CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS MEETING 2910 East Fifth Street Austin, TX :00 PM 7:40 PM Meeting Adjourned

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1 CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS MEETING 2910 East Fifth Street Austin, TX ~ MINUTES ~ Executive Assistant/Board Liaison Gina Estrada Monday, June 27, :00 PM Meeting Called To Order 3:00 PM 7:40 PM Meeting Adjourned I. Pledge of Allegiance II. Public Comment: 1. Michael Zitz-Evancih commented on issues regarding the need for a new IVR system, was glad to hear about the IVR focus group, concerns regarding implementing the functional assessment for MetroAccess and issues with two bus stops with no pocket schedules. 2. Donna Waggoner stated that she wanted to speak on behalf of the STS drivers, she would like the regular more experienced drivers and not have to worry about getting lost with the non-experienced drivers, the LeFleur drivers. The MetroAccess drivers are more experienced and know how to secure their chairs and get them to their destination safely. 3. Joe Bogard expressed anger with Capital Metro regarding rude drivers, broken glasses that were not replaced, concerned about women and children out in the heat because there are not enough shelters at bus stops, staff should have to ride the bus for six months and see what it is like in the heat, infrequent bus routes and poor bus connections. Chair Martinez - We will get with someone to sit down with you and discuss this further. Staff can specifically take your complaints, what routes you are on and see what we can do to improve the service. III. Advisory Committee Updates: 1. Update on the Customer Satisfaction Advisory Committee (CSAC). Community Involvement Manager John-Michael Cortez provided updates on behalf of the Customer Satisfaction Advisory Committee (CSAC). Frank Ordaz Director of Financial Planning provided an overview of the budget process for FY2012. John- Michael provided updates on the Basic Transportation Needs Fund and the regional system plan. The committee also passed a resolution stating that for the future the website maintenance for capmetro.org should be done during the hours of midnight and 6:00 a.m. when people are not as likely to use the site. Norm Chafetz - Is it possible to get a report in the board packet? Cortez - Yes we can. Chair Martinez - I would like the committee to keep on the radar screen about the city implementing parking meter charges in the downtown area on nights and weekends. Cortez - I will relay to our planning department. 2. Update on the Access Advisory Committee (AAC). Access Committee Chair Boone Blocker provided updates for the Access Advisory Committee (AAC). (see attachment) He reported that the Access Committee got an Board of Directors Page 1 Printed 7/26/2011

2 Regular Meeting Minutes June 27, 2011 overview of the budget process and the MetroRapid project. The committee discussed issues regarding the financial sustainability of operating MetroRail, they also received clarification regarding the recertification application and was assured that the application being used is the old application and process. The committee also discussed an accessible documents policy, the dissolving of the MetroMobility Working Group (MMWG), functional assessments issues and riders having difficulty boarding the LeFleur vehicles. IV. Executive Session of Chapter 551 of the Texas Government Code: Section of the Texas Government Code - Legal advice regarding labor structure and contracted services. Board went into executive session for legal advice regarding contracted services and downtown right of way at 3:09 p.m. Board returned from executive session at 4:16 p.m. Board went into executive session for legal advice regarding Labor structure at 5:31 p.m. Board returned from executive session at 6:37 p.m. Section of the Texas Government Code - Real property issues regarding downtown right Of way. V. Board Committee Updates: 1. Finance/Audit Committee; Frank Fernandez, chair of the committee, provided updates to the board. The committee received an overview of the long-range financial plan from Interim Chief Financial Officer Billy Hamilton. The challenge for the agency is going to be cash flow and deferred maintenance. 2. Rail Committee; John Langmore, chair of the committee, provided updates to the board. The committee discussed possible rail schedule changes, and the committee agreed to hold off until January They also got an overview of Austin's bike share program, and they discussed the issue about pedestrian/bike accessibility at rail crossings. It was noted that this is a city issue and Capital Metro will be working with the city to resolve it. 3. Operations/Planning Committee; Chris Riley, chair of the committee provided, updates to the board. The last committee meeting was cancelled and several items on today's agenda will be pulled to allow the committee members to consider the items. 4. Labor Committee; Mike Martinez, chair of the committee, provided updates to the board. The committee met on June 13 and continued deliberations with Linda Cherrington from Texas Transportation Institute (TTI) and continued discussions related to SB CAMPO update Justine Blackmore-Hlista provided updates on the Capital Area Metropolitan Planning Organization (CAMPO) board meeting. She stated that Capital Metro has asked for an Board of Directors Page 2 Printed 7/26/2011

3 Regular Meeting Minutes June 27, 2011 VI. amendment to the Transportation Improvement Program, CAMPO is taking funding applications through June 30 for the Surface Transportation Program-Metropolitan Mobility (STP-MM) grant program and Capital Metro is applying for funds for five projects. Action Items: 1. Resolution CMTA Board Minutes Approval of board minutes for May 23, RESULT: ADOPTED [UNANIMOUS] MOVER: Ann Stafford, Board Member SECONDER: Justine Hlista, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley 2. Resolution CMTA MetroAccess Taxi Voucher Contract Closeout Approval of a resolution authorizing the president/ceo, or her designee, to execute a contract modification that increases the total amount of the taxi voucher contract for the payment of invoices for services provided by Greater Austin Transportation Company and Austin Cab for the MetroAccess Taxi Voucher System in an amount not to exceed $740,000. Deferred to committee next month. RESULT: TABLED Next: 7/25/2011 3:00 PM 3. Resolution CMTA Miscellaneous Concrete Construction Approval of a resolution authorizing the president/ceo, or her designee, to finalize and execute construction contract(s) for miscellaneous concrete construction with Prism Development Inc. and Riata Enterprises, for the construction of bus stop improvements including accessibility features in an amount not to exceed $1,800,000 for a two-year base period and a one-year option period. Deferred to committee next month. RESULT: TABLED Next: 7/25/2011 3:00 PM 4. Resolution CMTA HNTB General Engineering Services Contract Approval of a resolution authorizing the president/ceo, or her designee, to execute a one-year extension to the existing contract with HNTB Corporation for statutory professional design services. Three additional one-year options remain. The contract amount for this one-year extension is not to exceed $875,000. RESULT: ADOPTED [UNANIMOUS] MOVER: John Langmore, Vice Chairman SECONDER: Chris Riley, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley 5. Resolution CMTA Buswash Purchase 2011 Board of Directors Page 3 Printed 7/26/2011

4 Regular Meeting Minutes June 27, 2011 Approval of a resolution authorizing the president/ceo, or her designee, to finalize and execute a contract with the Houston Galveston Area Council (H-GAC) Cooperative Purchasing and Whiting Systems for the removal and replacement of three (3) Smart Wash Super Scout gantry wash systems, located at 2910 East 5th Street, in an amount, not to exceed $460,471. Deferred to committee next month. RESULT: TABLED Next: 7/25/2011 3:00 PM 6. Resolution CMTA Replacement of Network Switch at CTECC Approval of a resolution authorizing the ratification of a contract with INX Corporation for a Cisco Nexus 7000 Switch in an amount not to exceed $116,838. Deferred to committee next month. RESULT: TABLED Next: 7/25/2011 3:00 PM 7. Resolution CMTA Third Party Functional Assessment Services Approval of a resolution authorizing the president/ceo, or her designee, to finalize and execute a contract with Concentra Health Services for third party functional assessment services for $1,553,477. MetroAccess Interim Assistant Manager Chad Ballentine provided information on Third Party Functional Assessment. (see attachment) Public Comment: 1. Sandra Seekamp stated that she was concerned because Access Committee was not involved in the process, the contract that was being sent out to each of these companies should have been given to the Access Committee to look at to give our feedback. Also, many members have never seen the LeFleur vehicles, no advice being allowed from us and we would like to look at the contract and give our feedback. Chair Martinez stated he would like staff to respond to what we did for Access Committee update and inclusion in the functional assessment process. Chad Ballentine - We worked with MMWG and the advisory committee to create the structure, we did not tell them what to test for we want their expertise to test all the different things and make it consistent every time. Chair Martinez - How will Access be involved in all these interviews with the applicants? Ballentine - We will start filling in the pieces as we get the contractor on board then we will bring back to the Access Committee with monthly updates. Also invite them down for a functional assessment before it goes out to the public Chair Martinez - Access will get monthly updates regarding good and bad, things that need to be improved and things that are working well? Ballentine - Yes Chair Martinez - What committee does this go through? Ballentine - Operations/planning as needed. Board of Directors Page 4 Printed 7/26/2011

5 Regular Meeting Minutes June 27, 2011 Chris Riley - The information in the RFP with respect to the particular test that would be expected of this contractor. Can you go over what was in the RFP in terms of the parameter of the test of what we are expecting? Ballentine - We went to what we know as the best practices in the industry for paratransit eligibility. Beverly Silas - Looking at back up material, all the DBE requirements are to be determined. What process are we going to go through to determine what those DBE percentages will be? Aida Douglas - The goal for this solicitation was race neutral which means they will be able to tell us the amount of what percentages they will be able to do. They have found three vendors and we anticipate a minimum of 5% of the DBE which can be exceeded and we have a range we have been working with the vendors. Can't determine exact amount. 2. Pat Bartel commented regarding the documents submitted to the FTA regarding the FTA investigation. (handout to the board) He suggested that the board postpone taking action on this contract until the board has time to thoroughly review the documents that have been filed with the Federal Transit Administration. Capital Metro needs to put off the decision with this company for now and until the July board meeting. He has concerns with some of the language in the RFP. He also stated that other transit agencies that use third party functional assessment contractors do not micro-manage the contractors and that's why you didn't get the bids you wanted because companies like Easter Seals do not like being micro-managed. If you approve this RFP the way it is written you will have a lot of appeals. How can you reasonably make a decision on this bidder today? Ann Stafford - When the service providers discussed the eligibility process, one of the things they asked was is it a role that they can play and other questions? Please keep those request in mind. Board member Chafetz moved to postpone the item until July meeting so the item can go through the operations/planning committee. Board member Hlista seconded. John Langmore - I would hope that in conjunction with this that we talk about if there are any implications to the letter that we got from DOT on proceeding with this particular piece, just make sure that it is covered at the operations/planning committee. RESULT: TABLED Next: 7/25/2011 3:00 PM 8. Resolution CMTA Board Personal Financial Statement Policy Approval of a resolution requiring all members of the Capital Metro board of directors to complete a Board Member Statement of Financial Interest and Affiliation no later than January 31st of each year for the prior year that shall be kept on file by the Authority and available to the public upon request. Public Comment: David Wittee stated that he would like a meeting with the CEO Linda Watson before final budget vote. He would also like for Capital Metro to abide with the agreement between ADAPT and Capital Metro to bring its bus stops into compliance with the Board of Directors Page 5 Printed 7/26/2011

6 Regular Meeting Minutes June 27, 2011 Americans with Disabilities Act (ADA). He would like for the board to consider the accessibility of the bus stops during the FY2012 budget development process and provide additional wheelchair accessibility on the new Rapid buses. RESULT: ADOPTED [UNANIMOUS] MOVER: Norm Chafetz, Board Member SECONDER: Ann Stafford, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley 9. Resolution CMTA CAMPO STP-MM Grant Application Approval of a resolution authorizing the president/ceo, or her designee, for identification and approval of projects to be submitted for funding consideration through the Capital Area Metropolitan Planning Organization (CAMPO) Surface Transportation Program Metropolitan Mobility (STP-MM) grant program. VP, of Planning Todd Hemingson provided updates. (see attachment) RESULT: ADOPTED [UNANIMOUS] MOVER: Justine Hlista, Board Member SECONDER: Frank Fernandez, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley 10. Resolution CMTA Code of Conduct Reconciliation for Contracting Approval of a resolution assuring employees that Section IV.15. of the Code of Conduct will not be held applicable to prohibit individuals seeking employment with contractors for Capital Metro to provide transit services entered into as a result of implementation of the labor structure requirements of Senate Bill 650, 82nd Legislature. RESULT: ADOPTED [UNANIMOUS] MOVER: John Langmore, Vice Chairman SECONDER: Ann Stafford, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley 11. Resolution CMTA Labor Structure Approval of a resolution authorizing the president/ceo, or her designee, to implement the requirement of Senate Bill 650 that not later than September 1, 2012, individuals providing transit services for Capital Metro must be providing those services as employees of the authority or under a contract or agreement that complies with the competitive procurement and purchase requirements of Section of the bill. Further, the president/ceo, or her designee is directed to execute the implementation plan to competitively procure services now provided by StarTran, Inc. Director of Human Resources Donna Simmons provided background on the process and the history of the labor structure. Linda Cherrington from Texas Transportation Institute provided a summary of their research related to cost comparisons and Billy Hamilton discussed the long-term financial impact of both of the two options proposed. (see attachment) Board of Directors Page 6 Printed 7/26/2011

7 Regular Meeting Minutes June 27, 2011 Public Comment: 1. Rick Levy, representing the AFL-CIO spoke on changes that would negatively affect bargaining employees by cutting their wages and benefits, this is important to working people. 2. Bill Kweder spoke on behalf of ATU local 1091 stating that Sunset concluded that StarTran was not sustainable, we didn't spend the money, the union was not responsible for the wasteful spending of agency management but the first place the agency looks to save is by cutting wages and benefits. 3. Glenda Pittman stated that the board should keep promises they made in 1985 related to wages and benefits. Ms. Pittman stated "we urge you to keep your promises or ATU will have no choice but to fight." Chair Martinez stated that this is a start to a process, we value our workforce, the path that we are on is not sustainable. I took this position for one reason, this issue, I was asked to take this position by the president of your local. Hopefully we can agree on core terms to put in the RFP, we have to make some changes. John Langmore stated that he shares the chair's commitment to work through this to work to try to reach some mutually agreeable place. Chris Riley commented that we have always been proud of our workforce and I hope we can have some serious conversations ahead in order to figure out what is going to go in that RFP to make sure that the workers' needs are met. Frank Fernandez commented on a couple of points that were made. You guys asked what did we do wrong? You did nothing wrong. We are dealing with how do we balance this and protect the workforce in long term financial sustainability? We encourage you to provide that feedback and work with us as we try to provide these core terms. Ann Stafford commented that this is a heavy decision to make over the next few months because we know that peoples lives and livelihood are dependent on the decisions we make. What we do may not be perfect in your eyes, but I promise that we are perfectly committed to do the very best that we can possibly do in this process. Chair Martinez read the final resolve of the resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Norm Chafetz, Board Member SECONDER: John Langmore, Vice Chairman AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley VII. Presentations: None VIII. Reports: 1. Planning/Development VP, of Planning Todd Hemingson presented a ridership report. He stated that ridership is up system wide. (see CEO report) Board of Directors Page 7 Printed 7/26/2011

8 Regular Meeting Minutes June 27, Operations EVP, and COO Elaine Timbes provided the operations report. (see CEO report) 3. Finance Interim EVP, Finance provided finance updates. (see CEO report) He reported that there were no new trends to report, revenues are tracking what we budgeted except for the forecast for fares. The budgeted amount for fares is more than what we are receiving, but it has been offset by an increase in sales tax. 4. President s Report President/CEO Linda Watson provided updates to the board regarding our celebration of Dump the Pump Day on June 16. She also recognized StarTran Interim General Manager Dottie Watkins and Business Development Manager/DBE Officer Aida Douglas, who were both recipients of Mass Transit Magazine s 40 Under 40 awards. (see CEO report) IX. Items for Future Discussion: X. Adjournment The meeting was adjourned at 7:40 p.m. ADA Compliance Reasonable modifications and equal access to communications are provided upon request. Please call (512) or gina.estrada@capmetro.org if you need more information. BOARD OF DIRECTORS: Mayor Pro Tem Mike Martinez, chairperson; John Langmore, vice chair; Beverly S. Silas, board secretary; Council Member Chris Riley; Mayor Justine Hlista; Frank Fernandez; Ann M. Stafford and Norm Chafetz. Board Liaison: Gina Estrada (512) , gina.estrada@capmetro.org if you need more information. The Board of Directors may go into closed session under the Texas Open Meetings Act. In accordance with Texas Government Code, Section , consultation with attorney for any legal issues, under Section for real property issues; under Section for personnel matters, or under Section , for deliberation regarding the deployment or implementation of security personnel or devices; arising regarding any item listed on this agenda. Date: June 27, 2011 Yvonne Allen Legal/Board Support Specialist II Board of Directors Page 8 Printed 7/26/2011

9 Capital Metropolitan Transportation Authority MEETING DATE: 06/27/2011 Board of Directors CMTA Board Minutes 6.1 SUBJECT: Approval of board minutes for May 23, FISCAL IMPACT: This action has no fiscal impact. ROUTE 2025 STRATEGIC ALIGNMENT: Does not apply. DBE PARTICIPATION: Does not apply. RESPONSIBLE DEPARTMENT: Board of Directors LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 9

10 6.1 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Board Minutes. RESULT: ADOPTED [UNANIMOUS] MOVER: Ann Stafford, Board Member SECONDER: Justine Hlista, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley Date: June 27, 2011 Secretary of the Board Beverly Silas Page 2 Packet Pg. 10

11 Capital Metropolitan Transportation Authority MEETING DATE: 06/27/2011 Board of Directors CMTA MetroAccess Taxi Voucher Contract Closeout 6.2 SUBJECT: Approval of a resolution authorizing the president/ceo, or her designee, to execute a contract modification that increases the total amount of the taxi voucher contract for the payment of invoices for services provided by Greater Austin Transportation Company and Austin Cab for the MetroAccess Taxi Voucher System in an amount not to exceed $740,000. FISCAL IMPACT: Funding for this action is available in the FY2011 operating budget. COMMITTEE RECOMMENDATION: This agenda item was approved by the operations/planning committee on July 20, EXECUTIVE SUMMARY: Capital Metro contracted with local taxi companies to support Metro Access service since 1989 using a voucher system. The voucher contract and extensions expired on April 30, The voucher system offsets service demand by offering MetroAccess eligible customers subsidized taxi rides for trips that could not conveniently be scheduled in advance through normal processes. Cabs handled trips not able to be scheduled within our resources. For customer requested taxi cab service, Capital Metro paid companies based on trip distance. In all cases a not-to exceed amount per trip was established. Customers paid taxi drivers a base fare plus any amount over the not-to-exceed figure. For trips that could not be scheduled in advance through the normal scheduling process, Capital Metro would pay the full fare, less the base fare that is paid by the customer. On an average weekday, approximately 800 one-way trips were provided. ROUTE 2025 STRATEGIC ALIGNMENT: Strategic Partnering. DBE PARTICIPATION: Due to the specialized nature of this project, DBE participation has been set as race neutral. PROCUREMENT: In 2005, the board of directors authorized one year contracts with the local taxi companies. Each subsequent year the board authorized to exercise the option year provision to extend services which ended on April 30, Additional funding is necessary to complete payment for services rendered on or before April 30, RESPONSIBLE DEPARTMENT: Operations Administration Page 1 Packet Pg. 11

12 6.2 LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 12

13 6.2 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA MetroAccess Taxi Voucher Contract Closeout WHEREAS, the board of directors and Capital Metro management recognize the need to authorize a contract modification that increases the total amount of the taxi voucher contract for the payment of invoices for the services provided by Greater Austin Transportation Company and Austin Cab. NOW, THEREFORE, BE IT RESOLVED that the Capital Metropolitan Transportation Authority board of directors authorizes the president/ceo, or her designee, to modify the total amount of the taxi voucher contract for the payment of invoices for the service provided by Greater Austin Transportation Company and Austin Cab for the MetroAccess Taxi Voucher System for an amount not to exceed $740,000. RESULT: TABLED Next: 7/25/2011 3:00 PM Date: June 27, 2011 Secretary of the Board Beverly Silas Page 3 Packet Pg. 13

14 Capital Metropolitan Transportation Authority MEETING DATE: 06/27/2011 Board of Directors CMTA Miscellaneous Concrete Construction 6.3 SUBJECT: Approval of a resolution authorizing the president/ceo, or her designee, to finalize and execute construction contract(s) for miscellaneous concrete construction with Prism Development Inc. and Riata Enterprises, for the construction of bus stop improvements including accessibility features in an amount not to exceed $1,800,000 for a two-year base period and a one-year option period. FISCAL IMPACT: Funding for this action is available in the FY2011 capital budget. COMMITTEE RECOMMENDATION: This agenda item was approved by the operations/planning committee on July 20, EXECUTIVE SUMMARY: The Capital Metro Engineering and Construction Department through its Passenger Infrastructure Program is proceeding with an aggressive building program (Miscellaneous Concrete Construction) to upgrade and enhance passenger accessibility at bus stops throughout the Capital Metro service area. Examples of these miscellaneous concrete accessibility improvements are passenger landing pads, curb ramps and sidewalk extensions. The miscellaneous concrete installations are small straightforward activities which are constructed to city of Austin standard specifications and which do not require a unique individual design. In these cases, the project and program schedule can be greatly reduced by having task order contracts in place with contractor(s) and implementation being authorized by written task orders. Funding is available in the FY2011 capital budget and subsequent years' capital budgets if approved. This contract is an indefinite quantity/indefinite delivery contract giving Capital Metro the flexibility to construct miscellaneous concrete facilities in a more timely and cost effective manner on a project-specific basis. ROUTE 2025 STRATEGIC ALIGNMENT: Customer Driven Service Excellence. DBE PARTICIPATION: The contractor will exceed the goal utilizing the following DBE contractors. The goal is 14%. Prism is a DBE certified firm and achieved 100% DBE compliance. Riata will exceed the goal utilizing the following DBE subcontractors: DBE: Lone Star Ready Mix R. Herndon Trucking SERVICE/PRODUCT Concrete Hauling Total % 12% 4% 16% Page 1 Packet Pg. 14

15 6.3 PROCUREMENT: IFB was issued on April 27, 2011 and opened May 27, Seven (7) bids were received. The recommendation is for two (2) awards to the lowest bidders, Prism Development, Inc. and Riata Enterprises. The pricing was determined to be fair and reasonable based on adequate competition. RESPONSIBLE DEPARTMENT: Operations LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 15

16 6.3 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Miscellaneous Concrete Construction WHEREAS, the Capital Metropolitan Transportation Authority board of directors endeavors to provide improvements and enhanced accessibility at bus stops throughout the Capital Metro service area; and WHEREAS, this objective can be accomplished through the construction of bus stop improvements utilizing these task order construction contracts. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority board of directors that the president/ceo, or her designee, is hereby authorized to finalize and execute construction contract(s) for miscellaneous concrete construction with Prism Development Inc. and Riata Enterprises for the construction of bus stop improvements including accessibility features in an amount not to exceed $1,800,000 for a two-year base period and a one-year option period. RESULT: TABLED Next: 7/25/2011 3:00 PM Date: June 27, 2011 Secretary of the Board Beverly Silas Page 3 Packet Pg. 16

17 Capital Metropolitan Transportation Authority MEETING DATE: 06/27/2011 Board of Directors CMTA HNTB General Engineering Services Contract 6.4 SUBJECT: Approval of a resolution authorizing the president/ceo, or her designee, to execute a one-year extension to the existing contract with HNTB Corporation for statutory professional design services. Three additional one-year options remain. The contract amount for this one-year extension is not to exceed $875,000. FISCAL IMPACT: Funding for this action is available in the FY2011 capital budget. COMMITTEE RECOMMENDATION: This agenda item was approved by the finance/audit committee on June 8, EXECUTIVE SUMMARY: Capital Metro requires professional design services through a task order contract to serve all Capital Metro consulting design needs. Services may include but are not necessarily limited to: RAILROAD ENGINEERING: Track, bridge, signal and railroad system related professional engineering design services. ENGINEERING AND ARCHITECTURAL SERVICES: New transportation/transit facilities including administrative and maintenance buildings, any roadway or rail ROW construction, transit oriented developments and any other multi-modal transit related facilities such as park and ride lots, bus stops and amenities and rail stations, transfer centers, neighborhood transfer centers, maintenance facilities, future MetroRapid bus extensions, and other related facilities to Capital Metro s bus service and operations. PROGRAM / PROJECT MANAGEMENT ASSISTANCE: Capital Metro may require assistance in program and project management, including processing of documentation as well as project reporting. Field monitoring of construction activities may also be required. DESIGN-BUILD PROJECTS: Capital Metro may elect to implement design-build projects. The role of this consultant in these project methods would be limited to developing project requirements including advancing the design to a sufficient stage whereby the project elements are adequately defined and determined. This consultant would continue to assist Capital Metro throughout the design-build project and therefore would be ineligible to participate in the design-build contract. Subsequent year options will be approved by the board of directors each year and will be tied to the annually approved Capital Improvement Program. ROUTE 2025 STRATEGIC ALIGNMENT: Customer Driven Service Excellence. Page 1 Packet Pg. 17

18 6.4 DBE PARTICIPATION: This percentage will apply to this and subsequent modifications. The DBE goal is 18%. DBE MWM Design Group SERVICE/PRODUCT Architecture/Civil Engineering % 8% PE Structural Consultants Structural Engineering 3% Knudson, LLP GIS Coordination 7% Group Solutions Public Involvement/Community 3% Relations Total 21% PROCUREMENT: On June 28, 2010 via Resolution No. CMTA , the board approved award of the HNTB Corporation contract for general engineering services in an amount not to exceed $1,000,000 for one (1) base year. Subsequent year options are to be approved by the board of directors each year and are tied to the annually approved Capital Improvement Program. Overall, prices from HNTB and sub-consultants are determined to be fair and reasonable. The option year term is July 26, 2011 through July 25, The amount added for Option Year 1 is $875,000. If approved, the contract total will be $1,875,000 for the one year base period and the one year option period. RESPONSIBLE DEPARTMENT: Operations LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 18

19 6.4 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA HNTB General Engineering Services Contract WHEREAS, the Capital Metropolitan Transportation Authority board of directors and Capital Metro management recognize the need for statutory professional design expertise for all Capital Metro projects. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority board of directors that the president/ceo, or her designee, is authorized to execute a one-year extension to the existing contract with HNTB Corporation for statutory professional design services. Three additional one-year options remain. The contract amount for this one-year extension is not to exceed $875,000. Subsequent year options will be approved by the board of directors each year and will be tied to the annually approved Capital Improvement Program. RESULT: ADOPTED [UNANIMOUS] MOVER: John Langmore, Vice Chairman SECONDER: Chris Riley, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley Date: June 27, 2011 Secretary of the Board Beverly Silas Page 3 Packet Pg. 19

20 Capital Metropolitan Transportation Authority MEETING DATE: 06/27/2011 Board of Directors CMTA Buswash Purchase SUBJECT: Approval of a resolution authorizing the president/ceo, or her designee, to finalize and execute a contract with the Houston Galveston Area Council (H-GAC) Cooperative Purchasing and Whiting Systems for the removal and replacement of three (3) Smart Wash Super Scout gantry wash systems, located at 2910 East 5th Street, in an amount, not to exceed $460,471. FISCAL IMPACT: Funding for this action is available in the FY2011 capital budget. COMMITTEE RECOMMENDATION: This agenda item was approved by the operations/planning committee on July 20, EXECUTIVE SUMMARY: The three (3) existing bus wash systems located at 2910 East 5 th Street are gantry type bus washers that are used every night to clean the exterior of the bus fleet prior to pull-out. They are fifteen years old and are at the end of their useful life cycle. The wash systems are being replaced with similar type gantry wash systems that are equipped with modern controls and features. The new wash systems will reduce equipment down time, and operate using less energy and less water. ROUTE 2025 STRATEGIC ALIGNMENT: Customer Driven Service Excellence. DBE PARTICIPATION: Due to the specialized nature of this project, DBE participation has been set as race neutral. PROCUREMENT: This procurement was determined to be suitable for an Intergovernmental Procurement Agreement purchase for the following reasons: The Houston-Galveston Area Council (H-GAC) issued a competitive solicitation for Fleet Services Equipment FL03-11 and made award to Whiting Systems on January 25, H-GAC s awarded contracts are made available for use by Capital Metro via Title 7. Intergovernmental Relations Chapter 791. Interlocal Cooperation Contracts and The Texas Interlocal Cooperation Act. Purchases made by using H-GAC procedures satisfy otherwise applicable competitive bidding requirements. Pricing for equipment and installation was determined to be fair and reasonable by the Houston-Galveston Area Council organization during its solicitation and award process. RESPONSIBLE DEPARTMENT: Operations Page 1 Packet Pg. 20

21 6.5 LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 21

22 6.5 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Buswash Purchase 2011 WHEREAS, the board of directors and Capital Metro management recognize the need to maintain Capital Metropolitan Transportation Authority equipment and assets in a state of good repair; and WHEREAS, the board of directors and Capital Metro management recognize the need to maintain revenue equipment in a clean condition. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority board of directors that the president/ceo, or her designee, is authorized to finalize and execute a contract with the Houston Galveston Area Council (H-GAC) and Whiting Systems for removal and replacement of three (3) Smart Wash Super Scout gantry wash systems located at 2910 East 5 th street, in an amount, not to exceed $460,471. RESULT: TABLED Next: 7/25/2011 3:00 PM Date: June 27, 2011 Secretary of the Board Beverly Silas Page 3 Packet Pg. 22

23 Capital Metropolitan Transportation Authority MEETING DATE: 06/27/2011 Board of Directors CMTA Replacement of Network Switch at CTECC 6.6 SUBJECT: Approval of a resolution authorizing the ratification of a contract with INX Corporation for a Cisco Nexus 7000 Switch in an amount not to exceed $116,838. FISCAL IMPACT: Funding for this action is available in the FY2011 capital budget. COMMITTEE RECOMMENDATION: This agenda item was approved by the operations/ planning committee on July 20, EXECUTIVE SUMMARY:To enable Capital Metro to provide the services offered to the community, the agency depends on a reliable technology infrastructure that allows the various software applications and tools to execute quickly, perform reliably, and provide data as needed. To ensure this reliability, components of the technology infrastructure have to be replaced and/or upgraded periodically as the components reach their end of life or restrict new technology from being implemented. This resolution is to request ratification of a contract to purchase a new Cisco Nexus 7000 Switch that will replace a switch that has reached its end of life. This item was scheduled for the June board of directors meeting but could not be considered. In order to secure the promotional pricing, a contract had to be entered into prior to the July board meeting, otherwise we would have incurred an additional $76,000 in cost. A network switch is a hardware device that joins multiple Servers and PCs together so that they can communicate with each other. Purchasing this new switch will result in the following: 1. Replacement of a six (6) year old core data switch at the Capital Metro collocation site (CTECC). This switch is a critical infrastructure component since all servers that support the Capital Metro production systems connect to that switch and all communication by production applications rely on the switch to operate as designed. 2. Redundancy at the switch level to decrease down-time of production servers since currently there is no redundancy. This new switch would add this redundancy by providing: separate printed circuit cards on separate plug in backplanes allowing each server to connect to either backplanes multiple power supplies, unlike the current switch, thus reducing the risk of a single power supply going out 3. Improved and updated technology by implementing the latest technologies from Cisco thus giving the agency the ability to grow, scale, and integrate with future technologies much easier. This will include: Page 1 Packet Pg. 23

24 6.6 ability to do on the fly upgrades and testing ability to utilize 10G technology. 4. Additional switch ports than currently exist that will give the production related servers multiple paths of connectivity to the network. ROUTE 2025 STRATEGIC ALIGNMENT: Does not apply. DBE PARTICIPATION: Any DBE participation will be captured as race neutral. DBE goals do not apply. The responsible government agency establishes its own small, minority, and women-owned goals. PROCUREMENT: This purchase utilizes Department of Information Resources Information and Communications Technology (ICT) Cooperative Contracts program in compliance with Texas Government Code Section (b) which states that ICT purchases meet the competitive procurement requirements for all governmental entities. The following DIR contract will be used for the supply of the Cisco networking equipment: INX, Inc. DIR-SDD-1386 in an amount not to exceed $ RESPONSIBLE DEPARTMENT: Information Technology LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 24

25 6.6 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Replacement of Network Switch at CTECC WHEREAS, the board of directors and Capital Metro recognize the need to maintain a reliable technology infrastructure by replacing components that impede the implementation of new technology or have reached their scheduled replacement time; and WHEREAS, in order to secure promotional pricing Capital Metro was required to execute the contract prior to formal board action. NOW, THEREFORE, BE IT RESOLVED that the Capital Metropolitan Transportation Authority board of directors authorizes the ratification of a contract with INX Corporation for a Cisco Nexus 7000 Switch in an amount not to exceed $116,838. RESULT: TABLED Next: 7/25/2011 3:00 PM Date: June 27, 2011 Secretary of the Board Beverly Silas Page 3 Packet Pg. 25

26 Capital Metropolitan Transportation Authority MEETING DATE: 06/27/2011 Board of Directors CMTA Third Party Functional Assessment Services 6.7 SUBJECT: Approval of a resolution authorizing the president/ceo, or her designee, to finalize and execute a contract with Concentra Health Services for third party functional assessment services for $1,553,477. FISCAL IMPACT: Funding for this action is available in the FY2011 operating budget. COMMITTEE RECOMMENDATION: This agenda item was approved by the operations/planning committee on July 20, EXECUTIVE SUMMARY: Capital Metro currently determines paratransit eligibility for the MetroAccess program through a mail-in paper application in conjunction with a professional s verification of disability. Under the new contract, Capital Metro staff will conduct in-person interviews with all applicants. Applicants that are not screened into the MetroAccess service will be forwarded to the third party contractor for the functional assessment. The third party contractor receives the client to conduct a specialized transit-focused functional assessment used for accurately determining what mobility skills each applicant possesses. The entire process will take place at the 323 Congress Ave. location in Downtown Austin. The third party contractor will have orientation & mobility specialists or other professional staff trained in the field of occupational therapy to conduct functional assessments. The contractor will use information from the interview, passenger application, professional verification form and information obtained through the functional assessment to make a final recommendation to the Capital Metro eligibility coordinator. ROUTE 2025 STRATEGIC ALIGNMENT: Sustainable Business Growth. DBE PARTICIPATION: Due to the specialized nature of this project, DBE participation has been set as race neutral. The vendor will achieve DBE participation utilizing the following DBE subcontractors: DBE SERVICE/PRODUCT % Key Staff Personnel Staffing TBD Lone Star Office Products Office Supplies TBD MetroPlex Medical Supply Medical Supplies TBD PROCUREMENT: On March 14, 2011 a request for proposal was issued and formally advertised. By the closing date of April 19, 2011 two proposals were received. Proposals were scored based on the following criteria in descending order of Page 1 Packet Pg. 26

27 6.7 importance: The proposed plan for performance and the technical approach, technical background and past performance, corporate experience and past performance, qualifications of the project team members and price. Final proposal revisions were received by the due date of May 12, Concentra Health Services was rated highest, all factors considered. The price was determined to be fair and reasonable based on adequate competition. The contract is a firm fixed price type contract. The period of performance is three base years and two one year options. Pricing for the Functional Assessment Services is as follows: Base Term - 3 Year $ 912,149 Option Year 1 $ 316,100 Option Year 2 $ 325,228 Total 5 years: $1,553,477 RESPONSIBLE DEPARTMENT: Operations LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 27

28 6.7 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Third Party Functional Assessment Services WHEREAS, the Capital Metropolitan Transportation Authority board of directors and Capital Metro management recognize the need to ensure accurate eligibility determinations for Capital Metro s MetroAccess paratransit program; and WHEREAS, the board approved an eligibility policy on September 24, 2010 that outlines a process for a third party contractor to conduct specialized transit-focused functional assessments to accurately determine what transit-based mobility skills each applicant possesses. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority board of directors that the president/ceo, or her designee, is authorized to finalize and execute a contract with Concentra Health Services for Third Party Functional Assessment Services in an amount not to exceed $1,553,477. RESULT: TABLED Next: 7/25/2011 3:00 PM Date: June 27, 2011 Secretary of the Board Beverly Silas Page 3 Packet Pg. 28

29 Capital Metropolitan Transportation Authority MEETING DATE: 06/27/2011 Board of Directors CMTA Board Personal Financial Statement Policy 6.8 SUBJECT: Approval of a resolution requiring all members of the Capital Metro board of directors to complete a Board Member Statement of Financial Interest and Affiliation no later than January 31st of each year for the prior year that shall be kept on file by the Authority and available to the public upon request. FISCAL IMPACT: This action has no fiscal impact. COMMITTEE RECOMMENDATION: This agenda item was approved by the finance/audit committee on June 8, EXECUTIVE SUMMARY: All members of the board of directors are required to complete a Statement of Financial Interest and Affiliation upon becoming a member of the board. This statement assists the board member and the Authority in identifying potential conflicts of interest that may arise as a result of financial obligations and investments or employment relations. It is a best practice to require the completion and update of the statement annually with any potential conflicts resulting from any activities from the prior year. The form has been updated to reflect any substantial interests from the prior year. Board members will be required to update their statement by January 31st of each year. Statements will be maintained by the Authority and subject to disclosure under the Texas Public Information Act. ROUTE 2025 STRATEGIC ALIGNMENT: Does not apply. DBE PARTICIPATION: Does not apply. RESPONSIBLE DEPARTMENT: Legal LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 29

30 6.8 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Board Personal Financial Statement Policy WHEREAS, the board of directors desires to ensure that the members of the board comply with state laws and best practices related to conflicts of interest as board members; and WHEREAS, a Statement of Financial Interest and Affiliation is required of all members of the board of directors to assist in complying with these state laws; and WHEREAS, it is a best practice to review and update statements annually to ensure that potential conflicts of interest are disclosed. NOW THEREFORE BE IT RESOLVED, that all members of the Capital Metro board of directors shall complete a Board Member Statement of Financial Interest and Affiliation no later than January 31 st of each year for the prior year that shall be kept on file by the Authority and available to the public upon request. RESULT: ADOPTED [UNANIMOUS] MOVER: Norm Chafetz, Board Member SECONDER: Ann Stafford, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley Date: June 27, 2011 Secretary of the Board Beverly Silas Page 2 Packet Pg. 30

31 6.8.a Board Member s Name: Date of Membership: CAPITAL METROPOLITAN TRANSIT AUTHORITY BOARD OF DIRECTORS Statement of Financial Interest and Affiliation Definitions as used in this Statement: PART A. EMPLOYMENT DATA Business Entity means a sole proprietorship, partnership, limited partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized by law through which business is conducted. Immediate Family means Board Member s spouse, dependent children including adopted children and step-children, and, in addition, any relative who resides in the Board Member s residence. A child is considered to be dependent if you are providing more than 50% of the child s support in a calendar year. Board Member has a Substantial Interest in a business entity or real property if: (a) (b) (c) (d) the interest is ownership of 10 percent or more of the voting stock or shares of the business entity or ownership of 10 percent or more or $15,000 or more of the fair market value of the business entity; funds received by the Board Member from the business entity exceed 10 percent of the Board Member s gross income for the previous year; the interest in real property is an equitable or legal ownership with a fair market value of $2,500 or more; an organization which employs, or is about to employ, the Board Member has a substantial interest in the business entity as defined in (1) and (2). Attachment: Statement of Financial Interest and Affiliation (CMTA : Board Personal Financial Statement Policy) Page 1 of 4 HB# Packet Pg. 31

32 6.8.a PART B. EMPLOYMENT AND INTERESTS List the names of any business or other entity with which you were in the last five (5) years an employee, owner, partner, board member, or consultant. If none, write NONE PART C. SUBSTANTAL INTEREST FROM EMPLOYMENT RELATIONSHIPS List the name of any business entities in which you or, to the best of your knowledge, any member of your immediate family have a substantial interest (such as salary, pension or retirement plan, shared income, commitment to hire or rehire, or other arrangement) as a result of any current or past employment, business, or professional relationship. If none, write NONE. Identify by line item which family member s interest is disclosed. *Note Substantial interest includes any entity from which the Board Member or a member of your immediate family received more than 10% of your gross income from the previous year PART D. OWNERSHIP INTERESTS List the name of any business entities in which you or, to the best of your knowledge, any member of your immediate family have a substantial interest through the ownership of stock, stock options, bonds, securities, partnership interests, trusts or other arrangement or relationship. If none, write NONE. Identify by line item which family member s interest is disclosed. *Note Substantial interest includes any entity from which the Board Member or a member of your immediate family received more than 10% of your gross income from the previous year Attachment: Statement of Financial Interest and Affiliation (CMTA : Board Personal Financial Statement Policy) Page 2 of 4 HB# Packet Pg. 32