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TO: |
Board of Trustees |
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THROUGH: |
Jay Fox, Executive Director |
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FROM: |
Jared Scarbrough, Acting Chief Capital Services Officer |
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PRESENTER(S): |
Jared Scarbrough, Acting Chief Capital Services Officer |
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Janelle Robertson, FR2X Project Manager |
TITLE:
title
Contract: FrontRunner (FR2X) Second Cooperative Agreement (Utah Department of Transportation)
end
AGENDA ITEM TYPE:
Non-Procurement Agreement
RECOMMENDATION:
Approve and authorize the Executive Director to execute FrontRunner (FR2X) Second Cooperative Agreement with the Utah Department of Transportation (UDOT) for the Construction Phase of the Double Track Project.
BACKGROUND:
Pursuant to Utah Code § 17B-2a-804 and 72-1-202, as amended, UDOT is given oversight responsibility for fixed guideway capital development projects including the FrontRunner Forward Strategic Double-Tracking Project. The goal of this Project is to strategically double track UTA’s commuter rail lines in Davis, Salt Lake and Utah Counties. On October 25, 2023, the Board approved a Cooperative Agreement known as the “Base Agreement” which established basic relationships between the Parties and roles and responsibilities for the Project. Since that time, the Parties have been working cooperatively under the Base Agreement to move the complex Project forward on several fronts with multiple affected Parties. The Parties have also been negotiating a more comprehensive agreement to guide their Phase II Construction activities.
DISCUSSION:
UDOT is requesting the UTA Board of Trustees approve the FrontRunner (FR2X) Second Cooperative Agreement for the Construction Phase of the Strategic Double Track Project. This Agreement was negotiated over a 2-year period and covers the Party’s respective roles and responsibilities during the Construction Phase of the Project. It covers items such as interaction with UDOT’s Progressive Design Builder (PDB) contractor, UTA’s inspection and acceptance role, UTA warranty protection, and how the Parties will deal with service interruptions. Consummation of this Agreement represents an important milestone in moving this Project forward and obtaining FTA support.
ALTERNATIVES:
There is no reasonable alternative as this agreement is necessary to advance FR2X.
FISCAL IMPACT:
All project costs incurred by UTA will be reimbursed by UDOT pursuant to Utah House Bill 322 and anticipated FTA funding. UTA staff will bill time to the FR2X Project Code (MSP252) and UTA will be reimbursed by UDOT as agreed upon in previously executed agreements between UDOT and UTA ("Reimbursement Agreement" from 2024). UTA has budgeted $2.59 million for FR2X in 2025 and will include $11,398,000 for the project in the 5-Year Capital Plan. These allocated funds would cover UTA’s costs (primarily staff time) which would then be reimbursed by UDOT.
This agreement does not explicitly address the future operating and maintenance costs that will begin once the project is completed. Additional agreements with UDOT regarding FR2X will be needed.
ATTACHMENTS:
1. FrontRunner (FR2X) Second Cooperative Agreement