Purple Line Full Funding Grant Agreement
Purple Line Full Funding Grant Agreement
Purple Line Full Funding Grant Agreement
0
U.S. Department Executive Director 1200 New Jersey Avenue, SE
of Transportation Washington, DC 20590
Federal Transit
Administration
I am pleased to advise you that the Maryland Mass Transit Administration's (MTA) application
for a Full Funding Grant Agreement (FFGA) for the Maryland National Capital Purple Line (the
Project) has been approved. The total Project cost is $2,407,030,286 with $900,000,000 in
Section 5309 Capital Investment Grants program New Starts funds. The balance of funds
totaling $1,507,030,286 will come from the following sources: $36,000,000 from FTA Section
5307 Urbanized Area Formula Grant funds, $450,308,633 in Maryland Transportation Trust
Funds (TTF), and $1,020,721,653 in private equity and funds borrowed by a public-private
partnership (P3) concessionaire, including a Transportation Infrastructure Finance and
Innovation Act (TIFIA) loan. The P3 concessionaire has been approved for a TIFIA loan in the
amount of $874,595,239 to finance the Project, which will be repaid by availability payments it
receives from MTA from the TTF under a 36-year contract to design, build, finance, operate, and
maintain the Project.
The FFGA sets forth the scope of the undertaking that will be constructed using Federal and
local funds and the mutual understandings, terms, and conditions that will govern the Project.
Enclosed are copies of the Approved Project Budget and four counterparts of a Notification of
Grant Approval executed on behalf of this Administration. Instructions that you should follow in
executing these counterparts are included. Grant number MD-20 16-005-00 must be executed in
the Federal Transit Administration's Transit Award Management System (TrAMS).
If you have any questions regarding the enclosed materials, please contact Ms. Terry Garcia
Crews, Regional Administrator, at (215) 656-7100.
Sincerely yours,
Matthew J. Welbes
Enclosures
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MD -2016-005-00
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ATTACHMENTS
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On the date the authorized U.S. Department of Transportation, Federal Transit Administration
(FTA) official signs this Full Funding Grant Agreement, the Government (FTA) has Awarded
Federal assistance in support of the Project described below. Upon Execution of this Full
Funding Grant Agreement by the Grantee named below, the Grantee affirms this Award by the
Government (FTA Award), and enters into this Full Funding Grant Agreement with FTA. The
following documents are incorporated by reference and made part of this Full Funding Grant
Agreement:
(1) "Federal Transit Administration Master Agreement," FTA MA(23), October 1, 2016;
(2) The Certifications and Assurances applicable to the Project that the Grantee has selected and
provided to FTA; and
(3) Any Award notification containing special conditions or requirements, if issued.
FTA AWARD
_______________________
MD -2016-005-00 July 22, 2016
Project Description:
The Maryland National Capital Purple Line Project consists of a 16.2 -mile east-west light rail
transit (LRT) line that will extend from the Bethesda Metrorail Station in Montgomery County to
the New Carrollton Metrorail Station in Prince George's County. The Project will connect both
branches of the Washington Metropolitan Area Transit Authority (WMATA) Metrorail Red Line,
at Bethesda and Silver Spring, the Green Line at College Park, and the Orange Line at New
Carrollton. It will also connect to all three Maryland Area Rail Commuter (MARC) lines, local
and regional bus systems, and Amtrak's Northeast Corridor.
The scope of the project includes right-of-way; preliminary and final design; environmental
mitigation; community relations; safety and security certification; start-up, training and testing
for revenue service. The project scope also includes train control and signals, traffic controls,
communications, traction power supply and distribution, and fare collection systems and
equipment.
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WHEREAS, the Grantee has determined through its local planning process that construction of
the Maryland National Capital Purple Line Project (hereafter, the "Project") will effectively and
efficiently serve the transportation needs of the cities, townships, and counties in Montgomery
County and Prince George's County, Maryland.
WHEREAS, the Grantee has developed a Financial Plan, as herein defined, using a combination
of local, state, private, and Federal funds to finance the costs of the Project and, in accordance
with its plan, has requested a Grant, as herein defined, of Federal financial assistance in the
Project.
WHEREAS, the Government has determined to enter into this Agreement and to support final
design and construction of the Project up to a Maximum Federal New Starts Financial
Contribution of $900,000,000, subject to all the terms and conditions set forth in this Agreement.
WHEREAS, the Grantee has submitted its request for Federal assistance (the Application) and
the Government has received and is relying upon the Grantee's assurances, certifications, and all
other documents required as conditions precedent to a Grant of assistance by the Government for
the Project; and, in its submissions, the Grantee has demonstrated justification for the Project,
has demonstrated its financial, organizational, legal and technical capacity as is necessary to
Complete the Project within the maximum amount of Federal assistance set forth in this
Agreement, and has demonstrated the capability to secure non -Federal funds as may be
necessary for such completion.
WHEREAS, the Government has determined that the Project is justified based on a
comprehensive review of its mobility improvements, environmental benefits, cost effectiveness,
land use, economic development effects, and congestion relief; the Project is supported by
policies and land use patterns that promote public transportation, including plans for future land
use and rezoning, and economic development around public transportation stations; and the
Project is supported by an acceptable degree of local financial commitment, including evidence
of stable and dependable financing sources to construct, maintain, and operate the Project.
WHEREAS, the Government and the Grantee have agreed that their respective duties and
responsibilities as related to the completion of the Project shall be determined by and under the
terms and conditions of this Agreement and have agreed that this Agreement shall be recognized
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as the sole understanding between the Government and the Grantee in consideration of the
mutual promises as set forth in this Agreement.
THEREFORE, in consideration of the above and the parties' mutual promises as set forth in
this Federal Transit Administration Full Funding Grant Agreement, the Grantee and the
Government agree to the specific terms, conditions, and provisions set forth in this entire
Agreement including, in particular, the specific terms of the following Sections and Attachments:
SECTION 1. DEFINITIONS
"Agreement" means this Federal Transit Administration Full Funding Grant Agreement (FFGA)
and consists of all parts and documents listed in Section 20 of this Agreement, "Contents of
Agreement," and will include all future addenda, substitutions, modifications and amendments as
and when legally executed and effective. This definition supersedes the definition of "Grant
Agreement" set forth in Section 2.a of the Federal Transit Administration Master Agreement
(Master Agreement), incorporated by reference and made part of this Agreement.
"Application" means those documents and written submissions filed by or on behalf of the
Grantee pursuant to its request for Federal financial assistance for support of the Project and
relied upon by the Government as satisfaction of the legal and policy requirements of Grant
award. The Application includes all explanatory, supporting, or supplementary documents
related to the Project that the Government relied upon in its determination to obligate and award
Federal funds for the Project. This definition is intended to supplement the definition
"Application" set forth in Section 2.a of the Master Agreement, incorporated by reference and
made part of this Agreement.
"Baseline Cost Estimate" means the Application document described in Section 13 of this
Agreement and set forth in Attachment 3. The requirements of the Baseline Cost Estimate are
set forth in FTA Circular 5200.1A, "Full Funding Grant Agreements Guidance," as may be
revised from time to time. The Baseline Cost Estimate reflects the total anticipated cost of the
Project as of the Date of this Agreement.
"Complete the Project" means to accomplish all of the scope and activities of the Project as
described in Attachment 1, "Scope of the Project," and Attachment 2, "Project Description."
"Date of this Agreement" means the date the Government awards this Full Funding Grant
Agreement.
"Estimated Net Project Cost" means the amount that is calculated by subtracting the cost that
can reasonably be financed from the Grantee's revenue from the total anticipated cost of the
Project as reflected in the "Baseline Cost Estimate," Attachment 3 to this Agreement. The
Estimated Net Project Cost is set forth in Section 7 of this Agreement.
"Financial Plan" means the plan accepted by the Government as part of the Application process
describing the Grantee's financial condition and capability to complete the Project and to
maintain and operate the Project together with its existing transit system. It includes all
explanatory, supporting and supplementary documents, commitments, and agreements accepted
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"Government" means the United States of America, acting through the Federal Transit
Administration of the United States Department of Transportation.
"Grant(s)" means, in singular and plural forms, the obligation and award of Federal financial
assistance by the Government pursuant to the laws codified at 49 U.S.C. Chapter 53.
"Local Share" means that portion of the Grantee's local financial commitment that is the
Grantee's legally required share of the Net Project Cost.
"Master Agreement" means the standard terms and conditions applicable to recipients of
Federal financial assistance from the Government. It is updated and published annually. It is
incorporated by reference and made part of this Agreement and identified in Federal Fiscal Year
2017 by FTA Form MA(23) (October 1, 2016).
"Maximum Federal New Starts Financial Contribution" means the limit of Federal capital
New Starts financial participation in the Project. The amount of the "Maximum Federal New
Starts Financial Contribution" is set forth in Section 8 of this Agreement, "Limitations of the
Federal Funding Commitment," and is only a portion of the total Federal financial contribution
for the Project.
"Maximum FTA Amount Awarded" means the total amount of Federal funds from all sources
administered by FTA and awarded for the Project, regardless of source, and available to the
Grantee.
"Net Project Cost" means the cost of the Project that cannot reasonably be financed from the
Grantee's revenues.
"Project" means the transititransportation improvements the Grantee has promised to implement
as a condition of its Full Funding Grant. A description of the Project is set forth in
Attachment 1, "Scope of the Project." Activities to carry out the project scope are set forth in
Attachment 2, "Project Description."
"Project Costs" means all costs eligible for Federal financial participation under the terms of
this Agreement and consistent with the cost principles set forth in Section 7 of the Master
Agreement, "Payments."
"Recovery Plan" means a plan developed by the Grantee, and accepted by the Government,
whereby the Grantee will take every reasonable measure to minimize any delay in achieving the
baseline schedule set forth in Attachment 4 to this Agreement (the Baseline Schedule) and
eliminate or otherwise mitigate [recover] any increase in the total project costs as currently
estimated, as compared to the total project cost identified in Attachment 3 to this Agreement (the
Baseline Cost Estimate).
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"Revenue Service Date" means the date certain upon which the Grantee shall commence
revenue operations of the Project as defined in Section 5 of this Agreement.
SECTION 2. PURPOSES OF AGREEMENT
(a) provide Federal financial assistance to the Grantee in the form of this Full Funding Grant
and possible future awards of financial assistance as contemplated under this Agreement, not
to exceed the Maximum Federal New Starts Financial Contribution for the Project, as is and
may be awarded under this Agreement and the laws codified at 49 U.S.C. Chapter 53 for
purposes that are consistent with those statutes, implementing regulations, and other
applicable laws and regulations;
(b) describe the Project and set forth the mutual understandings, terms, conditions, rights and
obligations of the parties related to implementing the Project, the future management and
operation of the Project, and the manner in which Project real property and equipment will
be used;
(c) establish the Maximum Federal New Starts Financial Contribution for the Project, and the
manner in which all future Federal funds for the Project, if any, will be awarded and
released to the Grantee;
(d) establish the Grantee's financial commitment to the Project including its obligation to fund
the Local Share, its obligation to Complete the Project with a specified amount of Federal
assistance, its obligation to achieve revenue operation of the Project by a specified date, its
obligation to pay all costs necessary to Complete the Project that are in excess of the
Estimated Net Project Cost, and its obligation to finance the future maintenance and
operational costs of the Project; and
(a) The Government's laws, policies and procedures require the completion of a project
development process and environmental review prior to the Award and Execution of this
Agreement. Prior Grants of Federal assistance awarded by the Government for this project
development process are described in Attachment 5 to this Agreement. These Grants, and
any other documents that are described in Attachment 5, including Letters of No Prejudice,
are incorporated by reference and made part of this Agreement, except for the terms and
conditions thereof specifically superseded by this Agreement. Further, in executing this
Agreement, the Grantee assures that the certifications and assurances made by the Grantee
or on behalf of the Grantee or by a third party, upon which the Government relied in these
prior actions, were made to the Government in good faith and to the best of the Grantee's
knowledge and belief, and that the Grantee has no present knowledge of facts or
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(b) This Agreement does not discharge or rescind any of the terms, conditions, or obligations
established under the documents set forth in Attachment 5 unless specifically stated
otherwise herein. Further, the terms, conditions and obligations of this Agreement take
precedence over the provisions of all prior agreements related to the Project between the
Grantee and the Government and will be controlling for all actions related to the Project
taken after the Date of this Agreement, unless specifically stated otherwise herein.
(c) No amendments will be sought or approved to increase the amount of funds in the prior
Grants listed in Attachment 5 beyond the amounts described in this Agreement as available
to the Project.
(a) The Government has no obligation to provide any financial assistance for the Project beyond
the Maximum Federal New Starts Financial Contribution. If the total Federal funding
provided under Section 8 of this Agreement, "Limitations of Federal Funding
Commitment," is insufficient to undertake revenue service of the Project and the subsequent
activities necessary to Complete the Project, the Grantee agrees to Complete the Project and
accepts sole responsibility for the payment of any additional costs (overruns).
(b) If at any time during its efforts to Complete the Project the Grantee determines that the total
Project Cost will exceed the Baseline Cost Estimate, the Grantee must immediately notify
the Government of the amount of the difference and the reasons for the difference. Further,
the Grantee must provide the Government with a Recovery Plan that demonstrates the
Grantee is taking and will take every reasonable measure to eliminate [recover] the
difference between the total Project Cost and the Baseline Cost Estimate. Insofar as any
difference between the total Project Cost and the Baseline Cost Estimate cannot be
eliminated [recovered], the Grantee must secure and provide such additional resources as are
necessary to meet the additional costs and expeditiously complete the Project without further
financial assistance from the Federal capital New Starts program. Further, in its Recovery
Plan, the Grantee must identify the sources of funds it will draw upon to meet the additional
costs and cover the difference between the total Project Cost and the Baseline Cost Estimate.
(a) The Grantee agrees and promises to achieve revenue operations of the Project on or before
December 31, 2022, the Revenue Service Date, in accordance with the terms and conditions
of this Agreement.
(b) The Revenue Service Date is a significant term of this Agreement. The Grantee's failure to
achieve the operational functions of the Project on or before the Revenue Service Date will
constitute a breach of this Agreement. Upon the Grantee's request, the Government may
determine at its sole discretion to waive a breach or an anticipatory breach of this Agreement
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and to extend the Revenue Service Date if there is an unavoidable delay in achieving the
operational goals of the Project resulting from an event or circumstance beyond the control
of the Grantee, or if the Government determines that allowing the delay is in the best interest
of the Government and the success of the Project. Requests by the Grantee for waiver of a
breach or anticipatory breach of this Agreement and extension of the Revenue Service Date
for the reasons set forth herein shall be submitted promptly, with appropriate documentation,
to the Government. In the exercise of its discretion to waive the breach and extend the
Revenue Service Date, the Government will take into consideration the actions and
measures taken by the Grantee to ensure adherence to its promise to achieve the operational
goals of the Project on or before the scheduled Revenue Service Date.
(c) Delays in appropriations of funds from Congress shall not constitute a basis for extension of
the Revenue Service Date.
(d) The Government's consent to extend the Revenue Service Date pursuant to Paragraph (b) of
this Section 5 does not constitute a basis for additional Federal financial assistance beyond
the Maximum Federal New Starts Financial Contribution.
(e) Set forth in Attachment 1 to this Agreement, "Scope of Project," are the hours of service and
headways the Grantee will maintain once the Project is opened to Revenue Service and for
no less than five (5) years thereafter. These specified Levels of Service are a significant
term of this Agreement. The Grantee's failure to achieve and maintain these Levels of
Service at the Revenue Service Date and for five (5) years thereafter will constitute a breach
of this Agreement. Upon the Grantee's request, the Government may determine in its sole
discretion to waive a breach of the Grantee's obligation to maintain these specified Levels of
Service for events or circumstances beyond the control of the Grantee, or if the Government
determines that a waiver is in the interests of the United States. In the exercise of its
discretion whether to waive a breach of the specified Levels of Service, the Government will
take into consideration the actions and measures taken by the Grantee to achieve and
maintain the operational goals of the Project and the Grantee's entire public transportation
system for at least five (5) years beyond the opening of the Project to Revenue Service.
(a) This Grant is to assist in the payment of actual eligible costs within the scope of the Project
under this Agreement, minus any amount that can reasonably be financed from revenues of
the Grantee, the Net Project Cost. If the funds awarded under this grant exceed the amount
necessary to finance the Federal share, those excess funds are not available to the Grantee
for payment of costs beyond the scope of this Project supported by this Grant.
(b) In accordance with the FTA Master Agreement, a refund or reduction of the Grantee's Local
Share of the Net Project Cost requires a refund to the Government of a proportional amount
of the Federal financial assistance provided under this Agreement.
(c) The portion of the Net Project Cost that may be financed by the Government with capital
New Starts funds may not exceed the amount of the Maximum Federal New Starts Financial
Contribution for this Project as stated in Section 8 of this Agreement, "Limitations of the
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(a) The Government's determination to provide financial assistance for the Project is based, in
significant part, upon the Grantee's estimated costs as set forth in the "Baseline Cost
Estimate," Attachment 3 to this Agreement. The Estimated Net Project Cost reported in
Attachment 3 is $2,407,030,286. -
(b) The Estimated Net Project Cost financed with the Execution of this Agreement is limited by
the amount of the Maximum FTA Amount Awarded. The amount of the Estimated Net
Project Cost and the amount of the Maximum FTA Amount Awarded are stated in the first
page of this Agreement. The amount reimbursable by the Government is limited to the
lesser of either the amount of the Maximum FTA Amount Awarded or the maximum
percentage of FTA participation permitted by Federal law and regulations. Additional funds
will not be provided until a Grant amendment awarding additional funds and amending this
Full Funding Grant Agreement is executed.
SECTION 8. LIMITATIONS OF THE FEDERAL FUNDING COMMITMENT
(a) With its Award set forth in this Agreement, the Government obligates $200,000,000 for a
total award of $203,000,000 in Federal capital New Starts financial assistance for the
Project. The sources of this Federal financial assistance are set forth in the "Project
Budget," Attachment 3A. These funds are in addition to all previous Federal financial
commitments to the development of the Project as set forth in the schedule of "Prior Grants
and Related Documents," Attachment 5 of this Agreement.
(b) (1) With its Award set forth in this Agreement, the Government acknowledges its intent to
provide Federal capital New Starts financial assistance for the Project in addition to the
amount set forth in Paragraph (a) of this Section 8. The amount of additional capital New
Starts funds the Government may provide will not exceed $697,000,000. The anticipated
sources of Federal financial assistance in this amount are listed in Attachment 6 to this
Agreement, "Schedule of Federal Funds for the Project." Additional funds obligated
pursuant to this Paragraph will be subject to all the terms, conditions and obligations
established by this Agreement. Accordingly, it is expected that the award of additional
funds will be processed through amendments to this Agreement.
(2) The award by the Government of additional Federal capital New Starts financial
assistance to the Project under Paragraph (b)( 1) of this Section 8 is subject to the following
limitations:
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(B) the Grantee's continued performance under the terms arid conditions of this
Agreement.
(c) The Maximum Federal New Starts Financial Contribution for this Project under the capital
New Starts category of funds is limited to $900,000,000 which is the sum of the amounts set
forth in Paragraphs (a) and (b)(l) of this Section.
The Maximum Federal New Starts Financial Contribution specified in Section 8(c) of this
Agreement does not include funds other than from the capital New Starts program under
49 U.S.C. Chapter 53. Should such other Federal funds be provided for the Project in addition to
the Federal capital New Starts funds set forth in Attachment 6 of this Agreement, the limitation
on the Federal funding commitment set forth in Section 8 of this Agreement shall not apply to
those funds. Accordingly, such additional funds shall be excluded from the calculation of
Maximum Federal New Starts Financial Contribution. Funds awarded pursuant to this Section
will be subject to all other terms, conditions and obligations set forth in the Agreement.
SECTION 10. LOCAL FINANCIAL COMMITMENT-CAPITAL COSTS
(a) As a condition of the Government's Award of this Full Funding Grant, the Grantee has
developed and adopted a Financial Plan for financing all Project Costs necessary to
complete the Project. In addition to the amount of Federal funds requested, the Financial
Plan includes a statement identifying the State, local and private sources of funding and the
amount of funds available for and committed to the Project from each such source. This
Financial Plan, as accepted by the Government, with the supporting documentation,
including formal funding agreements and commitments, is hereby incorporated by reference
and made part of this Agreement.
(b) The Grantee hereby commits and certifies that it will provide funds in an amount sufficient,
together with the Federal contribution (acknowledging the limitations as set forth in this
Agreement), to assure timely and full payment of the Project Costs as necessary to complete
the Project.
(c) The Grantee hereby commits and certifies that the Local Share portion of its financing
commitment will be provided from funding sources other than: Federal funds (except as may
otherwise be authorized by Federal statute); receipts from the use of Project facilities or
equipment (except as may otherwise be authorized by Federal statute); or revenues of the
Project public transit system in which such facilities or equipment are used.
(d) Given the Estimated Net Project Cost, as set forth in Section 7 of this Agreement, the
Grantee's financial commitment to the Net Project Cost is estimated to total $1,471,030,286.
This amount constitutes the Local Share needed to match the Maximum Federal New Starts
Financial Contribution for the Project and Other Federal Sources. In the event that the
actual Federal financial contribution for the Project is reduced or is increased or the funding
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percentage as set forth in this Agreement is changed, the portion of the Grantee's financial
contribution for the Project that is identified as Local Share shall be adjusted accordingly.
(e) The Grantee agrees to notify the Government of any change in circumstances or
commitments that adversely affects the Grantee's plan to fund the Project Costs necessary to
complete the Project as set forth in the Financial Plan. In its notification, the Grantee shall
advise the Government of what actions it has taken or plans to take to ensure adequate
funding resources and shall reaffirm its commitment to the Government as set forth in
Paragraph (b) of this Section 10.
The Grantee may incur costs or expend local funds for all phases of the Project as is reasonably
necessary to advance the Project prior to an award of Federal funding assistance without
prejudice to possible future Federal participation in or reimbursement of the Project Costs to the
extent that such costs are incurred in accordance with all applicable Federal requirements and
this Agreement. It is understood that the authority conferred on the Grantee to advance the
Project without prejudice does not constitute a legal commitment by the Government to obligate
and award Federal funds.
SECTION 12. LOCAL FINANCIAL COMMITMENT-OPERATING AND
MAINTENANCE COSTS
(a) As a condition of the Government's Award of funding set forth in this Agreement, the
Grantee has developed and adopted a Financial Plan to finance the future operation and
maintenance of the Project that also takes into consideration the Grantee's continuing
financial responsibilities to operate, maintain and reinvest in its existing transit system. This
Financial Plan, as accepted by the Government, and the supporting documentation,
including specific funding commitments, evidencing stable and dependable funding sources
are an essential part of the Grantee's Application and are made part of this Agreement by
incorporation of the Application.
(b) With the Execution of this Agreement, the Grantee assures that it has stable and dependable
funding sources, sufficient in amount and in degree of commitment, to operate and maintain
its entire public transportation system at an adequate and efficient level of service, including
the future operation and maintenance of the Project without additional Federal assistance
beyond the amounts set forth in the Financial Plan. The foregoing assurance does not
preclude the Grantee from altering service through contracts with private providers of public
transportation services.
(c) The Grantee will notify the Government of any change in circumstances or commitments
that adversely affects the Grantee's plan to fund the maintenance and operating costs of the
Project as set forth in the Financial Plan. In its notification, the Grantee will advise the
Government of actions it has taken or plans to take to ensure adequate funding resources and
will reaffirm to the Government its assurance as set forth in Paragraph (b) of this Section.
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(a) In its Application, the Grantee submitted to the Government a Baseline Cost Estimate for the
activities constituting the Project. The Baseline Cost Estimate is accepted by the
Government and is Attachment 3 of this Agreement. The Baseline Cost Estimate is derived
from cost estimates of the individual third -party contracts and force account work that, in
sum, constitute the Project; it reflects appropriate escalation and Project schedule dates.
(b) The Government intends to use the Baseline Cost Estimate to monitor the Grantee's
compliance with certain terms and conditions of this Agreement. The Baseline Cost
Estimate established in Attachment 3 serves as the measure of cost estimates as of the Date
of this Agreement, and will not be amended or modified during the implementation of the
Project.
(c) The Grantee will submit cost reports on the implementation of the Project as required by this
Agreement and in a format consistent with the units set forth in the Baseline Cost Estimate
so that the Government can, with reasonable diligence, reconcile the Grantee's reports with
the Baseline Cost Estimate.
SECTION 14. BASELINE SCHEDULE
(a) In its Application, as approved, the Grantee submitted a Baseline Schedule for the Project
that demonstrates how the Grantee intends to implement the Project and meet the Revenue
Operation Date. This Baseline Schedule has been accepted by the Government and is
Attachment 4 of this Agreement.
(b) The schedule for the Project may be modified from time to time at the discretion of the
Grantee. However, the Baseline Schedule is not to be modified because it is to be used as a
basis for comparing planned to actual project implementation. The Grantee will notify the
Government when a Project schedule modification has the potential to change the Revenue
Service Date and describe the actions planned to recover the schedule. The Government's
acquiescence in such notice will not be deemed approval by the Government of an extension
of a Revenue Service Date unless the Government expressly grants an extension in writing.
SECTION 15. PROJECT MANAGEMENT OVERSIGHT
The Project is a "Maj or Capital Project" as defined in FTA' s Project Management Oversight
regulations at 49 C.F.R. 633.5. Accordingly, the Grantee agrees that all requirements and
conditions set forth in the rule at 49 C.F.R. Part 633 apply to the Project activities.
Noncompliance with any regulatory requirements shall constitute a breach of this Agreement,
unless the Government formally waives the regulatory requirement.
(a) As a condition precedent to this Agreement, the environmental impacts of the Project have
been assessed as required by law. The results of that assessment and the adopted mitigation
measures are described in the environmental documents identified in Attachment 7 of this
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(b) Certain terms and conditions of this Agreement, as related to the Grantee's responsibility to
ensure protection of the environment, are set forth in Section 26 of the Master Agreement,
"Environmental Protections." Under Subsection 26.i "Mitigation of Adverse Environmental
Effects," the Grantee is required, among other actions, to undertake all environmental
mitigation measures that are identified in environmental documents prepared for the Project.
Accordingly, the Grantee understands that it shall not withdraw or substantially change any
of the adopted mitigation measures as described in the Government's environmental record
for the Project without the express written approval of the Government.
(c) This Section is intended only to supplement the provisions set forth in Section 26 of the
Master Agreement, "Environmental Protections."
(a) In all cases where the Government's review, approval or concurrence is required under the
terms and conditions of this Agreement, the Government will provide its response within
sixty (60) calendar days of receipt from the Grantee of all materials reasonably necessary for
the formulation of the Government's response.
(b) If the Government determines that its position cannot be finalized within that sixty (60) day
period, the Government will notify the Grantee, in writing, within thirty (30) days following
receipt of the Grantee's submission that the Government's response will be delayed and
advise the Grantee of the Government's anticipated time period for response.
(c) Whenever the Government's approval or concurrence is needed on any matter pertaining to
or concerning this Agreement, the Government's approval or concurrence will not be
unreasonably withheld.
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(a) Substantial failure of the Grantee to complete the Project in accordance with the Application
and this Agreement will be a default of this Agreement. In the event of default, the
Government will have all remedies at law and equity, including the right to specific
performance, without further Federal financial assistance, and the rights to termination or
suspension as provided by Section 11 of the Master Agreement, "Right of the Federal
Government to Terminate." The Grantee recognizes that in the event of default, the
Government may demand all Federal funds provided to the Grantee for the Project be
returned to the Government. Furthermore, a default of this Agreement will be a factor
considered before a decision is made with respect to the approval of future Grants requested
by the Grantee.
(b) Under the provisions of Section 15 of this Agreement, "Project Management Oversight,"
and under the terms and conditions of the Master Agreement, the Government will review
performance by the Grantee to determine whether satisfactory progress is being made to
complete the Project. In the event that the Government determines that the Grantee is in
breach of this Agreement, the Government may withhold its approvals of further funding
and suspend drawdown of funds, under the provisions of Section 11 of the Master
Agreement, "Right of the Federal Government to Terminate," until any necessary corrective
action, which may be required by the Government, is accomplished. Any breach of this
Agreement that is not corrected within a reasonable period of time will be a default of this
Agreement. The Government in its discretion may permit the cost of such corrective action
to be deemed a Project Cost, provided that such cost is an allowable cost under the
requirements of Section 7.b of the Master Agreement, "Eligible Costs," and so long as it
remains within the limits of the Maximum Federal New Starts Financial Contribution set
forth in Section 8 of this Agreement, "Limitations of the Federal Funding Commitment."
(c) In the event of a breach of this Agreement by the Grantee and before the Government takes
action contemplated by this Section, the Government will provide the Grantee with ninety
(90) days written notice that the Government considers that such a breach has occurred and
will provide the Grantee a reasonable period of time to respond and to take necessary
corrective action.
This Full Funding Grant Agreement consists of the text of this Agreement, which includes the
first pages setting forth significant characteristics of the Agreement (such as the maximum
Federal funds obligated and awarded for expenditure on the Project and the funding ratio of
Federal and local funds to be expended for the Project, and such other data), followed by the
Terms and Conditions, and the Attachments to the Agreement. The Agreement also includes the
following documents incorporated by reference and made part of this Agreement: the "Federal
Transit Administration Master Agreement," FTA Form MA(23) (October 1, 2016), as may be
revised from time to time, the Application, the Government's environmental record for the
Project, related agreements, and prior Grant Agreements for the Project referenced in Attachment
5 of this Agreement. Should the Federal assistance award letter include special conditions for
the Project, that letter is incorporated by reference and made part of this Agreement. Any
14
Case 1:17-cv-01811-RJL Document 6-1 Filed 09/06/17 Page 18 of 44
inconsistency between the Application and the terms and conditions of this Full Funding Grant
Agreement will be resolved according to the clear meaning of the provisions of this Agreement
and Attachments hereto.
SECTION 21. SIMULTANEOUS CREATION OF AGREEMENT IN ELECTRONIC
FORMAT
Simultaneous to the Award and Execution of this Agreement set forth in typewritten hard copy,
the Agreement is being awarded and executed by electronic means through FTA's electronic
award and management system. To the extent any discrepancy may arise between the
typewritten version and the electronic version of this Agreement at the time of execution the
typewritten version will prevail. Should any special conditions or requirements for the Project
be added separately in the electronic version, those conditions or requirements are incorporated
by reference and made part of this Agreement.
Each and every Attachment to this Agreement is incorporated by reference and made part of this
Agreement.
As to the Government:
As to the Grantee:
William A. Parks
Purple Line Project Director
Maryland Transit Administration
Office of Transit Development and Delivery
100 S. Charles Street
Baltimore, MD 21201
15
Case 1:17-cv-01811-RJL Document 6-1 Filed 09/06/17 Page 19 of 44
If neither Federal statute nor Federal common law governs the interpretation of the provisions of
this Agreement, the State law of the State of Maryland will apply. This provision is intended
only to supplement Section 3 .g of the Master Agreement, "Application of Federal, State, and
Local Laws, Regulations, Requirements, and Guidance."
There are several identical counterparts of this Agreement in typewritten hard copy; each
counterpart is to be fully signed in writing by the parties and each counterpart is deemed to be an
original having identical legal effect. When signed and dated by the authorized official of the
Government, this instrument will constitute an Award that shall be executed by the Grantee
within ninety (90) days of the date of the Government's Award (FTA Award). The Government
may withdraw its Award of financial assistance and obligation of funds if this Agreement is not
executed within the ninety (90) day period. Upon full Execution of this Agreement by the
Grantee, the effective date will be the date the Government awarded funding under this
Agreement as set forth below.
Signature:
Matthew J. Welbes
Executive Director
FEDERAL TRANSIT ADMINISTRATION
11.1
Case 1:17-cv-01811-RJL Document 6-1 Filed 09/06/17 Page 20 of 44
EXECUTION BY GRANTEE
The Grantee, by executing this Agreement, affirms this FTA Award; adopts and ratifies all
statements, representations, warranties, covenants, and materials it has submitted to FTA;
consents to this Award; and agrees to all terms and conditions set forth in this Agreement.
_________DAY OF ,2017.
ATTESTED BY:
Signature:
Name of Organization: (
17
Case 1:17-cv-01811-RJL Document 6-1 Filed 09/06/17 Page 21 of 44
As the undersigned Attorney for the Grantee, I affirm to the Grantee that I have examined this
Agreement and the proceedings taken by the Grantee relating to it. As a result of this
examination I hereby affirm to the Grantee the Execution of the Agreement by the Grantee is
duly authorized under state and local law. In addition, I find that in all respects the Execution of
this Agreement is due and proper and in accordance with applicable State and local law. Further,
in my opinion, this Agreement constitutes a legal and binding obligation of the Grantee in
accordance with the terms of the Agreement. Finally, I affirm to the Grantee that, to the best of
my knowledge, there is no legislation or litigation pending or imminent that might adversely
affect the full implementation of the Project in accordance with the terms thereof, except for
those matters identified in Exhibit A below.
AFFIRMED BY:
Signature: C-
/
/I .
'-/
Wanda R. Stansbury /
Assistant Attorney General, Maryland Transit Admini
EXHIBIT A
Fitzgerald v. Federal Transit Administration, No. 14-1471 (D.D.C. filed Aug. 26,
2014).
Friends of Capital Crescent Trail, et al. v. Federal Transit Administration, No. 17-5132
(D.C. Cir. filed May 30, 2017)
18
Case 1:17-cv-01811-RJL Document 6-1 Filed 09/06/17 Page 22 of 44
Attachment 1
Maryland Transit Administration (MTA)
Maryland National Capital Purple Line
Montgomery and Prince George's Counties, Maryland
The Maryland National Capital Purple Line (the Project) is a 16.2-mile east-west light rail transit (LRT)
line that will extend from the Bethesda Metrorail Station in Montgomery County to the New Carroliton
Metrorail Station in Prince George's County. The Project will connect both branches of the
Washington Metropolitan Area Transit Authority (WMATA) Metrorail Red Line at Bethesda and
Silver Spring, the Green Line at College Park, and the Orange Line at New Carroliton. It will also
connect to all three Maryland Area Rail Commuter (MARC) lines, local and regional bus systems, and
Amtrak's Northeast Corridor. The Project will serve not only existing residential neighborhoods,
employment and education centers, and attractions, but also a number of areas that would benefit from
economic development and investment. The Project will provide opportunities for transit-oriented
development and support transit-oriented revitalization plans in locations including Silver Spring,
Takoma Park, Langley Park, the University of Maryland, College Park, Riverdale Park, Glenridge, and
New Carrollton.
The Project will be primarily at grade, operating in exclusive or dedicated lanes or right-of-way for 15
miles. In three sections on Wayne Avenue, Paint Branch Parkway, and Ellin Road it will operate in
mixed traffic for total length of 1.2 miles. It has one short tunnel of 0.36 miles in length under Plymouth
Street in East Silver Spring. It will also travel on three short separate aerial structures and eight bridges
for 0.46 miles in total over Connecticut Avenue, Rock Creek, Silver Spring Transit Center, Sligo
Creek, University Boulevard, Northwest Branch of the Anacostia River, Kenilworth Avenue,
Riverdale Road and other locations. The Project will be given traffic signal priority or pre-emption at
most intersections.
The Project includes the construction of 21 stations: 16 are at grade, 3 are elevated, and 2 are below
grade. No stations will feature new parking facilities, though the Project will connect to WMATA
Metrorail stations with existing parking. The Project includes two yard and shop facilities and two
operations control centers.
The Project includes the purchase of 25 multiple -section 136-foot long articulated light rail vehicles
(LRVs). The vehicles will be electrically powered through the use of an overhead wire catenary system
and a 1,500 volt traction power supply system. Fare collection will be off-board and will utilize a
"proof of payment" system.
The project scope includes right-of-way; preliminary and final design; environmental mitigation;
community relations; safety and security certification; start-up, training and testing for revenue service.
The project scope also includes train control and signals, traffic controls, communications, traction
power supply and distribution, and fare collection systems and equipment.
The hours of operation will be from 5:00 a.m. to midnight on weekdays, and 7:00 a.m. to midnight on
weekends. The planned peak period headway in the opening year (2022) is 7.5 minutes; while off-peak
and weekend headways of 10 to 15 minutes are planned. The forecasted daily ridership using current
year inputs of population and employment is 41,000 daily linked trips. The estimated daily ridership
in 2035 is 56,100 linked trips with planned peak period headway of 6 minutes.
The Revenue Service Date for the Project is December 31, 2022.
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Case 1:17-cv-01811-RJL Document 6-1 Filed 09/06/17 Page 25 of 44
Attachment 2
Maryland Transit Administration (MTA)
Maryland National Capital Purple Line
Montgomery and Prince George's Counties, Maryland
Project Description
Narrative Descri:ption:
The Maryland National Capital Purple Line Project (the Project) consists of the design and
construction of 16.2-mile light rail line located north and northeast of Washington, DC inside the
circumferential 1-95/1-495 Capital Beltway. The Project will extend from the Bethesda Metrorail
Station in Montgomery County in the west, to the New Carroliton Metrorail Station in Prince
George's County in the east. It will connect both branches of the Washington Metrorail Red Line
at Bethesda and Silver Spring, the Green Line at College Park, and the Orange Line at New
Carroliton. It will also connect to all three Maryland Area Regional Commuter (MARC) rail lines
at Silver Spring, College Park, and New Carroliton; local and regional bus systems; and Amtrak's
Northeast Corridor at New Carroliton.
The Project will be primarily at grade, operating in exclusive or dedicated lanes or right-of-way
for 15 miles. In three sections on Wayne Avenue, Paint Branch Parkway, and Ellin Road it will
operate in mixed traffic for a total of 1.2 miles. It has one short tunnel of 0.36 miles in length under
Plymouth Street in East Silver Spring. It will also travel on three short separate aerial structures
and eight bridges totaling 0.46 miles over Connecticut Avenue, Rock Creek, Silver Spring Transit
Center, Sligo Creek, University Boulevard, Northwest Branch of the Anacostia River, Kenilworth
Avenue, Riverdale Road, and other locations. The Project also includes the construction of 21
stations, two vehicle storage and maintenance facilities, two operations control centers, signal
bungalows, and other ancillary facilities.
The Project includes the purchase of 25 multiple -section 136 -foot articulated LRVs. The vehicles
will be electrically powered through the use of an overhead wire system and a 1,500 volt traction
power supply system. This system will use ten traction power substations for mainline sections
and yards and shops,
Project Description by Standard Cost Category (SCC):
The following provides a description ofthe Project by Standard Cost Category (SCC). These SCCs
are the basis for the Baseline Cost Estimate and for the Baseline Schedule contained in
Aftachments 3 and 4, respectively. It should be noted that this project is being delivered through a
design-build-finance -operate -and-maintain public-private partnership (P3) and the plans have only
been advanced to a 30% design level.
SCC Code 10- Guideway and Track Elements
This SCC includes all elements of trackwork for the Project including: procurement, installation,
stray current protection, and all structural work. This SCC also includes civil work for the Project
alignment. Trackwork includes the furnishing of all rails, ties, fasteners, ballast, concrete, turnouts,
switches, and other special trackwork, and all construction materials, labor, tools, and supplies.
The following SCC 10 categories can be described by three primary types of construction at -- -
grade construction, aerial structure construction, and retained cut or fill/underground construction,
as follows:
existing subgrade including earthwork, ballast curb, retaining walls, and approximately 6,000 feet
of crash wall between the LRT and the CSXT Metropolitan Subdivision.
10.02 Guideway: At-Grade Semi-Exclusive (Allows Cross -Traffic)
-
The Project consists of approximately 1.2 miles of alignment, at grade, in mixed traffic to
accommodate double track light rail operation. Included are the demolition and preparation of
existing subgrade, earthwork, and drainage.
10.04 Guideway: Aerial structure
-
The Project includes approximately 0.46 mile of aerial structure to accommodate double track
aerial light rail operation. This SCC includes structures for the elevated portions of the Project, as
well as bridges, those located at Connecticut Avenue, B -i developer road, Rock Creek, Silver
The Project includes approximately 0.36 mile of tuimel to accommodate double track light rail
operation under Plymouth Street.
10.08 Guideway: Retained cut or fill
-
The Project includes approximately 1.25 mile on retained cut or fill to accommodate double track
light rail operation. This category includes mechanically stabilized earth (MSE) walls at several
locations including Riverdale Park station and the Silver Spring Transit Center station to
accommodate double track light rail operations, the Plymouth Tunnel east and west portal retaining
walls, and generic fencing as required.
B) Track SCC 10.09 10.13
- -
The track cost categories include the running rails, ties, ballast, direct fixation concrete plinth,
embedded, and special track components (turnouts, crossovers, etc.) associated with the guideway
construction. The types of track construction are listed below.
10.09 Track: Direct fixation
-
This category includes rail, concrete plinth pads, and rail fasteners.
10.10- Track: Embedded and Green Track
This category includes rail, rail welding, reinforced concrete track slab and rail embedding
materials. No Green Track will be used.
10.11 Track: Ballasted
-
This category includes rail, concrete ties with ballast and subballast, rail welding, rail fasteners,
and rail anchors.
10.12 Track: Special (Switches, Turnouts)
-
This category includes ballasted and direct fixation turnouts, switches, crossovers, double
crossovers and one pocket track.
This SCC includes improvements associated with the construction of the 21 Project stations.
Station platforms will be built to the length required for boarding and alighting from all
doors of the maximum length train, but will be designed to provide platforms for not less
than 200 feet available for boarding and alighting.
20.01 At-Grade Station, Stop, Shelter, Mall, Terminal, and Platform
-
This SCC subcategory provides for the construction, purchase, installation of, and work on
elements for the 16 at -grade stations (listed below). Also included in this SCC subcategory for the
station are platforms, conduit installation, platform finishes, station canopies, required ramps
and/or railings, fencing, signage and pavement markings, benches, and all other elements
necessary for the construction and safe operation of the rail transit stations. The at-grade stations
are as follows:
Lyttonsville
Woodside
This SCC subcategory provides for the construction, purchase, installation of, and work on
elements for the three aerial stations (listed below). Also associated with this SCC subcategory for
stations are platforms, conduit installation, platform finishes, vertical circulation elements (i.e.,
stairs, or structural elements to support elevators), station canopies, required ramps and/or railings,
fencing, signage and pavement markings, benches, and all other elements necessary for the
construction and safe operation of rail transit stations. The aerial stations are as follows:
Connecticut Avenue
Silver Spring Transit Center
Riverdale Park
20.03 Underground Station, Stop, Shelter, Mall, Terminal, and Platform
-
This SCC subcategory provides for the construction, purchase, installation of, and work on
elements for the two underground stations (listed below). Also included in this SCC subcategory
are platforms, conduit installation, platform finishes, vertical circulation elements (i.e., stairs, or
structural elements to support elevators), required ramps and/or railings, fencing, signage and
pavement markings, and all other elements for the construction and safe operation of the
Project's underground rail transit stations.
Bethesda
Manchester Place
This SCC includes design and construction of two maintenance and storage facilities for the
Project and two operations centers. All support facilities are designed to accommodate future
expansion for a larger fleet, within the existing sites.
30.01 Administration Building: Office, Sales, Storage, Revenue Counting
This SCC includes two administrative and operations control centers. The main facility is housed
within the maintenance building at Glenridge. The backup facility at Lyttonsville is an
independent structure.
30.02 Light Maintenance Facility
This category includes an outdoor inspection and maintenance pit at the Lyftonsville yard.
30.03 Heavy Maintenance Facility
-
This category includes construction of the Glenridge maintenance facility and procurement of
machinery for heavy overhaul maintenance work. This includes staff offices and welfare facilities;
staff parking; operation control center; vehicle heavy repair, service and inspection, and
component change -out tracks; equipment maintenance support shops; and system central
stores. The maintenance facility will be constructed and fit to handle the requirements of a fleet
of 25 multiple -section 136 -foot long articulated LRVs, but will accommodate future expansion.
30.04 -Storage and Maintenance -of- Way Building
Costs for the maintenance-of-way building are included in SCC 30.03
30.05- Yard and Yard Track
This category includes the installation of yard tracks, storage tracks and special trackwork of the
two maintenance and storage facilities at Lyttonsville and Glenridge, including clearing and
grubbing, onsite cutlfill activities, offsite disposal of surplus excavated soil, import and place clean
fill and fine grading. The total yard storage capacity is for 27 multiple -section 136-foot long
articulated LRVs. Both yards are designed to accommodate future expansion for storage of a larger
fleet, within the existing sites.
SCC Code 40 Sitework and Special Conditions
-
This SCC includes demolition and clearing work and special conditions such as utility relocation
and hazardous materials removal and treatment. SCC 40 includes the following subcategories:
40.01 Demolition, Clearing, and Earthwork
-
This category includes: demolition of buildings, structural culverts, retaining walls and bridges;
clearing; earthwork including concrete pavement and sidewalk removal, asphalt pavement
removal, grubbing and stripping; and ditch drainage improvement. It also includes site grading for
roadway stations.
40.02 Site Utilities and Utility Relocation
-
This category includes site utilities and utility relocation activities, including storm water drainage,
sanitary sewer, culvert placement and extensions, electrical, gas, ductbank, fiber optics,
communications, placement of water system service, and street lighting.
Treatments
This category includes removal of contaminated soil and hazardous material and, ground water
treatment. These activities are located along the length of the corridor.
40.04 Environmental Mitigation Measures including those Measures for Wetlands and Noise
-
This category includes wetland, stream, and forest mitigation only. The cost does not include the
purchase price of property to complete mitigation.
40.05 Site Structures Including Retaining Walls, and Sounds Walls
-
This category includes retaining walls, noise walls along the corridor, and non-ornamental fencing
as necessary for safety. Noise walls necessary for noise mitigation will be installed along
approximately 2 miles of the corridor along the Georgetown Branch right-of-way where the
alignment is adjacent to residential areas.
40.06- Pedestrian/Bike Access and Accommodation, Landscaping, Artwork
This category includes landscaping, bike racks, and pedestrian walkways, pedestrian underpasses
and culverts necessary to provide access to the stations.
40.07- Automobile, Bus, Van Accessways, Including Roads and Parking Lots
This category includes roads, curbs and gutters, curb ramps, roadway bridges, signs, and general
civic works, including demolition, pavement milling, striping, and earthwork. This includes the
following eight bridge structures: Jones Mill Road, Lyttonsville Place, Talbot Avenue, Spring
Street, Wayne Avenue over Sligo Creek, University Boulevard over Anacostia Northwest Branch,
and Baltimore Washington Parkway (two bridges).
This SCC also includes a parking facility for use by Montgomery County and the grantee at the
Lyttonsville Yard. This parking facility will provide a minimum of 200 spaces. There is no new
parking for Purple Line passenger use.
40.08 Temporary Facilities and Other Direct Costs during Construction
-
This category includes permits, field offices, all temporary facilities, mobilization, temporary
access to mitigate construction impacts, quality control and material testing, security, system
testing and certification, construction management and supervision, construction survey and
layout, flagpersons for CSX and WMATA, maintenance of general traffic, traffic management,
and erosion and sediment control.
SCC Code 50 Systems
-
This SCC provides for the purchase, installation, and construction of all train control, traction
power, communications, and fare collection systems required for the Project.
50.01 Train Control and Signals
-
This category includes the design, purchase, installation and testing of the train control system
including wiring, cabling, automatic train protection, and cases.
50.02 Traffic Signals, Striping and Pedestrian Crossing Controls
-
This category includes roadway traffic signals and pedestrian crossing controls. Striping is
included in SCC 40.07.
This category includes all components for the 1500 volt traction power system. Included is the
purchase, installation, and testing and commissioning of the traction power supply system, which
is comprised of ten traction power substations and all necessary feeder cables and power supply.
50.04 Traction Power Distribution: Overhead Catenary System
-
This category includes the purchase, installation, and testing and commissioning of the system-
wide overhead wire catenary system (OCS), including related OCS support structures and
foundations.
50.05- Communications
This category includes the purchase, installation, and testing for the entire communications system,
which will include the fiber optic backbone, variable message signs, radios, public address system,
telephone, Wi-Fi, intrusion control systems, alarms, and provisions for closed circuit television
system. It also includes required sofiware, training, and operating manuals.
50.06- Fare Collection System and Equipment
This category includes the purchase, installation, and testing of the self-service fare collection
equipment including 46 ticket vending machines.
07- Central Control
This category includes the purchase, installation and testing for all components needed for the
operations control center in Glenridge and the backup operations control center in Lyttonsville,
including terminals, displays, computer control hardware and sofiware, central control furnishings.
This SCC provides for the real property costs for the Project, specifically the temporary or
permanent acquisition of or access to all real property required. Real property includes: donated,
leased, or purchased land; permanent surface and subsurface leases required; associated
professional appraisal, acquisition and legal services; demolition; and any costs related to
relocation and the exercise of eminent domain.
60.01 Purchase or Lease of Real Estate
-
This category includes costs of donated, leased, or purchased lands and associated acquisition,
legal, appraisal services, and demolition for approximately 632 properties where MTA will need
to acquire a real estate interest.
60.02 Relocation of Existing Households and Businesses
-
This category includes relocation costs and services for approximately 50 residential and 90
commercial relocations.
This includes the design, manufacture, inspection, delivery, testing and commissioning of 25
multiple -section 136 -foot articulated light rail vehicles with 80 percent low floor.
70.05- Other
This includes the services of a rail car consultant.
This SCC includes all of the Project's professional, technical, and management services,
intergovernmental agreements, and related costs during the project development engineering and
design, construction, and start-up phases of the Project. This SCC for the Project includes
insurance, permits and fees, surveys, testing, training and inspection.
80.01 Project Development
-
This category includes the professional services and project administration required to complete
preliminary engineering and architectural services, including the completion of the environmental
review process required under the National Environmental Policy Act (NEPA).
80.02 Engineering
This category includes design, engineering, and architectural services; compilation of as-built
documents; environmental mitigation services; specialty services such as safety and security
analyses; value engineering; risk assessment; cost estimating and scheduling; and surveying.
80.03 Project Management for Design and Construction
-
This category includes the Concessionaire and MTA agency staff and consultants providing
project management and oversight, including quality oversight, to the entire Project. This includes
work performed by Concessionaire and MTA agency staff and consultants, including assembling
information, conducting analyses, and preparing the Before-and-After Study.
80.04- Construction, Administration and Management
This category includes the Concessionaire contracted for construction inspection; field
engineering; design support coordination; project scheduling and construction coordination; safety
certification; change order processing; preparation of independent cost estimates; field verification
and testing; systems integration and testing, and other activities required in support of the Project.
80. 05 Insurance
-
This provides insurance coverage for project-related activities. The insurance will provide the
owner, contractor/sub -contractor, and consultant/sub-consultant with worker's compensationl
employers liability, environmental (contractor pollution) liability, property insurance, commercial
general liability, professional liability, builder's risk, excess liability coverage, flood insurance,
marine cargo/insurance for LRVs, crime insurance, commercial auto insurance, cyber insurance,
railroad protective insurance, and terrorism insurance.
80.06 Legal, Permits, Review Fees
-
This category includes the cost of legal and negotiation services for the Project, the cost of permits,
and required reviews by government agencies.
80.07- Surveys, Testing, Investigation, Inspection
This category includes the cost of survey and geological investigation and testing, which includes
hazardous material research and investigation, voluntary investigation and clean-up program
support, contamination remediation oversight, construction testing, and vibration and related
testing.
8Q08 -
Start-up
This category includes the Concessionaire and MTA agency staff and consultants providing
support to begin revenue operations.
I
'10 GUIDEWAY & TRACK ELEMENTS 280,620,726
10.01 Guideway: At-grade exclusive right-of-way 3,244,000
10.02 Guideway: At-grade semi-exclusive (allows cross -traffic) 13,205,000
10.03 Guideway: At-grade in mixed traffic 13,961,000
10.04 Guideway: Aerial structure 73,221,725
10.05 Guideway: Built-up fill 0
10.06 Guideway: Underground cut & cover 0
10.07 Guideway: Underground tunnel 62,734,749
10.08 Guideway: Retained cut or fill 22,693,329
10.09 Track: Direct fixation 7,570,000
10.10 Track: Embedded 30,811,000
10.11 Track: Ballasted 32,574,849
10.12 Track: Special (switches, turnouts) 20,605,781
10.13 Track: Vibration and noise dampening 0
20 STATIONS, STOPS, TERMINALS, INTERMODAL 114,857,015
20.01 At-grade station, stop, shelter, mall, terminal, platform 26,294,969
20.02 Aerial station, stop, shelter, mall, terminal, platform 51,030,513
20.03 Underground station, stop, shelter, mall, terminal, platform 33,932,551
20.04 Other stations, landings, terminals: Intermodal, ferry, trolley, etc. 0
20.05 Joint development 0
20.06 Automobile parking multi -story structure 0
20.07 Elevators, escalators 3,598,982
30 SUPPORT FACILITIES: YARDS, SHOPS, ADMIN. BLDGS 94,155,591
30.01 Administration Building: Office, sales, storage, revenue counting 31,894,384
30.02 Light Maintenance Facility 1,061,846
30.03 Heavy Maintenance Facility 47,841,576
30.04 Storage or Maintenance of Way Building 0
30.05 Yard and Yard Track 13,357,785
40 SITEWORK & SPECIAL CONDITIONS 521,968,988
40.01 Demolition, Clearing, Earthwork 48,788,669
40.02 Site Utilities, Utility Relocation 154,044,341
40.03 Haz. mat'l, contam'd soil removal/mitigation, ground water 18,438,500
40.04 Environmental mitigation, e.g. wetlands, historic/archeologic, parks 27,715,517
40.05 Site structures including retaining walls, sound walls 70,248,369
40.06 Pedestrian / bike access and accommodation, landscaping 24,398,848
40.07 Automobile, bus, van accessways including roads, parking lots 148,189,377
___
TntI
40.08 j Temporary Facilities and other indirect costs during construction
I
30,145,367
50 SYSTEMS 263,887,313
50.01 Train control and signals 60,164,465
50.02 Traffic signals and crossing protection 36,580,085
50.03 Traction power supply: substations 32,849,159
50.04 Traction power distribution: catenary and third rail 47,709,523
50.05 Communications 37,775,465
50.06 Fare collection system and equipment 15,568,354
50.07 Central Control 33,240,263
Construction Subtotal (10 50)
-
1,275,489,635
60 ROW, LAND, EXISTING IMPROVEMENTS 229,600,000
60.01 Purchase or lease of real estate 203,143,000
60.02 Relocation of existing households and businesses 26,457,000
70 VEHICLES 212,940,927
70.01 Light Rail 206,351,178
70.02 Heavy Rail 0
70.03 Commuter Rail 0
70.04 Bus 0
70.05 Other 6,589,749
70.06 Non -revenue vehicles 0
70.07 Spare parts 0
80 PROFESSIONAL SERVICES (applies to Cats. 10-50) 571,658,113
80.01 Project Development 87,149,878
80.02 Engineering 139,766,036
80.03 Project Management for Design and Construction 148,555,323
80.04 Construction Administration & Management 83,269,280
80.05 Professional Liability and other Non-Construction Insurance 34,534,796
80.06 Legal; Permits; Review Fees by other agencies, cities, etc. 5,805,117
80.07 Surveys, Testing, Investigation, Inspection 15,164,346
80.08 Startup 57,413,338
Subtotal (10 80)
-
2,289,688,676
90 UNALLOCATED CONTINGENCY 90,535,748
Subtotal (10 90)
-
2,380,224,424
100 FINANCE CHARGES 26,805,863
Total Project Cost (10 100)
-
2,407,030,286
___
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Attachment 5
______________________________
State of Maryland Selects Locally Preferred Alternative August 4, 2009
National Capital Region Transportation Planning Board Approves October 21, 2009
Purple Line Locally Preferred Alternative into the 2009 Constrained
Long Range Plan (CLRP)
________________________
FTA approved entry into Preliminary Engineering October 7, 2011
Grandfathered into Project Development under MAP-2 1 2012
Completion of Final Environmental Impact Statement August 28, 2013
Record of Decision March 19, 2014
Inclusion of the Project in the Maryland DOT FY 20 15-2020 May 19, 2014
Statewide Transportation Improvement Plan (STJP)
_________________________
FTA approved entry into Engineering August 28, 2014
Inclusion of the Project in the region's FY 2015-2020 Transportation September 11, 2014
Improvement Program (TIP)
_________________________
Approval of the update to the Metropolitan Washington Council of October 15, 2014
Governments 2014 Constrained Long-Range Transportation Plan
(CLRP) to include the Project
__________________________
Public -Private Partnership (P3) Concessionaire Contract Awarded March 2, 2016
Maryland Board of Public Works Approval of P3 Contract April 6, 2016
Commercial Close on P3 Contract April 7, 2016
Limited Notice to Proceed to P3 Concessionaire April 7, 2016
Approved for Construction in Transportation Improvement Program May 3, 2016
and Statewide Transportation Improvement Program
_________________________
FTA provided a Letter of No Prejudice May 31, 2016
Transportation Infrastructure Finance and innovation Act (TIFIA) June 14, 2016
Loan Financial Close
___________________________
Private Activity Bonds Financial Close June 17, 2016
Attachment 6
Maryland Transit Administration (MTA)
Maryland -National Capital Purple Line
Montgomery and Prince George's Counties, Maryland
Section 3005 of the Fixing America's Surface Transportation ("FAST") Act (Pub. L. 114-94; Dec.
4, 2015) authorizes FTA to award Federal Capital Investment Grant program (New Starts) funds
for design and construction of the Maryland National Capital Purple Line (the Project). In
accordance with Federal transit law at 49 U.S.C. Chapter 53 and FTA Circular 5200.1A, Full
Funding Grant Agreements Guidance (December 5, 2002), by the execution ofthis Agreement the
Government is limiting its commitment to provide New Starts funding for the Project to those
funds that have been or may be appropriated during the term of the FAST Act and subsequent
authorizations. The Government and the Grantee recognize, however, that the period of time
necessary to complete the Project will extend beyond the FAST Act, as evidenced by Attachment
4 of this Agreement (Baseline Schedule).
Currently, the Government and the Grantee anticipate that the New Starts funds will be provided
for the Project as follows:
Proposed Schedule of Federal Funds
(Based on Year of Appropriation) (2)
' '
FY2016 and Prior 203,000,000 332,519,053 11,000,000 546,519,053
2017 125,000,000 203,059,762 328,059,762
________________
2018 120,000,000 197,437,372 10,000,000 327,437,372
2019 120,000,000 197,437,372 10,000,000 327,437,372
2020 120,000,000 196,187,371 5,000,000 321,187,371
2021 120,000,000 194,937,371 314,937,371
_________________
2022 92,000,000 149,451,985 241,451,985
_________________
Total by Source $900,000,000 $1,471,030,286 $36,000,000 $2,407,030,286
*
Local includes costs funded by the MDOT TI'F as well as the P3 concessionaire-funded costs. The P3
concessionaire uses TIFIA, private financing, and equity to fund its costs. The P3 concessionaire-funded costs are
treated as Local Matchfor the 5309 New Starts funds.
Attachment 7
Maryland Transit Administration (MTA)
Maryland National Capital Purple Line
Montgomery and Prince George's Counties, Maryland
The environmental record for the Project consists of the following documents:
Alternatives Analysis/Draft Environmental Impact Statement (September 30, 2008)
Final Environmental Impact Statement and Draft Section 4(F) Evaluation (August 2013)
Record of Decision (March 19, 2014)
Inclusion of the Project in the Maryland DOT FY 20 15-2020 Statewide Transportation
Improvement Plan (May 19, 2014)
Inclusion of the Project in the region's FY 2015-2020 Transportation Improvement
Program (TIP) (September 11, 2014)
Approval of the update to the Metropolitan Washington Council of Governments 2014
Constrained Long-Range Transportation Plan (CLRP) to include the Project (October
15, 2014).
The mitigation measures and other Project features that reduce adverse impacts, to which FTA and
MTA, in conjunction with the Maryland Department of Transportation (MDOT) committed in the
environmental record, may not be eliminated from the Project, except by FTA's written consent
in accordance with applicable laws and regulations. These mitigation measures include, but are
not limited to, commitments to perform further consultation with any agency on environmental
and related matters.
A matrix of environmental commitments has been developed and submitted to FTA as part of the
Master Permitting Plan and Schedule and will be used to document the specific actions taken and
timing necessary to meet the commitments to environmental mitigation as outlined in the Record
of Decision (ROD). The Master Permitting Plan and Schedule and the Matrix are monitored and
will be updated periodically by MTA and FTA with specific progress made on implementation
and incorporation of the mitigation strategies into the design andlor planned construction. The
matrix of environmental commitments and its periodic revisions to add the measures resulting
from required consultations, permit approvals, and FTA -approved changes and to update the
implementation status of the measures are incorporated herein by reference.
Attachment 8
Maryland Transit Administration
Maryland National Capital Purple Line
Montgomery and Prince George's Counties, Maryland
The Maryland Transit Administration (MTA) will assemble information and conduct analyses to
determine the actual outcomes of the Purple Line (the Project), evaluate the accuracy of the
predicted outcomes prepared during the planning and development of the Project, and identify any
lessons learned regarding the preparation of those predictions. MTA will assemble the information
and conduct the analyses in accordance with the Before-and -After Study Plan prepared by MTA
and approved by the Federal Transit Administration (FTA). Specifically, the plan addresses the
following requirements:
Information
MTA will assemble information on five key characteristics of the Project and its associated transit
services:
Project scope: The physical components ofthe Project, including environmental mitigation
and other related elements;
Capital cost: The total Project capital costs in constant dollars, formatted in FTA' s Standard
Cost Categories, and annual expenditures in year -of-expenditure dollars;
Transit service levels: The service characteristics on the Project, feeder buses, and other
affected transit services in the corridor;
Operation and maintenance (O&M) costs: O&M costs for the Project and the change in
O&M costs for other transit services in the corridor; and
Ridership: Trips on the Project and the change in total transit trips in the corridor.
Milestones
MTA will assemble predictions ofProject outcomes at three milestones during development ofthe
Project and will collect data at two milestones during its implementation. At each milestone, MTA
will archive the assembled information, data, and documentation and provide to FTA a copy of
the archive. The milestones and associated information requirements are:
Entry into Preliminary Engineering: The predicted outcomes on all five Project
characteristics provided by MTA in support of its request to advance the Project;
Entry into Engineering: The predicted outcomes on all five Project characteristics
provided by MTA in support of its request to advance the Project, plus an
analysis of the accuracy of predictions at the previous milestone and compared to
predictions at this milestone;
Full Funding Grant Agreement: The predicted outcomes on all five Project
characteristics provided by MTA in support of its request, plus an analysis of the
accuracy of predictions at the previous milestone compared to predictions at this
milestone;