MBTA BOARD MEETING OF JANUARY 4, At the call of the Chair, a meeting of the Board of Directors of the

Transcription

1 MBTA BOARD MEETING OF JANUARY 4, 2012 At the call of the Chair, a meeting of the Board of Directors of the Massachusetts Bay Transportation Authority was held at Ten Park Plaza, Offices of the Board, Third Floor, Boston, Massachusetts, on Wednesday, January 4, 2012 at 1:00 p.m. There were present: Messrs. Jenkins, Alvaro and Whittle, the Misses Levin, being a quorum of the Board. Also in attendance were: the Secretary, Mr. Davey, the Acting General Manager, Mr. Davis, and Messrs. Kelley, Miss Estey, Special Counsel and Miss Fallon, Recording Secretary to the Board. The Chairman, Mr. Jenkins, presided. Chairman Jenkins called the 1055 th Open Meeting to order. The first speaker was Karen Wepsic from the Arborway Committee. Ms. Wepsic gave her concerns regarding the fare increase and service cuts. Board of Directors John R. Jenkins, Chair Ferdinand Alvaro, Jr. Elizabeth Levin Janice Loux Andrew Whittle

2 The next speaker was Louise Baxter from the T Riders Union (TRU). Ms. Baxter commented on her concerns regarding the proposed service cuts. The next speaker John Cappuccio from the TRU also commented his concerns regarding the fare increase and service cuts. The next speaker was Steven Kaiser from the Association of Cambridge Neighborhood. Mr. Kaiser gave some examples of how we may look to other options such as running commuter rail in house, energy savings and the gas tax. The next speaker was Ben Haynes from AACT. Mr. Haynes commented on the commission that is redoing the Paratransit plan. The next speaker was Ellen Reisner fro STEP. Ms. Reisner was commenting on her support for the Greenline Extension. The next speaker was Wig Zamore also from STEP. Mr. Zamore also commented on the support for the Greenline Extension and also gave some examples of how we could look at others ways to generate revenue. The last speaker was Lee Auspitz, a Somerville resident. He commented on the Green Line Project and updating the project to include an extension to Medford Hills. Chairman Jenkins closed public comment period and moved onto the agenda. The next item on the agenda is the approval of the December 7, 2011 minutes. It was requested that there be more clarification in the discussions on

3 Fitchburg Small Starts. The minutes were Tabled until the next meeting. Then next item on the agenda is the General Managers Report given by Acting General Manager Jonathan Davis. Mr. Davis reported on safety, customer service, fiscal responsibility, innovation, employees and the Affirmative Action Plan. (Attached) The next item on the agenda is the Authorization of Remote Participation given by Jane Estey, Special Counsel to the Board. Jane stated that this item would allow a Board member to call in as long as there is a quorum of the board by telephone and also have the ability to vote. Chairman Jenkins stated that he would like included into the vote that written notice is to be sent to the Chair. On motion, duly made and seconded, it was VOTED: To allow remote participation in accordance with 940 CMR for all subsequent meetings of the Board of Directors of the Massachusetts Bay Transportation Authority as long as written notice has been submitted to the Chair of the MassDOT Board before the meeting. The next item on the agenda presented by Ed Hunter is the authorization to enter into a contract with LM Heavy Civil Construction, LLC for an estimated amount not to exceed $7,592,158. This work will provide labor, materials, and

4 equipment to construct Littleton Station. Director Whittle asked about the timeframe of the project. Mr. Hunter responded that the overall timeframe is 18 months and they are looking to improve the timeframe to get the project by the end of next year. Director Whittle inquired about the electric vehicle charging stations and asked if they are new and if there were other stations. Mr. Hunter responded that it was a part of our general policy for stations renovations. Mr. Davis noted that we also installed some at the Alewife parking garage. On motion, duly made and seconded, it was VOTED: That the Acting General Manager and Rail & Transit Administrator, be and hereby is, authorized to ratify in the name and on behalf of the Authority, subject to the approval of the Massachusetts Department of Transportation (MassDOT) and in a form approved by the Acting General Counsel, a contract with LM Heavy Civil Construction, LLC, contract D09CN01 for an estimated sum no to exceed $7,592,158.00, to provide all labor, materials, and equipment to construct the Littleton Station improvements portion of the ARRA Fitchburg Double Track project located on the Fitchburg Commuter Rail Line. Director Levin Recused herself and left the room for the next item. The next item on the agenda was presented by Anna Barry on the authorization to execute Amendment No. 1 with PB Americas, Inc. for engineering services for the Authority s Bi-Level Car Procurement Program to support delivery of 75 commuter rail coaches in the amount not to exceed

5 $4,054, Mr. Davis asked Ms. Barry to elaborate on the additional items we received from Hyundia-Rotem USA (HRU) related to the settlement agreement beyond the liquidated damages. Ms. Barry stated that we got technical modifications, modification to the cars, emergency wheelchair installation, and other passenger amenities. Chairman Jenkins asked if these amenities were close to the $4 million that they are asking for. Ms. Barry answered that it was close to that amount. Director Alvaro expressed his concern with awarding this money to HRU when they have failed. He stated that they failed even with an increase in money and time and now they still are asking for money. Secretary Davey stated that he would like to get the Board all the information of what we got in the ISA and see that we got a lot out of the agreement. Director Alvaro restated that he doesn t think we should have to pay to support a delayed period which was created by our contractor and he asked why isn t this on HRU. Chairman Jenkins asked what the future act triggers the liquidated damages. Ms. Barry noted that it will delay the initial four pilot cars which is already delayed. She stated that it is already delayed beyond the ten month settlement. Ms. Barry stated the liquidated damages will happen at the close or the end of the contract. Director Whittle asked if we are asking for the $4.5 million because of the delay or were there a change of scope or engineering services. Ms. Barry stated it is because of engineering services. Secretary Davey stated he appreciates Director Alvaro concerns but he stated that we were focused on two issues, putting them back on schedule or cancel the contract all

6 together which would lead to more costs down the line. Director Alvaro stated that we should sit down with HRU and have them pay for their delay. Chairman Jenkins asked when the contract runs out. Ms. Barry stated two to three months. Director Alvaro stated that HRU should pay for their failure to perform and Director Whittle agrees. Mr. Davis stated that they will schedule a meeting with HRU. On motion, duly made and seconded, it was TABLED The next item on the agenda is the clarification of easements presented by Gerald Kelley. Mr. Kelley stated that it is a clarification of a board vote that was voted on last February Thus, following the vote of the Board on February 2011, several easements have been issued in accordance with staff s understanding that they were within the delegation of authority granted to the General Manager. A recent reexamination of the Vote and the Enabling Act, M.G.L. c. 161A, Sections 3 & 3(e,) has led to the conclusion that the February 2011 Vote was ambiguous with respect to grants and easements and in fact did not properly accomplish the intended delegation to the General Manager. Director Levin stated that it is important to get all our regulations in order and she would like us go through and get all the regulations in order. She stated she would like a commitment from the counsels to come back with the updates. Mr.

7 Kelley noted that Ms. Estey has started the project and they will work on finishing it. Director Alvaro stated that the vote should be amended to say that the General Manager is authorized and all such easements from the date of the last vote in February 2011 are all ratified and approved. Director Levin suggested that we get all our regulations in order. On motion, duly made and seconded, it was VOTED: That the General Manager and Rail & Transit Administrator, is authorized to execute, without prior authorization of the Board, grants of easements on property of the Authority, for any term of years, when the total amount of consideration for the easement as estimated by him does not exceed $2,500,000 (two million five hundred thousand dollars) and provided that in his judgment the grant of any such easement will not unduly interfere with the operation of any mass transportation facilities. All such easements granted subsequent to February 2, 2011, hereby shall be ratified and approved. The next item on the agenda is the update on the Commuter Rail Procurement presented by Steve Mudge. Mr. Mudge started with a brief overview of where they are in the procurement process. He stated they have established an internal procurement team supported by a financial advisor. He stated that one of the key objectives of the team was to maximize service quality and cost efficiencies throughout the commuter rail operation. They are targeting the following areas of safety, on time performance, vehicle reliability and availability,

8 customer communication and satisfaction and asset preservation. He stated the first key decision was to decided on in house or contracted services. Mr. Mudge stated that based on analysis from the Authority s team the preferred the method of contracted services. Director Alvaro stated that this was discussed in detail at the Finance Committee. Director Levin noted that at the Finance and Audit meeting they agreed that the scheduled would be longer. Director Levin asked if the Letter of Interest would be postponed due to the new schedule. Mr. Mudge stated they would like to get the letter our fairly soon. Director Levin then stated that she had some questions regarding the Letter of Interest. She wanted to make sure that the process is open and transparent. Her first question is if there will be a project library that would have fleet information, ridership information, condition of the cars and tracks and will this library be up and running before the Letter of Interest (LOI) are sent out so interested parties can look at this website to help them decide if they would like to bid. Mr. Mudge stated that it will up and they will put up as much information as they can to make sure there is a level playing field. The Director also wanted to know if the language in the letter will include that we might have more than one contract. Mr. Mudge stated that we are open to that so it can be included in the letter. Director Levin also asked if it will mention the scale of the contract and the timeframe and if so what will it say. Mr. Mudge answered that currently it is in the three modes and it will be discussed at the next Finance and Audit meeting. Director Levin noted that it would be important for a bidder to know the scale and the length when bidding on the

9 contract. Director Levin asked if the LOI will be reasonable clear on what services will be provided and the current workforce so it will be clear that they don t have to go out and hire a large workforce. Mr. Mudge stated they will include the scope and requirements with the existing workers in general terms. Director Levin suggested to Mr. Mudge that there be a protocol in place when the bids are open and there are conversations going on with interested parties and the procurement team that all interested parties receive similar information. Mr. Mudge stated that if it is open they will look into getting that in place. Director Levin s final question on the LOI was to make sure that there was a person s name and number on the letter so the interested parties can call a live person to talk to them. Mr. Mudge responded that he will be the contact person on the LOI. Director Levin requested that a copy of the LOI be mailed to the Board. The next item on the agenda is the Fare Service Analysis and Public Process presented by Charles Planck. Mr. Planck went through his presentation highlighting two scenarios. He stated one scenario is less of a fare increase and more service cuts and the other scenario is higher fares and less service cuts. Mr. Planck stated that they went through many models to get to the scenarios that they believe is the best overall approach to a difficult situation. Chairman Jenkins stated that at the Finance Committee meeting there was a very in depth discussion on this and he thanked everyone for their comments today. He wanted to ensure everyone that he has asked the Board to attend to the public

10 meetings that will be held over the next few months. Mr. Davis thanked Mr. Planck, CTPS and the staff that have worked on the information needed to make these difficult choices. Chairman Jenkins stated that it is realized that this solution is only to solve FY2013 and we will continue to work with the legislature to work on future solutions. On motion, duly made and seconded, it was unanimously VOTED: To adjourn the 1055th Open Meeting. DOCUMENTS RELIED ON AT THE MEETING Minutes of December 7, 2011 General Manager s Report Fare/Service Analysis and Public Process Easement Memo and Vote Remote Participation Staff Summary LM Heavy Civil Construction/Littleton Station Staff Summary PB Americas Bi-Level Car Procurement Program