Metro, MWAA agreement on Silver Line

The Metropolitan Washington Airports Authority and Metro reached this agreement that will allow the Silver Line to move closer to the start of passenger service sometime this summer. Metro, MWAA reach agreement they say moves Silver Line toward summer opening

Execution CopyFourth Amendment to theCooperative Agreement between theWashington Metropolitan Area Transit Authority andthe Metropolitan Washington Airports Authority forthe Dulles Corridor Metrorail ProjectThis Fourth Amendment to the Cooperative Agreement (?Agreement?) between theWashington Metropolitan Area Transit Authority and the Metropolitan Washington AirportsAuthority for the Dulles Corridor Metrorail Project (?Fourth Amendment?) is entered into this 23day of April, 2014, by the METROPOLITAN WASHINGTON AIRPORTS AUTHORITYand the WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY(collectively the ?Parties?).Recitals1. MWAA and WMATA entered into a First Amendment to the Agreement on July26, 2010, to address changes to the Agreement regarding the contribution to the cost of design ofthe railcars and other matters.2. MWAA and WMATA entered into a Second Amendment to the Agreement in2011, to address Federal Requirements and other matters.3. MWAA and WMATA entered into a Third Amendment to the Agreement onJanuary 10, 2014, to change the insurance requirements.4. The Parties now wish to amend the Agreement to specify a series of WorkActivities (as de?ned below) that must be completed by MWAA in order for WMATA todeclare ORD (as de?ned below), to specify a series of Work Activities that may be completed byMWAA a?er ORD but must be completed prior to WMATA Acceptance of the Project (asde?ned below) in order for such acceptance to occur, to specify the Work Activities that may becompleted by MWAA following WMATA Acceptance, and to de?ne certain reimbursement,funding and insurance requirements to be met by MWAA.5. In this Fourth Amendment, the following terms have the following meanings:?Project? shall mean Phase 1 of the Dulles Corridor Metrorail Project; shall mean a date,which is anticipated to be approximately three months prior to WMATA Acceptance, on whichWMATA has determined that the Project has suf?ciently satis?ed WMATA operationalreadiness requirements to enable WMATA to accept care, custody and control of the Project;Acceptance? shall have the meaning given the term in the Agreement; ?WorkActivities? shall mean the tasks, decisions, actions and other activities undertaken by MWAA, orby others at the direction of MWAA, as part of the effort to ?nalize construction of the Project;and ?Eligible Costs? shall have the meaning given the term in the Agreement.NOW, THEREFORE, MWAA and WMATA hereby agree to amend theAgreement as follows:Execution CopyI. SAFETYThe Parties acknowledge that nothing contained in this Fourth Amendment willcompromise or reduce the safety requirements for the Project. MWAA acknowledges and agreesthat WMATA will not declare ORD until the Project complies with all applicable safetyrequirements and the activities listed in Attachment 1 have been completed, and that WMATAwill not accept the Project into the Adopted Regional System until WMATA has certi?ed it to besafe for revenue service and all activities listed in Attachment 2 have been completed.II. WORK ACTIVITIES PRIOR TO OPERATIONAL READINESS DATEA. Pursuant to the Agreement, WMATA, as the Project?s ?Intended Future Ownerand Operator,? is to ?determine the (Agreement, page 34). MWAA acknowledges andagrees that, in order for WMATA to make this determination and to declare ORD, the WorkActivities identi?ed in Attachment 1 (?Identi?cation of Work Activities to be Completed Prior tomust be completed and, pursuant to Section II. B., WMATA must concur that they havebeen completed.B. As the individual Work Activities identi?ed in Attachment 1 are completed,MWAA will submit documentation to WMATA that demonstrates their completion. Within ?ve(5) calendar days of its receipt of such documentation, WMATA will either concur that the WorkActivity or Activities addressed in the documentation have been completed or provide MWAA awritten explanation as to why the submitted documentation is unsatisfactory. MWAArecognizes that a failure to address any such explanation and to resubmit the requireddocumentation may delay declaration of ORD.C. In addition to the Work Activities set forth in Attachment 1, WMATA must haveI reviewed and approved the form of the Alstom Contract, which is referenced in Attachment 1,paragraph for the replacement of the Remote Tenninal Units (RTUS) on the Project;provided, that WMATA agrees it will not unreasonably withhold its approval of the contractform. At a minimum, the Alstom Contract must provide for the completion of performance byno later than August 31, 2015, name WMATA as a third-party bene?ciary of the contract, andinclude a retainage provision whereby MWAA will retain no less than ten percentretainage from the contract price to ensure that Alstom timely completes the contract work.MWAA agrees that no retainage will be released to Alstom without prior writtenapproval which shall not be unreasonably withheld.D. WMATA agrees that, upon its concurrence that all Work Activities identi?ed inAttachment 1 have been completed, it will declare ORD and accept care, custody and control ofthe Project.Execution CopyWORK ACTIVITIES AFTER ORD AND PRIOR TO WMATA ACCEPTANCEA. Attachment 2 identi?es certain Work Activities that shall be completed byMWAA in the period between declaration of ORD and WMATA Acceptance.MWAA acknowledges and agrees that WMATA may at its discretion decline to accept theProject into the Adopted Regional System if all of the Work Activities identi?ed in Attachment 2have not been completed and, pursuant to Section B., WMATA has not concurred that allsuch activities have been completed.B. As the Work Activities identi?ed in Attachment 2 are completed, MWAA willsubmit the necessary documentation to WMATA. Within ?ve (5) calendar days of its receipt ofsuch documentation, WMATA will either concur that the Work Activity or Activities addressedin the documentation have been accomplished or provide MWAA a written explanation as towhy the submitted documentation is unsatisfactory. MWAA recognizes that its failure to addressany such explanations and to resubmit the required documentation may delay WMATAAcceptance.C. MWAA acknowledges that the completion of the Work Activities identi?ed inAttachment 2 does not establish that all of the conditions for WMATA Acceptance set out inArticle 6 of the Agreement have been satis?ed, and further acknowledges that all such conditionsmust be satis?ed in order for WMATA Acceptance to occur.IV. WORK ACTIVITIES AFTER WMATA ACCEPTANCEA. Attachment 3 identi?es the Work Activities that may be completed by MWAAfollowing WMATA Acceptance. MWAA agrees to cause the Work Activities identi?ed inAttachment 3 to be completed by the dates set forth in the attachment.B, WMATA reserves the right to complete any of the Attachment 3 Work Activitiesthat are not completed by the dates set out in the attachment, and MWAA agrees to reimburseWMATA for its costs in undertaking such work, as provided in Section V. F. below.V. MWAA REIMBURSEMENTS AND FUNDINGA. MWAA agrees to reimburse WMATA for the Eligible Costs it has incurred inproviding Technical Advisory Services (as de?ned in the Agreement) as a direct result of theProject?s Substantial Completion not being achieved on September 9, 2013. Suchreimbursement shall be pursuant to Article 4, Section 1. of the Agreement.B. MWAA agrees to fund the Eligible Costs WMATA will incur arising from itsassignment of up to two employees, twenty-four hours a day and seven days a week, to monitorthe Horton Remote Terminal Units (RTUS), as referenced in Attachment 1, paragraph during the period between WMATA Acceptance and the date on which WMATA hasdetermined to discontinue the operation of these RTUs. MWAA will pay these costs on aquarterly basis in advance, as provided in Article 4, Section 1.D of the Agreement. WMATAagrees to provide an estimate of these costs to MWAA prior to WMATA Acceptance.Execution CopyC. MWAA agrees to fund the Eligible Costs WMATA will incur in managing thecontract with Alstom Signaling, Inc., as referenced in Attachment 3, paragraph 1. Such fundingshall be pursuant to Article 4, Section 1.D of the Agreement. WMATA agrees to provide anestimate of these costs to MWAA prior to WMATA Acceptance.D. MWAA agrees to fund the Eligible Costs WMATA will incur in providing airconditioning to the Project escalator machine rooms, as referenced in Attachment 1, paragraph 5.Such funding shall be pursuant to Article 4, Section 1.D of the Agreement. WMATA agrees toprovide an estimate of these costs to MWAA within 30 days of WMATA Acceptance.E. MWAA agrees to fund the Eligible Costs WMATA will incur in obtaining thefabrication of, and in installing, the aerial guideway gate access ladders, as referenced inAttachment 2, paragraph 27. Such ?mding shall be pursuant to Article 4, Section 1.D of theAgreement. WMATA agrees to provide an estimate of these costs to MWAA at the time itdetermines to proceed with the fabrication of the ladders.F. In the event that MWAA fails to complete any Work Activities identi?ed inAttachment 3 by the dates set out in the attachment, MWAA agrees to reimburse WMATA forthe Eligible Costs it will incur in completing those Work Activities.VI. INSURANCEMWAA agrees that the insurance coverages described in Article 7, Section 4 of theAgreement will be extended from the Project?s Substantial Completion to WMATA Acceptance.VII. CONTINUING EFFECTThis Fourth Amendment supplements, and amends certain terms and conditions of, theAgreement. All terms and conditions of the Agreement not amended or affected by thisAmendment shall remain in ?ill force and effect. Should there be any con?ict between the termsand conditions in this Fourth Amendment and of the Agreement, First Amendment, SecondAmendment or Third Amendment, the terms and conditions of this Fourth Amendment shallcontrol.EXECUTION IN MULTIPLE COUNTERPARTSThis Fourth Amendment may be executed in multiple identical counterparts, each ofwhich shall constitute an original and all of which shall constitute, collectively, one agreement.Execution CopyIN WITNESS WHEREOF. MWAA and WMATA have executed this FourthAmendment as of the date stated in the first paragraph of the amendment: WITNESS:In I ir\ .WASHINGTON METROPOLITAN AREAHORITY Rich?rd Sarlcs I General Manager/Chief Executive OfficerMETROPOLITAN WASHINGTONAIRPORTS AUTHORITYJohn E. PotterPresident and Chief Executive OfficerExecution CopyAttachment 1 - Performance requirements for the completion of activities required prior to Opera-tional Readiness Date (ORD)1. Priority punchlist Itemsa. The following priority punchlist work shall have been completed and verified byWMATA, with any exceptions noted and agreed to by WMATA:i. Dulles-15409 locks have been provided on rollup doors at Tysons Central 123Stationii. DuI|es?06650 red line waterproofing has been installed at the Wiehle AvenueStationDulles-01787 the station roof drain at the Wiehle Avenue Station has beenconnected to the track drainage systemDulles-02962 the low ballast between ties at N2 563+00 has been addressedv. Dulles-13648 the issue relating to the clearance on the safety walk betweenthe East Vent Structure and the Tysons 123 station has been addressedvi. Du||es?14707 ?the issue relating to the absence of UL labels on dampers hasbeen addressedvii. Dulles-15585 and 155588 the rail head cant defects at N1 to 770+00have been addressedDulles-15591 the incorrect superelevation displays from Sta 699+00 to 765+00have been addressedix. Dulles-15697 through 15700 system approvals from DGS at the fourstations in Tysons Corner have been obtainedb. Site Speci?c Work Plans: MWAA shall have submitted to WMATA Site Speci?c WorkPlans for the work in Attachments 2 and 3 that is to be performed by DullesTransit Partners (DTP) following ORD, which plans shall include a schedule for thecompletion of the work to be performed within the limits of the "revenue system,? asde?ned in the Cooperative Agreement, and (ii) shall have obtained approvalof all such unless the time for any such approval is extended by WMATAc. For each of the four Tysons Corner stations, MWAA has established, as a condition toobtaining Certi?cates of Occupancy, a plan to solve the ?re intrusion alarm systemissues. (See Attachment 2, paragraph 12, for implementation of the plan)2. Safety and Security Certi?cation MWAA shall have accepted Safety Certi?cationdocumentation.3. System Performance Demonstration (SPD) MWAA shall have performed the followingactivities:a. Autodoors, station overruns and skip stops discrepancies have been resolvedb. Loss of speed readouts (LSRO) ?the interlocking software modi?cations and the trackcircuit amplitude adjustments designed to address the ?Loss of Speed Readouts? shallhave been completed and tested, and all related testing shall have been successfullyconcluded4.10.11.12.13.Execution Copyc. Bobbing track circuits: short term four blocking capacitors shall have been installed tothe track circuit at K-98 to address on a short-term basis the interlocking bobbing trackcircuit issue, and subsequent dynamic testing shall have shown that no bobbing circuitswere observed at that location; all MMS panel issues at K-98 shall have been resolvedd. Bobbing track circuits: long term - as a permanent solution to address bobbing trackcircuits, MWAA shall have directed the Contractor to convert the track circuits at K-98,N-91 and N-06 from audio frequency to AC single rail power frequency track circuitsHorton Remote Terminal Units (RTUs) reliability improvementsa. MWAA has demonstrated acceptable improvements in the RTU reliability andavailabilityb. MWAA shall have agreed to fully reimburse all eligible costs incurred by WMATA tomitigate and address RTU downtime. (See Section V. B. of the Fourth Amendment)c. WMATA shall have accepted the Scope of Work to replace the RTUs and the contractcomplies with Section II. C. of the Fourth Amendmentd. MWAA shall have obtained approval from its Board to proceed with a sole source RTUreplacement contract with Alstom Signaling Inc. at the Project's expenseEscalator machine room temperature MWAA shall have agreed to fund all eligible expensesincurred by WMATA to air condition all the escalator machine rooms not currently airconditioned (See Section V. D. of the Fourth Amendment)Ceiling intersection guard for escalators MWAA shall have completed and veri?ed this work.Reclosure of the traction power gap breaker MWAA shall have tested and validated proposedsolution at one location (TPSS7) and WMATA will have accepted the solution for itsimplementation in the rest of the systemTrack tight gauge MWAA has satisfied requirements stated in letter WMATA-371and ?eld work has been completed and veri?ed as acceptable by WMATAHeat tape testing MWAA shall have successfully completed all heat tape testing and WMATAshall have verified that the work is acceptablePavilion entrances work - MWAA shall have completed the temporary enhancement work atthe entrances of the pavilions (See Attachment 3, paragraph 5 for permanent work)Certi?cates of Occupancy (CO) - MWAA shall have provided to WMATA a Certi?cate ofOccupancy or Temporary Certi?cate of Occupancy (TCO) issued by the Virginia Department ofGeneral Services (DGS) or Fairfax County for each Project facility and structure requiring anoccupancy certi?cate. In the case of Temporary Certificates of Occupancy, MWAA shall haveprovided WMATA with a detailed description of the TCO conditionsElevator Piston Inspection - MWAA shall have inspected all elevators to con?rm that there areno additional oil leaks or issuesTo the extent not already provided in the items above, MWAA shall have provided a schedule toWMATA for the completion of the Work Activities listed in Attachment 2Execution CopyAttachment 2 - Performance requirements for the completion of activities required prior to WMATAAcceptance1. Punchlist a. MWAA shall have caused all outstanding items on the punchlist relating to transit-related facilities (as defined in the Cooperative Agreement) to be completed, exceptthose items that WMATA has agreed may be completed following WMATA Acceptanceb. MWAA shall have provided a schedule for the completion following Acceptance of alloutstanding punchlist items outside the limits of the revenue system and for thecompletion of the Work Activities in Attachment 32. Safety and Security Certi?cation a0MWAA shall have provided to WMATA safety certi?cation documentationdemonstrating that all open SCIL items have been closedMWAA shall have provided to WMATA documentation demonstrating that all openhazards and vulnerabilities contained in the open items list have been closed ormitigated3. Bobbing track circuit 3.MWAA shall have installed two blocking capacitors to the track circuit at N-91 and fourto the track circuit at N-06 to address on a short-term basis the interlocking bobbingtrack circuit issue, and subsequent dynamic testing shall have shown that no bobbingcircuits were observed at those locationsMWAA shall have executed the design and installation contract to implement thepermanent solution described in Attachment 3, paragraph 74. Horton RTU reliability improvements MWAA has executed the RTU replacement contract withAlstom in conformance with the requirements of Section II. C. of the Fourth Amendment within60 days of ORD5. Traction Power issues resolved to satisfaction Reclosure of the traction power gap breaker MWAA shall have implemented andsuccessfully tested and verified the solution for the reclosure of the traction power gapbreaker at all locations other than TPSS7 and the work has been accepted by WMATA"No load voltage? MWAA shall have fixed the "no load voltage? to not exceed 780 per WMATA Design CriteriaTransformer Taps MWAA shall have provided the right tap on the Recti?erTransformers to meet the specification requirements and changed the transformer tapto give the correct DC output voltage on no loadCable shield MWAA shall have resolved the cable shield monitoring variation in theresistance of the cables by bringing within toleranceRelay Coordination Study - WMATA shall have accepted the relay coordination studythat MWAA has delivered to itThe West Falls Church Yard Panel (WFCY) MWAA shall have delivered the WFCY mimicpanel to WMATA10.11.12.13.14.15.16.17.18.19.20.21.Execution CopyCerti?cates of Occupancy MWAA shall have obtained and provided a copy to WMATA of a?nal Certi?cate of Occupancy for each facility or structure as to which a Temporary Certi?cate ofOccupancy had been issued on or before ORDTraction Power RTUs MWAA shall have developed a solution, which is acceptable to WMATA,to the RTU communications issue? referenced in the attachment to letter WMATA 334 (SeeAttachment 3, paragraph 2)Elevator/Escalator maintenance contract MWAA has executed the contract option availableunder the contract which provides two years of elevator/escalator maintenanceservice to this contract will be assigned to WMATA prior to WMATA AcceptanceK-98 fence and Intrusion Detection Warning (IDW) MWAA shall have completed and veri?edthe installation of permanent fencing, including necessary modifications to the IDW system atthe junction of the Orange (K Line) and the Silver (N Line)Tysons Corner Station Elevator #4 MWAA shall have completed the elevator shaft and pistonreplacement at Tysons Corner StationExpansion joints MWAA shall have completed the repair of all expansion joints at pedestrianbridges and stationsFire Intrusion Alarm Speaker replacement MWAA shall have completed theinstallation and testing of all replacement FIA speakers at the stations to meet the DGScerti?cation requirements; the rollover to Verizon line has been tested; and integrated testing ofthe FIA system has been completed at all locations to demonstrate it performs according to thecontract requirementsPainting/grounding of tunnel handrail MWAA shall have completed the painting/grounding ofthe handrail in the Route 7-123 tunnel and verified this workAutomatic Train Control (ATC) vital relays recerti?cation MWAA shall have recerti?ed all ATCrelays within the 120-day period running from the 60"? day prior to declaring SubstantialCompletion to the 60"? day following such declarationPonding at stations - MWAA shall have corrected the ponding at all stations, as identi?ed in thecurrent punchlistLeaking at stations MWAA shall have fixed the leaks at all stations, as identi?ed in the currentpunchlistRadio Coverage - MWAA shall have provided radio coverage at all stations, wayside facilities,Route 7-123 tunnel, WFCY yard lead, and sound cover boxLeaky Coaxial Cable in Tunnel - MWAA shall have completed replacement of the Route 7-123tunnel non-compliant radiax/coaxial cable in a manner that satis?es all requirements of theVirginia Department of General Services and WMATACable shrouds MWAA shall have completed and verified this work, as identi?ed in the currentpunchlistAccess ladders MWAA shall have completed the installation of all required access ladders andthe construction of pull off areas along the Project's alignmentTransfer of assets to WMATA MWAA shall have transferred to WMATA the facilities, structuresand other property making up the completed Project in accordance with any agreed uponprocedures between MWAA, WMATA and the Federal Transit Administration22.23.24.25.26.27.28.29.30.Execution CopyATC ground detectors MWAA shall have replaced all (13) ground detectors identi?ed to bereplaced on letter with new equipmentEmergency generator receptacles MWAA shall have replaced the receptacles at the FisherAvenue TPSS and at all Tie Breaker Stations with 100A receptacles (Model andprovided two adapters for use at the remaining 6 TPSS locations as detailed in WFCY yard tower emergency switch - MWAA shall have installed and tested the switchDerailer #13 at Wiehle Avenue MWAA shall have completed the logic change associated withthe reverse operations of this switchSpare parts MWAA shall have delivered all spare parts as noted in the master spare list to theWMATA warehouse and as veri?ed by WMATAAerial guideway access gate ladders MWAA shall have provided Professional Engineerstamped detail and have agreed to fund all eligible costs incurred by WMATA to fabricate andinstall these ladders (see Section V. E. of the Fourth Amendment)?ber optic cable MWAA shall have retested the fiber optic cable and WMATA shallhave approved the testO&M-related deliverables MWAA shall have delivered to WMATA the special tools, operationsand maintenance manuals, and other property necessary to operation andmaintenance of the completed Project locks, keys), as provided in Article 6, Condition 5 ofthe Cooperative Agreement. In the event WMATA believes that property necessary for itsoperation and maintenance activities has not been delivered, it will notify MWAA, and theparties will in good faith address whether the property is within the scope of Condition 5. If it ismutually determined that the property falls within the condition?s scope, MWAA will make itsbest effort to deliver the property to WMATA within 30 days after noti?cation by WMATA.Document deliverables MWAA shall have delivered to WMATA the following documentationrequired to satisfy the requirements of the Rail Activation Plan:a. Final test reports for all the Project systems, including but not limited to traction power,automatic train control, communications, auxiliary power, System PerformanceDemonstration, fire and intrusion alarm system, public address system, drainage systemflow and sump pump operations, domestic water and sewage ejector systems, flow testfor ?re protection, track drainage reports and videosb. Final hard copies of manuals, including updates showing late changes to ?realarm and communications systemsc. Completed compliance verification matrix and all referenced documentsAll as-built documentsAll warranty documents, including roofing warranties on all facilitiesExecution CopyAttachment 3 - Activities extending beyond WMATA Acceptance1.Alstom contract MWAA shall have designated WMATA as the manager of this contract (seeAttachment 2, paragraph 4b) by August 15, 2014Traction power RTUs MWAA shall have implemented the solution, referenced in Attachment2, paragraph 7, to the traction power RTU communications issue by September 30, 2014Art in transit MWAA shall award one or more contracts for the installation of art at the ?vestations and shall have completed all installations by June 30, 2015Punchlist MWAA shall have completed the remaining punchlist items by the 90"? day followingWMATA AcceptancePavilion entrances work MWAA shall have completed the permanent enhancement work atthe entrances of the pavilions by August 31, 2014Derailer #13 at Wiehle Avenue - MWAA shall have delivered to WMATA, by September 30,2014, the point detector rod for installation at this locationBobbing track circuits - MWAA shall have completed the implementation of the permanentsolution of converting the track circuits at K-98, N-91 and N-06 from audio frequency to ACsingle rail power frequency track circuits by December 15, 2014 (see Attachment 2, paragraph3b), and subsequent dynamic testing shall have shown that no bobbing on the K-98 or N-linetrack circuits was observed