Unallocated Contingency. CHSRA will allocate a portion of the Project budget as unallocated contingency consistent with the CHSRA Contingency Management Plan submitted to FRA for review and comment. CHSRA will update the Contingency Management Plan quarterly. CHSRA will complete all Tasks in this Agreement according to the following schedule and the detailed schedule which is on file with FRA. The detailed Project Schedule is the CHSRA’s master schedule for the Tasks in this Agreement and is independent of the various FCS Design- Build contractors’ detailed project schedules. The detailed Project Schedule will be organized in the format of the WBS reviewed by FRA in Task 5 and be consistent with the phases of Project development. This schedule will indicate a detailed breakdown of Project activities within the WBS, the duration of each activity, the earliest date each activity could commence, predecessor and successor activities, and clearly indicate schedule float. CHSRA will provide FRA with quarterly updates to the detailed Project schedule for review and comment. Task 5: Program, Project, FCS CN Management 7-1-2012 12-31-2022 Start* Finish Task 6: Real Property Acquisition 7-1-2011 3-31-2022 Task 7: Early Works (N/A) Task 8: Final Design and Construction Contract Work (CP1-CP5) 4-1-2012 12-31-2022 Task 9: Project Reserve (Throughout) 12-31-2022 Task 10: Unallocated Contingency (Throughout) 12-31-2022 *These start dates are the same as in the ARRA grant for consistency. The dates showing when CHSRA proposes to expend FY10 funding are reflected in the detailed Project schedule. CHSRA will provide Project receipts and documents as required by FRA. CHSRA will obtain documentation of materials, payrolls and work performed, invoices and receipts, etc., during the Program from contractors and consultants as conditions of payment. These will be submitted or made available to FRA as required. The total amount of federal funding and Grantee matching cash contribution provided under this Agreement is $1,288,425,000, $1,021,400,000 from the December 2010 award and $267,025,000 from the May 2011 award. Of the total amount FRA will contribute no more than $928,620,000 and CHSRA will contribute not less than $359,805,000. Of the December 2010 award, FRA shall contribute up to 70% but no more than $715,000,000 and CHSRA will contribute not less than 30% or $306,400,000 Of the May 201l award FRA shall contribute up to 80% but no more than $213,620,000 and CHSRA will contribute not less than 20% or $53,405,000. CHSRA is required to provide all funding above the FRA funding necessary to complete the Project. Table 2 below shows the summary Approved Project Budget broken out by Task and the Federal funding provided under this Agreement and the Grantee required matching cash contribution. Quarterly, CHSRA will provide FRA with a detailed budget update organized by Task and Subtask for FRA review, which will also show the federal funding and the Grantee’s matching cash contribution ratios for both the December 2010 and May 2011 awards. Any cumulative changes to the Approved Project Budget that exceed the cumulative 10% threshold at the subtask level as described in Attachment 2, Section 4 of this Agreement, must be provided to FRA (accompanied by a detailed explanation) for approval before CHSRA is authorized to make the change. For purposes of Attachment 2, Section 4 the term “line item” is defined as subtasks. Program, Project, and FCS Construction Management Task 5 $47,526,390 $16,680,158 $64,206,548 Real Property Acquisition Task 6 Early Works Program Task 7 Final Design and Construction Task 8 $728,202,736 $275,678,686 $1,003,881,422 Interim Use Project Reserves Task 9 $108,023,253 $46,267,109 $154,290,362 Unallocated Contingency ▇▇▇▇ ▇▇ $44,867,621 $21,179,047 $66,046,668 CHSRA will provide FRA with all deliverables described in this Agreement on or before the Delivery Date identified in the Deliverable Table incorporated herein as Exhibit A. CHSRA will revise the Deliverable Table quarterly and provide to FRA for approval. CHSRA will perform all Tasks including necessary coordination with all involved Federal and State agencies, local governments, and all railroad owners and operators and stakeholders using processes already in place. CHSRA’s coordination process is based on ongoing practice, executed Memoranda of Understanding and other Agreements, and public involvement processes developed for the Task 1 of the ARRA Grant.
Appears in 2 contracts
Sources: Cooperative Agreement, Cooperative Agreement
Unallocated Contingency. CHSRA will allocate a portion of the Project budget as unallocated contingency consistent with the CHSRA Contingency Management Plan submitted to FRA for review and comment. CHSRA will update the Contingency Management Plan quarterly. CHSRA will complete all Tasks in this Agreement according to the following schedule and the detailed schedule which is on file with FRA. The detailed Project Schedule is the CHSRA’s master schedule for the Tasks in this Agreement and is independent of the various FCS Design- Design-Build contractors’ detailed project schedules. The detailed Project Schedule will be organized in the format of the WBS reviewed by FRA in Task 5 and be consistent with the phases of Project development. This schedule will indicate a detailed breakdown of Project activities within the WBS, the duration of each activity, the earliest date each activity could commence, predecessor and successor activities, and clearly indicate schedule float. CHSRA will provide FRA with quarterly updates to the detailed Project schedule for review and comment. Task 1: Environmental Review 3-1-2010 12-31-2017 Task 2: Preliminary Engineering (PE) 3-1-2010 12-31-2017 Task 3: Other Related Work 3-1-2010 12-31-2018 Task 4: Project Administration & SWCAP 3-1-2010 12-31-2017 Task 5: Program, Project, FCS CN Management 7-1-2012 12-31-2022 Start* Finish Task 6: Real Property Acquisition 7-1-2011 3-31-2022 2018 Task 7: Early Works (N/A) Task 8: Final Design and Construction Contract Work (CP1-CP5) 4-1-2012 12-31-2022 Task 9: Project Reserve (Throughout) 12-31-2022 Task 10: Unallocated Contingency (Throughout) 12-31-2022 *These start dates are the same as in the ARRA grant for consistency. The dates showing when CHSRA proposes to expend FY10 funding are reflected in the detailed Project schedule. CHSRA will provide Project receipts and documents as required by FRA. CHSRA will obtain documentation of materials, payrolls and work performed, invoices and receipts, etc., during the Program from contractors and consultants as conditions of payment. These will be submitted or made available to FRA as required. The total amount of federal funding and Grantee matching cash contribution provided under Under this Agreement is $1,288,425,000, $1,021,400,000 from the December 2010 award and $267,025,000 from excluding the May 2011 award. Of the total amount ARRA award for construction work, FRA will contribute no an estimated 49.8182% of the amount shown in Attachment 1, Section 5(a) but not more than $928,620,000 and CHSRA 2,466,176,231. For the May 2011 construction contract work FRA will contribute an estimated 80.0000% of the $107,975,000, but not less than $359,805,000. Of the December 2010 award, FRA shall contribute up to 70% but no more than $715,000,000 and CHSRA will contribute not less than 30% or $306,400,000 Of the May 201l award FRA shall contribute up to 80% but no more than $213,620,000 and CHSRA will contribute not less than 20% or $53,405,00086,380,000. CHSRA is required to provide all funding above the FRA additional funding necessary to complete the ProjectProject which, at a minimum and excluding the May 2011 ARRA award for construction work, will be not less than 50.1818% of the amount shown in Attachment 1, Section 5(a) which is estimated to be not less than $2,484,176,231. For the May 2011 ARRA award for construction work CHSRA will provide not less than 20.0000% of the total amount of $107,975,000, which is estimated to be not less than $21,595,000. Table 2 below shows the summary Approved Project Budget broken out by Task and the Federal funding provided under this Agreement and Agreement, the Grantee required matching cash contribution, and any additional non-Federal contribution anticipated to be necessary to complete the Project in accordance with Attachment 1, Section 5(i). Quarterly, CHSRA will provide FRA with a detailed budget update Project Budget organized by Task and Subtask for FRA review, which will also show the federal funding and the Grantee’s matching cash contribution ratios for both the December 2010 and May 2011 awards. review.9 Any cumulative changes to the Approved detailed Project Budget that exceed the cumulative 10% threshold at the subtask level as described in Attachment 2, Section 4 of this Agreement, must be provided to FRA (accompanied by a detailed explanation) for approval before CHSRA is authorized to make the change. For purposes of Attachment 2, Section 4 the term “line item” is defined as subtasks. Task 1: Environmental Review $ 240,977,483 $ 180,141,593 $ 60,835,890 $ - $ - Task 2: Preliminary Engineering (PE) $ 221,522,559 $ 164,870,650 $ 56,651,909 $ - $ - Task 3: Other Related Work $ 160,704,437 $ 92,854,178 $ 15,750,259 $ 52,100,000 $ - Task 4: Project Administration and Statewide Cost Allocation Plan (SWCAP) $ 795,522 $ 795,522 $ - $ - $ - Task 5: Program, Project, Project and FCS Construction Management $ 362,774,537 $ 177,459,725 $ 185,314,812 $ - $ - Task 5 $47,526,390 $16,680,158 $64,206,548 6: Real Property Acquisition and Environmental Mitigation $ 790,544,073 $ 410,424,643 $ 380,119,430 $ - $ - Task 6 7: Early Works Program Work $ - $ - $ - $ - $ - Task 7 8: Final Design and Construction Contract Work for FCS $ 3,227,152,459 $ 1,472,153,528 $ 1,754,998,931 $ - $ 208,399,844 Task 8 $728,202,736 $275,678,686 $1,003,881,422 9: Interim Use Project Reserves Reserve $ 53,856,392 $ 53,856,392 $ - $ - Task 9 $108,023,253 $46,267,109 $154,290,362 10: Unallocated Contingency ▇▇▇▇ ▇▇ $ - $ - $ - $ - $ - 9 For Tasks 1 and 2, those subtasks should be broken down and tracked by Project Section. The Parties acknowledge their mutual benefit in efficiently spending the Federal and state funds to complete the Project and that there is an opportunity for substantial cost saving in Task 8 if the CHSRA is allowed to accelerate the expenditure of ARRA funds. CHSRA’s expenditures will be consistent with a Funding Contribution Plan, which CHSRA will update quarterly and provide to FRA for review and approval. The Parties further acknowledge it is important for the Funding Contribution Plan to appropriately allocate risk between the parties to this Agreement. In order to realize such savings and appropriately allocate risk, FRA agrees to provide CHSRA with payment consistent with the Funding Contribution Plan even where such payment may temporarily exceed FRA’s contributory matching fund percentage. The CHSRA’s contribution on a monthly basis will be consistent with the Funding Contribution Plan. CHSRA remains responsible for ensuring that the matching contribution at Project completion is not less than 50.1818% for all activities excluding the May 2011 ARRA funds award of $44,867,621 $21,179,047 $66,046,668 86.380,000, which carry with them a 20.000% state contributory match. CHSRA will immediately provide FRA with written notice if at any time there is a material adverse change in pending litigation, including the timeline for resolution, or any other circumstances that might prevent CHSRA from securing and delivering the required matching contribution. Upon receiving such written notice, FRA may require that this Agreement be amended to reflect such change or take any other action permitted under this Agreement, including but not limited, to exercise of rights, including termination, pursuant to Attachment 2, Section 23. FRA at its sole discretion may require CHSRA to use the reimbursable payment method for any future payment requests and may also require that CHSRA commit its contributory match concurrent with each payment request consistent with the funding contribution proportions required under Attachment 1, Subsections 5(c), 5(e) and 5(f). CHSRA will provide FRA with all deliverables described in this Agreement on or before the Delivery Date identified in the Deliverable Table incorporated herein as Exhibit A. CHSRA will revise the Deliverable Table quarterly and provide provided to FRA for approval. CHSRA will perform all Tasks including necessary coordination with all involved Federal and State agencies, local governments, and all railroad owners and operators and stakeholders using processes already in place. CHSRA’s coordination process is based on ongoing practice, executed Memoranda of Understanding and other Agreements, and public involvement processes developed for the Task 1 of the ARRA Grant1.
Appears in 1 contract
Sources: Cooperative Agreement