HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/01/2011 - ITEMS RELATING TO THE PURCHASE OF A RAPID TRANSITDATE: November 1, 2011
STAFF: Marlys Sittner
Kurt Ravenschlag
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 15
SUBJECT
Items Relating to the Purchase of a Rapid Transit Bus.
A. Resolution 2011-096 Authorizing the Execution of a Contract Between the City of Fort Collins and the
Colorado Department of Transportation (CDOT) for the Purchase of One Bus Rapid Transit Bus.
B. First Reading of Ordinance No. 146, 2011, Appropriating Prior Year Reserves in the Transit Services Fund
for Transfer to the Capital Projects Fund and Appropriating Unanticipated Revenue in the Capital Projects
Fund, Mason Corridor Project for the Purchase of One Bus Rapid Transit Bus.
EXECUTIVE SUMMARY
The Colorado Department of Transportation has awarded FASTER (Funding Advancements for Surface Transportation
and Economic Recovery) funding to purchase one of the six Bus Rapid Transit (BRT) buses needed for MAX
operations. The Colorado Department of Transportation approved funds that will be applied toward the BRT bus
purchase. This request appropriates funds and executes the contract with CDOT.
The MAX BRT project is a five mile; primarily fixed guideway located about one block to the west of College Avenue.
The BRT includes seven park-n-ride lots, eight BRT stations with pedestrian and bicycle access, eight BRT curb-side
stops, a transit center at the southern and northern termini, and off-line upgrades to an existing transit maintenance
facility to provide MAX BRT service. Six exclusive BRT buses will be acquired and added to the existing City bus fleet
in order to provide MAX BRT services. All six buses will be new bus purchases, and will replace older buses beyond
their useful life. The six BRT buses will be purchased at the same time, once the Project Construction Grant
Agreement (PCGA) has been executed in March 2012. The one BRT bus funded by this grant will be purchased at
the same time as the other five BRT vehicles. Three BRT vehicles are funded through CDOT grants (SB-1, FASTER),
while the other three are funded through the federal Small Starts grant.
BACKGROUND / DISCUSSION
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.
Six exclusive BRT buses will be acquired and added to the existing City bus fleet in order to provide MAX BRT
services. The CDOT FASTER funding contract for the purchase of one BRT bus will be leveraged as local match
towards the federal funding of the Mason Corridor Bus Rapid Transit project. The State contribution approved for
purchase of one BRT bus is $500,000.
Project Schedule
Finalize Bus Specifications: December 2011
Order Bus: March 2012
The order and purchase of one BRT bus will be coordinated with the order and purchase of the five remaining BRT
buses needed for the operation of the MAX BRT. It is important to order the buses early as there is an eighteen month
production schedule from the time of order. Ordering the MAX BRT buses in March 2012 ensures they are ready by
mid-2013.
November 1, 2011 -2- ITEM 15
FINANCIAL / ECONOMIC IMPACTS
This funding contract between the Colorado Department of Transportation (CDOT) and the City of Fort Collins is for
the purchase of one BRT bus, which is a component of the Mason Corridor/MAX BRT Project. CDOT's FASTER
funding program is an 80/20 grant program with the State providing 80% of the total cost. Although the City requested
$680,000 for 80% of the cost to fund one BRT bus, CDOT awarded $500,000 of State FASTER funding, and the City
of Fort Collins will overmatch with a contribution of $350,000 from the Transfort Capital Reserve.
Capital
State of Colorado FASTER (58.8%): $500,000
Local Match (41.2%): City of Fort Collins
(Transfort Capital Reserve) $350,000
Total Capital Project Cost (One BRT bus): $850,000
The State Transportation Commission approved a total amount of $500,000 for the purchase of one BRT bus. The
approved FASTER funds are part of the City's overall local matching funds for the Federal Transit Administration
federal funding for the overall Mason Corridor BRT Project.
The BRT buses will be delivered in 2013 and will replace six older Transfort buses. The new BRT buses will be
operational in the first quarter of 2014. The new buses will reduce Transfort’s annual maintenance expenses by
$12,800 per bus, due to the lower maintenance costs for new buses. The following maintenance expenses for one
new BRT bus will be submitted as an offer in the 2013 and 2014 Budgeting for Outcomes process.
2013 Maintenance Costs for One BRT Bus
BRT Bus Maintenance per Year $ 16,000
Total Maintenance expense for one BRT Bus: $ 16,000
ENVIRONMENTAL IMPACTS
The BRT buses were 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 would result from the construction and on-going operation of the MAX BRT system.
The Environmental Assessment analyzed Impacts on the following categories:
Land Use and Zoning
Social Conditions
Economic Conditions
Environmental Justice
Right-of-way
Air Quality
Noise and Vibration
Water Resources and Water Quality
Wetlands
Flooding and Floodplain Management
Vegetation
Noxious Weeds
Wildlife/Ecological
Threatened and Endangered Species
Visual Quality
Cultural Resources
November 1, 2011 -3- ITEM 15
Hazardous Materials
Parks and Recreation Resources
Farmland
Public Safety and Security
Construction
Transportation
Cumulative Impacts
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. Since 2000, staff has regularly updated the Transportation
Board regarding the progress of the Mason Corridor, most recently on May 18, 2011. Minutes from the Transportation
Board can be seen in Attachment 3.
PUBLIC OUTREACH
Significant public outreach has been conducted since 1998 with 48 public meetings held for the Mason Corridor
project. The most recent public outreach event was an Open House held June 2, 2010. Information and renderings
of the project and buses were included.
ATTACHMENTS
1 Photo of BRT bus
2 Intergovernmental Agreement between Colorado Department of Transportation and City of Fort Collins for the
purchase of one BRT bus
3 Transportation Board Minutes, May 18, 2011, July 21, 2010, and September 20, 2000
Attachment 1: BRT Bus with MAX Branding
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Page 1
STATE OF COLORADO
Colorado Department of Transportation
Division of Transit and Rail
FASTER-Transit Grant Agreement
with
City of Fort Collins
TABLE OF CONTENTS
1. PARTIES ................................................................................................................................................................... 1
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ...................................................................................... 1
3. RECITALS ................................................................................................................................................................ 2
4. DEFINITIONS .......................................................................................................................................................... 2
5. TERM ........................................................................................................................................................................ 3
6. SCOPE OF WORK ................................................................................................................................................... 3
7. PAYMENTS TO GRANTEE.................................................................................................................................... 4
8. REPORTING - NOTIFICATION ............................................................................................................................. 5
9. GRANTEE RECORDS ............................................................................................................................................. 6
10. CONFIDENTIAL INFORMATION-STATE RECORDS ...................................................................................... 6
11. CONFLICTS OF INTEREST ................................................................................................................................. 7
12. REPRESENTATIONS AND WARRANTIES ....................................................................................................... 7
13. INSURANCE .......................................................................................................................................................... 8
14. BREACH ................................................................................................................................................................. 9
15. REMEDIES ........................................................................................................................................................... 10
16. NOTICES and REPRESENTATIVES .................................................................................................................. 12
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................................. 12
18. GOVERNMENTAL IMMUNITY ........................................................................................................................ 12
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM ................................................................................... 12
20. GENERAL PROVISIONS .................................................................................................................................... 13
21. COLORADO SPECIAL PROVISIONS ............................................................................................................... 15
22. SIGNATURE PAGE ............................................................................................................................................. 18
EXHIBIT A (Scope of Work)
EXHIBIT B (FASTER Program Requirements)
EXHIBIT C (Grantee Payment Checklist)
EXHIBIT D (49 CFR 18 Subpart C)
EXHIBIT E (General Procurement Standards)
EXHIBIT F (State and Grantee Commitments)
EXHIBIT G (Option Letter)
EXHIBIT H (Security Agreement) (this will only be used for purchase of transit vehicle(s) or equipment)
EXHIBIT I (State or Federal-Aid Project Agreements with Professional Subgrantee Services) (this will only be used if a
Transit Construction Grant)
EXHIBIT J (Grantee Contract Administration Checklist) (this will only be used if a Transit Construction Grant)
1. PARTIES
This Grant Agreement (“Grant”) is entered into by and between City of Fort Collins (“Grantee”), and the
STATE OF COLORADO acting by and through the Colorado Department of Transportation, Division of
Transit and Rail (“State or “CDOT”). Grantee and the State hereby agree to the following terms and
conditions.
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or designee (“Effective Date”). The State shall not be liable to pay or reimburse Grantee for any
ATTACHMENT 2
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Page 2
performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any
provision hereof prior to the Effective Date.
3. RECITALS
A. Authority, Appropriation, and Approval
Authority to enter into this Grant exists in CRS §§43-1-106, 43-1-110, 43-1-117, 43-2-101(4)(c) as
amended and funds have been budgeted, appropriated and otherwise made available pursuant to CRS
§43-4-811(2) and a sufficient unencumbered balance thereof remains available for payment. Required
approvals, clearance and coordination have been accomplished from and with appropriate agencies.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Grant.
C. Purpose
The purpose of this Grant is for CDOT to disperse FASTER Transit Program Funds to Grantee to
conduct work within the provisions of this Grant. The work to be completed under this Grant by the
Grantee is more specifically described in Exhibits A and B.
D. References
All references in this Grant to sections (whether spelled out or using the § symbol), subsections,
exhibits or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Budget
“Budget” means the budget for the Work described in Exhibit A.
B. Evaluation
“Evaluation” means the process of examining Grantee’s Work and rating it based on criteria
established in §6, §19, and all Exhibits.
C. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein: Exhibit A (Scope of Work),
Exhibit B (FASTER Program Requirements), and Exhibit C (Grantee Payment Checklist), Exhibit D
(49 CFR 18 Subpart C), Exhibit E (General Procurement Standards), Exhibit F (State and Grantee
Commitments), Exhibit G (Option Letter), Exhibit H (Security Agreement), Exhibit I (State or
Federal-Aid Project Agreements with Professional Subgrantee Services) and Exhibit J (Grantee
Contract Administration Checklist).
D. Goods
“Goods” means tangible material acquired, produced, or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
E. Grant
“Grant” means this Grant, its terms and conditions, attached exhibits, documents incorporated by
reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or
references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller
Policies.
F. Grant Funds
“Grant Funds” means available funds payable by the State to Grantee pursuant to this Grant.
G. Local Funds
“Local Funds” means funds provided by any city, county or entity (public or private) for performance
of the Work.
H. Manual
“Manual” refers to CDOT’s “Local Agency Manual”, if applicable.
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Page 3
I. Party or Parties
“Party” means the State or Grantee and “Parties” means both the State and Grantee.
J. Project
“Project” means Work identified in Exhibit A.
K. Program
“Program” means the Funding Advancement for Surface Transportation and Economic Recovery
(FASTER) Senate Bill 09-108 grant program that provides the funding for this Grant.
L. Review
“Review” means examining Grantee’s Work to ensure that it is adequate, accurate, correct and in
accordance with the criteria established in §6, §19 and Exhibit A.
M. Services
“Services” means the required services to be performed by Grantee pursuant to this Grant.
N. State Funds
“State Funds” means funds provided by the State for performance of the Work.
O. Subgrantee
“Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of its obligations.
P. Work
“Work” means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibit A, including the performance of the Services and delivery of the Goods.
Q. Work Product
“Work Product” means the tangible or intangible results of Grantee’s Work, including, but not limited
to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished
documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts.
5. TERM
A. Initial Term-Work Commencement
The Parties respective performances under this Grant shall commence on the August 1, 2011. This
Grant shall terminate on June 30, 2013 unless sooner terminated or further extended as specified
elsewhere herein.
B. Notice to Proceed
Grantee shall not commence performance of the Work until the date specified by a written notice to
proceed, which may be sent by email or by hardcopy pursuit to §16.
C. State’s Option to Extend Terms
The State may unilaterally require continued performance for two additional one year periods at the
same rates and same terms specified in the Grant. If the State exercises this option, it shall provide
written notice to Grantee at least 30 days prior to the end of the current Grant term in form
substantially equivalent to Exhibit G . If exercised, the provisions of the Option Letter shall become
part of and be incorporated into this Grant. The total duration of this Grant, including the exercise of
any options under this clause, shall not exceed three years.
6. SCOPE OF WORK
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibits A and B
on or before June 30, 2013. The State shall not be liable to compensate Grantee for any Work
performed prior to the Effective Date or after the termination of this Grant.
B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by
the State.
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Page 4
C. Employees
All persons employed by Grantee or Subgrantees shall be considered Grantee’s or Subgrantees’
employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a
result of this Grant.
D. Federal Laws, Rules and Regulations
If the Grant Funds involves federal funding, Grantee understands and agrees that federal laws, rules
and regulations will control the Work and its implementation. Unless a written waiver is granted,
Grantee agrees to comply with all required federal laws, rules and regulations applicable to the Work,
in addition to all State requirements.
E. Option for Phased Performance
The State may unilaterally require the Grantee to begin performance on the next phase of the Project as
outlined in Scope of Work in Exhibit A at the same rates and same terms specified in the Grant. If the
State exercises this option, it shall provide written notice to Grantee in a form substantially equivalent
to Exhibit G. If exercised, the provisions of the Option Letter shall become part of and be incorporated
into this Grant.
7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and
using the methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is $500,000, as determined by
the State from available funds. Grantee agrees to provide any additional funds required for the
successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of
the Grant as set forth in Exhibit A. The maximum amount payable by the State to Grantee during the
term of this Grant shall be:
Maximum amount payable by the State to the Grantee for each year of this Grant shall be as stated in
Exhibit A and any amendments thereto.
B. Payment
i. Advance, Interim and Final Payments
Any advance payment allowed under this Grant or in Exhibit A shall comply with State Fiscal
Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee
shall initiate any payment requests by submitting invoices to the State in the form and manner
set forth and approved by the State.
ii. Interest
The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced
represents performance by Grantee previously accepted by the State. Uncontested amounts not
paid by the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance
beginning on the 46th day at a rate not to exceed one percent per month until paid in full;
provided, however, that interest shall not accrue on unpaid amounts that are subject to a good
faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent
amounts. The billing shall reference the delinquent payment, the number of day’s interest to be
paid and the interest rate.
G/L Account: 4518000010 CO Area: 1000 Fund: 400 Company Code: 1000 Vendor Number: 2000023
Functional Area: 1480 Funds Center: DT510-010 Total Encumbered Grant Amount: $500,000
State Fiscal Year: FY 12 *Line Item: 10 *WBS: 18518.10.50
State Funds Amount Total: $500,000 Local Funds Amount Total: $350,000 Total: $850,000
*The Line Item and WBS numbers may be replaced at CDOT’s discretion without a contract amendment as long as such
changes do not change the total amount of the Grant or move funds between phases of the Project in excess of 10%, which
shall be subject to Section 7(C).
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Page 5
iii. Available Funds-Contingency-Termination
The State is prohibited by law from making fiscal commitments beyond the term of the State’s
current fiscal year. Therefore, Grantee’s compensation is contingent upon the continuing
availability of State appropriations as provided in the Colorado Special Provisions, set forth
below. If federal funds are used with this Grant in whole or in part, the State’s performance
hereunder is contingent upon the continuing availability of such funds. Payments pursuant to
this Grant shall be made only from available funds encumbered for this Grant and the State’s
liability for such payments shall be limited to the amount remaining of such encumbered funds.
If State or federal funds are not appropriated, or otherwise become unavailable to fund this
Grant, the State may immediately terminate this Grant in whole or in part without further
liability in accordance with the provisions herein.
iv. Erroneous Payments
At the State’s sole discretion, payments made to Grantee in error for any reason, including, but
not limited to overpayments or improper payments, and unexpended or excess funds received
by Grantee, may be recovered from Grantee by deduction from subsequent payments under this
Grant or other Grants, grants or agreements between the State and Grantee or by other
appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any
person or entity other than the State.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Budget line
item adjustments exceeding 10% but less than 24.99% must be submitted in advance of actual cost and
receive written State approval, which approval may be transmitted informally by email or such other
means that does not rise to the level of an amendment to this Grant. A budget revision of Exhibit A
will be issuedby State with any such adjustment. Adjustments in excess of 24.99% for any line item
shall be authorized by the State in an amendment to this Grant. The State’s total consideration shall not
exceed the maximum amount shown herein.
D. Local Funds
Grantee shall provide Local Funds as provided in Exhibit A. Payments to Grantee of Grant Funds will
be made for Project expenditures reported by Grantee and submitted to and accepted by the State for
payment based on the ratio required State Funds and Local Funds for which Grantee has submitted to
the State.
E. Payment Compliance
All Grant reimbursements shall comply with 49 CFR 18 Subpart C (Exhibit D) of the Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
Additionally, Grantee shall only be reimbursed for costs allowable under 2 CFR Part 125, Appendix A.
8. REPORTING - NOTIFICATION
Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and
in such form as prescribed by the State and in accordance with §19, if applicable.
A. Performance, Progress, Personnel, and Funds
Grantee shall submit a report to the State upon expiration or sooner termination of this Grant,
containing an Evaluation and Review of Grantee’s performance and the final status of Grantee's
obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set
forth in the Local Agency Manual and/or this Grant.
B. Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed with a court or
administrative agency, related to this Grant or which may affect Grantee’s ability to perform its
obligations hereunder, Grantee shall notify the State of such action and deliver copies of such
pleadings to the State’s principal representative as identified herein. If the State’s principal
representative is not then serving, such notice and copies shall be delivered to the Executive Director of
CDOT.
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Page 6
C. Noncompliance
Grantee’s failure to provide reports and notify the State in a timely manner in accordance with this §8
may result in the delay of payment of funds and/or termination as provided under this Grant.
D. Subgrants
Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be
submitted to the State or its principal representative upon request by the State. Any and all subgrants
entered into by Grantee related to its performance hereunder shall comply with all applicable federal
and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado.
9. GRANTEE RECORDS
Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete
file of all records, documents, communications, notes and other written materials, electronic media
files, and communications, pertaining in any manner to the Work or the delivery of Services
(including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain
such records until the last to occur of the following: (i) a period of three years after the date this Grant
is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such
further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or
Grantee has received notice that an audit is pending, then until such audit has been completed and its
findings have been resolved (the “Record Retention Period”).
B. Inspection
Grantee shall permit the State, the federal government and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records
related to this Grant during the Record Retention Period for a period of three years following
termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the
terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the
Work at all reasonable times and places during the term of this Grant, including any extension. If the
Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to
bring the Work into conformity with Grant requirements, at Grantee’s sole expense. If the Work cannot
be brought into conformance by re-performance or other corrective measures, the State may require
Grantee to take necessary action to ensure that future performance conforms to Grant requirements and
exercise the remedies available under this Grant, at law or inequity in lieu of or in conjunction with
such corrective measures.
C. Monitoring
Grantee shall permit the State, the federal government, and other governmental agencies having
jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms
of this Grant using any reasonable procedure, including, but not limited to: internal evaluation
procedures, examination of program data, special analyses, on-site checking, formal audit
examinations, or any other procedures. All monitoring controlled by the State shall be performed in a
manner that shall not unduly interfere with Grantee’s performance hereunder.
D. Final Audit Report
If an audit is performed on Grantee’s records for any fiscal year covering a portion of the term of this
Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at
the address specified herein.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes, but is not necessarily limited
to, any State records, personnel records, and information concerning individuals. Such information shall not
include information required to be disclosed pursuant to the Colorado Open Records Act, CRS 24-72-101, et
seq.
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Page 7
A. Confidentiality
Grantee shall keep all State records and information confidential at all times and to comply with all
laws and regulations concerning confidentiality of information. Any request or demand by a third party
for State records and information in the possession of Grantee shall be immediately forwarded to the
State’s principal representative.
B. Notification
Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with
State records and confidential information that each is subject to the confidentiality requirements set
forth herein, and shall provide each with a written explanation of such requirements before they are
permitted to access such records and information.
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by
Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State.
Grantee shall provide and maintain a secure environment that ensures confidentiality of all State
records and other confidential information wherever located. Confidential information shall not be
retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved
in writing by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause
for legal action by third parties against Grantee, the State or their respective agents. Grantee shall
indemnify, save, and hold harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees and related costs,
incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or
assignees pursuant to this §10.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or personal activities or practices or maintain any relationships
which conflict in any way with the full performance of Grantee’s obligations hereunder. Grantee
acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the
State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any practices,
activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s
obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a
conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure
statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a
disclosure statement or to follow the State’s direction in regard to the apparent conflict constitutes a breach
of this Grant.
12. REPRESENTATIONS AND WARRANTIES
Grantee makes the following specific representations and warranties, each of which was relied on by the
State in entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill
and diligence in the industry, trades or profession and in the sequence and manner set forth in this
Grant.
B. Legal Authority – Grantee and Grantee’s Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all
actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to
lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind
Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee’s
authority to enter into this Grant within 15 days of receiving such request.
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Page 8
C. Licenses, Permits, Etc.
Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term
hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and
other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall
maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations
required to properly perform this Grant, without reimbursement by the State or other adjustment in
Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant
shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a
foreign corporation or other foreign entity transacting business in the State of Colorado, further
warrants that it currently has obtained and shall maintain any applicable certificate of authority to
transact business in the State of Colorado and has designated a registered agent in Colorado to accept
service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals,
insurance, permits or any such similar requirements necessary for Grantee to properly perform the
terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for
termination of this Grant.
13. INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times
during the term of this Grant. All policies evidencing the insurance coverage required hereunder shall be
issued by insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act,
CRS §24-10-101, et seq., as amended (the “GIA”), then Grantee shall maintain at all times
during the term of this Grant such liability insurance, by commercial policy or self-insurance, as
is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance
satisfactory to the State, if requested by the State. Grantee shall require each Grant with
Subgrantees that are public entities, providing Goods or Services hereunder, to include the
insurance requirements necessary to meet Subgrantee’s liabilities under the GIA.
ii. Non-Public Entities
If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and
maintain during the term of this Grant insurance coverage and policies meeting the same
requirements set forth in §13(B) with respect to Subgrantees that are not "public entities".
B. Grantee and Subgrantees
Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing
Goods or Services in connection with this Grant, to include insurance requirements substantially similar
to the following:
i. Worker’s Compensation
Worker’s Compensation Insurance as required by State statute, and Employer’s Liability
Insurance covering all of Grantee and Subgrantee employees acting within the course and scope
of their employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, fire damage, independent Subgrantees, 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,
Subgrantee shall immediately obtain additional insurance to restore the full aggregate limit and
furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance
with this provision.
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iii. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non-owned
autos) with a minimum limit of $1,000,000 each accident combined single limit.
iv. Professional Liability
Professional liability insurance with minimum limits of liability of not less than $1,000,000
each claim and $1,000,000 annual aggregate for both the Grantee or any Subgrantee when:
a) Contract items 625 (Construction Surveying), 629 (Survey Monumentation), or both are
included in the Grant
b) Plans, specifications, and submittals are required to be signed and sealed by the
Grantee’s or Subgrantee’s professional engineer, including but not limited to:
(1) Shop drawings and working drawings as described in subsection 105.02 of the CDOT
Standards Specification for Road and Bridge Construction Manual which can be found
at: www.coloradodot.info/business/designsupport/construction-specifications/2011-
Specs/2011-Specs-Bood.pdf
(2) Mix designs
(3) Contractor performed design work as required by the plans and specifications
(4) Approved value engineering change proposals
v. Additional Insured
Grantee and the State shall be named as additional insured on the Commercial General Liability
and Automobile Liability Insurance policies (leases and construction Grants require additional
insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or
equivalent).
vi. Primacy of Coverage
Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-
insurance program carried by Grantee or the State.
vii. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-renewal
without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the
State in accordance with §16 (Notices and Representatives) within seven days of Grantee’s
receipt of such notice.
viii. Subrogation Waiver
All insurance policies in any way related to this Grant and secured and maintained by Grantee
or its Subgrantees as required herein shall include clauses stating that each carrier shall waive
all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies,
institutions, organizations, officers, agents, employees, and volunteers.
C. Certificates
Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the
State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the
expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee
certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other
time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of
such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this
§13.
14. BREACH
A. Defined
In addition to any breaches specified in other sections of this Grant, the failure of either Party to
perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory
manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency,
reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer
for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the
institution or occurrence thereof, shall also constitute a breach.
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B. Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other
Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written
notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30
days and pursued with due diligence, the State may exercise any of the remedies set forth in §15.
Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide
advance notice or a cure period and may immediately terminate this Grant in whole or in part if
reasonably necessary to preserve public safety or to prevent immediate public crisis.
15. REMEDIES
If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in
this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and
cure period set forth in §14(B), provided however, that the State may terminate this Grant pursuant to
§15(B) without a breach. The State may exercise any or all of the remedies available to it, in its sole
discretion, concurrently or consecutively.
A. Termination for Cause and/or Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure
its completion in accordance with the provisions of this Grant and in a timely manner, the State may
notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter
fails to promptly cure such non-performance within the cure period, the State, at its option, may
terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to
properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations
hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or
render further performance hereunder past the effective date of such notice, and shall terminate
outstanding orders and subgrants with third parties. However, Grantee shall complete and deliver
to the State all Work, Services and Goods not cancelled by the termination notice and may incur
obligations as are necessary to do so within this Grant’s terms. At the sole discretion of the State,
Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated
orders or subgrants. Upon termination, Grantee shall take timely, reasonable and necessary
action to protect and preserve property in the possession of Grantee in which the State has an
interest. All materials owned by the State in the possession of Grantee shall be immediately
returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee
to the State and shall become the State’s property.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination.
If, after termination by the State, it is determined that Grantee was not in breach or that
Grantee's action or inaction was excusable, such termination shall be treated as a termination in
the public interest and the rights and obligations of the Parties shall be the same as if this Grant
had been terminated in the public interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the
State for any damages sustained by the State by virtue of any breach under this Grant by
Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the
State’s damages, until such time as the exact amount of damages due to the State from Grantee
is determined. The State may withhold any amount that may be due to Grantee as the State
deems necessary to protect the State, including loss as a result of outstanding liens or claims of
former lien holders, or to reimburse the State for the excess costs incurred in procuring similar
goods or services. Grantee shall be liable for excess costs incurred by the State in procuring
from third parties replacement Work, Services or substitute Goods as cover.
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B. Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly, and/or courts. If this Grant ceases to
further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole
or in part. Exercise by the State of this right shall not constitute a breach of the State’s obligations
hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or
breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §16. The notice shall
specify the effective date of the termination and whether it affects all or a portion of this Grant.
ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and comply with the same
obligations and rights set forth in §15(A)(i).
iii. Payments
If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount
which bears the same ratio to the total reimbursement under this Grant as the Services
satisfactorily performed bear to the total Services covered by this Grant, less payments
previously made. Additionally, if this Grant is less than 60% completed, the State may
reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed
under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion
of Grantee’s obligations hereunder; provided that the sum of any and all reimbursement shall
not exceed the maximum amount payable to Grantee hereunder.
C. Remedies Not Involving Termination
The State, in its sole discretion, may exercise one or more of the following remedies in addition to
other remedies available to it:
i. Suspend Performance
Suspend Grantee’s performance with respect to all or any portion of this Grant pending
necessary corrective action as specified by the State without entitling Grantee to an adjustment
in price/cost or performance schedule. Grantee shall promptly cease performance and incurring
costs in accordance with the State’s directive and the State shall not be liable for costs incurred
by Grantee after the suspension of performance under this provision.
ii. Withhold Payment
Withhold payment to Grantee until corrections in Grantee’s performance are satisfactorily made
and completed.
iii. Deny Payment
Deny payment for those obligations not performed, that due to Grantee’s actions or inactions,
cannot be performed or, if performed, would be of no value to the State; provided, that any
denial of payment shall be reasonably related to the value to the State of the obligations not
performed.
iv. Removal
Demand removal of any of Grantee’s employees, agents, or Subgrantees whom the State deems
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
relation to this Grant is deemed to be contrary to the public interest or not in the State’s best
interest.
v. Intellectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property
right while performing its obligations under this Grant, Grantee shall, at the State’s option (a)
obtain for the State or Grantee the right to use such products and services; (b) replace any
Goods, Services, or other product involved with non-infringing products or modify them so that
they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably
available, remove any infringing Goods, Services, or products and refund the price paid
therefore to the State.
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16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required
to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to
such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-
copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party
may from time to time designate by written notice substitute addresses or persons to whom such notices
shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt.
A. State:
Andrew O'Connor, Grant Coordinator
Colorado Dept. of Transportation
4201 E. Arkansas Ave.
Shumate Building
Denver, CO 80222
andrew.oconnor@dot.state.co.us
B. Grantee:
Kurt Ravenschlag, Transfort Assistant
General Manager
City of Fort Collins
250 N. Mason Street
[Grantee Rep Address 2]
Fort Collins, Colorado 80524
kravenschlag@fcgov.com
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its
obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be
delivered to the State by Grantee upon completion or termination hereof. The State’s exclusive rights in
such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and
prepare derivative works. Grantee shall not use, willingly allow, cause or permit such Work Product to be
used for any purpose other than the performance of Grantee's obligations hereunder without the prior written
consent of the State.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or
implied, of any of the immunities, rights, benefits, protection, or other provisions of the GIA. Liability for
claims for injuries to persons or property arising from the negligence of the State of Colorado, its
departments, institutions, agencies, boards, officials, and employees is controlled and limited by the
provisions of the GIA and the risk management statutes, CRS §24-30-1501, et seq., as amended.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective
Date or at anytime thereafter, this §19 applies.
Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-
601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and
inclusion of Grant performance information in a statewide Contract Management System.
Grantee’s performance shall be subject to Evaluation and Review in accordance with the terms and
conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and
Guidance. Evaluation and Review of Grantee’s performance shall be part of the normal Grant administration
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process and Grantee’s performance will be systematically recorded in the statewide Contract Management
System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and
timeliness. Collection of information relevant to the performance of Grantee’s obligations under this Grant
shall be determined by the specific requirements of such obligations and shall include factors tailored to
match the requirements of Grantee’s obligations. Such performance information shall be entered into the
statewide Contract Management System at intervals established herein and a final Evaluation, Review and
Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following
each performance Evaluation and Review, and shall address or correct any identified problem in a timely
manner and maintain work progress.
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department
of Personnel and Administration (Executive Director), upon request by CDOT and showing of good cause,
may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final
Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or
correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the
debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in
the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of
good cause.
20. GENERAL PROVISIONS
A. Assignment and Subgrants
Grantee’s rights and obligations hereunder are personal and may not be transferred, assigned or
subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or
subgranting without such consent shall be void. All assignments, subgrants, or Subgrantees approved
by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible
for all aspects of subgranting arrangements and performance.
B. Binding Effect
Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representatives,
successors, and assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written, are merged herein. Prior or contemporaneous
additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless
embodied herein.
F. Indemnification-General
Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and
all claims, damages, liability and court awards including costs, expenses, and attorney fees and related
costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or
assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or
other provisions, of the GIA, or the Federal Tort Claims Act, 28 USC 2671 et seq., as applicable, as
now or hereafter amended.
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G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and
exclusive venue shall be in the City and County of Denver.
H. Modification
i. By the Parties
Except as specifically provided in this Grant, modifications of this Grant shall not be effective
unless agreed to in writing by the Parties in an amendment to this Grant, properly executed
and approved in accordance with applicable Colorado State law, State Fiscal Rules, and
Office of the State Controller Policies, including, but not limited to, the policy entitled
MODIFICATIONS OF CONTRACTS - TOOLS AND FORMS.
ii. By Operation of Law
This Grant is subject to such modifications as may be required by changes in federal or
Colorado State law, or their implementing regulations. Any such required modification
automatically shall be incorporated into and be part of this Grant on the effective date of such
change, as if fully set forth herein.
I. Order of Precedence
The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those
provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents
in the following order of priority:
i. Colorado Special Provisions
ii. The Provision of the main body of this Grant
iii. Exhibit A (Scope of Work),
iv. Exhibit B (FASTER Program Requirements),
v. Any executed Option Letter, and
vi. Other Exhibits in descending order of their attachment.
J. Severability
Provided this Grant can be executed and performance of the obligations of the Parties accomplished
within its intent, the provisions hereof are severable and any provision that is declared invalid or
becomes inoperable for any reason shall not affect the validity of any other provision hereof.
K. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued
performance, compliance, or effect after termination hereof, shall survive such termination and shall be
enforceable by the State if Grantee fails to perform or comply as required.
L. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such
exemptions apply when materials are purchased or services rendered to benefit the State; provided
however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use
taxes even though the product or service is provided to the State. Grantee shall be solely liable for
paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them.
M. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties,
and not to any third party. Any services or benefits which third parties receive as a result of this Grant
are incidental to the Grant, and do not create any rights for such third parties.
N. Waiver
Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy
hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver
of any subsequent breach of such term, provision or requirement, or of any other term, provision, or
requirement.
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O. CORA Disclosure
To the extent not prohibited by federal law, this Contract and the performance measures and standards
under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records
Act, CRS §24-72-101, et seq.
21. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all Grants except where noted in italics.
A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1)
This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
B. 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.
C. GOVERNMENTAL IMMUNITY
No term or condition of this Grant 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 USC §§1346(b) and 2671
et seq., as applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent contractor and not as an employee.
Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of
the State. Grantee 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 Grantee or any of its agents or employees. Unemployment insurance benefits will be
available to Grantee and its employees and agents only if such coverage is made available by Grantee
or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as expressly set forth
herein. Grantee 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.
E. COMPLIANCE WITH LAW
Grantee 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.
F. CHOICE OF LAW
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this grant. 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 Grant, to the extent capable of execution.
G. 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 Grant or incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00
State or other public funds payable under this Grant shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any
extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such
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improper use of public funds. If the State determines that Grantee is in violation of this provision, the
State may exercise any remedy available at law or in equity or under this Grant, including, without
limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws
or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-
507
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall
not acquire any interest, direct or indirect, that would conflict in any manner or degree with the
performance of Grantee’s services and Grantee shall not employ any person having such known
interests.
J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4
[Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State
Controller may withhold payment under the State’s vendor offset intercept system for debts owed to
State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax,
accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the
Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the
Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final
agency determination or judicial action.
K. PUBLIC GRANTS 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] Grantee certifies, warrants, and agrees
that it does not knowingly employ or contract with an illegal alien who will perform work under this
Grant and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Grant, through participation in the E-
Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not
knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a
grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ
or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E-Verify
Program or State program procedures to undertake pre-employment screening of job applicants while
this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within
three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an
illegal alien for work under this Grant, (c) shall terminate the subgrant if a Subgrantee 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 Grantee participates in the
State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or
political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal
work status of such employee, and shall comply with all of the other requirements of the State
program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq.,
the granting State agency, institution of higher education or political subdivision may terminate this
Grant for breach and, if so terminated, Grantee shall be liable for damages.
L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101
Grantee, 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
Grant.
SPs Effective 1/1/09
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22. SIGNATURE PAGE
Grant Routing Number 31824
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
City of Fort Collins
By:
___________________________________________
Print Name of Authorized Individual
Title:
__________________________________________
Print Title of Authorized Individual
______________________________________________
*Signature
Date: _________________________
STATE OF COLORADO
John W. Hickenlooper, Governor
Colorado Department of Transportation
Donald E. Hunt – Executive Director
______________________________________________
By: Donald E. Hunt, CDOT Executive Director
Signatory avers to the State Controller or delegate that
Grantee has not begun performance or that a Statutory
Violation waiver has been requested under Fiscal Rules
Date: _________________________
2nd Grantee Signature if Needed
By:
______________________________________________
Print Name of Authorized Individual
Title:
______________________________________________
Print Title of Authorized Individual
______________________________________________
*Signature
Date: _________________________
LEGAL REVIEW
John W. Suthers, Attorney General
By:_______________________________________________
Signature - Assistant Attorney General
Date: _________________________
ALL GRANTS REQUIRE 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: ___________________________________________
Colorado Department of Transportation
Date:_____________________
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit A-1
EXHIBIT A – SCOPE OF WORK
FASTER Scope of Work Template
For Rolling Stock and Equipment Awards
Recipient Organization Information
Organization Name: The City of Fort Collins
DUNS number: 078362597
Project Contact Information
Kurt Ravenschlag
250 N. Mason Street
Fort Collins, CO 80524
(970)221-6386
(970)221-6285
kravenschlag@fcgov.com
Program Overview:
Transfort / Dial-A-Ride is Fort Collins’ public transportation system. Transfort averages over 2 million fixed
route trips per year on its system of 18 local routes (within the City of Fort Collins) and 1 regional route (FLEX)
to Longmont. Transfort / Dial-A-Ride operates from 6am to 7pm, Monday thru Saturday and provides night
service to its paratransit passengers until 11:00pm each night. Also, via funding from the Associated Students
of CSU organization, two of the fixed routes operate until 10pm each night. The City of Fort Collins is the
designated recipient for FTA Section 5307 urbanized formula funding for the North Front Range Transportation
Management Area. Transfort's vehicle fleet consists of 34 x heavy duty buses - 11 of which are powered by
Clean Natural Gas (CNG).
Project Overviews:
The City of Fort Collins is requesting FASTER funding for one 60’ articulated, compressed natrual gas vehicle
at the cost of $850,000. This 60’ articulated transit vehicle will be used in operations for the Mason Corridor
Bus Rapid Transit (BRT). This project is scheduled to begin operations in 2013 and the vehicle acquisition
process can exceed eighteen months. This 60’ bus will be used in operations of the Mason BRT, and for
training prior to BRT opening day. We anticipate that the vehicle to be replaced is Unit # 47 - 1998 35' LF
Gillig Phantom (499,501 miles) - Vin # 15GCB2110W1088960, but the unit # may change, as vehicle
conditions warrant. The 60' bus will be stationed at Transfort's maintenance facility at Portner Road in Fort
Collins and will be retrofitted with an electronic farebox & video/audio surveillance prior to being put into
revenue service.
The City of Fort Collins has entered into an order agreement with National American Bus Industries, Inc.
(NABI) bus manufacture for the articulated CNG vehicles in preparation for the Mason Corridor BRT. This
agreement will be used to acquire the requested 60’ articulated bus.
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit A-2
Project Milestones:
Grant Contract: Summer 2011
Vehicle Order Placed: Fall 2011
Delivery of bus: Fall 2012
Final Acceptance and Payment for bus Winter 2012
Bill CDOT for bus Winter 2012
Transit vehicle In Training Operations: Spring 2013
Final paperwork processed and Contract Close-Out: June 30, 2013
Project Budget and Funding
Budget for purchase is $850,000. $500,000 will come from FASTER State funds and the remaining $350,000
will be provided by Transfort's Capital Reserve fund, of which $350,000 has already been appropriated.
Procurement
The City of Fort Collins entered into a consortium bid with the City of Santa Monica, California. Each city
evaluated the bids and entered into their own purchase agreement with NABI, the selected vendor. This
purchase agreement was executed on April 15, 2010, and was completed using the City of Fort
Collins procurement procedures, adhering to all State of Colorado and Federal Transit Authority (FTA)
procurement requirements.
Ongoing Operational Funding
This vehicle is replacing a vehicle that has been in operation for 13 years. Operating expenses for the vehicles
are derived primarily from the City's General Fund and FTA Section 5307 urbanized area funding - preventive
maintenance activities. Transfort / Dial A Ride has been in operation since 1974. This vehicle will be used in
service six days per week, barring maintenance downtime.
Specific Project Elements
The Mason Corridor has a projected opening timeframe of Fall, 2013. This vehicle will initially be used as a
training vehicle before being placed in service in Fall, 2013.
Project Measurement and Certification
This vehicle is expected to travel approximately 40,000 revenue miles each year for at least 12 years in
accordance with the average standard life of this type of vehicle. Performance measurements will include
maintenance costs, ridership statistics, and safety of passengers.
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EXHIBIT B – FASTER PROGRAM REQUIREMENTS
1. PROJECT PAYMENT PROVISIONS
A. The State will reimburse the Grantee 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 Grant. Provided,
however, that charges incurred by the Grantee prior to the Effective Date of this Grant will not be
charged by the Grantee to the Project, and will not be reimbursed by the State.
B. The State will reimburse the Grantee’s reasonable, allocable, allowable costs of performance of the
Work, not exceeding the maximum total of this Grant. The applicable principles described in Exhibit D
shall govern the allowability and allocability of costs under this Grant. The Grantee shall comply with
all such principles. To be eligible for reimbursement, costs by the Grantee shall be:
i. in accordance with the provisions, terms and conditions of this Grant;
ii. necessary for the accomplishment of the Work;
iii. reasonable in the amount for the Goods and Services provided;
iv. actual net cost to the Grantee (i.e. the price paid minus any refunds, rebates, or other items of
value received by the Grantee that have the effect of reducing the cost actually incurred);
v. incurred for Work performed after the Effective Date of this Grant; and
vi. satisfactorily documented.
Examples of ineligible costs include:
i. Staff or administrative overhead costs of the Grantee, unless specifically allowed for in the
Scope of Work;
ii. Fines and penalties; and
iii. Entertainment expenses.
C. The Grantee 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 Grant Funds are expended and costs accounted for
in a manner consistent with this Grant and Project objectives:
i. All allowable costs charged to the Project, including any approved services contributed by the
Grantee or others, shall be supported by properly executed payrolls, time records, invoices,
grants or vouchers evidencing in detail the nature of the charges.
ii. Any check or order drawn up by the Grantee, 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 Grantee, which will detail the purpose for which said
check or order is drawn. All checks, payrolls, invoices, grants, 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 Grantee will prepare and submit to the State, no more than monthly, charges for costs incurred
relative to the Project. The Grantee’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 Grant must be received by the State within 60 days after
termination of this Grant.
i. Payments pursuant to this Grant shall be made in whole or in part, from available funds,
encumbered for the purchase of the described services. If this Grant is terminated, final
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FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit B-2
payment to the Grantee may be withheld at the discretion of the State until completion of final
audit.
2. STATE AND GRANTEE COMMITMENTS
CDOT and the Grantee also agree to ensure the Project is completed within the applicable design and
construction standards in accordance with Exhibit F-State and Grantee Commitments.
3. PROCUREMENT STANDARDS
The Grantee agrees to carry out its procurements consistent with the general procurement standards of the
State. The Grantee agrees to follow the general procurement standards set forth in Exhibit E.
4. CONFORMANCE WITH LAW
The Grantee 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 Grantee 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.
5. NON DISCRIMINATION
The Grantee agrees to comply with and ensure any Subgrantees comply with, the requirements of:
A. The American with Disabilities Act, Title II, 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 VII, and their implementing regulations.
6. STATE INTEREST This section applies if box checked
The Grantee 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 Grant. With respect to any Project property
financed with State assistance under this Grant, the Grantee agrees to comply with the following:
A. Use of Project Property. The Grantee 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 Grantee unreasonably delay or fail to use Project property during the useful life of that
property, the Grantee agrees that it may be required to return the entire amount of the State assistance
expended on that property. The Grantee 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 Grantee has made to CDOT.
B. Maintenance. The Grantee agrees to maintain Project property in good operating order to the State’s
satisfaction.
C. Records. The Grantee agrees to keep satisfactory records pertaining to the use of Project property, and
submit to the State upon request such information as may be required to assure compliance with this
Section.
D. Encumbrance of Project Property. The Grantee agrees to maintain satisfactory continuing control of
Project property as follows:
i. Written Transactions. The Grantee agrees that it will not execute any transfer of title, lease, lien,
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit B-3
pledge, mortgage, encumbrance, third party grant, subgrant, 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.
ii. Oral Transactions. The Grantee agrees that it will not obligate itself in any manner to any third
party with respect to Project property.
iii. Other Actions. The Grantee agrees that it will not take any action adversely affecting the State
interest in or impair the Grantee's continuing control of the use of Project property.
E. Transfer of Project Property. The Grantee understands and agrees as follows:
i. Grantee Request. The Grantee 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.
ii. State Government Direction. The Grantee agrees that the State may direct the disposition of,
and even require the Grantee to transfer, title to any Project property financed with State
assistance under this Grant if it is found that the Project property is not being used for the
intended purpose as stated in the Scope of Work.
iii. Leasing Project Property to Another Party. If the Grantee leases any Project property to another
party, the Grantee 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
Grantee and lessee, or another similar document, consistent with the Project purpose set forth
herein. Upon request by the State, the Grantee agrees to provide a copy of any relevant
documents.
F. Disposition of Project Property. The Grantee 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.
i. Project Property Prematurely Withdrawn from Use. For Project property withdrawn from
appropriate use before its useful life has expired, the Grantee agrees as follows:
c) Notification Requirement. The Grantee agrees to notify the State immediately when any
Project property is prematurely withdrawn from appropriate use, whether by planned
withdrawal, misuse, or casualty loss.
d) Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The
Grantee 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 Grantee agrees that the fair
market value of Project property prematurely withdrawn from use will be calculated as
follows:
(1) Equipment. The Grantee 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 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.
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit B-4
(2) Real Property. The Grantee 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 Grantee agrees that the State may require the
use of another method to determine the fair market value of Project property. In
unusual circumstances, the Grantee 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 Grantee with respect
to the preservation of Project property withdrawn from appropriate use.
e) Financial Obligations to the State. The Grantee 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 Grantee 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. State Interest-Project. The State shall protect its interest in the equipment being obtained with Grant
Funds.
H. Insurance Proceeds. If the Grantee receives insurance proceeds as a result of damage or destruction to
the Project property, the Grantee agrees to:
i. Apply those insurance proceeds to the cost of replacing the damaged or destroyed Project
property taken out of service, or
ii. Return to the State an amount equal to the remaining State interest, based on straight line
depreciation, in the damaged or destroyed Project property.
I. Misused or Damaged Project Property. If any damage to Project property results from abuse or
misuse occurring with the Grantee's knowledge and consent, the Grantee agrees to restore the Project
property to its original condition or refund the value of the State interest, based on straight line
depreciation, in that property, as the State may require.
J. Responsibilities After Project Closeout. The Grantee agrees that Project closeout by the State will
not change the Grantee’s Project property management responsibilities as stated in this Section of the
Grant.
7. RAILROADS This section applies if box checked
In the event the Project involves modification of a railroad company’s facilities whereby the Work is to be
accomplished by railroad company forces, the Grantee shall make timely application to the Public Utilities
Commission requesting its order providing for the installation of the proposed improvements and not proceed
with that part of the Work without compliance. The Grantee shall also establish contact with the railroad
company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B,
concerning State or Federal-aid projects involving railroad facilities, including:
A. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and
that the costs of the improvement shall be eligible for federal participation.
B. Obtaining the railroad’s detailed estimate of the cost of the Work.
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FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit B-5
C. Establishing future maintenance responsibilities for the proposed installation.
D. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or
elimination of a grade crossing.
E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or
damage to the installation.
8. UTILITIES, ACCESS, RIGHT OF WAY This section applies if box checked
A. Utilities. If necessary, the Grantee 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. CDOT will reasonably assist Grantee in this regard in all cases in which CDOT
is in a unique position to do so, provided that in no case will CDOT be required to expend State funds to
provide such assistance. Prior to this Project being advertised for bids, the Grantee will certify in writing
to the State that all such clearances have been obtained.
B. Access. The Grantee shall be responsible for obtaining an access permit from CDOT Region
offices. The Grantee shall be responsible for obtaining a use and occupancy permit from the State. Prior
to this Project being advertised for bids, the Grantee will certify in writing to the State that all such
clearances have been obtained.
C. Right of Way. The parties acknowledge that the Project is for the mutual benefit of the Grantee and
CDOT, and that it shall be constructed on State right of way. As a result of the Project being constructed
on State right of way, the Grantee shall be responsible for obtaining an approved Interchange Approval
consistent with CDOT Policy Directive 1601. The Grantee shall also be responsible for executing a
grant with CDOT that addresses how construction oversight shall be coordinated and carried out.
If the Project includes right of way, prior to this Project being advertised for bids, the Grantee will
certify in writing to the State that all right of way has been acquired in accordance with the applicable
State and federal regulations, or that no additional right of way is required.
Any acquisition/relocation activities must comply with all federal and state statutes, regulations, CDOT
policies and procedures, 49 CFR Part 24, the Uniform Act government-wide regulation-, the FHWA
“Project Development Guide” and CDOT’s “Right of Way Operations Manual”.
Allocation of responsibilities can be as follows:
• Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities,
if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way –
3114 charges);
• Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no
participation in incidental expenses (3114 charges); or
• No federal participation in right of way acquisition (3111 charges) and relocation activities (3109
expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The Grantee’s and the
State’s responsibilities for each option is specifically set forth in CDOT’s Right of Way Operation Manual.
The manual is located at http://www.dot.state.co.us/ROW_Manual/.
9. DISADVANTAGE BUSINESS ENTERPRISE (“DBE”) EFFORTS
The State encourages the Grantee to utilize small businesses owned by minorities, women and
disadvantaged individuals to the greatest extent possible without sacrificing adequate competition. The
CDOT – Division of Transit and Rail
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FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit B-6
Grantee is reminded of the illegality of discrimination and of the need to take all necessary and reasonable
steps to ensure non-discrimination in the area of contracting and procurement and to create a level playing
field where small minority, women, and disadvantaged businesses can compete fairly in CDOT assisted
contracts and procurements. This policy specifically upholds the Transportation Commission’s commitment
to fair and equitable business practices and is supported by CDOT’s small business development programs.
The CDOT Center for Equal Opportunity (EO) can provide lists of qualified DBE/MBE/WBE vendors as
well as other technical assistance. Inquiries can be directed to the Director of Center for Equal Opportunity
or Business Team Supervisor at 303-757-9234.
10. MAINTENANCE OBLIGATIONS This section applies if box checked
The Grantee will maintain and operate the improvements constructed under this Grant at its own cost and
expense during their useful life, in a manner reasonably satisfactory to the State. The Grantee 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 Grantee’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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CDOT – Division of Transit and Rail
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CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit C-1
EXHIBIT C – GRANTEE PAYMENT CHECKLIST
Grantee Payment Checklist 01/19/2011
This checklist is to assist the Grantee in preparation of its billing packets to CDOT. This checklist is
provided as guidance and is subject to change by CDOT. CDOT shall provide notice of any such changes
to Grantee. All items may not apply to your particular entity. CDOT’s goal is to reimburse Grantees as
quickly as possible and a well organized and complete billing packet helps to expedite payment.
Information to be included on the Invoice from the Grantee:
PO Number
WBS
Section/Program Number
Name
Address
Phone Number
Invoice Number
Billing Period
Total Amount of Grant, Previous Grant Balance, Total Eligible Expenses, Federal Share, Local
Fund, New Grant Balance and Total Amount to be Reimbursed to Grantee
Signature of Grantee Financial Representative
Copies of invoices from the Grantee Subgrantees (Tier I and some Tier IIs)
Include a copy of the specific document the Subgrantee used to invoice the Grantee. The Grantee is
responsible for ensuring that the backup matches the invoice and is eligible for reimbursement.
The CDOT grant manager will review and determine if the Grantee expenses are eligible for
reimbursement.
If the Grantee pays the Subgrantee a discounted amount, the full amount cannot be reimbursed to
the Grantee. The Grantee will only be reimbursed up to the actual amount paid to the Grantee’s
Subgrantee.
Please ensure that all payment vouchers include some notation of when it was paid or approved for
payment.
Invoice(s) should match the check amount. An additional explanation and documentation is required
for any variances.
Estimates, statements and emails are not acceptable in lieu of an invoice copy.
Copies of checks (All Tiers)
All of the following are acceptable - copies of checks, check registers, approved accounting system
generated expenditure ledgers showing the amount paid, the check number or electronic funds
transfer (“EFT”) and the date paid.
CDOT needs to ensure that expenditures incurred by the Grantee have been paid by the Grantee
before CDOT is invoiced by the Grantee.
Expenditure ledger (All Tiers)
An expenditure ledger needs to be submitted from the Grantee’s financial accounting system. The
report should display the accounting system information, date of the report, accounting period,
current period transactions, and the account coding for all incurred expenditures. Excel spreadsheets
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FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit C-2
are not approved expenditure reports. However, an additional excel spreadsheet may be required in
order to explain any variances between the expenditure and the amount eligible for reimbursement.
CFR 49 part 18 Section 18.20 Standards for Financial Management Systems, requires theGrantee to
have approved accounting systems so this should not be difficult to generate by cost center specific
to the reimbursable Project. The expenditure report is a good summary page if there is substantial
documentation.
If the Grantee has copies of the invoice(s) and check(s), you do not need the expenditure ledger
also, but the invoices must be marked as approved for payment.
Timesheets (Tier I and some Tier IIs)
Timesheets should show a breakdown of all hours and all Projects worked for the day, week, month
or time collection period. The timesheet must also be signed or approved either in ink or
electronically. If an electronic approval occurs, the supervisors’ signature will be required on the
electronic time report submitted for reimbursement.
Backup documentation for payroll expenses includes the timesheet, an hourly or salary rate and a
payroll ledger indicating total hours, wages, and benefits. If there is sensitive information such as
social security numbers or addresses, please block or delete that information prior to submitting it.
In kind match – If a Grantee wishes to use in-kind match, it must be approved by CDOT prior to any
work taking place. (All Tiers)
If an in kind match is being used for the local funds the in-kind portion of the Project must be
included in the scope of work attached to the Grant or purchase order. FTA does not require pre-
approval of inkind, but FHWA and CDOT do.
Documentation such as an invoice copy, time sheet, etc. is still required for all in-kind transactions.
The documentation varies depending on the source of the in-kind.
Expenditure ledger from the Grantee must also show the in kind match in their general ledger.
If the Grantee is using in kind match, they also need to attach a drawdown schedule indicating how
much in-kind match was received, the date they received it, how much has been applied to the
current invoice and how much has been carried forward. The carry forward balance for in-kind
expires when the Grant term expires.
Full documentation will be required on the use of in-kind match, regardless of the Tier held by the
Grantee.
Indirect costs- If a Grantee wishes to use indirect costs, the rate must be approved by CDOT prior to
applying it to the reimbursements (All Tiers)
If indirect costs are being requested, please submit an approved indirect letter provided by either CDOT or
another State of Colorado agency. The letter must state what indirect costs are allowed, the approved rate
and the time period for the approval. The indirect cost plan must be reconciled annually and an updated
letter submitted each year thereafter.
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EXHIBIT D – C-49 CFR 18 SUBPART C
This Exhibit D includes select applicable provisions as they exist or as of the Effective Date. Grantee is
responsible for compliance with all State and federal laws, rules and regulations as they currently exist
and may hereafter be amended.
Financial Administration
Sec. 18.20 Standards for financial management systems.
(a) A State must expend 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.
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit D-2
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) institution of
higher education, (2) hospital, or (3) organization named in
OMB Circular A122 as not subject to that circular.
OMB Circular A-122.
Educational institutions. OMB Circular A-21.
For-profit organization other than a hospital and an
organization named in OMB Circular A122 as not subject to
that circular.
48 CFR part 31. Contract Cost Principles and
Procedures, or uniform cost accounting
standards that comply with cost principles
acceptable to the federal agency.
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CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – orignated from approved OSC Grant template Rev 1/12/11 Exhibit E-1
EXHIBIT E – GENERAL PROCUREMENT STANDARDS
This Exhibit E includes select applicable provisions as they exist or as of the Effective Date. Grantee is
responsible for compliance with all State and federal laws, rules and regulations as they currently exist
and may hereafter be amended.
General Procurement 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; and
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 – is a relatively simple and informal procurement method 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 –are publicly solicited and a firm-fixed-prices (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:
i. Must be publicly advertised;
ii. Must give at least 14 days for bidders to respond;
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jun11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit E-2
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; and
vi. Any or all bids may be rejected if there is a sound documented reason.
c. Competitive Proposals – are 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; and
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. See also Exhibit I for
procurement of A/E professional services.
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 – In accordance
with Exhibit B, Section 9 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;
iii. Dividing total quantities to permit maximum participation;
iv. Establishing delivery schedules, where the requirement permits, which encourage
participation by S/M/W owned firms; and
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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CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – orignated from approved OSC Grant template Rev 1/12/11 Exhibit F-1
EXHIBIT F – STATE AND GRANTEE COMMITMENTS
A. Design This section applies if box checked
1. Work including preliminary design or final design (the “Construction Plans”), design work sheets,
or special provisions and estimates (collectively referred to as the “Plans”), requires that the Grantee
comply with the following requirements, as applicable:
a. perform or provide the Plans, to the extent required by the nature of the Work;
b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of
the American Association of State Highway Transportation Officials (AASHTO) manual or
other standard, such as the Uniform Building Code, as approved by CDOT;
c. prepare special provisions and estimates in accord with the State’s Roadway and Bridge Design
Manuals and Standard Specifications for Road and Bridge Construction or Grantee
specifications if approved by CDOT;
d. include details of any required detours in the Plans, in order to prevent any interference of the
construction Work and to protect the traveling public;
e. stamp the Plans produced by a Colorado Registered Professional Engineer;
f. provide final assembly of Plans and Grant documents;
g. be responsible for the Plans being accurate and complete; and
h. make no further changes in the Plans following the award of the construction contract except in
writing approved by all the Parties. The Plans shall be considered final when approved and
accepted by the Parties hereto, and when final they shall be deemed incorporated herein.
2. Grantee:
a. shall comply with the requirements of the Americans With Disabilities Act (ADA), and
applicable federal regulations and standards as contained in the document “ADA Accessibility
Requirements in CDOT Transportation Projects”;
b. (If applicable) shall afford the State ample opportunity to review the Plans and make any
changes in the Plans that are directed by the State to comply with FHWA requirements.
c. may enter into a contract with a Subgrantee to do all or any portion of the Plans and/or of
construction administration. Provided, however, that if State funds are involved in the cost of
such work to be done by a Subgrantee, that Subgrantee subgrant (and the performance/provision
of the Plans under the subgrant) must comply with all applicable requirements of 23 CFR Part
172 and with any procedures implementing those requirements as provided by the State,
including those in this Grant. If the Grantee does enter into a subgrant with a Subgrantee for the
Work:
(1) Grantee shall submit a certification that procurement of any design Subgrantee subgrant
complied with the requirements of 23 CFR 172.5(1) prior to entering into subgrant. The
State shall either approve or deny such procurement. If denied, the Grantee may not enter
into the subgrant.
(2) Grantee shall ensure that all changes in the Subgrantee subgrant have prior approval by the
State. Such changes in the subgrant shall be by written supplement grant. As soon as the
subgrant with the Subgrantee has been awarded by the Grantee, one copy of the executed
subgrant shall be submitted to the State. Any amendments to such subgrant shall also be
submitted.
(3) it shall require that all Subgrantee billings under that subgrant shall comply with the State’s
standardized billing format. Examples of the billing formats are available from the CDOT
Agreements Office.
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit F-2
(4) it (or its Subgrantee) shall use the CDOT procedures described to administer that design
Subgrantee subgrant, to comply with 23 CFR 172.5(b) and (d).
(5) it may expedite any CDOT approval of its procurement process and/or Subgrantee subgrant
by submitting a letter to CDOT from the certifying Grantee’s attorney/authorized
representative certifying compliance with 23 CFR 172.5(b) and (d).
(6) it shall ensure that its Subgrantee subgrant complies with the requirements of 49 CFR
18.36(i) and contains the following language verbatim:
(a) “The design work under this Grant shall be compatible with the requirements of the
Grant between the Grantee and the State (which is incorporated herein by this
reference) for the design/construction of the Project. The State is an intended third party
beneficiary of this subgrant for that purpose.”
(b) “Upon advertisement of the Project work for construction, the Subgrantee shall make
available services as requested by the State to assist the State in the evaluation of
construction and the resolution of construction problems that may arise during the
construction of the Project.”
(c) “The Subgrantee shall review the construction Subgrantee’s shop drawings for
conformance with the subgrant documents and compliance with the provisions of the
State’s publication, Standard Specifications for Road and Bridge Construction, in
connection with this work.”
d. The State, in its discretion, will review construction plans, special provisions and estimates and
will cause the Grantee to make changes therein that the State determines are necessary to ensure
compliance with State and federal requirements.
B. Construction This section applies if box checked
1. Work including construction requires that, the Grantee perform the construction and construction
administration in accordance with the approved Plans and CDOT oversight. Such administration
shall include Project inspection and testing; approving sources of materials; performing required
plant and shop inspections; documentation of grant payments, testing and inspection activities;
preparing and approving pay estimates; preparing, approving and securing the funding for Grant
modification orders and minor subgrant revisions; processing Subgrantee claims; construction
supervision; and meeting the Quality Control requirements of CDOT which can be found in the
FHWA and CDOT Stewardship agreement located at:
http://www.coloradodot.info/business/permits/accesspermits/references/stewardship-agreement.pdf.
2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice
thereof to the Grantee, due to the failure of the Grantee or its Subgrantee to correct Project
conditions which are unsafe for workers or for such periods as the State may deem necessary due to
unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for
any other condition or reason deemed by the State to be in the public interest.
3. Grantee:
a. shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Grantee
Project Engineer (“LAPE”), to perform that administration. The LAPE shall administer the
Project in accordance with this Grant, the requirements of the construction subgrant and
applicable State procedures.
b. if bids are to be let for the construction of the Project, it shall advertise the call for bids upon
approval by the State and award the construction subgrant(s) to the low responsible bidder(s)
upon approval by the State.
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – orignated from approved OSC Grant template Rev 1/12/11 Exhibit F-3
(1) In advertising and awarding the bid for the construction, the Grantee shall comply with
applicable requirements of 23 USC §112, 23 CFR Parts 633 and 635, and CRS §24-92-101
et seq. Those requirements include, without limitation, that the Grantee/Subgrantee shall
comply with terms and conditions as required by 23 CFR §633.102(e).
(2) The Grantee has the option to accept or reject the proposal of the apparent low bidder for
work on which competitive bids have been received. The Grantee must declare the
acceptance or rejection within 3 working days after said bids are publicly opened.
(3) By indicating its concurrence in such award, the Grantee, acting by or through its duly
authorized representatives, agrees to provide additional funds, subject to their availability
and appropriation for that purpose, if required to complete the Work under this Project if no
additional State funds will be made available for the Project. This paragraph also applies to
Projects advertised and awarded by the State.
c. If all or part of the construction Work is to be accomplished by Grantee personnel (i.e. by force
account), rather than by a competitive bidding process, the Grantee will ensure that all such
force account work is accomplished in accordance with the pertinent State specifications and
requirements with 23 CFR Part 635, Subpart B, Force Account Construction.
(1) Such Work will normally be based upon estimated quantities and firm unit prices agreed to
between the Grantee, the State and FHWA (if needed) in advance of the Work, as provided
for in 23 CFR §635.204(c). Such agreed unit prices shall constitute a commitment as to the
value of the Work to be performed.
(2) An alternative to the above is that the Grantee may agree to participate in the Work based
on actual costs of labor, equipment rental, materials supplies and supervision necessary to
complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated
for compliance with 48 CFR Part 31.
(3) Rental rates for publicly owned equipment will be determined in accordance with the
State’s Standard Specifications for Road and Bridge Construction §109.04.
(4) All force account work shall have prior approval of the State and/or FHWA (if needed) and
shall not be initiated until the State has issued a written notice to proceed.
C. State’s Obligations
1. The State will perform a final Project inspection prior to Project acceptance as a “Quality
Control/Assurance” activity. When all Work has been satisfactorily completed, the State will sign
the CDOT Form 1212 (for FHWA), if applicable.
2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be
liable or responsible in any manner for the structural design, details or construction of any major
structures that are designed by or are the responsibility of the Grantee within the Work of this Grant.
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CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit G-1
EXHIBIT G – OPTION LETTER
NOTE: This option is limited to the specific scenarios listed below AND cannot be used in place of exercising a
formal amendment.
SAP PO# Origianl CMS Option Letter No. CMS #
Contractor / Grantee : _________________________________________________
A. SUBJECT: (Choose applicable options listed below AND in section B and delete the rest)
1. Option to renew (for an additional term); this renewal cannot be used to make any change to the
original scope of work; and
2. Option to initiate next phase to include Design, Construction, Environmental, Utilities, ROW ONLY
(does not apply to Acquisition/Relocation or Railroads);
B. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
(Insert the following language for use with Option #1): In accordance with Paragraph(s) __________ of grant
routing number (insert FY, Agency code, & CLIN routing #), between the State of Colorado, Department of
Transportation, and (insert Grantees 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 grant, AND/OR an increase in the amount of goods/services at the same rate(s) as specified in
Paragraph ______________________ of the original grant.
(Insert the following language for use with Option #2): In accordance with the terms of the original grant
(insert FY, Agency code & CLIN routing #) between the State of Colorado, Department of Transportation and
(insert Grantee’s name here), the State hereby exercises the option to initiate the phase in (indicate Fiscal Year
here) 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 Grant remain the same
(indicate total dollars here) as referenced in Paragraph/Section/Provision/Exhibit ________________of the
original grant.
(The following language must be included on all options): The amount of the current Fiscal Year grant value
is (increased/decreased) by ($ amount of change) to a new Grant value of ($_____________) to satisfy
services/goods ordered under the grant for the current fiscal year (indicate Fiscal Year). The first sentence in
Paragraph/Section/Provision ____________ is hereby modified accordingly. The total grant value to include all
previous amendments, option letters, etc. is ($______________). The effective date of this Option Letter is upon
approval of the State Controller or delegate, whichever is later.
State of Colorado:
John W. Hickenlooper, Governor
By: _____________________________________________ Date: __________________
Executive Director, Colorado Department of Transportation
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State grants. This Option Letter 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.
B. STATE CONTROLLER
David J. McDermott, CPA
By:___________________________________________
Controller-Colorado Department of Transportation
Date:_____________________
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit H-1
EXHIBIT H – SECURITY AGREEMENT
This Security Agreement is made by and between the State of Colorado for the use and benefit of THE
COLORADO DEPARTMENT OF TRANSPORTATION, DIVISION OF TRANSIT AND RAIL,
(“State”) and _________________________, (“Grantee”).
A. Purpose. This Security Agreement is made for the purpose of securing the State interest in transit
vehicles or other project equipment (“Project Equipment”) purchased with State grant funds awarded to
the Grantee pursuant to the Grant Agreement between the State and Grantee dated this _____day of
________________, 20____ and identified as contract # __________________(“Grant”).
The security interest granted to the State herein is to ensure that the State may access, protect and, if
necessary, dispose of the federal interest in each item of Project Equipment and to ensure the proper use
of the Project Equipment. The Grantee shall have no right in the State interest in such Project Equipment.
B. Project Equipment. Not later than three days after the purchase and acceptance of Project Equipment,
the Grantee shall complete and return to the State a “Certificate of Procurement and Acceptance” form,
which then becomes Addendum I to this Security Agreement. In the case of vehicle procurement, this
certificate must indicate the year, make, model, VIN, and any other information needed to register the
vehicle.
C. Security Interest. In consideration of the value provided to the Grantee under the Grant, the Grantee
hereby gives and grants to the State a security interest in the Project Equipment described in Addendum I
and /or described below as follows:
MAKE/MODEL/VIN or description of equipment: ____________________________________.
This security interest shall apply to the Project Equipment acquired pursuant to the Grant whether
purchased before or after the date this Security Agreement is executed. The Grantee hereby authorizes the
State to describe in the space above the Project Equipment subject to this Security Agreement.
D. Lien. The State may place a lien on the title of each Project Equipment vehicle based upon this
Security Agreement. The State shall retain physical possession of the titles of such Project Equipment
vehicles and the Grantee agrees that the State shall be considered “in possession” of such vehicles for the
purpose of any document required by State law to repossess such vehicles if necessary.
E. Disposition of Equipment. In addition to the security interest granted herein, the Grantee agrees to and
acknowledges the right of the State to remove all Project Equipment from the Grantee’s premises and to
take possession of any of the Project Equipment, if the Grantee fails to satisfactorily perform the Project
services as detailed in the Grant, or if the State determines for any other reason, including but not limited
to termination of the Grant, that the disposition of the State interest in such Project Equipment is in the
best interest of the State. The Grantee agrees that it will in no way oppose the State’s exercise of such
right and that it will assist the State to obtain possession and to remove such vehicles.
F. Assignment. The Grantee agrees not to assert against any assignee of the State any defenses or claims
the Grantee may have against the State.
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit H-2
Grantee hereby executes this Security Agreement as of the date below:
ATTEST: ______________________ FOR THE GRANTEE By:_____________________
Print Name:__________________________
Date: __________________________ Title: ______________________________
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit I-1
EXHIBIT I - STATE or FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL
SUBGRANTEE SERVICES
The Grantee shall use these procedures to implement State or Federal-aid project agreements with
professional Subgrantee services including, but not limited to engineering, design, or architectural
services.
23 CFR Part172 applies to a federally funded Grantee project agreement administered by CDOT that
involves professionalSubgrantee services. 23 CFR §172.1 states “The policies and procedures involve
federally funded grants for engineering and design related services for projects subject to the provisions
of 23 USC §112(a) and are issued to ensure that a qualified Subgrantee is obtained through an equitable
selection process, that prescribed work is properly accomplished in a timely manner, and at fair and
reasonable cost” and according to 23 CFR §172.5 “Price shall not be used as a factor in the analysis and
selection phase.” Therefore, local agencies must comply with these CFR requirements when obtaining
professional Subgrantee services under a federally funded Subgrantee subgrant administered by CDOT.
CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations
guidebook titled "Obtaining Professional Subgrantee Services". This directive and guidebook incorporate
requirements from both Federal and State regulations, i.e., 23 CFR Part172 and Colorado Revised Statute
CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from
CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written
procedures on file for each method of procurement that addresses the items in 23 CFR Part 172].
Because the procedures and laws described in the Procedural Directive and the guidebook are quite
lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures that a Grantee must follow
in obtaining professional Subgrantee services. This guidance follows the format of 23 CFR Part 172. The
steps are:
1. The contracting Grantee shall document the need for obtaining professional services.
2. Prior to solicitation for Subgrantee services, the contracting Grantee shall develop a detailed
scope of work and a list of evaluation factors and their relative importance. The evaluation factors
are those identified in CRS §24-30-1403. Also, a detailed cost estimate should be prepared for
use during negotiations.
3. The contracting agency must advertise for grants in conformity with the requirements of CRS
§24-30-1405. The public notice period, when such notice is required, is a minimum of 15 days
prior to the selection of the three most qualified firms and the advertising should be done in one
or more daily newspapers of general circulation.
4. The request for Subgrantee services should include the scope of work, the evaluation factors and
their relative importance, the method of payment, and the goal of ten percent (10%) for
Disadvantaged Business Enterprise (DBE) participation as a minimum for the project.
5. The analysis and selection of the Subgrantee should be done in accordance with CRS §24-30-
1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT
pre-qualified prime Subgrantee and their team. It also shows which criteria are used to short-list
and to make a final selection.
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit I-2
The short-list is based on the following evaluation factors:
a. Qualifications,
b. Approach to the project,
c. Ability to furnish professional services.
d. Anticipated design concepts, and
e. Alternative methods of approach for furnishing the professional services.
Evaluation factors for final selection are the Subgrantee's:
a. Abilities of their personnel,
b. Past performance,
c. Willingness to meet the time and budget requirement,
d. Location,
e. Current and projected work load,
f. Volume of previously awarded contracts, and
g. Involvement of minority Subgrantees.
6. Once a Subgrantee is selected, the Grantee enters into negotiations with the Subgrantee to obtain
a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for grants
expected to be greater than $50,000. Federal reimbursement for costs are limited to those costs
allowable under the cost principles of 48 CFR Part 31. Fixed fees (profit) are determined with
consideration given to size, complexity, duration, and degree of risk involved in the work. Profit
is in the range of six (6) to fifteen (15) percent of the total direct and indirect costs.
7. A qualified Grantee employee shall be responsible and in charge of the project to ensure that the
work being pursued is complete, accurate, and consistent with the terms, conditions, and
specifications of the Grant. At the end of project, the Grantee prepares a performance evaluation
(a CDOT form is available) on the Subgrantee.
8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR
§18.42, which provide for records to be kept at least three (3) years from the date that the Grantee
submits its final expenditure report. Records of projects under litigation shall be kept at least three
(3) years after the case has been settled.
The CRS §§24-30-1401 through 1408, 23 CFR Part 172, and P.D. 400.1, provide additional details for
complying with the eight (8) steps just discussed.
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CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit J-1
EXHIBIT J – GRANTEE CONTRACT ADMINISTRATION CHECKLIST
The following checklist has been developed to ensure that all required aspects of a project approved for
federal funding have been addressed and a responsible party assigned for each task.
After a project has been approved for federal funding in the Statewide Transportation Improvement
Program, CDOT Project Manager, Grantee Project Manager, and CDOT Resident Engineer prepare the
checklist. It becomes a part of the contractual Grant. CDOT will not process a Grant without this
completed checklist. It will be reviewed at the “Final Office Review” meeting to ensure that all parties
remain in agreement as to who is responsible for performing individual tasks.
COLORADO DEPARTMENT OF TRANSPORTATION
GRANTEE CONTRACT ADMINISTRATION CHECKLIST
Project No.
STIP No.
Project Code
Region
Project Location
Date
Project Description
Grantee
City of Fort Collins
Grantee Project Manager
CDOT Resident Engineer
CDOT Project Manager
INSTRUCTIONS:
This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to
this Grant. The checklist becomes an attachment to the Grant. Section numbers correspond to the applicable
chapters of the CDOT Local Agency Manual.
The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The “X”
denotes the party responsible for initiating and executing the task. Only one responsible party should be selected.
When neither CDOT nor the Grantee is responsible for a task, not applicable (NA) shall be noted. In addition, a “#”
will denote that CDOT must concur or approve.
Tasks that will be performed by headquarters staff will be indicated. The regions, in accordance with established
policies and procedures, will determine who will perform all other tasks that are the responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with
the Grantee Project Manager, and submitted to the CDOT Program Engineer. If contract administration
responsibilities change, the CDOT Resident Engineer, in cooperation with the Grantee Project Manager, will
prepare and distribute a revised checklist.
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit J-2
NO.
DESCRIPTION OF TASK
RESPONSIBLE
PARTY
Grantee CDOT
TIP / STIP AND LONG-RANGE PLANS
2.1 Review Project to ensure it is consist with STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4.1 Authorize funding by phases (CDOT Form 418 –State or Federal-aid Program Data.
Requires FHWA concurrence/involvement)
X
PROJECT DEVELOPMENT
5.1 Prepare Design Data - CDOT Form 463
5.2 Prepare Grantee/CDOT Inter-Governmental Agreement (see also Chapter 3) X
5.3 Conduct Consultant Selection/Execute Consultant Agreement
5.4 Conduct Design Scoping Review Meeting
5.5 Conduct Public Involvement
5.6 Conduct Field Inspection Review (FIR)
5.7 Conduct Environmental Processes (may require FHWA concurrence/involvement)
5.8 Acquire Right-of-Way (may require FHWA concurrence/involvement)
5.9 Obtain Utility and Railroad Agreements
5.10 Conduct Final Office Review (FOR)
5.11 Justify Force Account Work by the Grantee
5.12 Justify Proprietary, Sole Source, or Grantee Furnished Items
5.13 Document Design Exceptions - CDOT Form 464
5.14 Prepare Plans, Specifications and Construction Cost Estimates
5.15 Ensure Authorization of Funds for Construction X
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6.1
Set Underutilized Disadvantaged Business Enterprise (UBDE) Goals for Consultant and
Construction Contracts (CDOT Region EEO/Civil Rights Specialist)
6.2 Determine Applicability of Davis-Bacon Act
This project is is not exempt from Davis-Bacon requirements as determined by the
functional classification of the project location (Projects located on local roads and rural
minor collectors may be exempt.)
CDOT Resident Engineer (Signature on File) Date
X
6.3 Set On-the-Job Training Goals. Goal is zero if total construction is less than $1 million
(CDOT Region EEO/Civil Rights Specialist)
X
6.4 Title VI Assurances
Ensure the correct Federal Wage Decision, all required Disadvantaged Business
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in
the Contract (CDOT Resident Engineer)
X
ADVERTISE, BID AND AWARD
7.1 Obtain Approval for Advertisement Period of Less Than Three Weeks
7.2 Advertise for Bids
7.3 Distribute “Advertisement Set” of Plans and Specifications
7.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under
Advertisement
7.5 Open Bids
7.6 Process Bids for Compliance
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit J-3
NO.
DESCRIPTION OF TASK
RESPONSIBLE
PARTY
Grantee CDOT
Check CDOT Form 715 - Certificate of Proposed Underutilized DBE Participation when the
low bidder meets UDBE goals
X
Evaluate CDOT Form 718 - Underutilized DBE Good Faith Effort Documentation and
determine if the Contractor has made a good faith effort when the low bidder does not meet
DBE goals
X
Submit required documentation for CDOT award concurrence
7.7 Concurrence from CDOT to Award X
7.8 Approve Rejection of Low Bidder X
7.9 Award Contract
7.10 Provide “Award” and “Record” Sets of Plans and Specifications
CONSTRUCTION MANAGEMENT
8.1 Issue Notice to Proceed to the Contractor
8.2 Project Safety X
8.3 Conduct Conferences:
Pre-Construction Conference (Appendix B)
Pre-survey
• Construction staking
• Monumentation
Partnering (Optional)
Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual)
Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual)
HMA Pre-Paving (Agenda is in CDOT Construction Manual)
8.4 Develop and distribute Public Notice of Planned Construction to media and local residents
8.5 Supervise Construction
A Professional Engineer (PE) registered in Colorado, who will be “in responsible charge of
construction supervision.”
Grantee Professional Engineer or Phone number
CDOT Resident Engineer
Provide competent, experienced staff who will ensure the Contract work is constructed in
accordance with the plans and specifications
Construction inspection and documentation
8.6 Approve Shop Drawings
8.7 Perform Traffic Control Inspections
8.8 Perform Construction Surveying
8.9 Monument Right-of-Way
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit J-4
8.10 Prepare and Approve Interim and Final Contractor Pay Estimates
Provide the name and phone number of the person authorized for this task.
Grantee Representative Phone number
8.11 Prepare and Approve Interim and Final Utility and Railroad Billings
8.12 Prepare Grantee Reimbursement Requests X
8.13 Prepare and Authorize Change Orders
8.14 Approve All Change Orders X
8.15 Monitor Project Financial Status
8.16 Prepare and Submit Monthly Progress Reports
8.17 Resolve Contractor Claims and Disputes
8.18 Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible for this task.
CDOT Resident Engineer Phone number
X
MATERIALS
9.1 Conduct Materials Pre-Construction Meeting
9.2 Complete CDOT Form 250 - Materials Documentation Record
• Generate form, which includes determining the minimum number of required tests and
applicable material submittals for all materials placed on the project
• Update the form as work progresses
• Complete and distribute form after work is completed
9.3 Perform Project Acceptance Samples and Tests
9.4 Perform Laboratory Verification Tests
9.5 Accept Manufactured Products
Inspection of structural components:
• Fabrication of structural steel and pre-stressed concrete structural components
• Bridge modular expansion devices (0” to 6” or greater)
• Fabrication of bearing devices
9.6 Approve Sources of Materials
9.7 Independent Assurance Testing (IAT), Grantee Procedures CDOT Procedures
• Generate IAT schedule
• Schedule and provide notification
• Conduct IAT
9.8 Approve mix designs
• Concrete
• Hot mix asphalt
9.9 Check Final Materials Documentation
9.10 Complete and Distribute Final Materials Documentation
CDOT – Division of Transit and Rail
SAP PO # 291001033
CMS # 12-HTR-31824
FASTERGrant.01.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Exhibit J-5
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements
10.2 Process CDOT Form 205 - Sublet Permit Application
Review and sign completed CDOT Form 205 for each subcontractor, and submit to
EEO/Civil Rights Specialist
10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee
Interviews. Complete CDOT Form 280
10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the
“Commercially Useful Function” Requirements
10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees. Complete CDOT Form 200
- OJT Training Questionnaire
10.6 Check Certified Payrolls (Contact the Region EEO/Civil Rights Specialists for training
requirements.)
10.7 Submit FHWA Form 1391 - Highway Construction Contractor’s Annual EEO Report
FINALS
11.1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final
Acceptance Report (Resident Engineer with mandatory Grantee participation.)
X
11.2 Write Final Project Acceptance Letter
11.3 Advertise for Final Settlement
11.4 Prepare and Distribute Final As-Constructed Plans
11.5 Prepare EEO Certification
11.6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit
Final Certifications
11.7 Check Material Documentation and Accept Final Material Certification (See Chapter 9)
11.8 Obtain CDOT Form 17 from the Contractor and Submit to the Resident Engineer
11.9 Obtain FHWA Form 47 - Statement of Materials and Labor Used … from the Contractor
11.10 Complete and Submit CDOT Form 1212 – Final Acceptance Report (by CDOT) X
11.11 Process Final Payment
11.12 Complete and Submit CDOT Form 950 - Project Closure
11.13 Retain Project Records for Six Years from Date of Project Closure
11.14 Retain Final Version of Grantee Contract Administration Checklist
cc: CDOT Resident Engineer
CDOT Project Manager
CDOT Region Program Engineer
CDOT Region EEO/Civil Rights Specialist
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Grantee Project Manager
ATTACHMENT 3
RESOLUTION 2011-096
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN
THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION
FOR THE PURCHASE OF ONE BUS RAPID TRANSIT BUS
WHEREAS, the MAX BRT project is a five mile long, primarily fixed guideway, located
approximately one block to the west of College Avenue which includes numerous park-n-ride lots,
BRT stations, curbside stops and transit centers on each end; and
WHEREAS, the MAX BRT system contemplates the acquisition by the City of six exclusive
BRT buses to be used to provide rolling stock bus services to the MAX BRT system; and
WHEREAS, the Colorado Department of Transportation (CDOT) has awarded FASTER
(Funding Advancements for Service Transportation and Economic Recovery) funding to purchase
one of the six BRT buses needed for MAX operations; and
WHEREAS, the funding to be made available by CDOT under the FASTER grant is in the
amount of $500,000 with City local matching funds to be provided in the amount of $350,000 for
a total capital project cost of $850,000; and
WHEREAS, the Transportation Board has given its favorable recommendation to the City
Council of the MAX BRT project together with the acquisition of the BRT buses; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the intergovernmental agreement between the City and CDOT for the purchase of one bus rapid
transit bus be executed by the Mayor.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute a contract between the City and CDOT
for the purpose of the City’s obtaining of a grant of FASTER funds for the purchase one of the six
MAX BRT buses needed for operation of the MAX BRT system which grant is in the amount of
$500,000 with City matching funds in the amount of $350,000, upon appropriation thereof.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st
day of November, A.D. 2011.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 146, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSIT SERVICES FUND FOR
TRANSFER TO THE CAPITAL PROJECTS FUND AND APPROPRIATING
UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND, MASON CORRIDOR
PROJECT FOR THE PURCHASE OF ONE RAPID TRANSIT BUS
WHEREAS, the MAX transit system project (“MAX”) is a five-mile, north-south byway
extending from Cherry Street to just south of Harmony Road; and
WHEREAS, MAX includes seven park-n-ride lots, eight stations with pedestrian and bicycle
access, eight curb-side stops, and two transit centers; and
WHEREAS, six new buses will be acquired and added to the existing City bus fleet to
provide the MAX service; and
WHEREAS, the City Council has adopted Resolution 2011-096 authorizing the City to enter
into an intergovernmental agreement with the Colorado Department of Transportation (“CDOT”)
for the purchase of one of the Max buses; and
WHEREAS, CDOT’s FASTER (Funding Advancements for Surface Transportation and
Economic Recovery) funding will provide $500,000, and the local match in the amount of $350,000
will be provided from prior year reserves in the Transit Services Fund; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to appropriate
by ordinance at any time during the fiscal year such funds for expenditure as my be available from
reserves accumulated in prior years, notwithstanding that such reserves were not previously
appropriated; 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; and
WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer
by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one
fund to another fund, provided that the purpose for which the transferred funds are to be expended
remains unchanged.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That there is hereby appropriated for expenditure from prior year reserves in
the Transit Services Fund the amount of THREE HUNDRED FIFTY THOUSAND DOLLARS
($350,000) to be transferred to the Capital Projects Fund, Mason Corridor Project and appropriated
therein for the purchase of one rapid transit bus.
Section 2. That there is hereby appropriated from unanticipated revenue from CDOT
grant funds in the Capital Projects Fund the sum of FIVE HUNDRED THOUSAND DOLLARS
($500,000) for expenditure in the Capital Projects Fund, Mason Corridor Project for the purchase
of one rapid transit bus.
Introduced, considered favorably on first reading, and ordered published this 1st day of
November, A.D. 2011, and to be presented for final passage on the 15th day of November, A.D.
2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 15th day of November, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk