HomeMy WebLinkAbout2008-090-10/07/2008-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND i
RESOLUTION 2008-090
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND
THE COLORADO DEPARTMENT OF TRANSPORTATION FOR
FUNDING OF PHASE 1 IMPROVEMENTS OF THE
MASON CORRIDOR/MAX BUS RAPID TRANSIT PROJECT
WHEREAS,the Mason Corridor/MAX Rapid Transit Project(the"Project")is a five-mile,
north-south byway within the City which extends from Cherry Street to south of Harmony Road and
is centered along the Burlington Northern Santa Fe Railway property; and
WHEREAS,the Colorado Department of Transportation("CDOT")has presented to the City
for execution, a proposed funding agreement for Phase 1 of the Project, (the "Agreement") a copy
of which agreement is attached hereto as Exhibit"A"and incorporated herein by this reference;and
WHEREAS,Phase I of the Project will connect the Downtown Transit Center to the campus
of Colorado State University and will bring high frequency bus rapid transit service to the City's
downtown core area; and
WHEREAS, the proposed Agreement would provide funds in the amount of$4,560,000 to
implement Phase 1 of the Project, including final design and engineering, construction, and
acquisition of vehicles (rolling stock) for the new bus rapid transit service; and
WHEREAS,the design and engineering work for Phase 1 would include all elements of the
service,including passenger stations,pedestrian access improvements,traffic signalization,signage
and wayfinding, and converting Mason and Howes streets to two-way operation; and
WHEREAS, City Council has determined that it is in the best interest of the City that the
Agreement be entered into and that, pursuant to the Agreement, the City provide a local matching
fund in the amount of$1,140,000.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute an intergovernmental agreement between
the City and the Colorado Department of Transportation to obtain funding in the amount of FOUR
MILLION FIVE HUNDRED SIXTY THOUSAND DOLLARS ($1,560,000) for Phase 1 of the
Mason Corridor/MAX Bus Rapid Transit Project with the City providing local matching funds in
the amount of ONE MILLION ONE HUNDRED FORTY THOUSAND DOLLARS($1,140,000).
I
Passed and adopted at a regular meeting of the C c' of the City of Fort C ins this 7th
day October, A.D. 2008.
i
iii
Mayo
ATTEST:
Chief Deputy City Clerk
EXHIBIT "A"
CO MSRouti ngMo:09-H7'D-00004
SAP N:291000527
THUS GRANT AGREEMENT made this___day of 20, by and between the
State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter
referred to as the State and the City of Fort Collins,Colorado, CDOT Vendor#: 2000023, hereinafter
referred to as the"Contractor"or the"Local Agency."
RECITALS
A- WHEREAS,authority exists in the Law and Funds have been budgeted,appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment in
G/L Account 4518000010, Company Code 1000, CO Area 1000,WBS Element 16665.15.03,
Fund 400, Functional Area 1510, Funds Center DT510-010, for a total available funds of
$5,700,000. The maximum amount payable by the Department shall not exceed$4,560,000,which
is 80%of the total available funds. The local match will be$1,140,000 which is 20 %of the total
available funds.
B_ Required approval, clearance and coordination have been accomplished from and with appropriate
agencies.
C. Pursuant to 434-206(Vll)(2)(a)(1) CRS, the State has received approval and funding for
implementation of Strategic Transit Project Funds from the Colorado Legislature and/or its Joint
Budget Committee.
D. By Resolution Number TC-1401, the Transportation Commission of Colorado established a Task
Force to recommend to the Commission a process for project selection and prioritization.
E. The State has solicited and reviewed project Applications in accordance with such program criteria and
determined which agencies or entities' projects would be most appropriate for funding.
R The Local Agency has submitted a funding Application to cant' out a strategic transit project,
hereinafter referred to as the Project.
G. TheTask rorce recommended to the Commission a list of strategic transit projects for approval and by
Resolution Number TC-1455,the Commission approved the list.
H. The State has funds available and will provide 80% of the funding and the Local Agency will
provide the 20%local match for the work.
I. The Local Agency shall comply with all state and other applicable requirements, including the
State's general administration of the project through this Agreement,in order to obtain state funds
for the project.
J. The Local Agency shall perform the Work described in the Scope of Work and Conditions attached
hereto as Exhibit A.
Page 1
COFRSRou ti ngNo:09-HTD-00004
SAP ID:291000527
K. The Local Agency has estimated the total cost of the work and is prepared to accept the state
funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and
adopted by the authorized representatives of the Local Agency,which confirms availability of local
match,and expressly authorizes the Local Agency to enter into this Agreement and to complete the
work under the project. A copy of this ordinance or resolution is attached hereto and incorporated
herein as Exhibit B.
L. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete
all of the Work.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work and Conditions
The Project or the Work under this Agreement shall consist of Phase 1-Mason Corridor
hnprovementsBRT Vehicle Acquisition, in Fort Collins, Colorado, as more specifically described in
Exhibit A.
The Local Agency has estimated the total cost the work to be $5,700,000, which is to be funded as
follows:
State funds: $4,560,000
Local Funds: $1,140,000
Other Funds (if applicable): $_ -
Total Funds: $ 5,700,000
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this Agreement and its exhibits, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in Section 30 of this Agreement
2.This Agreement
3. Exhibit A (Scope of Work)
4. Exhibit G (Project Application)
Section 3. Term
This Agreement shall be effective upon approval of the State Controller or designee, or on the date
made, whichever is later. For construction related projects,the term of this Agreement shall continue
through the completion and final acceptance of the Project by the State and the Local Agency. For all
other projects,the initial term will expire on June 30,2010,with the option to extend this time period as
outhned in Section 27 of this Agreement.
Page 2
COFRSRoutingNo:09-HTD-00004
SAP ID:291000527
Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost of the work (as outlined in Section 1 of this
Agreement) and is prepared to accept the state funding for the work, as evidenced by an
appropriate ordinance or resolution duly passed and adopted by the authorized representatives of
the Local Agency, which confirms availability of local match, and expressly authorizes the
Local Agency to enter into this Agreement and to complete the Project. A copy of this
ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
B. The maximum amount payable by the State to the Local Agency under this Agreement shall be
$4,560,000. It is understood and agreed by the parties hereto that the total cost of the work
stated herembefore is the best estimate available. If the actual total project costs are less than
the estimated total project costs,including as a result of the Local Agency's failure to supply the
entire estimated Local share, the states share shall be reduced proportionately. The term
"proportionately"means the ratio of actual expenditures to total planned expenditures for both
State and Local Agency shares.In this Agreement,the ratio shall be based on 80016 State to 200/0
Local Match, with the State share not to exceed the amount in Section 1. The Local Agency
may increase the Local share without further State approval,but this increase shall not increase
the State share.
C. The parties hereto agree that this Agreement is contingent upon all fiords designated for the
project herein being made available from state sources,as applicable. Should these sources fail
to provide necessary funds as agreed upon herein,the Agreement may be terminated by either
party,provided that any parry terminating its interest and obligations herein shall not be relieved
of any obligations which existed prior to the effective date of such termination or which ntay
occur as a result of such termination.
Section S. Project Payment Provisions
A. The State will reimburse the Local Agency for incurred costs relative to the project following
the States review and approval of such charges, subject to the terms and conditions of this
Agreement. Provided,however,that charges incurred by the Local Agency prior to the date this
Agreement is executed by the State Controller will not be charged by the Local Agency to the
project, and will not be reimbursed by the State.
B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of
performance of the Work, not exceeding the maximum total amount described in Section 4-
The applicable principles described in 49 C.F.R. 18 Subpart C (Exhibit C) shall govern the
allowability and allocability of costs under this Agreement. The Local Agency shall comply
with all such principles. To be eligible for reimbursement,costs by the Local Agency shall be:
1. in accordance with the provisions of Section 5 and with the terns and conditions of this
Agreement;
2. necessary for the accomplishment of the Work;
3. reasonable in the amount for the goods and services provided;
4. actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or
other items of value received by the Local Agency that have the effect of reducing the
cost actually incurred);
5. incurred for Work performed after the effective date of this Agreement;
6. satisfactorily documented.
Page 3
COFRSRou ti ngNo:09-HTD-00004
SAP ID:291000527
Examples of ineligible costs include:
1. Staff or administrative overhead costs of the Local Agency,unless specifically allowed
for in the Scope of Work;
2. Fines and penalties;
3. Entertainment expenses-
C. The Local Agency shall establish and maintain a proper accounting system in accordance with
generally accepted accounting standards and principles(a separate set of accounts, or as a
separate and integral part of its current accounting scheme) to assure that project funds are
expended and costs accounted for in a manner consistent with this Agreement and project
objectives.
L All allowable costs charged to the project,including any approved services contributed
by the Local Agency or others, shall be supported by properly executed payrolls, time
records,invoices,agreements or vouchers evidencing in detail the nature of the charges.
2. Any check or order drawn up by the Local Agency,including any item which is or will
be chargeable against the project account shall be drawn up only in accordance with a
properly signed voucher then on file in the office of the Local Agency,which will detail
the purpose for which said check or order is drawn. All checks, payrolls, invoices,
agreements,vouchers,orders or other accounting documents shall be clearly identified,
readily accessible,and to the extent feasible,kept separate and apart from all other such
documents.
D. The Local Agency will prepare and submit to the State,no more than monthly,charges for costs
incurred relative to the project. The Local Agency's invoices shall include a description of the
amounts of services performed, the dates of performance and the amounts and description of
reimbursable expenses. The invoices will be prepared in accordance with the States standard
policies,procedures and standardized billing format to be supplied by the State.
E. To be eligible for payment,billings must be received within 60 days after the period for which
payment is being requested and final billings on this Agreement must be received by the State
within 60 days after the end of the Agreement term.
1. Payments pursuant to this Agreement shall be made as earned,in whole or in part,from
available funds,encumbered for the purchase of the described services. The liability of
the State, at any time, for such payments shall be limited to the amount remaining of
such encumbered funds.
2. In the event this Agreement is terminated, final payment to the Local Agency may be
withheld at the discretion of the State until completion of final audit.
3. Incorrect payments to the Local Agency due to omission,error,fraud or defalcation shall
be recovered from the Local Agency by deduction from subsequent payment under this
Agreement or other agreements between the State and Local Agency,or by the State as a
debt due to the State.
4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall
be reimbursed by the Local Agency,or offset against current obligations due by the State
to the Local Agency, at the State's election.
Page 4
COWSRouti ngNo:09-HTD-00004
SAP ID:291000527
Section 6. State Interest [Not applicable to studies]
The Local Agency understands and agrees that the State retains a State interest in any real property,
or equipment financed with State assistance(Project property)until, and to the extent that the State
relinquishes its State interest in that Project property, as described in Exhibit A. All State interests in
real property or equipment shall survive termination, expiration or cancellation of this Agreement.
With respect to any Project property financed with State assistance under this Grant Agreement, the
Local Agency agrees to comply with the following:
A. Use of Project Property. The Local Agency agrees to use Project property for appropriate
Project purposes for the duration of the useful fife of that property,as required by the State and
set forth in the scope. Should the Local Agency unreasonably delay or fail to use Project
property during the useful life of that property,the Local Agency agrees that it may be required
to return the entire amount of the State assistance expended on that property. The Local Agency
further agrees to notify the State immediately when any Project property is withdrawn from
Project use or when any Project property is used in a manner substantially different from the
representations the Local Agency has made in its Application or in the Project Description for
the Grant Agreement.
B. Maintenance. The Local Agency agrees to maintain Project property in good operating order to
the State's satisfaction.
C. Records. The Local Agency agrees to keep satisfactory records pertaining to the use of Project
property, and submit to the State upon request such information as may be required to assure
compliance with this Section-
D. Encumbrance of Project Property. The Local Agency agrees to maintain satisfactory continuing
control of Project property as follows:
1. Written Transactions. The Local Agency agrees that it will not execute any transfer of
title,lease, lien,pledge, mortgage,encumbrance,third party agreement,subagreenrent,
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.
1 Oral Transactions. The Local Agency agrees that it will not obligate itself in any manner
to any third party with respect to Project property.
3. Other Actions. The Local Agency agrees that it will not take any action adversely
affecting the State interest in or impair the Local Agency's continuing control of the use
of Project property.
Page 5
i
COFRSRou ti ngNo:09-HTD-00004
SAP ID:291000527
E. Transfer of Project Property. The Local Agency understands and agrees as follows:
1. Local Agency Request. The Local Agency may transfer any Project property financed
with State assistance to another public body or private nonprofit entity to be used for the
same purpose set forth herein with no further obligation to the State Government,
provided the transfer is approved by the State in writing.
2. State Government Direction. The Local Agency agrees that the State may direct the
disposition of,and even require the Local Agency to transfer,title to any Project property
financed with State assistance under this Grant Agreement if it is found that the Project is
not being used for the intended purpose as stated in the Scope of Work.
3. Leasing Project Property to Another Party. If the Local Agency leases any Project
property to another party, the Local Agency agrees to retain ownership of the leased
Project property, and assure that the lessee will use the Project property appropriately,
either through a written lease between the Local Agency and lessee, or another similar
document, consistent with the project purpose set forth herein. Upon request by the
State,the Local Agency agrees to provide a copy of any relevant documents.
F. Disposition of Project Property. The Local Agency agrees that the State may establish the useful
life of Project property, and that it will use Project property continuously and appropriately
throughout the useful life of that property.
1. Project Property Prematurely Withdrawn from Use. For Project property withdrawn from
appropriate use before its useful life has expired,the Local Agency agrees as follows:
a) Notification Requirement. The Local Agency agrees to notify the State
immediately when any Project property is prematurely withdrawn from
appropriate use, whether by planned withdrawal,misuse, or casualty loss.
b) Calculating the Fair Market Value of Prematurely Withdrawn Project Property,
The Local Agency agrees that the State retains a State interest in the fair market
value of Project property prematurely withdrawn from appropriate use. The
amount of the State interest in the Project property shall be deterimned by the
ratio of the State assistance awarded for the property to the actual cost of the
property. The Local Agency agrees that the fair market value of Project property
prematurely withdrawn from use will be calculated as follows:
(1) Equipment.rpment. The Local Agency agrees that the fair market value of Project
equipment and supplies shall be calculated by straight-line depreciation of
that property, based on the useful life of the equipment as established 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 fan'
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.
Page 6
i
COFRSRoutingNo:09-I M-ON04
SAP ID:291000527
(2) Real Property. The Local Agency agrees that the fair market value of real
property shall be determined either by competent appraisal based on an
appropriate date approved by the State, or by straight line depreciation,
whichever is greater-
(3) Exceptional Circumstances. The Local Agency agrees that the State may
require the use of another method to determine the fair market value of
Project property. In unusual circumstances,the Local Agency may request
that another reasonable valuation method be used including,but not limited
to,accelerated depreciation,comparable sales,or established market values.
In determining whether to approve such a request,the State may consider
any action taken,omission made,or unfortunate occurrence suffered by the
Local Agency with respect to the preservation of Project property
withdrawn from appropriate use.
c) Financial Obligations to the State. The Local Agency agrees to remit to the State
the State interest in the fair market value of any Project property prematurely
withdrawn from appropriate use. In the case of fire,casualty,or natural disaster,
the Local Agency may fulfill its obligations to remit the State interest by either:
(1) Investing an amount equal to the remaining State interest in like-kind
property that is eligible for assistance within the scope of the Project that
provided State assistance for the Project property prematurely withdrawn
from use;or
(2) Returning to the State an amount equal to the remaining State interest in the
withdrawn Project property.
G. The State shall protect its interest in the equipment being obtained with Project funds. The State
and the Local Agency shall enter into the Security Agreement set forth in Exhibit H (if
applicable)upon delivery and acceptance of the Project equipment. The Local Agency agrees to
provide titles of the Project equipment to the State and to return all Project equipment purchased
with Project funds as directed by the State in Exhibit H(if applicable)if the Project equipment
is not used for the purposes set forth herein.
H. Insurance Proceeds. If the Local Agency receives insurance proceeds as a result of damage or
destruction to the Project property, the Local Agency agrees to:
1. Apply those insurance proceeds to the cost of replacing the damaged or destroyed
Project property taken out of service, or
2. Return to the State an amount equal to the remaining State interest 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 Local Agency's knowledge and consent,the Local Agency agrees to
restore the Project property to its original condition or refund the value of the State interest in
that property,as the State may require.
Page 7
i
COMRoutingNo:09-HTD-00004
SAP ID:291000527
J. Responsibilities After Project Closeout. The Local Agency agrees that Project closeout by the
State will not change the Local Agency's Project property management responsibilities as stated
in this Section of the Grant Agreement.
Section 7. Insurance [If applicable]
At a minimum,the Local Agency agrees to comply with the insurance requirements normally imposed
by State and local laws.
A. The Local Agency shall obtain, and maintain at all times during the term of this Agreement
and for the term of State Interest,insurance in the following kinds and amounts:
1. Workers'Compensation Insurance as required by state statute and Employer's Liability
Insurance covering all of Local Agency's and subcontractor's employees acting within
the course and scope of their employment.
2. Commercial General Liability Insurance written on ISO occurrence form CG 00 01
10193 or equivalent,covering premises operations,fire damage,independent contractors,
products and completed operations,blanket contractual liability,personal injury, and
advertising Liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
c. $1,000,000 products and completed operations aggregate; and
d. $50,000 any one fire.
If any aggregate limit is reduced below$1,000,000 because of claims made or
paid,the Local Agency shall immediately obtain additional insurance to restore
the full aggregate limit and furnish to the State a certificate or other document
satisfactory to the State showing compliance with this provision.
3. Automobile Liability Insurance covering any auto (including owned, lured and non-
owned autos) with a minimum limit as follows: $1,000,000 each accident combined
single limit.
B. The State of Colorado shall be named as additional insured on the Commercial General
Liability and Automobile Liability Insurance policies (leases and construction contracts will
require the additional insured coverage for completed operations on endorsements CG 2010
11/85,CG 2037, or equivalent). Coverage required of the Agreement will be primary over
any insurance or self-insurance program carried by the State of Colorado.
C. The Insurance shall include provisions preventing cancellation or non-renewal without at least
45 days prior notice to the State by certified mail.
Page 9
i
COFRS Rou ti ngNo:09-14TD-00004
SAP tD.291000527
D. The Local Agency will require all insurance policies in any way related to the Agreement and
secured and maintained by the Local Agency to include clauses stating that each carrier will
waive all rights of recovery,under subrogation or otherwise,against the State of Colorado,its
agencies, institutions,organizations,officers,agents,employees and volunteers.
E. All policies evidencing the insurance coverages required hereunder shall be issued by insurance
companies satisfactory to the State.
F. The Local Agency shall provide certificates showing insurance coverage required by this
Agreement to the State within 7 business days of the effective date of the Agreement,but in no
event later than the commencement of the services or delivery of the goods under the
Agreement. No later than 15 days prior to the expiration date of any such coverage, the Local
Agency shall deliver the State certificates of insurance evidencing renewals thereof.At any time
during the term of this Agreement,the State may request in writing,and the Local Agency shall
thereupon within t0 days supply to the State,evidence satisfactory to the State of compliance
with the provisions of this section.
G. Notwithstanding subsection A of this section,if the Local Agency is a"public entity"within the
meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as amended
("Act'),the Local Agency shall at all times during the term of this Agreement maintain only
such liability insurance, by commercial policy or self-insurance, as is necessary to meet its
liabilities under the Act. Upon request by the State,the Local Agency shall show proof of such
insurance satisfactory to the State.
Section 8. Utilities, Access,Right of Way
If necessary,the Local Agency will be responsible for obtaining the proper clearance or approval from
any utility company,Local,State,or Federal Government Agency,or other entity which may become
involved in this Project. Prior to this Project being advertised for bids, the Responsible Party will
certify in writing to the State that all such clearances have been obtained.
Section 9. Subcontracting Obligations
The Local Agency agrees that any subcontract entered into under this Agreement shall meet all
applicable state and federal requirements prior to execution. The Local Agency shall not assign this
Agreement without prior written approval to the State;any assignment without such approval shall be
void.
Section 10. Procurement Standards
The Local Agency agrees to carry out its procurements consistent with the general procurement
standards of the State.The Local Agency agrees to follow the general procurement standards set forth in
Exhibit D.
Page 9
i
COFRSRouttngNw 09-HTD-00004
SAP ID: 291000527
Section 11. Conformance with Law
The Local Agency and its agent(s)will adhere to all applicable state and federal laws,Executive Orders
and implementing regulations as they currently exist and may hereafter be amended-Further,the Local
Agency agrees to comply with the intent and requirements of the National Environmental Policy Act
(NEPA)regardless of whether or not there is federal funding involved,as is consistent with CDOT's
Environmental Stewardship Guide-
if any federal funds are used in financing the project,then the Local Agency is responsible to ensure
compliance with applicable federal rules and regulations, including but not limited to, Uniform
Administrative Requirements for Grants (49 CFR Part 18)and the National Environmental Policy Act.
Section 12. Non Discrimination
The Local Agency agrees to comply with and ensure any subcontractors comply with,the requirements
of:
A- The American with Disabilities Act,Title 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.
Section 13. Disadvantaged Business Enterprise Efforts
The Local Agency acknowledges that it is in the best interest of the people of Colorado to promote
and encourage the utilization of minority and women-awned business enterprises. The Local
Agency agrees to encourage the retention of qualified minority and women-owned businesses in
carrying out the Project. The Local Agency agrees to utilize the resources of CDOT's Center for
Equal Opportmuty, including its local agency manual at:
hito://www.dot.state.co.us/DesigiiSupport/1 ocal%2OAgencyco2OManoaU2006`7c2OLocal%20Agene
y%20Manual/2006%2()Loca1%2CAgency%2OManual.htin . In addition,the Local Agency shall not
discriminate on the basis of race,color, national origin,or sex in the award and performance of this
Project.
If the Local Agency is also receiving federal funds for use with the Project,all funds will be subject to
federal DBE, requirements per 49 CFR 26.3, and the Local Agency will be responsible for ensuring
compliance with the DBE requirements of that federal agency.
Section 14. Maintenance Obligations [Not applicable to studies)
The Local Agency will maintain and operate the improvements constructed under this Agreement at its
own cost and expense during their useful life,in a manner satisfactory to the State. The Local Agency
will make proper provisions for such maintenance obligations each year. Such maintenance and
operations shall be conducted in accordance with all applicable statutes, ordinances and regulations
which define the Local Agency's obligations to maintain such improvements. The State may make
periodic inspections of the project to verify that such improvements are being adequately maintained.
Page 10.
i
COFRSRoutin gN o:09-IIT D-00004
SAP ED:291000527
Section 15. Record Keeping,Performance Monitoring and Audits.
The Local Agency shall maintain a complete file of all records,documents,communications,and other
written materials, which pertain to the costs incurred under this Agreement. The Local Agency shall
maintain such records for a period of three(3)years after the date of termination of this Agreement or
final payment hereunder, whichever is later,or for such further period as may be necessary to resolve
any matters which may be pending. The Local Agency shall make such materials available for
inspection at all reasonable times and shall permit duly authorized agents and employees of the State to
inspect the project and to inspect,review and audit the project records. The Local Agency shall also
permit these same described entities to monitor all activities conducted by the Local Agency pursuant to
the terms of this Agreement- As the monitoring agency may in its sole discretion deem necessary or
appropriate, such monitoring may consist of internal evaluation procedures,examination of program
data,special analyses,on-site check,or any other reasonable procedure. Further,the Local Agency shall
submit periodic and final reports to the State according to the reporting requirements outlined in the
Scope of Work.
Section 16. Termination Provisions
This Agreement may be terminated as follows:
A. Termination for Convenience. The State may terminate this Agreement at any time the State
determines that the purposes of the distribution of moneys under the Agreement would no
longer be served by completion of the project. The State shall effect such termination by giving
written notice of termination to the Local Agency and specifying the effective date thereof, at
least twenty(20)days before the effective date of such termination.
B. Termination for Cause. If,through any cause, the Local Agency shall fail to fulfill,in a timely
and proper manner,its obligations under this Agreement, or if the Local Agency shall violate
any of the covenants, agreements, or stipulations of this Agreement, the State shall thereupon
have the right to terminate this Agreement for cause by giving written notice to the Local
Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or
show cause why termination is otherwise not appropriate. hi the event of termination, all
finished or unfinished documents,data,studies,surveys,drawings,maps,models,photographs
and reports or other material prepared by the Local Agency under this Agreement shall, at the
option of the State,become its property,and the Local Agency shall be entitled to receive just
and equitable compensation for any materials delivered and accepted. The Local Agency shall
be obligated to return any payments advanced under the provisions of this Agreement.
Notwithstanding the above,the Local Agency shall not be relieved of liability to the State for
any damages sustained by the State by virtue of any breach of the Agreement by the Local
Agency,and the State may withhold payment to the Local Agency for the purposes of mitigating
its damages until such time as the exact amount of damages due to the State from the Local
Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in
default or that the Local Agency's action/inaction was excusable, such termination shall be
treated as a termination for convenience,and the tights and obligations of the parties shall be the
same as if the Agreement had been terminated for convenience, as described herein.
Page I I
i
FRSR utin o:09-CO o gN FITD-00004
SAP ID 291000527
C. Termination Due to Loss of Fund. The parties hereto expressly recognize that the Local
Agency is to be paid, reimbursed, or otherwise compensated with State funds which are
available to the State for the purposes of contracting for the Project provided for herein, and
therefore, the Local Agency expressly understands and agrees that all its rights, demands and
claims to compensation arising under this Agreement are contingent upon availability of such
funds to the State. In the event that such funds or any part thereof are not available to the State,
the State may immediately terminate or amend this Agreement.
Section 17. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it
has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that
authority,and to lawfully authorize its undersigned signatory to execute this Agreement and to bind the
Local Agency to its terms. The person(s)executing this Agreement on behalf of the Local Agency
warrants that such persou(s)has full authorization to execute this Agreement,as further represented by
the resolution/ordinance executed by the governing body of the Local Agency.
Section 18. Representatives and Notice
For the purposes of this Agreement, the representative for each party is as designated in the Scope of
Work.Any notice required orpermitted may be delivered in person or sent byregistered or certified mail,
return receipt requested,to the party at the address provided,and if sent by mail it is effective when posted
in a U.S.Mail Depository with sufficient postage attached thereto.Notice of change of address or change
or representative shall be treated as any other notice.
Section 19. Successors
Except as herein otherwise provided, this Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assigns.
Section 20. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement and all rights of action relating to such enforcement, shall be strictly reserved to the State
and the Local Agency. Nothing contained in this Agreement shall give or allow any claim or right of
action whatsoever by any other third person. It is the express intention of the State and the Local
Agency that any such person or entity, other than the State or the Local Agency receiving services or
benefits under this Agreement shall be deemed an incidental beneficiary only.
Section 21. Governmental Immunity
Notwithstanding any other provision of this Agreement to the contrary, no tern or condition of this
Agreement shall be construed or interpreted as a waiver,express or implied,of any of the immunities,
rights,benefits,protection,or other provisions of the Colorado Governmental Immunity Act,§24-10-
101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for
claims for injuries to persons or property arising out of negligence of the State of Colorado, its
Page 12
i
COFRSRouti ngNo:09-HTD-00004
SAP ID:291000527
departments, institutions, agencies, boards, officials and employees is controlled and limited by the
provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management
statutes, §§24-30-1501,et seq.,C.R.S.,as now or hereafter amended.
Section 22. Severability
To the extent that this Agreement may be executed and performance of the obligations of the parties
may be accomplished within the intent of the Agreement,the terms of this Agreement are severable,and
should any term or provision hereof be declared invalid or become inoperative for any reason, such
invalidity or failure shall not affect the validity of any other terns or provision hereof.
Section 23. Waiver
The waiver of any breach of a term,provision,or requirement of this Agreement shall not be construed
or deemed as a waiver of any subsequent breach of such tens,provision,or requirement,or of any other
term,provision or requirement.
Section 24. Entire Understanding
This Agreement is intended as the complete integration of all understandings between the parties. No
prior or contemporaneous addition,deletion,or other amendment hereto shall have any force or affect
whatsoever,unless embodied herein by writing. No subsequent novation,renewal,addition,deletion,or
other amendment hereto shall have any force or effect wiless embodied in a writing executed and
approved pursuant to the State Fiscal Rules.
Section 25. Survival of Agreement Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and
conditions of this Agreement and the exhibits and attachments hereto which may require continued
performance, compliance or effect beyond the termination date of the Agreement shall survive such
termination date and shall be enforceable by the State as provided herein in the event of such failure to
perform or comply by the Local Agency.
Section 26. Modification and Amendment
This Agreement is subject to such modifications as may be required by changes in State law or
implementing regulations. Any such required modification shall automatically be incorporated into and
be part of this Agreement on the effective date of such change as if fully set forth herein. Except as
provided above,no modification of this Agreement shall be effective unless agreed to in writing by both
parties.
Page 13
i
COFRSRoutingNo:09-HTD-00004
SAP ID:291000527
Section 27. Option Letters
Option Letters may be used to extend Agreement term,increase or decrease amount of goods/services,
and increase or decrease total contract value.
A. For use when extending services: The State may require continued performance for services
at the rates and terms specified in the Agreement. The State may exercise the option by
written notice to the Local Agency within 30 days prior to the end of the current Agreement
term in a form substantially equivalent to Exhibit E. If the State exercises this option, the
extended Agreement will be considered to include this option provision. The total duration
of this Agreement, including the exercise of any options under this clause,shall not exceed 5
years.
B. For use when increasing quantities:The State may increase the quantity of goods/services
described in paragraph/schedule/exhibit at the unit prices established in the Agreement. The
State may exercise the option by written notice to the Local Agency within 30 days before
the option begins in a form substantially equivalent to Exhibit E. Delivery/performance of
the goods/service shall continue at the same rate and under the same terms as established in
the Agreement.
C. For use when increasing or decreasing the total Agreement price:The state may unilaterally
increase/decrease the maximum amount payable under this Agreement based upon the unit
prices established in the Agreement and the schedule of services required, as set by the State.
The State may exercise the option by providing a fully executed option to the Local Agency,
in a form substantially equivalent to Exhibit E,immediately upon signature of the State
Controller or his delegate. Performance of the service shall continue at the same rate and
under the same terms as established in the Agreement.
Section 28.Change Order Letters
Bilateral changes within the general scope of the Agreement,as defined in Exhibit A,may be executed
using the change order letter process described in this paragraph and a form substantially equivalent to
the sample change order letter attached as Exhibit F for any of the following reasons.
A. Where the agreed changes to the specifications result in an adjustment to the price,delivery
schedule, or time of performance-
B. Where the agreed changes result in no adjustment to the price,delivery schedule,or time of
performance. The change order shall contain a mutual release of claims for adjustment of
price,schedules,or time of performance.
C_ Where the changes to the Agreement are priced based on the unit prices to be paid for the
goods and/or services established in the Agreement.
D. Where the changes to the Agreement are priced equal to or less than established catalog
generally extended to the public or on prices or rates set by law or regulation.
Other bilateral modifications not within the terms of this paragraph must be executed by formal
amendment to the Agreement,approved in accordance with state law.
Page 14
i
COFRSRoutingNo:09-HTD-00004
SAP ID:291000527
Section 29. Disputes
Except as otherwise provided in this Agreement,any dispute concerning a question of fact arising under
this Agreement which is not disposed of by agreement will be decided by the Executive Director or
authorized designee of the Department of Transportation. The decision will be final and conclusive
unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local
Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of
the Department of Transportation. to connection with any appeal proceeding under this clause, the
Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.
Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of the Agreement in accordance with the decision. The decision of the Executive Director
or designee for the determination of such appeals will be final and conclusive and serve as final agency
action. This dispute clause does not preclude consideration of questions of law in connection with
decisions provided for herein. Nothing in this Agreement,however,shall be construed as making final
the decision of any administrative official, representative,or board on a question of law. Further,the
Parties agree to follow this dispute resolution procedure prior to filing any action on a dispute in any
court of law,and the Parties deem any applicable statute of limitation or repose to be tolled until sixty
(60)days after final agency action by the Executive Director.
Page 15
I
COFRSRc utingNo:09-HTD-00004
SAP ID:291000527
Section 30. SPECIAL PROVISIONS FOR TIIE STATE OF COLORADO
The Special Provisions apply to all conlracis except where noted in rfaNea.
1. CONTROLLER'S APPROVAL.CBS§24.30.202(1).This contract shall not he deemed valid until it has been approved bythe
Colorado Slate Controller or designee.
2. FUND AVAILABILITY.CBS§24-30.202(5.5).Financial obligations of the Stale payable alter the current fiscal year are contingent
upon funds forthat purpose being appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION.Contractor 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 casts,incurred as a result of any
act or omission by Contractor,or its employees,agents,subcontractors,or assignees pmsuarg to the terms of this contract.
(Applicable Only to Intergovernmental Contracts]No term or condition of this contract shall be construed or interpreted as a waiver,
express a implied,of any of the Immunities,rights,benefits,protection,or other provisions,of the Colorado Governmental Immunity
Act,CBS§24-10-101 at seq.,or the Federal Tort Claims Act,28 U.S.C.2671 of seq.,as applicable,as now or hereafter amended.
4. INDEPENDENT CONTRACTOR.4 CCR 801-2.Contractor shall perform its duties hereunder as an independent contractor and not
as an employee.Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee
of the state. Coniraclor shall pay when due all required employment taxes and income taxes and local head taxes on any monies
paid by the stale pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to
unemployment insurance benefits unless contractor or a third parry provides such coverage and that the state does not pay(or or
otherwise provide such coverage.Contractor shall have no authorization,express or implied,to bind the state to any agreement,
liability or understanding.except as expressly set forth herein.Contractor shall provide and keep in force workers'compensation(and
provide proof of such insurance when requested by the stele)and unemployment compensation insurance in the amounts required
by taw and shah be solely responsible for its acts and those of its employees and agents.
5. NON-DISCRIMINATION.Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW.The laws of the State of Colorado,and rules and regulations issued pursuant thereto,shall be applied in the
interpretation,execution,and enforcement of this contract Any provision of this contract,whether or not incorporated herein by
reference,which provides for arbitration by any extra-judicial body or person or which is othenvise in conflict with said laws,rules,and
regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to
negatents or any other special provision In whole or in part shall 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 will not invalidate the
remainder of this contract,to the extent that this contract is capable of execution. At all times during the performance of this contract.
Contractor shall strictly adhere to all applicable federal and Stale laws,rules,and regulations that have been or may hereafter be
established.
7. VENDOR OFFSET.CBS§§24-30-202(1)and 24-30-202.4.(Not Applicable to Intergovernmental Agreements]The State Controller
may withhold payment of certain debts owed to State agencies under the State's vendor offset intercept system for:(a)unpaid child
support debts or child support arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in CAS§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 certified by the State Controller as owing to the State as a
result of final agency determination or judicial action.
8. SOFTWARE PIRACY PROHIBITION_ Governor's Executive Order D 002 00.No State or other public funds payable under this
contract shall be used for the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions.Contractor herebycertifies that,for the form of this contract and any extensions,Contractor has in
place appropriate systems and controls to prevent such improper use of public funds. It the Slate determines that Contractor is in
violation of this paragraph,the State may exercise any remedy available at law or equity or under this contract,Including,without
limitation,immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensng
restrictions.
9. EMPLOYEE FINANCIAL INTEREST.CBS§24-18-201 and§24-50-507.The signatories aver that to their knowledge,no employee of
the Stale has any personal or beneficial interest whatsoever in the service or property described in this contract.
Page 16
i
COFRSRoutingNo:09-HTD-00004
SAP ID:291000527
10.PUBLIC CONTRACTS FOR SERVICES.CRS§8-17.5-101.[Not Applicable to agreements relating to the offer,issuance,or sale of
securities,investment advisory services or fund management services,sponsored Projects,intergovernmental agreememis, or
information technology services or products and services]Contractor certifies,warrants,and agrees that it does not knowingly employ
or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees
who are newly hired for employment in the United States to perform work under this contract,through participation In the E-Verity
Program or the Department program established pursuant to CRS§8-17.5-102(5)(c),Contractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor(hat fails la certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract.
Contractor(a)shall not use E-Verity Program or Department program procedures to undertake pre-employment screening of job
applicants while this contract is being performed.(b)shall notify the subcontractor and the contracting State agency within three days
it Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract,
(c)shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of
receiving the notice,and(d)shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to
CRS§8-17.5-102(5),by the Colorado Department of Labor and Employment- If Contractor participates in the Department program,
Contractor shall deliver to the contracting Slate agency,institution of higher education or political subdvision a written,notarized
affirmation,affirming that Contractor has examined the legal work status of such employee,and comply with all of the other
requirements of the Department program.If Contractor fails to comply with any requirement of this provision or CRS§8-17.5-101 of
seq.,the cur4ractlrlg State agency,Institution of higher education or political subdivision may terminate this contract for breach and,if
so terminated,Contractor shall be liable for damages.
11.PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS§24.76.5-101.Contractor,if a natural person eighteen(18)years of age or
older,hereby swears and affirms under penalty of perjury that he or she(a)is a citizen or otherwise lawfully present in the United
States pursuant to federal law,(b)shall comply with the provisions of CRS§24-76.5-101 at seq.,and(c)has produced one form of
identification required by CRS§24-76.5-103 prior to the effective date of this contract.
Revised May 13,2008
Page 17
i
COFRSRoutingNo:09-HTD-00004
SAY IA:291000527
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
"Persons signing for Contractor hereby swear and aRrin that they are authorized to act on Conlrnctor's behalf and
acknowledge that the State is relying on their representations to that effect
CONTRACTOR: STATE OF COLORADO:
BILL RITTER, JR. GOVERNOR
By:
Legal Name of Contracting Entity Executive Director
Department of Transportation
Date:
Signature of Authorized Officer
(Print) Name & Title of Authorized Officer LEGAL REVIEW:
Attorney General, John W. Suthers
Date:
By
Date:
CORPORATIONS_
(A corporate attestation is required.)
Attest (Seal) By___
(Corporate Secretary or Equivalent,or Town/City/County Clerk) (Place corporate seal here,it available)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not
valid until the State Controller,or such assistant as he may delegate,has Signed it. The contractor
is not authorized to begin performance until the contract is signed and dated below. If
performance begins prior to the date below,the State of Colorado may not be obligated to pay for
the goods and/or services provided.
STATE CONTROLLER
David J. McDermott,CPA
By _
Date
Revised:April 1,2008
Page 18
i
COFRSRou&gNo:09-HTB-00004
SAP ID:291000527
Exhibit A
EXHIBIT A
SCOPE OF WORK AND CONDITIONS
Page 19
i
COFRSRoutingNo:09-HTD-00004
SAP ID:291000527
Exhibit A
EXHIBIT A
SCOPE OF WORK AND CONDITIONS
Recipient Organization Information:
City of Fort Collins—Transportation Planning Department
250 North Mason Street,
Fort Collins, Colorado 80522-0580
Project Contact Information:
Kathleen Bracke, Interim Transportation Planning Director
250 N. Mason Street,Fort Collins, CO 80522-0580
Phone: (970) 224-6140
Email: kbracke@fcgov.com
Fax: (970)221-6239
CDOT Contact Information:
Tom Mauser
Modal Programs Manager,Division of Transportation Development
4201 E.Arkansas Avenue
Denver,CO 80222
Ph: (303)757-9768 Fax: (303)757-9727
Email:Tom.Mauscr@dot.state.co.us
Project Overview:
The overall Mason Corridor project is a five mule,north-south byway within the City which
extends from Cherry Street on the north to south of Harmony Road. The Corridor is centered
along the Burlington Northern Santa Fe Railway property,located a few hundred feet west of
College Avenue(US287).
The portion of the Mason Corridor project that is the subject of this Senate Bill-1 (SBA)funding
contract is Phase I of the Mason Corridor Bus Rapid Transit(BRT)service,now known as
"Mason Express"or"MAX" that will connect the Downtown Transit Center to Colorado State
University at Laurel Street.
The City will use the SB-1 funds to implement Phase I of the"MAX"BRT service, including
final design/engineering, construction, and vehicle acquisition for new Bus Rapid Transit(BRT)
service. The design/engineering work will include all elements of the MAX service,including
the passenger stations,pedestrian access improvements (enhanced crosswalks at the intersections
which access the stops&sidewalk/Tamp connections to the station platforms where necessary),
traffic signalization related to the BRT operations, signage/wayfinding,and converting Mason&
Page 20
I
COFRSRoutmgNo:09-IITD-00004
SAP ID:291000527
Exhibit A
Howes streets to two-way operation.The MAX BRT vehicles will be 60' articulated transit
vehicles,designed with low-floor boarding,real-time vehicle location devices, and will operate
using alternative fuel.
This new service will bring high frequency BRT service to the City's downtown core area. The
BRT vehicles will operate six days per week (Monday through Saturday), with 10 minute
frequency, for approximately 14 hours per day. Other components of this first phase of the
Mason Corridor include the conversion of Mason and Howes streets from the existing one-way
couplet operation to two-way traffic operations, purchase of four BRT vehicles, and construction
of ten passenger stations/stops:
• Laurel Street(2 curbside stops—one northbound&one southbound)
• Mulberry Street(2 curbside stops—one northbound &one southbound)
• Olive Street(2 curbside stops—one northbound &one southbound)
• Mountain Avenue(2 curbside stops—one northbound &one southbound)
• Downtown Transit Center station improvements to serve BRT vehicles
• CSU Transit Center station improvements to serve BRT vehicles
Project Budget and Funding:
Project Costs—MAX Phase I (Downtown to CSU)
Final Design: $ 500,000
BRT Vehicle Acquisition: $2,000,000
Construction:
Conversion of Mason/Howes Streets: $ 700,000
BRT Stops/Station Improvements: $2,560,000
TOTAL: $5,760,000
Fun�iTiq Source Amount Percentaqel
SB 97-1 State $4'5 I• , 80%
Dollars
Local Match M
City's Capital P 00= 20%
Improvement t.i
Program and
contribution from
Downtown
t
Development
Authorit
All funding required for this project are secured from the City, Downtown Development
Authority,plus the S13-1 program. This project does not rely on the FTA Small Starts funding
for completion.
Local match is available immediately from the City's Capital Improvement Program fund,with
support from the Downtown Development Authority-
Page 21
COPRSRoutingNo:09-HTD-00004
SAP ID: 291000527
Exhibit A
The MAX Phase I BRT service will be operated and managed using local and federal transit
funds as well as fare revenue and advertising fees.
It is the intent of the City to obtain other funding for the remaining sections/phases of the Mason
Corridor project. The completion of the entire project will help enhance the statewide
transportation infrastructure by allowing easier access to other statewide transportation systems.
Project Timeline:
Final design is expected to take approximately 12 months,including the competitive bid process
for a qualified consultant. Construction will take 9-12 months, including the competitive bid
process for a qualified construction firm.
While the Mason Corridor-Phase I is a component of the entire Mason Corridor,it also has the
ability to be implemented independently before the remaining corridor is complete.
The Mason Corridor-Phase I will be complete approximately 24-28 months after initiation. The
anticipated schedule is to have the Mason Corridor-Phase I project completed and operational by
the end of 2010.
The final product will be a new,fully operational Bus Rapid Transit route from the Downtown
Transit Center to Colorado State University. The project will be considered complete when
construction,including final punch-list, is completed to the City's and CDOT's satisfaction and
the service is operational.
Specific Project Elements:
The City's Transportation Planning department will be the lead agency to carry out the project.
The Transportation Planning unit will work closely with staff from the Engineering and Traffic
Operations staff of Transfort, the City's transit service operator, to complete the project. In
addition,designtengineering services will be sought from external consulting firms/team-
Construction of the Phase 1 MAX service improvements will be provided by external
contractor(s).
Vehicle Procurement Process:
The procurement process is being managed by the City consistent with Federal Transit
Administration (FTA)regulations and those purchasing requirements of the City that exceed
federal requirements.Bus specifications have already been identified and will be applied in this
RFP process.
The City will not purchase or issue a purchase order before the Agreement with the State has been
executed_ The City wilt be responsible for having the vehicle inspected and accepted from the
vendor within a reasonable amount of time and shall obtain pertinent certifications from vendors in
its procurement actions.
I
Page 22
i
COFRSRoutingNo:09-HYD-00004
SAP ID: 291000527
Exhibit A
Service(Useful)Life of Project Components:
The State will consider the Federal Transit Administration(FTA)Grant Management Guidelines
in establishing the useful service life of these capital improvements.
Rolling Stock-Service life of rolling stock begins on the date the vehicle is placed in service and
continues until it is removed from service.The normal(useful)service lives for the City's
coaches,classified as large,heavy-duty transit buses,is 12 years of service or an accumulation of
500,000 mules.The State will maintain an interest in the purchased vehicles for the entire service
life of the coaches.
Passenger Stations/Access Improvements-.While FTA Grant Management Guidelines
establish a useful life for passenger stations/stop facilities up to 70 years,for the purpose of this
agreement, the state has chosen to select a useful service life of ten(10) years. Likewise,the
(useful)service life for the City's pedestrian access improvements will be ten (10)years from the
date of construction.
Insurance:
The Colorado Department of Transportation shall be listed as additional insured on the vehicles
for the duration of the Service Life. Insured amounts are listed in Section 7 of the Agreement.
Project Measurement:
Passenger counts are tracked on a monthly basis,giving Transfort a baseline for comparing
ridership before and after construction. Ridership trends will measure the project's success. The
City will also evaluate the Transit-Oriented Development interest and built projects along the
corridor over time.
The City expects that transit usage along the Mason/College Corridor to increase by 50%after
two years of operation of the Max Phase I service.
The City will submit an annual report to the State indicating the total ridership along the corridor,
particularly in relation to the baseline, as well as the baseline number of vehicle hours.
Page 23
i
COFRSRoutingNo:09-HTD-00004
SAP ID:291000527
Exhibit B
EXHIBIT B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
Page 24
COERSRoufingNo:09-HTD-00004
SAP ID:291000527
Exhibit C
EXHIBIT C
49 C.F.R. 18 SUBPART C
Page 25
i
COFRSRoutingNo:09-HTD-00004
SAP ID: 291000527
Exhibit C
49 CFR 18 Subpart C -- Post-Award Requirements
Financial Administration
Sec. 18.20 Standards for financial management systems.
(a)A State must expand and account for grant funds in accordance with State laws and procedures for
expending and accounting for its own funds. Fiscal control and accounting procedures of the State, as
well as its subgrantees and cost-type contractors, must be sufficient to-
(1)Permit preparation of reports required by this part and the statutes authorizing the grant,
and
(2) Permit One 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:
(I)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 infomnation must be related to performance or
productivity data,including the development of unit cost information whenever appropriate or
specifically required in the grant or subgrant agreement. If unit cost data are required,
estimates based on available documentation will be accepted whenever possible.
(5)Allowable cost. Applicable OMB cost principles,agency program regulations, and the
terms of grant and subgrant agreements will be followed in determining the reasonableness,
allowability, and allocability of costs-
(6)Source documentation. Accounting records must be supported by such source
documentation as cancelled checks, paid bills, payrolls, time and attendance records, contract
and subgrant award documents,etc.
(7)Cash management- [NOT APPLICABLE]
(c)[NOT APPLICABLE]
(d) [NOT APPLICABLE]
Exhibit C
Page 26
i
COMSRoutingl4o:09-HTD-00004
SAP ID:291000527
See. 18.21 Payment. [NOT APPLICABLE]
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 fists 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 [2 CFR 2251.
Private nonprofit organization other than an (1) OMB Circular A-122 [2 CFR 2301.
institution of higher education, (2) hospital, or(3)
organization named in OMB Circular A122 as not
subject to that circular.
Educational institutions. OMB Circular A-21 [2 CFR 220].
For-profit organization other than a hospital and an 48 CFR Part 31. Contract Cost Principles
organization named in OMB Circular A122 as not and Procedures,or uniform cost accounting
subject to that circular. standards that comply with cost principles
acceptable to the Federal agency.
(c) [NOT APPLICABLE]
(d) [NOT APPLICABLE]
(e) [NOT APPLICABLE]
Page 27
r -
COFRSRouringNo:09-I ITD-00004
SAP ID:291000527
Exhibit D
EXHIBIT D
GENERAL PROCUREMENT STANDARDS
Page 28
i
COFRSRoutingNo:09-HTD-00004
SAP 1D:291000527
Exhibit D
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
e. Other
7. Maintain protest procedures to handle and resolve disputes relating to procurements.
8. All procurement transactions shall be conducted in a manner providing full and open
competition.
9. Maintain written selection procedures for procurement transactions
10. Ensure that all pre-qualified list of persons,firms,or products which are used in acquiring
goods and services are current and include enough qualified sources to ensure maximum open
and free competition.
11. Method of procurements to be followed:
a. Small Purchase—are those relatively simple and informal procurement methods for
securing services, supplies,or other property that do not cost more than$150,000.00. If
small purchase procedures are used, price or rate quotation shall be obtained from at lease
three sources. Quotations will be in writing if for goods in excess of$10,000 and if for
services in excess of$25,000.00.
Page 29
i
COWSRouti ngNo:09-HTD-00004
SAP ID:291000527
Exhibit D
b. Formal Sealed Bids—Bids are publicly solicited and a firm-fixed-price contract(lump
sum or unit price) is awarded to the responsible bidder whose bid,conforming with all the
material terms and conditions of the invitation for bids,is the lowest in price. This
method is preferred for procuring construction. If this method is used the following
requirements apply:
i. Must be publicly advertised
ii. Must give at least 14 days for bidders to respond
iii. Must include any specifications and pertinent attachments to all bidders to respond
properly
iv. All bids will be publicly opened at the time and place prescribed in the invitation
for bid
v. A firm fixed-price contract award will be made in writing to the lowest responsive
and responsible bidder.
vi. Any or all bids may be rejected if there is a sound documented reason
c. Competitive Proposals—is generally used when conditions are not appropriate for the use
of sealed bids. If this method is used the following requirements apply:
i. Request for proposals will be publicized
ii. Identify all evaluation factors and their relative importance
Hi. Proposals will be solicited from an adequate number of qualified sources
iv. Have a method for conducting technical evaluation of the proposals received and
for selecting awardees
v. Awards will be made to the responsible firm whose proposal is most advantageous
to the program, with price and other factors considered
vi_ May be,used for qualifications-based procurement of architecturaVengineering
professional services whereby competitors' qualifications are evaluated and the
most qualified competitor is selected. Note—the method, where price is not used as
a selection factor,can only be used in procurement of A/E professional services. It
cannot be used to purchase other types of services through A/E firms.
d. Noncompetitive Proposals- may be used only when the award of a contract is infeasible
under the other three methods and the following circumstances applies:
i. The item is available only from a single source;
ii. The public exigency or emergency for the requirement will not permit a delay
resulting from competitive solicitation
iii. The awarding agency authorizes noncompetitive proposals;or
iv. After solicitation of a number of sources, competition is determined inadequate.
Page 30
i
COFRSRoutingNo:09-HTD-00004
SAP ID:291000527
Exhibit D
12. Small, Minority and Women owned business enterprise and labor surplus area firms -
Take affirmative steps to assure that minority and women business enterprises,and labor
surplus area firms are used when possible.
i. Placing qualified firms on solicitation lists;
ii. Assuring that firms are solicited whenever they are potential sources;
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.
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$100,000.00
Page 31
i
COFRSRoubngNo:09-HTD-00004
SAP ID:291000527
EXHIBIT E
SAMPLE OPTION LETTER
Page 32
i
COFRSRoutingNo:09-HTD-00004
SAP ID:291000527
OPTION LETTER Exhibit E
Date: State Fiscal Year: Option Letter No.
SUBJECT: (Please indicate purpose by choosing one of the following)
1 - Option to renew only (for an additional term)
2 - Change in the amount of goods within current term
3 - Change in amount of goods in conjunction with renewal for additional term
4 - Level of service change within current term
5- Level of service change in conjunction with renewal for additional term
In accordance with Paragraph(s) of contract routing number (FY) (Agencyl
(Routino J, between the State of Colorado, Department of/or Higher Ed Institution (aaencv
name) (division name), and (contractor's name) the State hereby exercises the option for an
additional term of(include performance period here) at a cost/price specified in
Paragraph/Section/Provision , AND/OR an increase/decrease in the amount of goods/services at
the same rate(s) as specified in Paragraph/Schedule/Exhibit
The amount of the current Fiscal Year contract value is increased/decreased by ($ amount of chance)
to a new contract value of ($ ) to satisfy services/goods ordered under the contract for
the current fiscal year(indicate Fiscal Year). The first sentence in Paragraph/Section/Provision
is hereby modified accordingly.
The total contract value to include all previous amendments, option letter(s), etc. is
APPROVALS:
State of Colorado:
Bill Ritter, Jr., Governor
By: Date:
Executive Director/College President]
Colorado Department of/or Higher Ed Institution
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 424-30-2D2 requires the State Controller to approve all State Contracts.This Contract is not valid until signed and dated
below by the State Controller or delegate.Contractor is not authorized to begin performance until such time.If Contractor
begins performing prior thereto,the State of Colorado is not obligated to pay Contractor for such performance or for any
goods and/or services provided hereunder.
State Controller
David J. McDermott,CPA
By: _
Date: Effective: April 1, 2008
Page 33
i
COFRSRoutingNo:09-HTD-00004
SAP ID:291000527
EXHIBIT F
SAMPLE CHANGE ORDER LETTER
Page 34
COFRSRouhngNo:09-HTD-00004
SAP 1D: 291000527
Exhibit F
BILATERAL CHANGE ORDER LETTER
Exhibit F
Date: State Fiscal Year: Bilateral Change Order Letter No. —
In accordance with Paragraph of contract routing number (FY) (A nc ) (Routing #)
between the State of Colorado Department of Transportation (division) and (contractor's name)
covering the period of (include performance period here)) the undersigned agree that the
supplies/services affected by this change letter are modified as follows:
Choice #1: Services/Supplies
Exhibit/Attachment Schedule of Equipment for Maintenance or Schedule of Delivery,
is amended by (adding/deleting) or (increasing/decreasing) the level of services. The term of this
contract is hereby modified by (increasing/decreasing) the ending term date as appropriate to the
change made above.
Choice #2: Price/Cost
The maximum amount payable by the State for (service/commodity) in
Paragraph/Schedule/Exhibit/Attachment/Provision/Section is (increased/decreased) by ($
amount of change) to a new total of($_) based on the unit pricing schedule in Exhibit/Attachment
The first sentence in Paragraph_ is hereby modified accordingly.
The total contract value to include all previous amendments, change orders, etc. is
Choice #3 No Cost Change
The parties agree that the changes made herein are "no cost" changes and shall not be the basis for
claims for adjustment to price, cost ceiling, delivery schedule, or other terms or conditions of the
contract. The parties waive and release each other from any claims or demands for adjustment to the
contract, including but not limited to price, cost, and schedule, whether based on costs of changed
work or direct or indirect impacts on unchanged work.
[Include this sentence]: The effective date of this change order is upon approval of the State
Controller or (date), 20 _whichever is later.
Please sign, date, and return all copies of this letter on or before _ 20 _.
APPROVALS:
Contractor Name: State of Colorado:
Bill Ritter, )r. Governor
By: By: Date:
Name _ For the Executive Director
Title _ _ Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS§24-30.202 requires the State Controller to approve all State Contracts.This Contract is not valid until signed and dated
below by the State Controller or delegate.Contractor is not authorized to begin performance until such time.If Contractor
begins performing prior thereto,the State of Colorado Is not obligated to pay Contractor for such performance or for any
goods and/or services provided hereunder.
State Controller
David J. McDermott, CPA
By: _
Date:
EffecU6 e: April 1, 2008
Page 35
i
COFRSRoutingNo:09-HTD-00004
SAP ID:291000527
EXHIBIT G
PROJECT APPLICATION
Page 36
i
C OFRS RoutingNo:09-HTD-00004
SAP ID:291000527
Exhibit G
Strategic Transit Project Application Form
Applicant Organization: City of Fort Collins-Transfort
Applicant address: 6570 Portuer Road
Fort Collins CO 80525
Contact person: Marlys Sittuer,General Manager Phone: 970/416-2113
Email address: Msittuer@fcgov.com FAX: 9701221-6285
1. Project Title and Descriptive Title: (Whit to 25 words)
Mason Transportation Corridor Bus Rapid Transit-Phase I final design/engineering, construction
and relatedunprovements.
2. What is the total project cost? $66 million for entire 5.5 mile corridor.$5.7 million
for Phase I
What is The total amount of State finding requested? $4.6 million
3. Type of Project:
Rolling stock: replacement_ expansion X_
Rail or BRT elements Bus-"a id Transit implementation
Bus Maintenance Facility: replacement:_ expansion
Bus tratnsferhatermodal facility:
Planning: Other
4. Applicant Information and Description of Transit Program:
Tiansfort/Dial-A-Ride is the primary transit operator in the North Front Range region and is
operated by the City of Fort Collins, a Colorado municipality. Transfort provides fixed route
transit within the City of Fort Collins Orowth management area, along with regional service
connecting to the City of Loveland. Routes operate 12 hots/day,6 days per week,on 20-30-or
60-minute headways. Passengers range from K-12 and higher education students; to
commuters, seniois and disabled.
All Tr insfort routes originate from one of three Transit Centers: the Downtown Transit Center,
the Transit Center at Colorado State University(with a new building to open August 2006)and
the current South Transit Center, The Dawnlow ii Trausit Center currently has indoor passenger
waiting areas,vending machines and Customer Service Representatives. The new Transit Center
at Colorado State University opening in August 2006 will host indoor passenger waiting areas,a
convenience store and Customer Service Representatives.The existing South Transit Center
hosts an outdoor waiting area,with few passenger amenities.
Dial-A-Ride is parattarsit service as mandated by the Americans with Disabilities Act. Under
City Council direction,Dial-A-Ride expanded the scope of service to include eligibility for any
resident aged 60 years or over with expanded service hours and area beyond ADA requirements.
5. Project Description:
The Mason Corridor Bus Rapid Transit-Phase I project includes final design/etigineerili%
construction, and vehicle acquisition for new Bus Rapid Transit(BRI)service along Mason
Street from the Downtown Transit Center to the new Transit Center at Colorado State University
(CSU) in Fort Collins
Page 37
i
COHRSRoutingNo:09-HTD-00004
SAP ID:291000527
Exhibit G
This new service brings high capacity, high frequency BRT service to the City's downtown core
activity center area utilizing specialized,low-floor vehicles. Passengers will enjoy high quality
amenities at designated BRT stations. Cost estimates include the acquisition of fora BRT
alternative fueled vehicles. Other components of this first phase of the Mason Corridor include
the conversion of Mason and Howes streets from the existing one-way couplet operation to two-
way traffic operations on each street to improve travel time and convenience for BRr customers.
Downtown Fort Collars is the region's most successful urban environment,encompassing a large
district of active residential, commercial retaillrestaurants,prinr<ary employment, local Civic
Center facilities (City Hall, Police, Library) as,yell as Laraner County's Court House
(centralized public services&administrative offices)and Justice Center facilities. In addition,
Downtown Fort Collins is a popular regional/national tourist destination offering high quality
special events year-
round. a
The City's adopted
comprehensive land
use plan"City
Plan"emphasizes t, t t
the importance of _
high density,iufill -- -- _
development/redev t �
elopment within the
downtown and "
CSU area as well as
along the City's
core spine which includes Mason Street, South College Avenue/US 237, and the BNSF raih'oad
corrider. This adopted land use policy, and associated codes/regulations, helps reduce suburban
slxawl and supports the need for the high-frequency Mason BRT service_
In addition, the Fort Collins Downtown Development Authority is currently working with local
public and private sector representatives to further promote downtown Fort Collins as a World-
Class destination for arts and cultural venues. Plans are in the works for a new large scale
Discovery Science Museum,performing arts theatres, large outdoor amphitheater, and various
venues for music,aft,and other year-round entertainment opportunities.
hies.
The new Mason BRT service, connecting the core Downtown area with CSU,will serve
thousands of faculty, staff students, counrnrters, business interests, and comrnrnity visitors along-
this key travel corridor on a daily basis.
In the future, based on the adopted City of Fort Collins Transportation Master Plan, and the
Mason Transportation Corridor Vision Plan, the BRT system is planted to correct southward ill
the following phases:
Phase 2: Extend Mason BRT service south to Drake Road (approx. 2 miles) to serve the CSU
South Campus area, which includes the Veterinary Teaching Hospital and Natural Resources
Research Center(over 5,000+employees, staff, and faculty between fire two sites) as well as the
University Mall/Whole Foods shopping center and several adjacent neighborhoods.
Page 38
i
COMSRoutingNo:09-H1'D-00004
SAP ID:291000527
Exhibit G
Phase 3: Continue BRT service south to Hof setooth Road(1 mile) to serve the regional Foothills
Mall and adjacent commercial, employment, and residential districts.
Phase 4: Connect the BRT service southward to the new South Transit Center. The South Transit
Center-ties into the regional BRT and/or Commuter Rail system shown ill the craft North I-25
Environmental Impact Statement.
The overall ridership projections for the Mason Corridor BRT service are 6,500 passenger
hoardings for average weekdays and 1.8 mullion hoardings annually.
6. What is the strategic importance of implementing this particular project?
(b) If you are applying on the basis of the project increasing access to critical
destinations,please describe how the project would do so:
This proposed project is the first phase of the Mason BRT spine, which is the single most
important long term transit capital improvement for the City of Fort Collins. This corridor, and
more importantly its high frequency BRT service,will provide mobility and access to meet the
existing and htture travel needs of the downtown worker's, commuters,residents, and visitors.
Over 60%of the jobs within Fort.Collins are located within one mile of the Mason BRT corridor.
This service will attract the choice rider to BRT with service that is quick,attractive and easy to
use. Downtown Fart Collins has matured to include unique shops and restaurants,making it a
popular local,regional, and national destination. The recent addition of co-housing and trendy
lofts is turning this downtown urban district into a car-free community. The desire for car-free
living is expected to grow exponentially due to the influx of active seniors, aging baby boomers
desiring a more urban lifestyle,the corridor's proximity to CSU, and growth in employment and
education, and cultural arts venues. In addition to drawing new choice riders, the BRT will be a
highly desirable mode choice for a variety of existing transit users, including students,low-
income, and the transit dependent. Model results indicated that ridership oil this BRT corridor is
projected to doable over the existing transit service within a year of corridor completion.
In addition to the substantial local benefits, the Mason BRT provides a.key link to the future
regional transit system and will provide direct, convenient, and safe travel choices for thousands
of people on a daily basis. Wi0rin the North Front Range region, the Mason BRT corridor is
designed to directly link into the existing Transfort service between Fort Collins and Loveland
providing access to key medical, education, employment, residential, and shopping destinations.
Ultimately; the Mason BRT,which will link to regional connections to Loveland,Lougrnout and
the FasTracks network serving the Denver/Boulder metropolitan area.
7. In which calendar years do you desire speck amounts of funding for this project?
2006 $1 700,000 61,360,000 from SB-I, 5340,000 Local Match)
2007 54,000,000($3,200,000 from SB-1, $800 000 Local Match)
2008 $
2009 S
2010 $
The finding schedule for this project is based upon the readiness of the project to move
immediately into the final desieWengineering phase in 2006,followed by construction and
vehicle acquisition in 2007.
S. Are there any special circumstances that require that funding be in the specific
,years requested? (How flexible are the specific years?)
Page 39
i
COFRSRoutingNo:09-HTD-00004
SAP ID:291000527
Exhibit G
The finding years are flexible.However,the City is eager to initiate Phase I of the Mason BRT
project immediately due to strong community and business interest The funding split shown
above includes more than adequate final design/engineering time,before constriction and capital
expenditures begin. Given that all physical improvements(BRT stations,associated traffic
operations changes,pedestrian access improvements,etc.) are within the existing publicly owned
rights-of-way,the project engineering phase should move ahead quickly and smootlily.
9. From where will you obtain/provide the local 20% matching funds?
The 20%local match for Phase I will be provided by the City of Fort Collins,in partnership with
our downtown connnunity organizations.
10.Describe the commitment of your organization to maintaining the project and
sustaining the service that would be provided over the life of the project.
The City of Fort Collins and Transfort have a long standing reputation for building,operating,
maintaining,and sustaining high quality transportation projects and services.This Mason BRT
service from file Downtown Transit Center to CSU will be operated using local and federal
transit fimdls and managed to the same high standards as other City services.
11. Describe the"readiness" of the project Are any additional steps necessary prior to
being able to expend the fluids?(e.g.NEPA clearances,commitments from other
partners,legal commitments).
The City Council has adopted the Mason Corridor Master Plan(2000) and the preliminary
design/eugineering plans have been developed for the Mason BRT system(2004).The City has
submitted the Mason Corridor draft Environmental Assessment report to the FTA for review
(2005). Given that the Phase I portion of tine Mason BRT is within the existing downtown urban
envirormncrrt, the project will likely receive a Categorical Exclusion from FTA clue to all
improvements being conducted within the existing publicly owned rights-of-way and the existing
urban character downtown. No environmental or historical resources will be impacted by tine
project. The City anticipates that the environmental clearance process for Phase I will be
completed by the end of 2006. Tlierefore, fire Mason BRT Phase I project is ready to move
forward to final design/engineering,construction, and vebicle acquisition.
12. Is this proposed project consistent with regional priorities as expressed through the
regional plamrtug process and within your TPR's Regional Transportation Plan?
Transfort's future, including the Mason BRT system, was charted in the adopted Strategic
Operating Plan, which transforms the current transit system into a high-frequency grid system.
This community-wide transit system,including the Mason BRT, is also reflected in"City Plan"
and the"Transportation Master Plan"approved by City Council in 1996 and updated in 2004.
Also, this project is included in the North Front Range Metropolitan Planning Organization's
adopted 2030 Regional Transportation Plan(RTP)as project number T1023 and is located along
a Regionally Significant Corridor as identified in tine RTP.
13. Describe how you think the project provides economic vitality to the community,
region and state. Indicate if the project specifically addresses environmental justice
objectives.
Bus Rapid Transit is a new technology to Northern Colorado that is unlike traditional rubber
tired transit. As experienced with Denver's 16's Street Mall service and other innovative transit
operations around the US, strong community and business interest is evident given the unique,
Page 40
COFRSRoutingNo:09-HTD-00004
SAP ID:291000527
Exhibit G
high-quality and high-frequency service that is provided by these types of systems. There is
strong local support from the business and arts/culhual community in Fort Collins for Phase I of
the Mason BRT system due to its innovative design. Local land owners and developers have
demonstrated their interests in pursuing Transit Oriented Development projects along the Mason
BRT downtowns. It is important for the City to build the Mason BRT stations in a higlrquality,
permanent character—not only to attract riders,but also to assure the developers/investors that
the BRT service and infiastiuctutre represents a real,loug-term commitment by the City. High
density in-fill development/redevelopment is the cornerstone of the Mason BRT corridor station
areas,particularly downtown. This type of urban characater laird use supports the Mason BRT
and will change the way transit opportunities are viewed from an economic development
perspective throughout the North Front Range.
Regarding environmental justice,the Mason BRT specifically benefits low-income and minority
populations in the downtown and CSU area. According to the 2000 Census data, there are 198
blocks within the Mason BRT corridor that meet the U.S.Department of Transportation's
threshold for minority and low-income populations,with particularly high concentrations within
the Phase I project area.
14. Describe how you think the project increases mobility on congested portions of the
state highway system.
College Avenue(US 287) cuts through the heart of downtown Fort Collins,constantly
experiencing traffic delays and mode conflicts. The 2030 North Front Range MPO's 2030
Regional Transportation Plan projects traffic volumes on US 287 to double within the project
area,and operate at Level of Service F_ Existing retail and residential development constrain the
US 287 corridor to make even minor roadway expansion prohibitive. The Mason BRT Phase I
ruts parallel to US 287,creating a high-fi-equency mode choice adjacent to the State Highr;gay.
15. Indicate whether your project leverages funding from other sources or offers au
overmatch.
The 20%local match for Phase I will be provided by the City of Fort Collins, in partnership with
our downtown community organizations. Phases 2-4 of the Mason BRT system are anticipated
to be fimded in 2008-10 through a combination of local sources as well as FTA's New
Starts/Small Starts program.FTA has been very supportive of the Mason BRT project as a strong
candidate for the New Starts/Snsall Starts program. FTA's Proposed Interim Guidance and
Instructions for Small Starts Provision of the Section 5309 New Starts Program indicates that
project sponsors can request 80%of net project cost witli project sponsors contributing 20%of
local matching dollars. The finding being requested from SB-1 along with funds conhibuted by
the City and our dowtntowrn community organizations would equal the 20%local match needed
to leverage the full $66 million for the construction of the entire 5.5 mile Mason BRT corridor.
Given the tiunefiame for FTA funding availability,it is more practical to move ahead with Phase
1 using SB-1 fiords. The City will continue wonting with FTA to secure federal finds for the
Phases 2-4 providing an outstanding opport-unity to leverage local public and private fitnding
along with State and Federal sources.
16. Please provide any other pertinent information regarding the project:
See cover page for reap&- graphics of Mason BRT corridor.
Page 41
i
COFRSRoutingNo:09-HTD-00004
SAP ID: 291000527
Exhibit G
�v
tow
Lt
Phase 1
_ TnANSPOnTAT10N CORRIDOR �
Mulbe+'
s
J.`
Project Sumnary ,, ,
Ft, Col l►ns, Colorado
,-rF
-
47,r 9
-
r � •' L r r 3 ? ,
x I `.;tt
gg ,
Co g. ;
Regi
C,nne ✓'}'
_f
O L 0 R A D
VeAj CIS it H,
_ ';' SlruNuro Ptah w,�INas
LV.Amgn DMft �r'i raerns
emmliN�anmadvDkexr ����yy CammuiYy Stt�»v
MtdWD,
COIIYOfNNC9nAAT01S't4Y y,,;;�0(N1tA1N1,PNu x.l�veam G.aFf�.
. � . . .. . .. xepnnmofcoNrc�nw�a ®wxwarme
', � ®EmybyTAY/tA;tki . . 1141t91 PAvain3We,t
_ IMNY�N06Utl ®Ahem i!a+:WnvM CbA4v
CNryvs(.ysu4] ♦ V.1mv91q
- Ia�O:nxi)Fa,sdlndlkglYNArsA6
d b
Page 42