MOTION NO. M Amended and Restated Construction and Maintenance Agreement with Washington State Department of Transportation

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1 MOTION NO. M Amended and Restated Cnstructin and Maintenance Agreement with Washingtn State Department f Transprtatin MEETING: DATE: TYPE OF ACTION: STAFF CONTACT: Capital Cmmittee Bard 06/09/ /23/2016 Recmmend t Bard Final Actin Ahmad Fazel, DECM Executive Directr Eric Beckman, DECM Deputy Executive Directr, Business and Cnstructin Services Mark Jhnsn, DECM Prject Directr PROPOSED ACTION Authrizes the chief executive fficer t execute an amended and restated Cnstructin and Maintenance Agreement with the Washingtn State Department f Transprtatin t implement a prtin f the Cascade High Speed Rail Prgram n Sund Transit-wned rail crridr in the additinal amunt f $22,344,392, fr a new ttal authrized agreement amunt nt t exceed $151,725,572. KEY FEATURES SUMMARY The current Cnstructin and Maintenance Agreement prvides funding fr prjects n Sund Transit-wned prperty, including a minimum cntributin f $21 millin t the D-t-M Street prject, 100 percent f the funding fr the Pint Defiance Bypass (PDB) Track & Signal prject and its assciated cntracts, and $6 millin dedicated t cnstructin f the Tacma Trestle platfrm extensin fr use f Amtrak lng-distance trains. Under the amended and restated agreement with the Washingtn State Department f Transprtatin (WSDOT), Sund Transit will administer cnstructin f certain cmpnents f WSDOT s PDB prject as a future change rder t the Tacma Trestle cnstructin cntract; thse cmpnents include: Track & Signal wrk between East C Street and East D Street in Tacma. A new, secnd train platfrm t be lcated n the ther side f the tracks frm the existing Tacma Dme Statin platfrm at Freighthuse Square in Tacma. Sanitary sewer relcatin required by the new platfrm s lcatin. Full funding fr extensin f the existing platfrm at Tacma Dme Statin (Tacma Trestle Platfrm Extensin) t accmmdate Amtrak lng-distance trains. Under the restated agreement, financial capacity under which WSDOT will reimburse Sund Transit s allwable csts will be adjusted t reflect the as-bid amunt fr the PDB Track & Signal cnstructin cntract, as-bid cst f the Tacma Trestle Platfrm Extensin s cnstructin, csts fr administering that prtin f the cnstructin cntract, and the additin f the future cnstructin change rder cmpnents listed abve. In additin t the future cnstructin change rder csts, under the restated agreement WSDOT will reimburse Sund Transit fr the fllwing tasks: Sund Transit s administratin f the prject (i.e., Prject Management, Prject Cntrls & Dcument Cntrl, Engineering Civil, Structural & Systems, Cnstructin Management, Cntracts & Prcurement and Safety & Quality Assurance). David Evans & Assciates design supprt during cnstructin services (DSDC) related t the Tacma Trestle Platfrm Extensin, and design review and crdinatin f future WSDOT-funded change rder wrk.

2 HNTB s cnstructin management cnsultant services t cver added scpe f the future WSDOT change rder and the entirety f the Tacma Trestle Platfrm Extensin cmpnent. Staff will return t the Bard next mnth fr re-baselining f the PDB and Tacma Trestle Track & Signal prjects, fllwed by a request fr apprval f the change rder t the Tacma Trestle cnstructin cntract fr the additinal scpe requested by WSDOT befre prceeding with the wrk. WSDOT has cmmitted up t $5 millin in state funding frm which t reimburse Sund Transit fr wrk cmpleted after the June 30, 2017, deadline, shuld cnstructin be delayed due t unfreseen circumstances r events. If the value f delayed wrk is estimated in March 2017 t exceed $5 millin, the parties have agreed that additinal state funding will be made available t cmplete the delayed wrk r value-engineering f remaining scpe will be cnducted t align scpe with the funding available fr reimbursement t Sund Transit. BACKGROUND WSDOT has btained nearly $800 millin in funding thrugh the Federal Railway Administratin s (FRA) High-Speed Intercity Passenger Rail (HSIPR) prgram. The FRA funds will be used t deliver rail infrastructure imprvements that expand travel chices, preserve freight mbility, and fster ecnmic grwth acrss the state. The prgram gal is t imprve Washingtn's Amtrak Cascades service between Prtland, OR, and Vancuver, B.C., with specific utcmes t reduce travel time between Prtland and Seattle, increase n-time perfrmance t 88 percent, and add tw additinal daily rundtrips between the cities. The Pint Defiance Bypass (PDB) prject is a keystne within the state s prgram; the PDB Track & Signal cntract will imprve prtins f the Lakeview rail crridr wned by Sund Transit in Pierce Cunty. Amtrak Cascades and lng-distance passenger service will then be ruted alng Sund Transit s Lakeview rail crridr between Nisqually and Tacma, aviding the slwer, cngested rute alng Puget Sund. The Lakeview crridr rute cntributes substantially t the travel-time savings and n-time reliability gals f WSDOT s prgram, as the current rute is bth speed-restricted and capacity-cnstrained by a single-track tunnel and a mveable bridge. As the wner f the crridr, Sund Transit has agreed t administer the cnstructin f the PDB Track & Signal cntract t help minimize impacts t current Sunder service as well as cmplete the wrk effectively and efficiently. WSDOT s prgram is cntributing between $21 and $34 millin f the High Speed Rail funding received t the cmpleted D-t-M Streets track & signal prject in Pierce Cunty, a prject that was vital t cmpleting the Lakeview crridr. Sund Transit has negtiated three agreements with WSDOT and Amtrak related t implementatin f the Cascade High Speed Rail Prgram: a Service Outcmes Agreement with WSDOT and Amtrak, a Cnstructin and Maintenance Agreement with WSDOT, and an Operating Agreement with Amtrak. The Cnstructin and Maintenance Agreement between Sund Transit and WSDOT cvers all the capital funding fr the tw prjects, including a minimum f $21 millin fr the D-t-M Street Track & Signal prject and 100 percent f the funding fr the PDB Track & Signal cntract. The agreement als stipulates reprting requirements, timelines fr delivery, and ther grant requirements passed thrugh frm the FRA fr administratin f the prject. In additin t the imprvements made t the rail crridr between Tacma and Nisqually, ther imprvements will be made in and arund Tacma Dme Statin at Freighthuse Square in rder t accmmdate the relcatin f Amtrak s existing statin in Tacma t Freighthuse Square. Mtin N. M Page 2 f 4 Staff Reprt

3 This will allw Amtrak t perate its trains thrugh the Lakeview rail crridr and serve patrns in Tacma. These imprvements will be built in the vicinity f the Tacma Trestle cnstructin. Because f the number f interface and cnstructin crdinatin issues between the prjects, Sund Transit was requested by WSDOT t administer cnstructin f thse cmpnents f the PDB prject arund Tacma Dme Statin, with the exceptin f the Amtrak Statin cnstructin inside Freighthuse Square. Sund Transit has agreed t deliver this wrk, which will be included as a future change rder t the Tacma Trestle cnstructin cntract. Expenses fr these additinal scpes f wrk will be reimbursed t Sund Transit by WSDOT thrugh the FRA s High-Speed Intercity Passenger Rail prgram, funds fr which were apprpriated under the American Recvery and Reinvestment Act (ARRA) f Under the terms and cnditins f the prgram s grant agreement, all cnstructin activities eligible fr reimbursement must be cmpleted by June 30, 2017, and all eligible expenses fr designing and cnstructing these cmpnents must be inviced t the FRA by July 25, The US Department f Transprtatin is wrking clsely with grantees t manage the timely delivery f ARRA-funded infrastructure investments and an rderly clseut f the prgram. Additinally, WSDOT has established a risk mitigatin fund f $5 millin in state mnies frm which t reimburse Sund Transit fr cnstructin f cmpnents f WSDOT s PDB prject if unfreseen bstacles t cnstructin are encuntered, delaying delivery beynd June 30, FISCAL INFORMATION This amendment t increase the Cnstructin and Maintenance Agreement with WSDOT by $22,344,392 t ttal $151,725,572 is t include the imprvements that will be built in the vicinity f the Tacma Trestle cnstructin. Sund Transit has agreed t administer cnstructin f cmpnents f the WSDOT PDB Prject, with the exceptin f the Amtrak Statin cnstructin inside Freighthuse Square. In accrdance with the agreement, the csts f all such imprvement wrk will be reimbursed t Sund Transit by WSDOT using funding prvided by the ARRA/HSIPR prgram r state mnies fr wrk cmpleted after June 30, SMALL BUSINESS/DBE PARTICIPATION AND APPRENTICESHIP UTILIZATION Nt applicable t this actin. PUBLIC INVOLVEMENT Nt applicable t this actin. TIME CONSTRAINTS This prject is under a very aggressive schedule, and as such, a ne-mnth delay wuld create a significant impact t the prject schedule. Under the terms and cnditins f the funding, all cnstructin must be cmpleted by June 30, 2017, and all eligible expenses inviced t the FRA by July 25, Mtin N. M Page 3 f 4 Staff Reprt

4 PRIOR BOARD/COMMITTEE ACTIONS Mtin N. M : Authrized the chief executive fficer t execute a Service Outcmes Agreement with the Washingtn State Department f Transprtatin (WSDOT) and the Natinal Railrad Passenger Crpratin and a Cnstructin and Maintenance Agreement with WSDOT t implement a prtin f the Cascade High Speed Rail Prgram n Sund Transit-wned rail crridr. ENVIRONMENTAL REVIEW JI 3/1/2016 LEGAL REVIEW JW 6/2/2016 Mtin N. M Page 4 f 4 Staff Reprt

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