Commuter rail operating agreement

MECHANICAL SERVICES

GENERAL DESCRIPTION OF SERVICE

The Operator shall perform and document all of the Mechanical Services set forth in this Schedule 3.3 (Mechanical Services). The Operator’s obligations described in this Schedule shall be included in the Annual Fee and the Operator is not entitled to additional compensation or additional scope unless approved by the MBTA as Supplemental Work.

General Requirements

All Mechanical Services provided by the Operator shall comply in all respects with all applicable laws, regulations, standards, and recommended practices including but not limited to the following agencies, organizations and regulations: DOT, FRA, FTA, EPA, U.S. Food and Drug Administration (“FDA”), APTA, MassDOT, Occupational Safety and Health Administration (“OSHA”), Commonwealth of Massachusetts Department of Environmental Protection, Commonwealth of Massachusetts Building and Electrical Codes, AAR, and ADA.

Where there is a conflict, the most restrictive requirement shall apply.

The Operator shall become a registered member of APTA and the AAR for the duration of this Agreement and shall dutifully represent the MBTA as may be required.

The Operator shall perform maintenance on the MBTA’s fleet in compliance with the provisions of this Schedule 3.3 (Mechanical Services).

In some instances, this Schedule 3.3 (Mechanical Services) sets forth maintenance standards and condemning limits for components that are more stringent than FRA requirements. In the event of any conflict, the MBTA standards shall apply.

Railroad Operation Characteristics

Through efficient and economic implementation of the Mechanical Services described in this Schedule 3.3 (Mechanical Services), the Operator shall supply trains of sufficient capacity that are safe, fully functional and reliable and that will deliver the Agreement Services.

The Operator shall cooperate with the MBTA in adjusting the Mechanical Services in order to support the implementation of Service Changes from time to time.

The Operator shall make trains available in order to support the train cycle described in Appendix A to this Schedule 3.3 (Mechanical Services) – Train Cycle and Train-Consist Requirements and support the train cycles in accordance with the designated dispatch time for each train from its initial terminal in revenue service compliant condition as presented in Appendix B to this Schedule 3.3 (Mechanical Services) – Train Initial Terminal Dispatchment Schedule.

Operator shall develop and assign trainsets to cover the Equipment Cycle, provided that each trainset placed in service meets the following characteristics:

The trainset meets the minimum seat requirements for the scheduled trip, as specified in Appendix A to this Schedule 3.3 (Mechanical Services).

The trainset does not exceed the maximum train length for the line, based on platform lengths along the line and at the terminal.

The trainset has at least one operable toilet.

Each coach on the trainset has trainlined doors (if trainlined doors are required on that line).

The trainset has the required, operable ADA wheelchair device(s).

The trainset does not exceed 85% of the maximum HEP draw of the coaches at the average weight of the vehicle at crush capacity (AW3) when temperatures are between –10 and 105 degrees Fahrenheit.

Pursuant to Massachusetts General Law, Worcester trains are required to accommodate eight (8) wheelchairs without moving the train, e.g., doublespotting. This is currently accomplished through the use of modified MBB coaches.

Any other requirements for a particular trip or line defined in Appendix A to this Schedule 3.3 (Mechanical Services).

The Operator may substitute equipment provided that the requirements of Section 1.3.4 of this Schedule 3.3 (Mechanical Services) are met.

All trains that are designated by the Operator as available for revenue service shall comply in all respects with the requirements of this Schedule 3.3 (Mechanical Services).

The MBTA Commuter Rail Fleet

The following tables provide a summary of the “revenue service fleet,” comprising locomotives (passenger and switching), cab (control) trailer cars (“CTC”), and blind trailer cars (“BTC”) and the “non-revenue service fleet,” comprising maintenance of way (“MOW”) equipment, that are to be supported by the Operator:

*One of these vehicles may be re-assigned to MBTA transit service, in which case, Operator Obligations will be modified accordingly.

Equipment “available for revenue service,” as used herein, shall mean equipment from the revenue service fleet that has the following attributes:

Daily MI (as hereinafter defined) has been performed;

Passed all required daily tests;

Compliant with the MBTA inspection criteria and condemning limits;

Equipped with all required amenities; and

Posted as being available for revenue service.

Equipment “available for non-revenue service,” as used herein, shall mean equipment from the non-revenue service fleet that has the following attributes:

Daily MI has been performed;

Passed all required daily tests;

Compliant with the MBTA inspection criteria and condemning limits;

Equipped with all required amenities; and

Posted as being available for MOW service.

The Operator shall perform all of the work to achieve the availability requirements set forth above and as further described in Section 10 (Performance Requirements, Measurement and Management) of this Schedule 3.3 (Mechanical Services).

During the Term, the MBTA may change the number of vehicles in the fleets listed in Tables 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 of Section 1.4 (The MBTA Commuter Rail Fleet) to this Schedule 3.3 (Mechanical Services). These changes may be in the form of reduction of fleet or addition of fleet. Any changes to the fleet shall be communicated to the Operator by the MBTA in writing with specific instructions as to the disposition of the fleet and the requirements associated with this change.

Increases and reductions in fleet shall be negotiated through the Service Change process. The MBTA reserves its right to have maintenance performed on any additional fleet by alternate means (e.g. by another contracted maintenance service provider or by the MBTA workforce), following advance notice to the Operator and the unions.

Facilities

The MBTA has the following facilities that are in place to support the requirements of this Schedule 3.3 (Mechanical Services). A more detailed summary of each facility is included in the Asset Register.

This facility is located west of North Station between the Fitchburg Line and the New Hampshire Line. The facility is approximately 320,000 sq. ft. and has the capacity to provide the requisite fixed facility work space to support all levels of train service, inspection and maintenance and repair. Adjacent to the facility is a 5 track yard equipped with berthing stations to provide storage and servicing for two 9-car trainsets plus locomotive per track.

This two track facility consists of a 56,650 sq. ft. building that houses space and apparatus capable of providing maintenance access for two nine-car trainsets plus locomotive per track. The facility is fitted out with a vestibule height island platform between the tracks and roof top access for locomotive inspection. The facility has two full-servicing stations for locomotive fueling, sanding, replenishment of vital fluids and general servicing. The facility also is equipped with two train washers (one on each track on the east end of the facility). (One yard storage track, track 4 provides storage for one six-car trainset plus locomotive.)

This facility is equipped with three indoor tracks, each with space to work on two cars. The facility is equipped with a wheel truing machine. Adjacent to the facility is a mid-day storage yard.

The MBTA has overnight storage and servicing facilities at the following locations: Greenbush, Plymouth/Kingston, Middleborough/Lakeville, Pawtucket, RI, Franklin, Needham, Worcester, Fitchburg, Haverhill, Newburyport; and Rockport.

Each layover facility is equipped with 480 VAC ground power stations to plug in the trains for layover storage and maintenance.

REQUIRED INSPECTIONS

The MBTA’s revenue service fleet in comprised of Tier I-compliant passenger vehicles and shall be inspected and maintained in accordance with all applicable FRA requirements for Tier I equipment as outlined in the Code of Federal Regulations – Title 49. Examples of the FRA required inspection and maintenance tasks include, but are not limited to, the following:

Exterior Calendar Day Mechanical Inspection;

Interior Calendar Day Mechanical Inspection;

Periodic Mechanical Inspections

Periodic Brake Equipment Maintenance;

Single Car Test;

Class 1, Class 1A, and Class 2 Brake Tests as applicable;

Testing of Emergency Window Exits, Emergency Lighting, Manual Door Releases Passenger Emergency Intercoms and Public Address Systems; and

The MBTA Locomotive 45-day Inspection and other MBTA inspections, with sample maintenance inspection forms to be provided by the MBTA upon request (and subject to change by the MBTA).

The Operator shall be directly responsible for conducting all inspection and maintenance work required by this Schedule 3.3 (Mechanical Services).

The Operator shall maintain and keep current all inspection and maintenance records as required by this Schedule 3.3 (Mechanical Services) and Schedule 3.14 (Reporting and Submittals), and shall make such records available upon request for review by the FRA and the MBTA.

PREVENTIVE MAINTENANCE AND INSPECTION SERVICES

General

The Operator shall provide the necessary resources (including materials and labor) to execute all tasks required to service, inspect, maintain and document the MBTA’s revenue service fleet and non-revenue fleet. Additionally, the Operator shall manage and execute the tasks required to keep the non-revenue service fleet maintained in accordance with the requirements stated in this Schedule 3.3 (Mechanical Services).

The fleet will be available for revenue service as presented in Appendix A to this Schedule 3.3 (Mechanical Services) – Train Cycle and Train-Consist Requirements and Appendix B to this Schedule 3.3 (Mechanical Services) – Train Initial Terminal Dispatchment Schedule as such appendices may be adjusted from time to time by the MBTA. During the revenue service period, certain trains will be cycled to the service and inspection facilities for mid-day servicing. The Operator shall perform all levels of maintenance required by this Schedule 3.3 (Mechanical Services) through the most efficient means available. The Operator is responsible for updating the train consist cycles as necessary to ensure the completion of all inspections, cleaning and maintenance and the provision of all necessary equipment to meet the Service Schedules.

The Operator shall develop and implement a Comprehensive Preventive Maintenance, Inspection and Cleaning Program (the “LCM Program”) which shall incorporate a component-level Life Cycle Maintenance (“LCM”) concept, FRA inspection requirements, MBTA inspection requirements, and OEM maintenance and cleaning standards. This program shall be approved by the MBTA and appropriately designed and maintained for the MBTA fleet.

The maintenance philosophy for the MBTA fleet shall be one in which the LCM concept is the foundation for all maintenance related tasks. The LCM concept will be combined with FRA, OEM and MBTA inspection and maintenance standards to form a comprehensive preventive maintenance and inspection program.

Using the LCM concept the Operator will maximize the availability and functionality of rolling stock through a regular-interval program of planned maintenance events occurring over the useful life of each vehicle. The Operator will indentify each repairable item on the vehicle and develop a series of pre-defined inspection and maintenance activities for each. These activities shall be scheduled to occur prior to (or to coincide with) the anticipated service life requirements of each repairable component. The Operator will perform the appropriate maintenance activity for components including, for example, but without limitation, on main engines, main generators and HEP units (e.g., overhaul, repair, replace, renew, etc.) on a cycle which minimizes the chances of component failure and keeps the vehicle in overall Good Working Condition.

The LCM Program shall establish a set of service intervals extending over the life of the vehicle for each maintainable component (part) and a defined set of inspection and maintenance activities for each interval. These activities are coordinated sequentially among the maintenance intervals, such that the longer intervals typically include all work conducted at preceding intervals. For example, 92-day work would include tasks unique to the 92-day interval, plus all work done during daily and weekly intervals. Similarly, annual work includes all 92-day work plus tasks unique to the annual maintenance interval.

The MBTA shall be responsible for full overhauls of entire locomotives and coaches, which shall be completed offsite and through a separate procurement process (each, an "MBTA Full Vehicle Overhaul"). The term MBTA Full Vehicle Overhaul expressly includes top-deck overhauls. The Operator shall be responsible for all vehicle overhauls that do not constitute MBTA Full Vehicle Overhauls. By way of clarification, and not limitation, the Operator shall be responsible for overhauls of subsystems and components within a particular locomotive, coach or other vehicle as well as all other references to overhauls in this Agreement (excluding only MBTA Full Vehicle Overhauls).

The goal of this philosophy is to prevent in-service failures through an extensive campaign of identifying milestones in a component’s life where inspection, servicing and/or replacement are critical to maintain 100% reliability of the component and its system.

The Operator shall develop the LCM Program using industry standards and maintenance practices appropriate for application to the MBTA’s fleet.

The Operator shall conduct a thorough analysis of the fleet and identify a list of maintainable components for each vehicle system excluding the MBB fleet. This list shall be submitted to the MBTA at the time of NTP and shall be known as the Equipment List (“ELIST”) (ODRL 3.3-01). The ELIST shall be organized by system. For each fleet-type (locomotives and coaches (CTCs and BTCs separately)), at least the following systems must be addressed in the ELIST: