U S Department of Transportation Federal Transit Administration

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U. S Department of Transportation Federal Transit Administration COVID-19 Impact on Transit Construction Projects Dallas Area Rapid Transit/John M. Rhone FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020

U. S Department of Transportation Federal Transit Administration FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020 COVID-19’s Impact to Dallas Area Rapid Transit Capital Construction Projects • Silver Line Regional Rail Project The 26 -mile long, regional rail Cotton Belt Corridor extends from DFW International Airport (DFWIA) and Shiloh Road on Plano. The alignment traverses seven cities: Grapevine, Coppell, Dallas, Carrollton, Addison, Richardson, and Plano, with 11 proposed stations along the way. The project will interface with three DART LRT lines: The Red/Orange Lines in Richardson/Plano, the Green Line in Carrollton and the Orange Line at DFW Airport. o COVID-19 Impact: The following contractors have submitted force majeure letters to DART: § Archer Western Herzog (AWH): Design-Builder § Stadler, Inc. : Vehicle and EMF Design (includes Urban Engineers, subcontractor for EMF Design) § Archer Western (AW): EMF CMGC Pre-Construction Services 2

U. S Department of Transportation Federal Transit Administration FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020 COVID-19’s Impact to Dallas Area Rapid Transit Capital Construction Projects • Red & Blue Line Platform Extensions Project The purpose of this project is to modify platforms at 28 Light Rail Transit stations along the Red and Blue Lines originally constructed before 2004. The modification is in the construction phase and will increase the carrying capacity on the light rail system by accommodating three-car trains. o COVID-19 Impact: The following contractors (CMGC) have submitted force majeure letters to DART: § Austin Carcon Joint Venture (Group A) § Phillips/May Corporation (Group D and Group E) 3

U. S Department of Transportation Federal Transit Administration FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020 COVID-19’s Impact to Dallas Area Rapid Transit Capital Construction Projects • Hidden Ridge at Carpenter Ranch The Hidden Ridge Station at Carpenter Ranch project includes the construction of an infill light rail station on the operating Orange Line between the Irving Convention Center Station and the North Lake College Station. o COVID-19 Impact: The following contractor has submitted force majeure letters to DART: § Archer Western (AW): Construction Services 4

U. S Department of Transportation Federal Transit Administration FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020 COVID-19’s Impact to Dallas Area Rapid Transit Capital Construction Projects • How are unforeseeable circumstances defined in your construction contracts? o Unforeseeable events like the COVID-19 pandemic are addressed through general clauses “Excusable Delay” in commodity and services contracts and “No Damages for Delay” in construction contracts. Both clauses work in harmony with other contract clauses to provide the Contractor with schedule relief and do not permit financial compensation for an unforeseeable or “force majeure” event. 5

U. S Department of Transportation Federal Transit Administration FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020 COVID-19’s Impact to Dallas Area Rapid Transit Capital Construction Projects • Has your agency identified COVID-19 as outside of the reasonable control of contractors preventing reforming obligations under a contract? o COVID-19 is an unforeseeable event, outside the control of contractors. However, COVID-19 is not cause for “reforming” contracting obligations. The only relief permitted is an adjustment to the contract schedule if performance is not possible due to COVID-19. 6

U. S Department of Transportation Federal Transit Administration FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020 COVID-19’s Impact to Dallas Area Rapid Transit Capital Construction Projects • Do your construction contracts spell out specific circumstances or events to allow for contractor schedule extensions or additional costs? o Unforeseeable events like the COVID-19 pandemic are addressed through general clauses “Excusable Delay” in commodity and services contracts and “No Damages for Delay” in construction contracts. Both clauses work in harmony with other contract clauses to provide the Contractor with schedule relief and do not permit financial compensation for an unforeseeable or “force majeure” event. (Same as question #1) 7

U. S Department of Transportation Federal Transit Administration FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020 COVID-19’s Impact to Dallas Area Rapid Transit Capital Construction Projects • Was your construction project deemed essential by your local government? Or did you shut down? o Yes, the DART capital projects were deemed essential by our local government. Work has not shut down due to COVID-19. 8

U. S Department of Transportation Federal Transit Administration FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020 COVID-19’s Impact to Dallas Area Rapid Transit Capital Construction Projects • What type of claims has your agency received? o DART has not awarded claims for COVID-19. DART received one request for equitable adjustment to compensate the contractor for the purchase of PPE, but the claim was denied. 9

U. S Department of Transportation Federal Transit Administration FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020 COVID-19’s Impact to Dallas Area Rapid Transit Capital Construction Projects • Has your agency decided on the agreed-upon contract remedies for the COVID 19 pandemic? o No, DART has not agreed on remedies to compensate contractors for COVID-19. 10

U. S Department of Transportation Federal Transit Administration FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020 COVID-19’s Impact to Dallas Area Rapid Transit Capital Construction Projects • Did your contractors adequately document COVID -19 -related impacts? o Yes, adequate documentation was provided for the circumstances described above. Documentation was subject to comprehensive cost analysis. 11

U. S Department of Transportation Federal Transit Administration FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020 COVID-19’s Impact to Dallas Area Rapid Transit Capital Construction Projects • Has your agency compared schedules before and after the impacts of the COVID-19 pandemic to isolate the real impact? o In the event that a schedule adjustment is requested, DART will perform a schedule comparison. No requests for schedule adjustments due to COVID-19 have been submitted to DART. 12

U. S Department of Transportation Federal Transit Administration FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020 COVID-19’s Impact to Dallas Area Rapid Transit Capital Construction Projects • Are your contractors clearly documenting and isolating additional cost caused by the COVID-19 pandemic? o Contractors have not been compensated for additional costs caused by COVID-19. 13

U. S Department of Transportation Federal Transit Administration FTA TRANSIT CONSTRUCTION WORKSHOP - VIRTUAL OCTOBER 20 – 21, 2020 COVID-19’s Impact to Dallas Area Rapid Transit Capital Construction Projects • How will your agency be able to avoid protracted disputes and either avoid claims or resolve them? o DART has not encountered a dispute. If a dispute is received, it will be handled per the administrative claims process described in the DART Procurement Regulation and contracts. 14