Item Coversheet

Board Action Request
22-0237


Item Description:
Neg Amd 8 to Agmt PR00000689 with Met Council and HC for HC Southwest Light Rail Transit (“METRO Green Line Extension”) Project (CP 1005876), extend end date to 12/31/22 with no incr to the NTE
Resolution:

BE IT RESOLVED, that the County Administrator be authorized to negotiate Amendment 8 to Agreement PR00000689, Capital Grant Agreement for the Southwest Corridor Light Rail Transit (METRO Green Line Extension) Project with the Metropolitan Council and the Hennepin County Regional Railroad Authority, extending the grant activity period from June 30, 2022, to December 31, 2022, with no increase to the maximum grant amount of $878,080,704; that following review and approval by the County Attorney’s Office, the Chair of the Board be authorized to sign the amendment on behalf of the County; and that the Controller be authorized to disburse funds as directed; and

BE IT FURTHER RESOLVED, that the Hennepin County Board approvals herein do not waive any obligations of the Metropolitan Council under any relevant agreement.

Background:

Through Resolution 17-0207, adopted on June 13, 2017, the County approved the assumption of certain unpaid funding commitments for the METRO Green Line Extension Project (CP 1005876) (“Project”), the assumption of the 2017 Capital Grant Agreement (Counties Transit Improvement Board #01-2017-01/Met Council #17I007) (CTIB Grant Agreement) with the Metropolitan Council (“Council”) for the Project, and the imposition of the 0.5% sales and use tax and $20 motor vehicle excise tax that are the primary sources of funds for Hennepin County contributions to the Project. Through these and other actions, Hennepin County agreed to take responsibility for the remainder of the 30% share of project funding formerly committed by the Counties Transit Improvement Board (“CTIB”) and the remainder of the 10% share formerly anticipated from the State of Minnesota. The Hennepin County Regional Railroad Authority (“HCRRA”) provided funding for the Project, as well, under separate grant agreements. 
 
On May 31, 2018, the County adopted Resolution 18-0222, committing County funding to the Project in an amount up to $592,953,000, in addition to the CTIB contribution. Resolution 18-HCRRA-0027, adopted on May 31, 2018, committed HCRRA funding in an amount up to $199,548,000. All CTIB funds have now been paid to the Project. The total CTIB contribution is $218.9 million. The budget for the Project anticipated receiving the additional $928.8 million estimated to be necessary to complete the Project from the Federal Transit Administration (the “FTA”), through a Full Funding Grant Agreement (“FFGA”). On November 15, 2018, the County adopted Resolution 18-0500, committing funding of up to $200.3 million, in addition to the funds committed in Resolution 18-0222, to cover potential cost increases or funding shortfalls. (Resolution 18-0500 was subsequently revised by Resolution 19-0220, adopted May 20, 2019.)
 
Also on November 15, 2018, the County adopted Resolution 18-0499, which among other actions, authorized negotiation of a new grant agreement with the Council and HCRRA, Agreement PR00000689 (“LNTP Grant Agreement”), to replace the amended CTIB Grant Agreement and to be the sole funding source for all Project activities through the end of August 2019. On the same day, HCRRA adopted Resolution 18-HCRRA-0056, likewise authorizing the negotiation of the LNTP Grant Agreement to replace the existing HCRRA grant agreement. 
 
The LNTP Grant Agreement was then negotiated and executed, with a not to exceed amount of $434,901,943 in total funds from the County (up to $347,921,554) and HCRRA (up to $86,980,389). The funded activities included civil construction work authorized by the FTA, any pre-award authority activities requiring and receiving prior approval by the Hennepin County and HCRRA boards, and ongoing overhead expenses and other professional services related to the Project. 
 
The LNTP Grant Agreement has since been amended seven times. On August 27, 2019, the County adopted Resolution 19-0363, which approved Amendment 1 to the LNTP Grant Agreement. Amendment 1 extended the grant activity period from August 31, 2019 to September 30, 2019 with no increase to the grant amount. On the same day HCRRA adopted Resolution 19-HCRRA-0037, likewise approving the negotiation of Amendment 1. 
 
On September 17, 2019, the County adopted Resolution 19-0368, which among other approvals, authorized negotiation of Amendment 2 to the LNTP Grant Agreement. Amendment 2 extended the grant activity period from September 30, 2019 to March 31, 2020, increased the maximum grant amount by $118,554,954 for a new total not to exceed amount of $553,456,897, allowed use of project funds for certain freight rail expenses, incorporated an itemized project budget, and required mutual agreement on changes to the itemized project budget. The additional funds provided under Amendment 2 included up to $94,843,963 from the County and $23,710,991 from HCRRA. On the same day, HCRRA adopted Resolution 19-HCRRA-0038, likewise approving the negotiation of Amendment 2. 
 
On March 10, 2020, the County adopted Resolution 20-0089R1 authorizing negotiation of Amendment 3 to LNTP Grant Agreement. Amendment 3 extended the term through June 30, 2020 and increased the maximum grant amount by $49,338,784 for a total not to exceed amount of $602,795,681. The increase included $39,471,026 in funds from Hennepin County and $9,867,757 in funds from HCRRA. On the same day, HCRRA adopted Resolution 20-HCRRA-0012, authorizing the negotiation of Amendment 3. 
 
On June 30, 2020, the County adopted Resolution 20-0236, authorizing negotiation of Amendment 4 to the LNTP Grant Agreement. Amendment 4 extended the term through August 31, 2020 and increased the maximum grant amount by $74,969,769 for a total not to exceed amount of $677,765,449. The increase included $68,975,131 in funds from Hennepin County and $5,994,638 in funds from HCRRA. On the same day, HCRRA adopted Resolution 20-HCRRA-0031, authorizing the negotiation of Amendment 4. 
 
On September 1, 2020, the County adopted Resolution 20-0321, authorizing negotiation of Amendment 5 to the LNTP Grant Agreement. Amendment 5 extended the term through November 30, 2020, with no increase to the not to exceed amount of $677,765,449. On the same day, HCRRA adopted Resolution 20-HCRRA-0039, authorizing the negotiation of Amendment 5. 
 
On September 12, 2020, the Metropolitan Council and the FTA executed a FFGA under which the FTA will provide $929 million for the Project, the full amount that had been anticipated to be received from the FTA under the Project budget. 
 
On November 17, 2020, the County adopted Resolution 20-0456, authorizing negotiation of Amendment 6 to the LNTP Grant Agreement. Amendment 6 extended the term through January 31, 2022, with no increase to the not to exceed amount of $677,765,449. On the same day, HCRRA adopted Resolution 20-HCRRA-0052, authorizing the negotiation of Amendment 6. 
 
On August 3, 2021, the County adopted Resolution 21-0297, authorizing negotiation of Amendment 7 to the LNTP Grant Agreement. Amendment 7 increased the maximum  grant amount by $200,315,255 for a new maximum grant amount of $878,080,704, and extended the grant activity period to June 30, 2022. On the same day, HCRRA adopted Resolution 21-HCRRA-0039, authorizing the negotiation of Amendment 7. The maximum grant amount approved in Amendment 7 included all funds committed in Resolutions 18-0222, 18-HCRRA-0027, and 18-0500.

This Resolution would authorize negotiation of Amendment 8 to the LNTP Grant Agreement, to extend the term of the grant to December 31, 2022, with no increase to the not to exceed amount.

Through May 31, 2022, Hennepin County has paid approximately $618 million towards its full funding commitment of approximately $792 million. HCRRA has paid its full commitment of approximately $199.5 million. 

 

Current Request: Authorization to negotiate Amendment Number 8 to Agreement PR00000689 with the Metropolitan Council and HCRRA for the METRO Green Line Extension Project, extending the grant activity period to December 31, 2022, with no increase to the maximum grant amount of $878,080,704.
 
Impact/Outcomes: Approval of this request will allow for continued construction activities for the METRO Green Line Extension. 
 
This request aligns with disparity reduction efforts by investing in infrastructure that gives people transportation choices and access to housing, jobs, schools, medical facilities, and recreational areas. 

Recommendation from County Administrator: Recommend Approval