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HomeMy WebLinkAbout18-159 - US Department of Transportation - FASTLANE Grant for Strander Boulevard Extension Phase III18-159 Council Approval 5/1/17 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION TERM SHEET UNDER THE NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS DISCRETIONARY GRANT PROGRAM (FY 2016 FASTLANE DISCRETIONARY GRANTS) Background and Authority. (a) The Nationally Significant Freight and Highway Projects (NSFHP) program, as established by the Fixing America's Surface Transportation Act (FAST Act), Public Law 114-94, section 1105 (23 U.S.C. 117), provides Federal financial assistance for freight and highway projects of national or regional significance. The NSFHP program provides dedicated, discretionary funding for projects that address critical freight issues facing the nation's highways and bridges and for the first time in the U.S. Department of Transportation's (Department) 50-year history, establishes broad, multiyear eligibilities for freight infrastructure. (b) After selection for award by the Secretary of Transportation, each modal administration is assigned grants to administer. In some cases, more than one modal administration will be assigned to administer a project. In those cases, the modal administrations will work together to develop a document defining the responsibilities of each party signing the document; a Project Agreement which obligates the grant funds; and completion of all required environmental approvals (including approvals required by the National Environmental Policy Act of 1969 (NEPA)). c) The FASTLANE program funds are administered in accordance with Federal law, regulations, and the requirements of the Department's Financial Assistance Guidance Manual, or any successor Manual prepared by the Office of the Secretary of Transportation and the modal administrations. Specific requirements for carrying out the administrative functions of this Term Sheet will be provided in further sections of this document. 2. Selection of the Project. This Term Sheet (the "Term Sheet") reflects the conditional selection of the City of Tukwila (the "Project Sponsor"), to receive a grant of funds for the "Strander Boulevard Extension and Grade Separation Phase 3" (the "Project") under the provisions of 23 U.S.C. 117, Nationally Significant Freight and Highway Projects. The grant program also is referred to as the "FY 2016 Fostering Advancements in Shipping and Transportation for Long- term Achievement of National Efficiencies" or "FY 2016 FASTLANE Discretionary Grants-. e5) 3. Purpose of this Term Sheet. The purpose of this -Term Sheet is to set out the parties' mutual understanding regarding material terms and conditions to be included in a FASTLANE Project Agreement(s) under 23 C R Part 630, Suhpart A that the parties intend to execute between the U.S. Department of Transportation, the Federal Highway Administration ("FHWA") (collectively, the -Government"), and the Project Sponsor. It is intended to assist the parties in developing and finalizing a Project Agreement(s). This Term Sheet is not a commitment of the Government to provide funding for the Project. The commitment of the Government to provide funding to the Project will only occur with the obligation of funds through a Project Agreement(s) between the Government and the Project Sponsor. 4. Division of Government Responsibilities. The Government is required to fund, oversee and administer this grant award. FHWA will develop the Project Agreement(s), administer the reimbursement process, collect and review progress reports, coordinate oversight activities, and provide close-out. Oversight and project administration are in accordance with the current Stewardship and Oversight Agreement between FIIWA, Washington Division and the Washington State Department of Transportation. 5. Project Agreements. The Project Sponsor acknowledges that it will be required to administer any and all FY 2016 FASTLANE Grant funds received from the Government pursuant to the terms and conditions to be set forth in the final Project Agreement(s) obligating those funds. The Project Sponsor acknowledges that the Project Agreement(s) will require the Project Sponsor to comply with applicable Federal laws and regulations, including 23 U.S.C. 112. 6. Project Terms in this Term Sheet. The agreed upon terms specific to the Project are listed under "Material Terms and Conditions" in section 11 of this Term Sheet. This Term Sheet specifically memorializes the agreement of the parties on the following terms of the Project: (a) the Project's Scope of Work; (b) the Project's Budget, including identification of all funds necessary to complete the proposed Project's Scope of Work; (c) the Project's Milestone Completion Schedule, which sets dates for the completion of all major milestones relating to the Project, including: (i) completion and receipt of all required environmental approvals (including NEPA approvals); (ii) application for and anticipated receipt of all necessary Federal, State, and local permits and approvals; and (iii) any necessary approval by a local transportation planning organization, and inclusion in the required Transportation Improvement Program (TIP)/State Transportation Improvement Program (STIP). 2 7. Costs Incurred before a Project Agreement. The Project Sponsor acknowledges that the Term Sheet is not Government approval of any pre -award costs and the Government will not reimburse expenditures made before the parties have executed a Project Agreement. 8. Environmental Review. The Project Sponsor acknowledges that the execution of this Term Sheet in no way commits the Government to any determination required under the applicable provisions of NEPA. The Government's determination on the Project will be issued in full compliance with its NEPA regulations, 23 CFR Part 771, those of the Council on Environmental Quality, 40 CFR Part 1500, and all other applicable Federal environmental laws and regulations, and State or local laws and regulations, to the extent applicable. 9. The FASTLANE Application. This Term Sheet reflects material terms and conditions for the Project, as the Project was defined in the Sponsor's application for FY 2016 FASTLANE Grant funding (the "Application"). The Application, dated April 14, 2016, and titled "Strander Boulevard Extension and Grade Separation Phase 3", is incorporated in this Term Sheet by reference. 10. Project Material Terms and Conditions. The Term Sheet further reflects negotiated provisions on material terms and conditions precedent to execution of a FASTLANE Project Agreement(s). The Project Scope of Work, Project Budget, Project Milestones and Completion Schedule, each to be relied upon by the Government in execution of a FASTLANE Project Agreement(s), are as follows: MATERIAL TERMS AND CONDITIONS PRECEDENT TO EXECUTION OF A FASTLANE PROJECT AGREEMENT PROJECT SCOPE OF WORK a. General Project Description To construct a grade separated crossing under a freight rail line and an approximately 1,250 linear foot arterial from SR 181 to SW 27111 Street, turn lanes and related facilities in the Green River Valley. b. Mutually Agreed and Approved FY 2016 FASTLANE Project Scope of Work This Project will consist of the following construction components: A new Union Pacific Railroad bridge crossing over the new Strander Blvd. roadway undercrossing that will consist of 4 to 5 traffic lanes (turn lanes will not be continuous through the Project); the extension of 2 additional lanes from Naches Ave. to the driveway connection at the Tukwila Sounder Station; a shared use path for pedestrians/bicyclists; a new flyover bridge connection to the Tukwila Sounder Station; a new Interurban Trail bridge (with connections to the shared use path); sidewalks; storm drainage facilities; water quality/detention facilities; and other roadway related utilities. 3 II. PROJECT BUDGET a. FASTLANE Grant Amount — $5,000,000 b. Total Project Cost - $83,781,626 c. "rota' FASTLANE Grant Funds and Additional Sources of Project Funds: FASTLANE Discretionary Grant Amount: $5,000,000 6.0% Other Federal Funds (PSRC): $5,146,750 6.1% Other Federal Funds (FMSIB): $5,000,000 6.0% State Funds (unsecured): $15,000,000 17.9% Local Funds (if any): $7,600,000 9.1% Other Funds (unsecured): $46,034,876 54.9% Total Future Eligible Project Cost: $83,781,626 100% Previously Incurred Project Costs: $23,000,000 d. Project Sponsor Cost Share Certification The Project Sponsor hereby certifies that not less than seven million six hundred thousand dollars ($7,600,000) in non -Federal funds or authorized in -kind contributions (in accordance with 23 U.S.C. 323 and 2 CFR 200.306) are committed to fund the Project to satisfy the statutory requirements that at least 20% of the Project's eligible costs are funded by non -Federal sources. If the actual eligible Project costs are less than the "Total Future Eligible Project Cost" stated in section II (b) then the Project Sponsor may reduce non -Federal funds obligated to the Project. But the non -Federal share shall not be reduced below 20% of eligible Project costs nor shall FASTLANE funds exceed 60% ofthe total Project costs. 111. PROJECT MILESTONE AND COMPLETION SCHEDULE a. Project Permits, Licenses and Approvals (Including NEPA Approvals/Completion, Planning Approvals, included on STIP/TIP, etc.) • Regional TIP December 2017 The following Project milestones and completion schedule is approximate and is contingent upon a fully executed modified Project Agreement by February 28, 2019. • Preliminary Design Complete May 1, 2019 4 • NEPA Complete October 1, 2019 b. The Project Schedule is shown below: • Final Design Complete May 1, 2020 • Right of Way October 1, 2019 • PS&E/Bid-Ready October 1, 2020 • Obligate & Advertise November 1, 2020 • Begin Construction March 1, 2021 • Construction Complete June 1, 2024 11. Progress Reporting. (a). Quarterly Project Progress Reports. On or before the 20th day ofJanuary, April, July, and October of each year and until the Project is complete and all Project Agreements under this Term Sheet have been closed out, the Project Sponsor shall submit to FHWA a Quarterly Project Progress Report. But if the date of this Term Sheet is in March, June, September, or December, instead of submitting a Quarterly Project Progress Report covering less than one month, the Project Sponsor shall submit the first Quarterly Project Progress Report in the fourth calendar month that begins after the date of this Term Sheet. The form and content of these Quarterly Project Progress Reports will be provided to the Project Sponsor by FHWA. (i) The Project Sponsor shall submit a Federal Financial Report (SF-425) as part of each quarterly progress report. The form is available athttp://apply07.grants.gov/apply/forms/sample/SF425-V1.0. df. (b) Annual Budget Review and Program Plan. From the date of this Term Sheet until the Project is complete and all Project Agreements under this Term Sheet have been closed out, on or before the 60th day before the end of each Term Sheet Year, the Project Sponsor shall submit to the USDOT an Annual Budget Review and Program Plan that contains: (A) a detailed schedule of activities and milestones for the next Term Sheet Year; 5 (B) an estimate of specific performance objectives, including forecasted expenditures, for the next Term Sheet Year; and (C) a comparison of the approved Project budget with an updated estimate of the Project costs. -Term Sheet Year" means 12 months beginning on the date of this Term Sheet or an anniversary of the date of this Term Sheet. (ii) If the Project Sponsor's updated estimate of the total Project costs exceeds the total Project costs in the approved Project budget, then the Project Sponsor shall: (A) include in the Annual Budget Review and Program Plan either documentation of committed funds to cover the increased costs or a written plan describing how the Project Sponsor will cover the increased costs; and (B) meet with the FHWA to discuss the Annual Budget Review and Program Plan. 12. Reimbursements. The FIIWA is charged with overseeing payments made for this Project via its Fiscal Management Information System (FMIS). The Project Sponsor will be reimbursed in accordance with the terms of a Project Agreement(s) with the Government (Modal Administration) or another specified form or agreement that references this Term Sheet, as determined by the Government. 13. Effective Date. The terms and conditions recorded in this Term Sheet are effective on the Project Sponsor upon execution of this Term Sheet by both the Project Sponsor and the Government. 6 EXECUTION BY THE GOVERNMENT Executed this day of , 2017. Dan Mathis, FHWA WA Division Division Administrator Title EXECUTION BY THE PROJECT SPONSOR Executed this t day of 1")e--r-e—rvx,i6)---ec• City of Tukwila Project Sponsor Signature of Proje t,Sponsor!s Authorized Representative Mayor Title (VI Pt 8 EXECUTION 13Y WASHINGTON STATE DEPARTMENT OF TRANSPORTATION The Washington State Department of Transportation hereby executes this Term Sheet in the limited capacity as an agent for administration of the FY 2016 FASTLANE Grant to be received by the Project Sponsor. Executed this day of , 2017. Signature of Washington State Department of Transportation Designated Official Representative Title 9