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II. Assessment of progress in getting federal and state funding <br /> Here is suggested language, adding benchmarks and also adding state funding to the <br /> assessment process. <br /> 10. (second number 10). Eight years after the date of execution of this Agreement, the Parties <br /> agree to assess if the New Starts application for the LRT project in the Plan is still in the <br /> federal pipeline for New Starts rail projects and making reasonable progress to receive federal <br /> funding. The rate of progress will be measured by the following benchmarks and timelines: <br /> (1) whether the project has already been allowed to enter Preliminary Engineering (2 to 3 years <br /> after submission of the New Starts application), whether the project has already been issued a <br /> Record of Decision (additional 2 to 3 years), and the rate of progress being made toward <br /> receiving a Full Funding Grant Agreement (additional 3 to 4 years after receiving the Record of <br /> Decision). If not, the Parties agree to work collaboratively to develop an Alternative Bus and <br /> Rail Investment Plan which reflects this fact and sets out revised funding for transit projects <br /> and services. <br /> At the same time, there will be a similar assessment of whether the project is making <br /> reasonable progress toward receiving a State Full Funding Grant Agreement. If not, the Parties <br /> also agree to work collaboratively to develop an Alternative Bus and Rail Plan, as specified <br /> above for federal funding. <br /> III. Definition of"material" change. <br /> In section 12 of the agreement, definitions of material changes are given for several categories <br /> of revenues or costs. These definitions are given as percentages. <br /> The pie charts in Appendix A of the BRI Plan show the dollar amounts for costs and revenues. <br /> A comparison of section 12 with Appendix A appears to show that the dollar amounts for a <br /> material change could vary between $300,000 and almost $42 million. It would be prudent to <br /> recognize dollar amounts, or at least use smaller percentages for large dollar amounts. <br /> Here are the rough estimates for the five categories, along with total dollar amounts. Also <br /> given are the amounts that would be defined as a material change, given the percentages that <br /> are specified. All of these numbers would need to be verified by staff, and are given here for <br /> illustrative purposes. <br /> (A) Total revenues = $706.0 million 5% _ $35.3 million <br /> (B) LRT capital cost = $418.3 million 10% _ $41.8 million, 5% _ $20.9 million <br /> (C) LRT operating cost = $59.1 million 5% = about $3 million ($2.955 million) <br /> (D) Overall funds for bus service. This would appear to combine the costs for <br /> several categories: MLK bus lanes ($24.5 million), bus operations ($106.8 million), buses <br /> ($17.6 million), and bus capital projects ($6.7 million). <br /> The total amount is $155.6 million. If that total is correct, 5% _ $7.78 million <br />