The final piece of an agreement that hands over the maintenance and tolling of U.S. 36 between Boulder and Denver for 50 years was quietly put in place Thursday.
The state’s Transportation Commission reviewed and unanimously signed off on a compliance agreement between the Colorado Department of Transportation and Plenary Roads Denver for the U.S. 36 Managed Lanes project.
The pact not only means a private firm will soon maintain and collect tolls on the Boulder Turnpike, it also signals the start of a new era of public-private partnerships for the state aimed at building roads in Colorado, commission members said.
“We have to figure out new ways to do business in this state,” said commission member Les Gruen, noting that voters have little or no taste for tax hikes for road projects. Turning to the private sector for funding is the new reality.
Still, CDOT has been under attack for its handling of the contract negotiations with Plenary Roads Denver. Over the past few weeks, the agency was accused of hiding certain elements of the agreement from the public, which spawned several angry public meetings.
“I’m requesting that we take the lessons learned in this process and translate it to other projects that will be moved forward,” said Commissioner Heather Barry. “We have to have clear communication with the public.”
Thursday’s meeting lacked the acrimony of Wednesday’s meeting of the High Performance Transportation Enterprise governing board, which approved three key elements of the agreement with Plenary Roads Denver. The governing board is part of CDOT and will oversee the U.S. 36 project.
Three members of an activist group were forcibly removed from the hearing room Wednesday. Two were members of the Drive SunShine Institute, which is opposed to the contract.
The other was a lawyer representing the Institute, Karen Hammer, who wanted to speak for the two men. That was not allowed by board chairman Tim Gagen, who asked repeatedly that the trio step away from the speaker’s podium.
When they did not, Gagen asked that the trio be escorted out by Colorado State Troopers.
Hammer spoke again to the Transportation Commission, warning that the agreement with Plenary Roads carries huge risks for the state. “This will affect our bonding rating 50 years down the road,” Hammer said.
However, commission members said outside financing was needed to help expand and improve the heavily used highway. They noted that residents and elected officials along the U.S. 36 corridor have worked for the past 10 years for such a deal.
Some say that CDOT should agree to a 60-day period to allow lawmakers and the public a chance to closely examine the 600-page agreement.
“There needs to be a clear public comment period and process between the release of the full details and the signing of a 50-year-agreement with a private company to manage any road, including U.S. 36,” said Danny Katz, director of the public-interest group CoPIRG. “This was a yes-or-no moment, and the public needs a voice in that.”
The pact commits Plenary — a consortium of six different companies — to complete the second phase of the $425 million U.S. 36 Managed Lanes project and maintain the entire corridor, including ice and snow removal, until 2063.
The public-private partnership, considered the first for Colorado, also gives Plenary maintenance responsibilities along I-25, from U.S. 36 to downtown Denver.
Plenary Roads will collect all revenues from the toll lanes now being constructed in each direction of the turnpike. The company will also rebuild and widen the free lanes from 88th Street in Louisville to Table Mesa/Foothills in Boulder.
The final signing of the agreement between CDOT and Plenary Roads Denver will be next week, Ford said.
Monte Whaley: 720-929-0907, mwhaley@denverpost.com or twitter.com/montewhaley
