MINUTES MassDOT BOARD MEETING OF DECEMBER 5, 2012 At the call of the Chair, a Meeting of the Board of Directors of the Massachusetts Department of Transportation was held at the State Transportation Building, 10 Park Plaza, MassDOT Board Room, Suite 3830, Boston, MA on Wednesday, December 5, 2012. There were present: Messrs. Jenkins, Alvaro, Davey, Bonfiglio, Macdonald, Whittle and Miss Loux, being the full Board of Directors of the Massachusetts Department of Transportation. Also present were Acting General Manager and Rail and Transit Administrator Davis, Frank DePaola, Administrator of the Highway Division, Rachel Kaprielian, Administrator of the RMV Division, Christopher Willenborg, Administrator of the Aeronautics Division, Rachael Rollins, MassDOT and MBTA General Counsel, Owen Kane, Senior Counsel to the Board, and Paula Fallon, Recording Secretary. The Chairman, Mr. Jenkins, presided. Board of Directors Chairman Jenkins called the Open Meeting to Order and presented the order of business. Chairman Jenkins opened up the meeting for public comment. The first couple of speakers were Nancy Murray and Cathy Roberts from BCPR, Ms. Schotten and Ms. Aggash. They commented on Veolia and their involvement in the West Bank. They would like MassDOT to refrain from signing a new contract with MBCR. The next speaker is Margaret Crowdis. Ms. Crowdis commented on the Salem Garage. She would like the garage to be more geared toward pedestrians and not just cars. The next speaker is Bernard Doherty, part of DAG. Mr. Doherty is against taking down the Casey Overpass. He would like a new bridge component. The next speaker is Jeffrey Ferris from Bridging Forest Hills. Mr. Ferris would also like to see a new bridge instead of an at grade solution put in. The next speaker is Marilyn MacNab. Ms. MacNab thanked Acting General Manager Jon Davis for his service. She said what stood out the most for her was when Mr. Davis went to every Fare Increase and Service Cuts public hearings. She noted that there were many other things that impressed her as well. 2 Next Director Loux gave an award to Jonathan Davis for his time as Acting General Manager. Director Loux noted that Mr. Davis stepped up to assist when the transit system really needed him when the Governor appointed Rich Davey Secretary. She stated that Jon represents leadership to everyone. She too was very proud of him during the fare increase and service cuts hearing attending all the meetings and really showing the riding public compassion and respect. She also noted his kindness and patience with employees and customers. He is also a teacher to so many even if they didn’t realize he was teaching them. She ending saying he is one of the nicest, smartest people she knows and he is understated in his work. The MBTA has been so fortunate to have Mr. Davis step up to the task of Acting General Manager when the Transit system needed him most. Mr. Davis thanked everyone. He noted that he had fun and it was a great learning experience. He ended with that he couldn’t have done it without the support of the Secretary, the Board, the Customers and the Senior Managers. Next Chairman Jenkins announced the approval for the minutes of the October 3, 2012 and November 7, 2012 Board meeting. On motion duly made and seconded; with Director Whittle abstention; VOTED: To approve the minutes of October 3, 2012 Board meeting. 3 On motion duly made and seconded; with Director Alvaro abstention; VOTED: To approve the minutes of November 7, 2012 Board Meeting. Next Secretary gave his report. The Secretary noted the Your Vision meetings are still in progress with a meeting tonight in Lynn. He noted that the meetings have prompted serious and thoughtful discussions about the big picture of transportation financing challenges. He added while there is bad news there is also common themes they’ve heard since the first meeting and all revolve around the link between transportation improvements and economic growth, job creation, and quality of life. The Secretary also recognized Oscar Epstein for his 63 years as a MassDOT Employee. Mr. Epstein is 89 years young. He also recognized Phil Shoemaker, Green Line Repairer for he has been an instrumental figure in communicating with MBTA vendors in sourcing electronic subcomponents and as a result he has been successful in replacing a lot of the old components on boards that have been discontinued. Next the Secretary announced recent awards given to MassDOT. The Fast Fourteen was awarded The Engineering News Record New York’s Best Project of 2012 for the Northeast Region. Also awarded for the Fast Fourteen project was the CMAA’s (Construction Management Association of America) 2012 Construction Management Project Achievement Award, and AASHTO’s Safety Leadership 4 Award for their efforts to reduce serious injuries and fatalities on our highways. (Full Report Attached) Chairman Jenkins allowed a couple more speakers for open comment period. The next speakers were Representative Keenan and Salem Mayor Driscoll. The Representative and Mayor both expressed their support for the Salem Parking Garage. The next speaker John McQueen wanted to address the Longfellow Bridge item on the agenda. He would like to have a larger pedestrian access to bring added life to GreenDOT and the healthy transportation compact. He would like the bicycle lane to be protected and choose option B3. Next Frank DePaola, Administrator of Mass Highway gave his report. Mr. DePaola announced the opening of the fourth travel lane on Route 128 between Randolph and Norwood. Mr. DePaola gave out a report on the new snow and ice reporting system. Next Rachael Kaprielian, Registrar of the Registry of Motor Vehicles gave her report. She discussed the dashboard and noted that wait times were up about 24 minutes. They have six new road test examiners doing road tests alleviating the booking out of tests. She noted that they will be launching the 5 Jan/Dec school bus inspections. The Registry noted that they are working very hard on reimaging the RMV and she will speak more about it later on one of the items. Next Chris Willenborg, Administrator of Mass Aeronautics began his presentation by noting that Aeronautics and the Volpe Center kicked off their carbon neutral airport project. They are working on establishing the very first carbon neutral airport. The statewide pavement analysis is completed with all of the airports done. The information will be put into a software program so performance management can track the maintenance. Lastly, Mr. Willenborg noted they are working on replacing their AMES program because they are beginning to fail but they would like to move to a web based program. Next Jon Davis gave his report for the Rail and Transit Division (attached). Mr. Davis updated the board on the Green Line Trolley accident on November 29, 2012. Approximately 30 customers and 3 employees sustained moderate to minor injuries. The investigation is complete and it concluded that there were no issues with the infrastructure or the machines. The driver of the second train was solely responsible for the accident. Next, Mr. Davis sadly announced the death of Hyundai Rotem’s CEO M. H. Lee. He sends his condolences to Mr. Lee’s family and Hyundai Rotem. 6 Chairman Jenkins allowed one final speaker to the podium for public comment. Ms. Jo Hart from Worcester wants MassDOT to start thinking about the Western part of the State not just the Eastern part of the state. Chairman Jenkins closed public comment period. The next item on the agenda is presentation on the Positive Train Control (PTC) presented by Ed Hunter, Assistant General Manager for Design and Construction. He went through a PowerPoint presentation highlighting the project goals, why we would implement the PTC on the Green Line, key findings, maintaining the Service on the Green Line while using PTC, the costs, next steps and the schedule. Mr. Hunter noted that with the 2008 Green Line accident the NTSB stated that if we had the PTC we would have been able to stop the train in that accident. Director Loux stated that she understands the reasons why we don’t have PTC, because the stops are too short. She asked if there was a cheaper technology that could at least alert a driver and why can’t we put those in now and continue to work on the long term option as well. Mr. McGuiness from HNTB answered that there is technology out there but it wasn’t what they were looking at in this scope. Director Loux asked if we could get the cheaper alternatives now. Chairman Jenkins asked what the next best alternative is. The Secretary noted that the challenge is the station spacing and cars berthing at the same time with a collision avoidance system. Mr. Hunter added that the 7 technology of the system works on train indicators which would be going off all the time because the Green Line trains are in such close proximity that there would ultimately be an impact on service. Director Alvaro asked for a list of the alternatives along with the cost and implementation period. Roma McKenzie Campbell, Project Manager, noted that they did give them a cheaper model in an earlier presentation but it wasn’t efficient costing us more in the long run. Director Whittle asked where the price tag went up between the options. Ms. Campbell stated that there is a cost for PTC and a cost to become PTC ready. Director Loux stressed that she would like to look into getting some sort of technology now for the safety of the drivers now. Chairman Jenkins asked Mr. Hunter to take the information given to him and come back to the Board. Director Alvaro asked that they be given all the alternatives so they can make an informed decision. The next item on the agenda is the selection of a Board member to serve on the Police Association Retirement Plan. Chairman Jenkins nominated Ferdinand Alvaro. On motion duly made and seconded, it was; VOTED: The Board of Directors hereby appoints to the Massachusetts Bay Transportation Authority, Police Association Retirement Plan Board of Directors, Mr. Ferdinand Alvaro, Jr., as the Board of Directors member. The next item on the agenda is the presentation on the Longfellow Bridge project presented by Mike O’Dowd. Mr. O’Dowd wanted to bring the Board up to speed of where they currently stand with the project. It has been has been a role 8 model with the integration of MassDOT between MBTA and the Highway Division. He noted it is structurally deficient and is being funded under the Accelerated Bridge Project and will be bid out as a design build project. Ms. Gorzyca gave the board update on the procurement and how the utilize the best value procurement. Director Alvaro asked if we are using the best materials while keeping the integrity of the bridge. Mr. O’Dowd stated that they will be replacing everything with new steel. Director Whittle noted that it sounds like a good compromise from what he has heard so far. Director Whittle asked about Charles Circle. Mr. O’Dowd stated that they are trying to refine the signals but it will be the same. Chairman Jenkins asked about the community input. Mr. O’Dowd stated that it will be continually ongoing. They continue to meet with ABC and with Mass Eye and Ear and other officials. Before any major work begins MassDOT will reach out conducting public meetings and reaching out to groups. Chairman Jenkins asked that we take a ten minute break at 3:31 p.m. The next item on the agenda presented by Registrar Kaprielian is the authorization to award a contract for a new Registry of Motor Vehicles Operational system with Deloitte Consulting LLC for an amount not to exceed $76,785,465. Director Loux and Director Alvaro stated that the Registrar and her team did a great job on the procurement. 9 On motion duly made and seconded, it was unanimously; VOTED: That the Secretary/CEO be, and hereby authorized to execute, in the name and on behalf of the Massachusetts Department of Transportation and in a form approved by the General Counsel, a contract with Deloitte Consulting LLC for the development and implementation of a new Registry of Motor Vehicles Operational system for an amount not to exceed 876,785,465 for a duration of sixty-three (63) months including warranty. The next item on the agenda presented by Ed Hunter is the authorization to enter into a contract with Consigli Construction Co. for the Salem Station Improvements and Parking Garage, Salem, Massachusetts at a sum not to exceed $32,467,761. Director Macdonald asked about the bathrooms in the new station. Mr. Hunter stated that if they put them in they would have to put in a heated area because the expenses would be about $500,000 to $1 million. He also added that we usually don’t include those with commuter rail stations. On motion duly made and seconded; it was unanimously; VOTED: That the Secretary/CEO be, and hereby is, authorized to execute, in the name and on behalf of the Massachusetts Department of Transportation and in a form approved by the General Counsel, the execution of an Interagency Service Agreement (ISA) amendment between MassDOT and the MBTA for a value of $31,965,435.00 to support MBTA Contract No. CMR-92, entitled "Salem Station Improvements and Parking Garage, Salem, Massachusetts" with Consigli Construction Co., Inc. FURTHUR 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, Owner (MBTA)Construction Manager Agreement for MBTA Contract No. CMR-92, entitled Salem Station Improvements and Parking Garage, Salem, Massachusetts" with Consigli Construction Co., Inc. for pre-construction 10 services and Guaranteed Maximum Price construction contracts, awarded pursuant to lawfully conducted public bidding process. Such construction contracts may take the form, as approved by the General Counsel, of Guaranteed Maximum Price (GMP) contracts, as described in the Staff summary for a sum not to exceed $32,487,761.00 to be completed within nineteen (19) months of the date of the Notice to Proceed. The last item on the agenda presented by Claudia Russell was the authorization to execute a contract with Midwest Bus Corporation for the Mid Life Overhaul of 192 Neoplan Low-Floor Emission Controlled Diesel transit buses at a total cost not to exceed $31,407,063. The scope of the project will allow the MBTA to maintain bus service. Chairman Jenkins asked if we do the overhaul in house and have we done it. Ms. Russell stated that we have the capability to do it in house but with the resources focused on preventative maintenance we don’t have enough resources to do both. Chairman Jenkins asked if in the future we should think about doing it in house. Ms. Russell stated that it would cost 50% more to do it in house than to send it out. Mr. Davis added that we are working on a high level preventative maintenance program to get us out of doing mid-life overhaul program. Secretary Davey asked about the letter they received today from one of the bidders that didn’t win. Mr. Davis stated that one of the bidders did send a letter but it wasn’t a protest it was just asking not to bring this item before the board. He noted that they had a chance to file a protest in which they hadn’t but they have other avenues if they feel it is warranted and they will be debriefed once they contract is awarded. Ms. Rollins stated that there was ten 11 days that the vendor could protest in which they didn’t and she stated she felt comfortable going forward with the vote. On motion duly made and seconded, it was unanimously; VOTED: That, subject to the approval of the Massachusetts Department of Transportation, and the completion of FTA Buy America audit requirements, the Acting General Manager and MassDOT Rail and Transit Administrator be, and he hereby is, authorized to execute a formal contract, in a form approved by the General Counsel, with Midwest Bus Corporation of Owosso, Michigan for the Mid-Life Overhaul of 192 Neoplan Low-Floor Emission Controlled Diesel (ECD) transit buses (model years 2004 - 2005), including replacement parts and a hidden damage allowance, in accordance with Technical Specification A.E.M. 11-010 at a delivered, notto-exceed cost of $31,407,063. Chairman Jenkins closed open session and stated that we will be going into executive session to discuss wage claims by an outside vendor and to discuss the status of various collective bargaining agreements. On motion duly made and seconded, it was unanimously; VOTED: to adjourn. Documents relied on in meeting: Minutes for October 3 and November 7, 2012 PARP Staff Summary Longfellow Bridge Memo Positive Train Control Presentation ALARS Staff Summary Salem Garage Staff Summary Neoplan Low-Floor Emission Controlled Diesel Buses Staff Summary 12