NORTH COUNTY TRANSIT DISTRICT

Transcription

1 NORTH COUNTY TRANSIT DISTRICT MINUTES OF THE SPECIAL MEETING OF THE NORTH COUNTY TRANSIT DISTRICT HELD SEPTEMBER 3, 2015 CALL TO ORDER Rebecca Jones, Board Vice-Chair, called the special meeting to order at 2:00p.m. ROLL CALL OF BOARD MEMBERS 1. Don Mosier (City of Del Mar); 2. Tony Kranz (City of Encinitas); 3. Ed Gallo (City of Escondido); 4. Chuck Lowery (City of Oceanside); 5. Rebecca Jones (City of San Marcos); 6. John Aguilera (City of Vista). Mark Packard (City of Carlsbad), Mike Nichols (City of Solana Beach) and Bill Horn (County of San Diego) were absent. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG Board member Gallo led the Pledge of Allegiance to the American Flag. CHANGES TO THE AGENDA None PUBLIC COMMUNICATIONS John Phillip Bowen, Carlsbad, commented on NCTD's response to his comment at the previous Board meeting regarding his concerns regarding Uber's qualifications to service passengers. Mr. Bowen acknowledged that NCTD had responded to him and advised that regulatory jurisdiction over Uber would likely reside with the California Public Utilities Commission (CPUC). Mr. Bowen submitted two articles to the Board of Directors regarding Uber for consideration and requested the Board of Directors to further address this issue. Bryn Shemtar, Oceanside, Yellow Cab shareholder, commented on Uber's claims to have safe driving experiences. Mr. Shemtar stated that Uber's background checks only go back 7 years, which he does not believe is sufficient to cover drivers' records who may have been convicted felons. Mr. Shemtar advised that he signed up for Uber to find out what the driver requirements are and discovered that legal commercial insurance is encouraged, but not required. Mr. Shemtar further stated his opinion that Uber is not a ride-share service, but rather a taxi service that does not abide by State regulations. 810 Mission Avenue Oceanside, CA (760)

2 Mark Wimmer, Escondido, Yellow Cab driver, commented to the Board of Directors that he would like for the District to assist in enabling legislation requiring Uber to follow the same regulations as Yellow Cab drivers. WORKSHOP W1. Presentation: NCTD Staff Provided the Board With an Update to the Rail Contract Request for Proposals (RFP). Damon Blythe, Deputy Chief Operations Officer- Rail Operations, provided an update to the Board on the consolidated rail operations and maintenance services contract procurement. Mr. Blythe gave an overview of the existing contracts for both COASTER and SPRINTER operations and maintenance, the future scope of the contract services, and the projected schedule of the contract approval and implementation process. Relative to the flagging provisions, Vice-Chair Jones asked when the use of third party flagging would be applicable. Mr. Blythe stated that third-party flagging needs primarily arise relative to SANDAG projects that are done on NCTD right-of-way. In those instances, and for other similar projects being completed by outside entities, NCTD requires them to obtain flagging services from the District's flagging contractor. Vice-Chair Jones asked if there was a possibility that if any of the contracts were to end early, NCTD would be subject to termination fees. Matthew Tucker, Executive Director, clarified that all of the District's contracts have a termination for convenience provision. In all such cases where the District exercises that option, the District may need to negotiate closure with the contractor, which may include any costs owed to the contractor that were initially included in the contract. He further noted that the risk in this particular contract for such exposure is low given the contract is primarily based on the provision of personnel. Board Member Kranz asked if the requirements for the contractor to carry $200 million in general liability insurance, and for their insurance to cover any claims that result from excluded conduct or gross negligence are new provisions. Mr. Tucker stated that $200 million insurance requirement is new, but the excluded conduct provision is in NCTD's current contracts. Mr. Tucker noted that the $200 million general liability requirement is commensurate with the current statutory limit established by Congress. Board Member Gallo asked how many companies nationwide can provide these services. Mr. Tucker responded that this contract will likely attract companies at an international level, and it is anticipated that the range of proposals received will be between three and six. Mr. Gallo further asked if the contractor is allowed to hire subcontractors for any portion the work. Mr. Tucker responded that they are, but the majority of the responsibility is on the primary contractor as NCTD requires a minimum of 60% of the work be performed by the prime contractor. From NCTD's evaluation perspective, the prime and subcontractors will be viewed as one in the same. Page 2 of 5

3 Mr. Gallo asked why the costs for one new contract are higher than the costs of both current contracts. Mr. Tucker stated that there are dramatic differences in the scope of the new contract versus the scope of work for the current contracts. This includes capital work such as rail replacement, rail grinding, and overhaul responsibilities that are not included in the RFPs today. He also commented that there will be better efficiencies with the new contract as four contractors that currently operate the various services will essentially become one. Board Member Aguilera expressed his concern about the broad scope of work in the new contract and the possibility of there being an agency that only wants to bid part of the project and not the rest. Mr. Tucker stated that provision requiring 60% of work to be done by the prime contractor supports the ability for a company to involve subcontractors which will ensure the knowledge, skills and ability to fulfill the work. He further commented that while subcontractors are permissible, the 60% provision also helps ensure that they, not the subcontractors, carry a majority of responsibility and the risk involved in the contract. Mr. Aguilera asked about the need for the 4:00a.m. trip on the SPRINTER. Mr. Tucker responded that the although the ridership is not high at that time of day, operational considerations, such as staging of trains, made service for that particular trip available. Board Member Mosier asked if the District had any idea how many bidders the District will be expecting to propose, based on the pre-bid conferences the District has held. Mr. Tucker responded between three and six proposals are anticipated. Board Member Kranz asked if the District expects to make business processes simpler now that the District is going from four contracts to one. Mr. Tucker stated yes, and elaborated that the District has a different business model today than it did when the current contracts were made so the handling of the contracts will be easier. For example, the District has put together most of the Standard Operating Procedures (SOP), manuals and plans for which the contractor will have an opportunity to review and provide comment. When the new contract comes in place, the contractor will be operating according to the SOPs and plans that NCTD has already provided. This will streamline the process and avoid changing dynamics which could impact the safety culture of NCTD. Board Member Kranz asked if the RFP has provisions for continued service in the event of potential labor disruption. Mr. Tucker responded that there is. Vice-Chair Jones commented that based upon the information presented it appeared to her that while the overall contract costs were higher than the current costs, they would offset by the increased oversight that would be realized from the consolidated agreement. Mr. Tucker confirmed his agreement with her assessment. Board Member Mosier questioned why third party flagging costs are so high. Mr. Tucker responded that the flagging costs are high and will likely increase based on the large number of rail projects underway in the District's region, including the Mid-Coast and North Coast Corridor projects. Page 3 of 5

4 Board Member Aguilera asked how the flagging works in the particular cities working on NCTD's right-of-way. Mr. Tucker responded that NCTD issues the approval to gain access to the right-of-way, and the City then contacts the District's flagging contractor to obtain flagging services. EXECUTIVE DIRECTOR'S REPORT Mr. Tucker congratulated Board Member Nichols on the birth of his baby girl. Mr. Tucker commented that NCTD was able to achieve a record ridership for fiscal year System-wide ridership increased by 111,812 boardings, which represents a.9% increase over last fiscal year. System-wide fare revenue increased by $125,089, which represents approximately a. 7% increase. This was accomplished despite the impacts of the Great Recession. Mr. Tucker called out in particular the continued increase in SPRINTER ridership. Board Member Gallo commented that in Escondido he notes the new developments which are coming up along the 1-78 corridor near the SPRINTER line, which he felt may be a contributing factor to the ridership growth. Mr. Tucker advised that NCTD staff will mail out a copy of the Rail RFP package and the presentation that was shown at the meeting to the Board of Directors. Mr. Tucker also introduced Samuel Elmer, Chief of Procurement and Contract Administration. BOARD MEMBER REPORTS, COMMENTS AND CORRESPONDENCE Board Member Lowery commented that he met with Main Street Oceanside to discuss the unavailability of parking in downtown Oceanside due to current construction in the area. Main Street Oceanside asked to partner with NCTD to acquire parking spaces to be used after construction. He noted it was unlikely NCTD could provide parking, but he has been discussing the issue with Ms. Dahvia Lynch, Chief Planning Officer, to promote the use of NCTD's COASTER and SPRINTER service as an alternative to driving and parking in Oceanside to attend the Farmer's and Sunset Markets in Oceanside on Thursdays. REMAINING PUBLIC COMMUNICATIONS None Page 4 of 5

5 ADJOURNMENT The meeting adjourned at 3:02p.m. Submitted by Anthony Flores, Clerk of the Board for North County Transit District. CHAIRMAN: CERTIFICATION I, Anthony Flores, duly appointed and qualified, Clerk of the Board of the North County Transit District, do hereby certify that the above is a true and correct copy of the Minutes of the Special Meeting held on September 3, 2015 approved by the Board of Directors of the North County Transit District adopted at a legally convened meeting of the Board of Directors of the North County Transit District held on the 17th day of September, County Transit District For individuals with sensory disabilities, this document is available in alternate formats. For information, please contact the Clerk of the Board at 760/ Persons with hearing impairment, please use the California Relay Service (CRS): 800/ TTY; 800/ voice; 800/ Spanish. CRS Customer Service: or TTY. Page 5 of 5