MBTA
BOARD MEETING OF AUGUST 8, 2012
At the call of the Chair, a meeting of the Board of Directors of the
Massachusetts Bay Transportation Authority was held at Gloucester City Hall,
Kyrouz Auditorium, 9 Dale Avenue, Gloucester, MA on Wednesday, August 8,
2012 at 1:00 p.m.
There were present: Messrs. Jenkins, Alvaro, Whittle and the Misses
Levin and Loux, being a quorum of the Board.
Also in attendance were: the Secretary, Mr. Davey, the Acting General
Manager, Mr. Davis, and Messrs. Kane, Special Counsel and Miss Rollins,
General Counsel to MassDOT and MBTA and Miss Fallon, Recording Secretary
to the Board.
The Chairman, Mr. Jenkins, presided.
Chairman Jenkins called the 1063rd Open Meeting to order.
Board of Directors
Chairman Jenkins opened up public comment.
The first speaker was Rick Moran, representative from the Access
Advisory Committee. Mr. Moran referenced a letter he sent to the Board
regarding the RIDE service, the fare increase and how it negatively it affects the
disability community.
The next speaker is Ian Burreault. Mr. Burreault would like to make sure
that blind people are able to access their fares so they know exactly what their
fares will be when the amounts go up in October. He would like System-wide
Accessibility to work closely with the community to make sure this happens.
The next speaker is Margaret Crowdis. Ms. Crowdis would like the
organization to go and find more money for the buses so there is more service.
She would also like the schedules to be put on larger paper and more clearly.
The next speaker was Senator Bruce Tarr. Senator Tarr welcomed the
Board and noted how dependent the citizens of Gloucester are and the stressed
the needs that they have in Gloucester. He expressed his appreciation for the
responsiveness that MassDOT and the MBTA has had in regard to the
Commuter Rail bridge across the Annisquam River. He also expressed his
appreciation for the work that has been done on the Andrew Bridge and he
hopes that the project can keep moving forward. He ended stressing that he
would like to see more attention given to the Rockport Commuter Rail Station. He
hopes that it doesn’t get lost as a priority. He ended thanking Secretary Davey for
his receptivity for the ideas that he offers and for his responsiveness. He stated
that he is outstanding and he thought the Board should be aware. He ended with
thanking the Secretary and the Board for coming to Gloucester for the meeting.
The next speaker is Marilyn MacNab. Ms. MacNab thanked the Board and
MassDOT for the support they gave for the ADA celebration in Boston. She
stated that everyone had a wonderful travel experience to and from the event
due to the new accessible pathways which include the elevators.
Chairman Jenkins closed public comment period.
The next item on the agenda is the presentation by Paul Talbot,
Administrator from the Cape Ann Transportation Authority (CATA). Mr. Talbot
thanked Acting General Manager for taking time to come and tour the facility and
discussing problems of CATA. Mr. Talbot gave a brief background on CATA and
he also discussed many concerns. He gave a detailed description of the services
that CATA provides along with the needs for their fleet in the coming years.
The next item is the approval of the July 11, 2012 Board meetings.
On motion duly made and seconded, with Director Whittle abstaining it
was;
VOTED: Approved the minutes of July 11, 2012 Board Meeting.
The next item on the agenda is the report from the General Manager. Mr.
Davis stated that in the interest of time he will give an abbreviated report and
submit his full report for the record. Mr. Davis stated that on the safety side they
continue to work with the fatigue awareness program, which is the industry
model. He is pleased to report that for Fiscal Year 2012, ridership has topped
400 million. He noted this is a 5.7% increase over Fiscal Year 2011. He reported
on the fiscal responsibility expecting to end the year slightly ahead on revenues,
expenses.
The General Manager stated that they have received two statements of
qualification for the Commuter Rail procurement. They are Massachusetts Bay
Commuter Rail Company and Keolis American, Incorporated. He stated that they
are disappointed there were not more submittals however, they are continuing
with the development of the request for proposals, which will be discussed with
the board later this month.
Next the General Manger congratulated Scott Kelley, a Senior Project
Manager in the Design and Construction Department, for being awarded the
Francis A. Keville Award. This honor is given to an individual who exemplifies the
highest standard of public service and effective management skills.
He stated that in innovation we are going to expand the mobile ticketing
application on our commuter boat service sometime in fall and commuter rail will
have its pilot start around September.
To follow-up on Hyundai Rotem’s presentation to the Board in June, Anna
Barry be providing you with an update. He also noted that Ms. Barry will be
retiring and leaving the MBTA and has most recently been appointed Deputy
Commissioner for the Connecticut Department of Transportation. He thanked her
for her dedicated and extensive experience along with her long-term service here
at the MBTA.
Director Loux added that Ms. Barry has dedicated her life to the MBTA
and she appreciates her service very much noting that Connecticut is very lucky
to have her. She finished by stating that Ms. Barry has added a lot to this agency
and moving this agency forward. She thanked her noting she can’t believe this is
the last assignment they will be giving her.
Next Anna Barry gave her presentation on the Hyundai Rotem (Rotem).
She thanked everyone for their kind words on her retirement. She gave an
update on their meeting in Philadelphia. They went down to work with Rotem on
expediting their review of the schedule given to the MBTA by Rotem to comply
with the direction that was given to them by the Board in June. Rotem committed
to correcting the flaws in the schedule and to provide a weekly report of project
measurements that will help gauge intermediate progress on vehicle delivery.
Rotem did acknowledge discrepancies in the schedule that MBTA staff identified
and they committed to correct them. Ms. Barry noted that the Authority cannot
yet assess the net impact of these corrections until we see the new schedule.
She noted that there are still some issues that need to be resolved which could
have a negative impact on the schedule. Also, necessary resources were not
clearly defined in CMP20, which is key to validating the schedule. They did
increase staffing levels in Philadelphia from 12 to 34. The staffing levels still fall
short in Changwon of the commitment by Mr. Lee of 293 employees. The
Hyundai inspection of vehicle shipped has improved; however, numerous defects
are not being cleared before shipping. They agreed on weekly Package of
Performance Reports that they would distribute to management bi-weekly, these
will help provide necessary information if submitted properly. The General
Manager will send a follow-up letter to Hyundai Rotem CEO, Mr. M. H. Lee that
will emphasize the importance of fulfilling the commitments he made in his
presentation at the June 6 Board meeting. Director Alvaro asked about what it
means to give them more time. Mr. Davis stated that we need to get from them a
performance metrics and also a schedule that they can live by, costs. Director
Alvaro stated that we don’t have to give them more time, they should just stick to
the agreement. Ms. Barry clarified that she would like to give them more time in
action before we terminate the contract. Director Whittle asked if their specs are
being met from what they promised to provide. Ms. Barry stated that the spec
they promised is not they spec they are required but one they promised as the
Hyundai standard. Chairman Jenkins asked if their specs are superior to ours.
Ms. Barry answered that she would say so. Director Whittle asked if this is a
quality control issue. Ms. Barry responded that it is a quality control and elements
of design. She added that it appears that design makes it harder to weld. Director
Whittle asked what is the real change, the technical side or the manpower. Ms.
Barry stated that it is both, for trucks it’s technical, and then make sure we have a
quality program in Philadelphia. The main issue for the overall production is of
cars is staffing support and engineering support. Chairman Jenkins asked how
much time has Ms. Barry and her team spent in Korea. Ms. Barry answered that
no staff besides a brief visit from Secretary Davey have been to Korea. Chairman
Jenkins stated that it hard to manage this contract without our leadership being
on site checking the news that they receive from Korea. Ms. Barry noted that
they have PB staff there. Chairman Jenkins stated that they need leadership
there not full time staff to get a positive response. He stated that leadership
needs to go over to Korea to get answers.
Chairman Jenkins asked if there were any other questions from the
General Manager’s report. Director Alvaro asked about the Commuter Rail
Procurement and why we only had two interested bidders when we thought we
had 25 interested, have we gone back to find out why the 23 bidders decided not
to participate. Mr. Davis stated they are currently in the process and they have
done that. He stated from the feedback they received it was mostly the incapacity
to be able to take on another large project such as our systems. Some of the
people we thought would be interested in participating either have recently
secured contracts in the U.S. or in Europe. Director Whittle asked if this was
related to the fact that the entire group is back to an operational type of contract.
Mr. Davis said they didn’t hear that necessarily. Director Levin stated that it was
explained as a management job to run but it was not as if people needed to
mobilize 1800 employees. Mr. Davis stated that they emphasized through the
whole process as best they could that this was an open competitive process.
Director Alvaro asked if it is possible to make this process more appealing to
bidders. Mr. Davis stated that they will take a look at the options but he did state
that we have to recognize that we have two well-qualified bidders. Director
Whittle asked when the RFP is scheduled. Mr. Davis stated it is scheduled for a
meeting with the Board sometime in late August to give the Board an opportunity
to review the RFP. Director Levin would like to make sure we take a look at the
length of the contract if competition will not be robust. Chairman Jenkins also
stated that it is important to convey that this is a very open process. Rachael
Rollins, General Counsel for MassDOT and the MBTA stated for the record that
Secretary Davey did not comment during this session.
Chairman Jenkins also noted that State Representative Ann-Margaret
Ferrante came in during the discussion but she had to leave to attend a meeting.
The next item on the agenda the CSX sale has been withdrawn at the
request of the Authority and will be rescheduled at the next Board meeting.
Director Loux asked the General Manager if they were going to get a preview.
Mr. Davis stated that they wanted to wait until September to have a more
thorough discussion as it relates to the transfer of the Framingham to Worcester
line.
The next items on the agenda 7, 8 and 9 will be presented by Ed Hunter.
Mr. Hunter presented item 7 requesting the Board to approve and
authorize the Acting General Manager to execute Contract No. D40CN01 entitled
“Wachusett Extension Project, Wachusett Station and Layover Facility-Site
preparation, Fitchburg and Westminster, MA” with S & R Construction
Enterprises for a sum not to exceed $3,748,644 with a completion date of four
months from the date of the Notice to Proceed. Director Alvaro asked that the
vote they were given be amended to reflect authorization instead of ratification
which was originally given to the board.
On motion duly made and seconded; it was unanimously,
VOTED:That the Acting General Manager and Rail and Transit Administrator
be, and hereby is, authorized to execute in the name of and on behalf of the
Authority, subject to the approval of the Massachusetts Department of
Transportation (MassDOT) and in the form approved by General Counsel, a
contract with S&R Construction Enterprises for, MBTA Contract No.
D40CN01, entitled "Wachusett Station and Layover Facility - Site
Preparation, Fitchburg and Westminster, MA" for a sum not to exceed
$3,748,644.00, based upon a schedule of unit, lump sum and allowance bid
prices, said Contractor being the lowest responsible and eligible bidder in
response to requests for sealed proposals.
The next item 8 on the agenda is a request for the Board to approve and
authorize the Acting General Manager to execute Contract No. B03CN01 entitled
“Reconstruction of the Shawsheen River Bridges on the West Route in Andover,
MA.” with J. F. White Contracting Company, for a sum not to exceed
$10,926,000 for a construction duration of 28 months from the Notice to Proceed.
The railroad bridges in Andover over the Shawsheen River carry the West Route
Commuter Rail Service, Amtrak Service from Boston to Maine and Pan Am
Freight Service. This contract involves reconstruction of the two historic arch
bridges over the Shawsheen River in Andover, MA. Director Whittle asked if all
these movements happened after one storm. Mr. Hunter stated that it happened
over a period of time when they would go out and inspect the bridges. Director
Whittle asked why J. F. White was so much lower than the other bidders. Mr.
Hunter stated that they were the emergency bridge contractor that worked on the
bridge so they had a pretty good idea how to make them better. Mr. Hunter
stated that they had discussions with J. F. White about their costs and they
stated that they had the equipment to install the drilled shafts where others did
not and they felt that they could do it for the price.
On motion duly made and seconded; it was unanimously,
VOTED: That the Acting General Manager and Rail & Transit Administrator
be, and hereby is, authorized to execute, 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 General Counsel,
a contract with J.F. White Contracting Company for MBTA Contract No.
B03CN01entitled, "Reconstruction of Shawsheen River Bridges, Bridge No.
A-09-049 at M.P.19.93, and A-09-044 at M.P.22.09, on the West Route in
Andover, Massachusetts," for a sum not to exceed $10,926,000.00, based
upon a schedule of lump sum and allowance bid prices, said contractor
being the lowest responsible and eligible bidder in response to requests
for sealed proposals.
Next item on the agenda is presented also by Ed Hunter is the request to
approve and authorize the Acting General Manager to execute a contract with
Cleveland Track Materials, Inc., a subsidiary of Vossloh North America of
Cleveland, Ohio to furnish and deliver a total of 40 turnouts, consisting of 12 No.
10 and seven No. 15 right-hand turnouts, at a total cost not to exceed
$3,278,196. The turnouts are required for the construction of the Knowledge
Corridor/Restore Vermonter Project. Delivery should occur over an estimated
eleven month period beginning approximately 180 days after MBTA’s approval
and return of engineering plans to Vossloh, NA with all 40 turnouts being
delivered within 310 days of plan approval with this purchase complying with the
Buy America requirements.
On motion duly made and seconded; it was unanimously
VOTED: That the Acting General Manager and Rail & Transit Administrator
be, and hereby is, authorized to execute in the name of and on behalf of the
Authority, subject to the approval of the Massachusetts Department of
Transportation (Mass DOT) and in a form approved by General Counsel, a
contract with Cleveland Track Materials, Inc., a subsidiary of Vossloh North
America, for the manufacture and delivery of Turnouts, required to
construct the Knowledge Corridor/Restore Vermonter Project, at a total
price not to exceed $3.278.196.00; said company being the lowest
responsive and responsible bidder in response to an Invitation for Bids.
The next item on the agenda was presented by Claudia Russell, Chief
Procurement Office of the MBTA. Ms. Russell requested the Board’s approval for
a contract with National Grid for the transportation of compressed natural gas
through their pipeline for a three year period, with two additional option years, at
a total cost not-to-exceed $3,465,600. This gas will be used to fuel the 360 buses
powered by compressed natural gas (CNG).
On motion duly made and seconded, it was unanimously;
VOTED: That the Acting General Manager and Rail & Transit Administrator
be, and hereby is, authorized to execute in the name of and on behalf of the
Authority, and in a form approved by General Counsel, a Contract with
National Grid of Waltham, Massachusetts, for the Local Transportation cost
of Natural Gas fuel for Bus Operations as called for during an estimated
three-year period with two option years, subject to prices in effect at time
of delivery, at a total cost not to exceed $3,465,600.
The next item on the agenda presented by Peter Walworth, Director of
Building Maintenance, is to request authorization to execute a contract with
Leading Way Construction Company to replace the roof waterproofing
membrane at the Southampton Transit Police Headquarters and (7) Orange Line
station flat roofs at a total cost not to exceed $4,996,000. He noted the significant
repair costs over the years with emergency maintenance and repair responses
with a annual cost over the last few years of about $90,000 per year for labor and
materials. He also noted these stations contain significant retail and food
operations.
On motion duly made and seconded, it was unanimously;
VOTED: That the Acting General Manager be, and hereby is, authorized to
execute in the name and on behalf of the Authority, and in a form approved
by the General Counsel, a contract with Leading Way Construction
Company to replace the roof waterproofing membrane at the Southampton
Transit Police Headquarters and seven Orange Line station flat roofs at
Massachusetts Avenue, Ruggles, Roxbury Crossing, Jackson Square,
Stony Brook, Green Street and Forest Hills at a total cost of $4,996,000.
Chairman Jenkins closed the public meeting noting that there are items for
MBTA executive session but in the interest of time and consideration of those
here they were going to recess and reconvene after the MassDOT Board
meeting.
On motion duly made and seconded, it was unanimously;
VOTED: To adjourn the 1063rd Open Meeting.
DOCUMENTS RELIED ON AT THE MEETING
General Manager’s Report
Minutes for the July 11, 2012 Board Meeting
Staff Summaries for items 7-11
Comments submitted by Public comment period