4,156,108
80.03 Project Management for Design and Construction 1,465,126
80.04 Construction Administration & Management 3,174,790
80.05 Professional Liability and other Non-Construction Insurance 732,563
80.06 Legal; Permits; Review Fees by other agencies, cities, etc. 488,024
80.07 Surveys, Testing, Investigation, Inspection 1,221,641
80.08 Start up 732,563
Subtotal (10 - 80) 83,075,668
90 UNALLOCATED CONTINGENCY 3,758,180
Subtotal (10 - 90) 86,833,848
100 FINANCE CHARGES 0
Total Project Cost (10 - 100) 86,833,848
26
Attachment 3 (Cont’d)
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Project Budget
Table 2 - Inflated Cost to Year of Expenditure
Base Year
Dollars w/o
Contingency
Base Year
Dollars
Allocated
Contingency
Base Year
Dollars
TOTAL
Inflation
Factor
YOE Dollars
TOTAL
10 GUIDEWAY & TRACK ELEMENTS
(route miles) 10,574,000 1,268,000 11,842,000 1.0892 12,898,824
20 STATIONS, STOPS, TERMINALS,
INTERMODAL (number) 7,421,000 742,000 8,163,000 1.0892 8,891,495
30 SUPPORT FACILITIES: YARDS,
SHOPS, ADMIN. BLDGS 2,690,000 269,000 2,959,000 1.0892 3,223,073
40 SITEWORK & SPECIAL CONDITIONS 12,327,000 1,478,000 13,805,000 1.0892 15,037,009
50 SYSTEMS 9,702,000 971,000 10,673,000 1.0843 11,572,611
60 ROW, LAND, EXISTING
IMPROVEMENTS 11,586,000 2,317,000 13,903,000 1.0245 14,243,168
70 VEHICLES (number) 4,574,000 229,000 4,803,000 1.0907 5,238,673
80 PROFESSIONAL SERVICES (applies
to Cats. 10-50) 10,466,000 891,000 11,357,000 1.0540 11,970,815
90 UNALLOCATED CONTINGENCY 3,488,000 1.0775 3,758,180
100 FINANCE CHARGES 0 0.0000 0
Total Project Cost (10 - 100) 80,933,000 1.0721 86,833,848
27
Attachment 3 – Table 3
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Source of Funding
Table 3 - BCE by Source of Funding
Total Project
Cost in YOE
Dollars
Double Check
Total
Federal 5309
New Starts Federal Other Local
10 GUIDEWAY & TRACK ELEMENTS
(route miles) 12,898,824 12,898,824 10,319,059 0 2,579,765
20 STATIONS, STOPS, TERMINALS,
INTERMODAL (number) 8,891,495 8,891,495 7,113,196 0 1,778,299
30 SUPPORT FACILITIES: YARDS,
SHOPS, ADMIN. BLDGS 3,223,073 3,223,073 0 2,578,458 644,615
40 SITEWORK & SPECIAL CONDITIONS 15,037,009 15,037,009 12,029,607 0 3,007,402
50 SYSTEMS 11,572,611 11,572,611 7,945,378 1,312,710 2,314,523
60 ROW, LAND, EXISTING
IMPROVEMENTS 14,243,168 14,243,168 11,394,534 0 2,848,634
70 VEHICLES (number) 5,238,673 5,238,673 4,190,938 0 1,047,735
80 PROFESSIONAL SERVICES (applies
to Cats. 10-50) 11,970,815 11,970,815 9,576,652 0 2,394,163
90 UNALLOCATED CONTINGENCY 3,758,180 3,758,180 3,006,544 0 751,636
100 FINANCE CHARGES 0 0 0 0 0
Total Project Cost (10 - 100) 86,833,848 86,833,848 65,575,908 3,891,168 17,366,772
28
Attachment 3 – Table 3 (Cont’d)
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Source of Funding (Cont’d)
Sources of Federal Funding and Matching Share Ratios
Costs
Attributed to
Source of
Funds
Federal/
Local
Matching
Ratio within
Source
All
Federal
Funds
Local Funds
Federal 5309 New Starts 81,969,887 80% / 20% 65,575,908 16,393,979
Federal Other (5309) 4,863,961 80% / 20% 3,891,168 972,793
Total 86,833,848 69,467,076 17,366,772
Overall Federal Share of Project 80.00%
New Starts Share of Project 75.52%
29
Attachment 3 – Table 3a
City of Fort Collins
Fort Collins, Colorado
Mason Corridor Bus Rapid Transit Project (MAX)
Source of Funding
Scope and Activity Description
Scope
Code
ALI
Code Scope and Activity Line Item Descriptions Qty Federal 5309 New Starts Federal Other Project Totals
Check Total
Project Cost in
YOE Dollars
Total
Federal
%
Federal Local Total Federal Local Total Federal Local Total
14010 140110 GUIDEWAY & TRACK ELEMENTS 3.83 80% 10,319,059 2,579,765 12,898,824 0 0 0 10,319,059 2,579,765 12,898,824 12,898,824
14020 140220 STATIONS, STOPS, TERMINALS,
INTERMODAL 19 80% 7,113,196 1,778,299 8,891,495 0 0 0 7,113,196 1,778,299 8,891,495 8,891,495
14030 140330 SUPPORT FACILITIES, YARDS, SHOPS,
ADMIN. BLDGS. 80% 0 0 0 2,578,458 644,615 3,223,073 2,578,458 644,615 3,223,073 3,223,073
14040 140440 SITEWORK & SPECIAL CONDITIONS 80% 12,029,607 3,007,402 15,037,009 0 0 0 12,029,607 3,007,402 15,037,009 15,037,009
14050 140550 SYSTEMS 80% 7,945,378 1,986,345 9,931,723 1,312,710 328,178 1,640,888 9,258,088 2,314,523 11,572,611 11,572,611
14060 140660 ROW, LAND, EXISTING IMPROVEMENTS 80% 11,394,534 2,848,634 14,243,168 0 0 0 11,394,534 2,848,634 14,243,168 14,243,168
14070 VEHICLES 6 80% 4,190,938 1,047,735 5,238,673 0 0 0 4,190,938 1,047,735 5,238,673 5,238,673
13.13.20 Light Rail Cars 0
13.__.__
14080 140880 PROFESSIONAL SERVICES 80% 9,576,652 2,394,163 11,970,815 0 0 0 9,576,652 2,394,163 11,970,815 11,970,815
14090 140990 UNALLOCATED CONTINGENCY 80% 3,006,544 751,636 3,758,180 0 0 0 3,006,544 751,636 3,758,180 3,758,180
14100 141010 FINANCE CHARGES 0% 0 0 0 0 0 0 0 0 0 0
Total Project Cost (10 - 100) 80% 65,575,908 16,393,979 81,969,887 3,891,168 972,793 4,863,961 69,467,076 17,366,772 86,833,848 86,833,848
30
Attachment 4
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Baseline Schedule
31
Attachment 5
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Prior Grants and Related Documents
I. Prior Grants (Not Included in the PCGA)
The table below reflects the prior grants receive by the City of Fort Collins – Mason Corridor
Bus Rapid Transit Project (MAX).
II. Related Documents
1. Project Development Approval, Mason Street BRT Project - November 20, 2007
2. Environmental Assessment - May 31, 2008
3. Finding of No Significant Impact (FONSI) - September 9, 2008
4. Letter of No Prejudice (Mason-Howes Two-Way Conversion) – April 14, 2009
4. Project Final Design Approval, Mason Street BRT Project - August 17, 2009
5. Letter of No Prejudice (Mason-Howes BNSF Safety Improvements) - May 24, 2010
6. Environmental Re-Evaluation - December 15, 2010
7. FTA Concurrence and Approval, MAX BRT Re-evaluation - December 21, 2010
III. PCGA Grant History
(Grants under PCGA)
Project No.
Obligation
Date Federal Amount
Funding
Source Purpose
CO-03-0206-00 8/17/2009 $11,070,180.00
– Small
Starts
Preliminary
and Final
Engineering
32
Attachment 6
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Schedule of Federal Funds
Section 201(o) of the SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244; 122
Stat. 1572; June 6, 2008) authorizes FTA to award Federal capital new starts funds for
construction of the Mason Corridor Bus Rapid Transit Project (MAX) [the “Project”] in the City
of Fort Collins, Colorado. In accordance with the Federal Transit Law, 49 U.S. C. Chapter 53
and FTA Circular 5200.1A, Full Funding Grant Agreements Guidance (December 5, 2002), by
the execution of this Agreement the Government is limiting its commitment to provide funding
for the Project to those funds that have been or may be appropriated under SAFETEA-LU and
subsequent authorizations. The Government and the Grantee recognize, moreover, that the period
of the time necessary to complete the Project may extend beyond the expiration of SAFETEA-
LU, as evidenced by Attachment 4 to the Agreement (Baseline Schedule).
Currently, the Government and the Grantee anticipate that the Federal capital small starts funds
will be provided for the Project as follows:
Mason Corridor Bus Rapid Transit Project (MAX)
Proposed Schedule of Federal Funds
Fiscal
Year
Section 5309 Small
Starts Funds
Other
Federal
Funds Local Funds Total
2011
and
prior $65,575,908 $3,891,168 $17,366,772 $86,833,848
Total $65,575,908 $3,891,168 $17,366,772 $86,833,848
33
Attachment 7
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Measures to Mitigate Environmental Impacts
The environmental record for the Project includes the following documents:
1. Environmental Assessment - May 31, 2008
2. Finding of No Significant Impact (FONSI) - September 9, 2008
3. Environmental Re-Evaluation - December 21, 2010
4. FTA Concurrence and Approval, MAX BRT Re-evaluation - December 21, 2010
The mitigation measures and other Project features that reduce the adverse environmental and
community impacts, to which the City of Fort Collins committed in the environmental record,
must be implemented under this Project Construction Grant Agreement (PCGA). Such
mitigation measures may not be eliminated from the Project or altered except by FTA’s written
consent and in accordance with applicable laws and regulations (23 CFR 771.130). These
mitigation measures include, but are not limited to, any commitment in the environmental record
to perform further consultation with an agency or community on environmental or related
matters.
A summary of committed mitigation measures for the Project is contained in Table 1 –
Mitigation Measures of FTA’s September 9, 2008 Finding of No Significant Impact (FONSI)
and FTA’s December 21, 2010 Re-Evaluation Concurrence and Approval Letter as part of the
Project’s environmental record. The City of Fort Collins shall periodically revise this list to add
any measures resulting from required consultations, permit approvals, and FTA-approved
changes and to update the implementation status of the measures.
To ensure that all mitigation commitments in the environmental record are fulfilled during final
design and construction, the City of Fort Collins shall establish within the Project Management
Plan a process for: (a) assigning responsibility for each mitigation commitment to a contract or
to a City of Fort Collins official; and (b) monitoring the status of the implementation of each
mitigation commitment. The City of Fort Collins will report periodically to FTA during
quarterly review meetings the status of implementation of these mitigation commitments.
34
Attachment 8
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
“Before and After” Study Plan
The City of Fort Collins will assemble information and conduct analyses to identify the
actual performance of the Mason Corridor Bus Rapid Transit Project (MAX) in terms of
its costs and impacts, evaluate the reliability of technical methods used during the
planning and development of the Project, and identify potentially useful improvements to
those methods. Specifically, the plan will address the following requirements:
I. Required Information
The City of Fort Collins will assemble information on five key characteristics of the
Project and its associated transit services:
a) Project scope: Changes to the physical components of the Project, including
environmental mitigation and other related information, from early planning phases to
Project implementation;
b) Service levels: The operating service characteristics of the fixed guideway, feeder bus
services, and other bus services in the corridor taken from travel forecasting model
assumptions, before Project construction and/or implementation, and two years
following the beginning of revenue service;
c) Capital costs: Final costs of the project and cost estimates from the Project
Development and Construction Management Grant Agreement phases;
d) Operation and maintenance costs: Actual operation and maintenance costs for the
Project for the first full year of revenue service, and O&M cost estimates from early
planning and project development stages; and
e) Ridership patterns: Trip patterns, trip purposes, modes of access, transfer rates, transit
rider profile, and other related information taken before, and two years after, the
beginning of revenue service.
II. Milestones
The City of Fort Collins will assemble those data items that are available at three key
milestones in the development and operation of the Project.
35
a) Predictions: Project information available in environmental or other project or agency
documents will be reviewed. Published predictive information will be summarized.
b) Before conditions: Transit service levels and characteristic, operating and
maintenance costs, and ridership patterns immediately prior to any significant
changes in transit service levels caused by either the construction or opening of the
Project will be measured.
c) After conditions: Project data collected two years following the beginning of revenue
service will be analyzed in relation to the “before” transit conditions in the Project
area and predicted information from various phases of the Project’s planning and
development.
III. Performance
The City of Fort Collins will maintain communication with FTA and its contractors
on progress in implementing the Plan and provide opportunities for early review and
comment on draft products. The City of Fort Collins must obtain approval in advance
of any changes in the scope or schedule for the Before-and-After Study as defined in
the FTA-approved Plan.
.
36
ATTACHMENT 3
ATTACHMENT 4
1
1
2
Mason Corridor MAX Bus
Rapid Transit Project
City Council Action Items
February 7, 2012
ATTACHMENT 5
2
3
Mason Corridor
4
Mason Corridor MAX Bus
Rapid Transit Project
• Resolution authorizes execution of PCGA
(Project Construction Grant Agreement)
between the City and FTA (Federal Transit
Administration)
• Ordinance appropriates remaining funding
for MAX (first reading)
3
5
Mason Corridor MAX Bus
Rapid Transit Project
• Previous appropriations
– $54,622,000 FTA
– $17,366,772 Local Match
• Proposed appropriation
– $14,845,076 FTA
• Total project funding for MAX
– $86,833,848 FTA and Local Match
6
Project Update
MAX BRT Construction – Pre-Award
Activities
– Light and Power Duct Bank Relocation
• Drake to Prospect
– Tree transplanting
• February through April 2012
– Two-Way conversion of Mason Street
Downtown
4
7
Two-Way Conversion
• Phased Construction
– Conduit installation completed – fall
2011
– Railroad and traffic signal facilities-
spring and summer 2012
– Railroad reconstruction with a seven-
day closure in late July
• Two-way vehicle traffic begins in August
2012
8
Project Update
•Next Steps
– Bid Construction
Contract –
March 2012
– Finalize PCGA –
April 2012
– Public Outreach
5
9
Proposed Art Outreach
10
Stay Connected
fcgov.com/mason
– Request a
presentation to
groups
– Sign up for e-
newsletter
–FAQ’s
RESOLUTION 2012-005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF A PROJECT CONSTRUCTION GRANT
AGREEMENT BETWEEN THE CITY AND THE FEDERAL TRANSIT
ADMINISTRATION FOR THE CONSTRUCTION OF THE MASON
CORRIDOR (MAX) BUS RAPID TRANSIT PROJECT
WHEREAS, in 2009, the Federal Transit Administration (“FTA”) approved Small Starts
funding to construct the MAX Bus Rapid Transit (BRT) Project (the “Project”); and
WHEREAS, the construction of the Project was included in the National and Environmental
Policy Act (“NEPA”) environmental assessment for the BRT: and
WHEREAS, on September 9, 2008, the FTA declared a Finding of No Significant Impact
(“FONSI”) regarding the construction and operation of the Project which FONSI was affirmed on
December 21, 2010, following authorization of certain changes in the final design; and
WHEREAS, following significant public outreach and upon the favorable recommendation
of the Transportation Board, the City Council has determined that the Project is in the best interests
of the City; and
WHEREAS, the implementation of the Project is an essential step in achieving the Transfort
Transit System vision by removing bus traffic from College Avenue and creating an exclusive
guideway which will provide the backbone for future transit system needs along the City’s
north/south spine; and
WHEREAS, the Construction Grant Agreement for the Project between the FTA and the City
provides and allows for the construction and acquisition of the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute a Project Construction Grant Agreement
between the City and the FTA for the construction of the Mason Corridor (MAX) Bus Rapid Transit
Project upon condition of the passage of Ordinance No. 008, 2012, appropriating funds for the
Project.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of February, A.D. 2012.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 008, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND,
MASON CORRIDOR PROJECT FOR THE MAX BUS RAPID TRANSIT PROJECT
WHEREAS, the MAX Bus Rapid Transit project (“MAX”) is a five-mile, north-south byway
extending from Cherry Street to approximately one quarter mile south of Harmony Road; and
WHEREAS, the City was awarded a grant from the Federal Transit Administration (“FTA”)
for the MAX project (the “Grant”); and
WHEREAS, MAX includes six park-n-ride locations, twelve stations/stops, and two transit
centers; and
WHEREAS, the MAX project also includes improvements to the existing Downtown Transit
Center, construction of the new South Transit Center, and expansion of the existing Transfort
maintenance facility to accommodate six new BRT buses; and
WHEREAS, the City Council adopted Resolution 2012-005 authorizing the Mayor to sign
the Project Construction Grant Agreement between the City and the FTA for the construction of the
MAX project; and
WHEREAS, the total construction cost for the MAX project is $86,833,848; and
WHEREAS, the Grant provides that 80% of the MAX project funding will come from the
FTA and 20% will come from local matching funds; and
WHEREAS, this Ordinance appropriates the remaining FTA funds of $14,845,076 resulting
in the total appropriated amount of $86,833,848 for the MAX project; 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 has determined that the appropriation of the Grant funds 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 the fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated from unanticipated revenue in the Capital Projects Fund
the sum of FOURTEEN MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND SEVENTY-
SIX DOLLARS ($14,845,076) for expenditure in the Capital Projects Fund, Mason Corridor Project
for the MAX Bus Rapid Transit Project.
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk