2012-12-18 Agenda BM.pdf - RTD

Regional Transportation DistrictBoard of Directors1600 Blake StreetDenver, CO 80202-1399303/299-2303Chair – Lee Kemp, District IFirst Vice Chair – John Tayer, District OSecond Vice Chair – Matt Cohen, District MSecretary – Angie Malpiede, District CTreasurer – Kent Bagley, District HLorraine Anderson, District LBruce Daly, District NBarbara Deadwyler, District BLarry Hoy, District JBill James, District AWilliam “Bill” McMullen, District EJack O’Boyle, District GTom Tobiassen, District FJeff Walker, District DBarry Gore, District KBOARD OF DIRECTORS MEETINGDecember 18, 2012 at 5:30 PMI. CALL TO ORDERII.III.IV.RTD HONOR GUARD PRESENTATION OF COLORSROLL CALL-DETERMINATION OF QUORUMRETIREE AWARDSName Position Years of ServiceDavid E. Anderson Bus Operator 23Thomas Guevara Bus Operator 21Teresa Hopkins-Hawkins Bus Operator 33Martin Weinberg Bus Operator 28David A. Beavers Mechanic 32Donald Sisk Train Operator 21Special Recognition-Departing Board members(RTD Historical Video 2004-2012)Lee Kemp, Chair, District IMatt Cohen, 2 nd Vice-Chair, District MWilliam McMullen, District EJack O’Boyle, Chair of Salaried Pension Trust Fund Trustee Board, District GBarry Gore, District KV. PUBLIC PARTICIPATION

VI.COMMITTEE REPORTS-(See Minutes)Planning & Development Committee - Chaired by Director BagleyGovernment Relations Committee – Chaired by Director DalyFasTracks Monitoring Committee – Chaired by Director CohenDBE Committee – Chaired by Director MalpiedeOperations/Customer Services Committee – Chaired by Director TobiassenFinancial/Administration Committee – Chaired by Director JamesGM Oversight and Performance Management – Chaired by Director BagleyFiscal Sustainability Task Force Committee – Chaired by Director TayerCDOT – Director CohenE-470 – Director O’BoyleACED – Directors Anderson, and HoyNorthwest Parkway-Director Anderson & Chair KempPension Committee – Director O’Boyle/TobiassenVII.GENERAL MANAGER OVERSIGHT & PERFORMANCE MANAGEMENT UPDATEVIII. APPROVAL OF REGULAR BOARD MEETING MINUTES OF NOVEMBER 27, 2012IX.CHAIR’S REPORTX. GENERAL MANAGER’S REPORTXI.UNANIMOUS CONSENTA. Approval of the Purchase of Six Electric Multiple Units (EMU) Vehicles of the North MetroRail LineIt is recommended by the FasTracks Monitoring Committee that the RTD Board ofDirectors authorize the General Manager to approve the purchase of six Electric MultipleUnits (EMU) vehicles for the North Metro Rail Line through the Denver Transit Partners(DTP) Rolling Stock Option in accordance with the EAGLE Concession Agreement (CA)Section 31.1, for an amount not to exceed $24 million. Funding to purchase two of thevehicles is included in the 2013 Adopted Budget for the North Metro Corridor project.It is further recommended by the FasTracks Monitoring Committee that the RTD Boardof Directors authorize the General Manager to transfer $16 million from the FasTracksContingency Reserve to the North Metro Corridor project budget to fund the purchaseof the additional four EMU vehicles.B. Disposition Plan for Excess Land in Ft. Lupton, Weld CountyIt is recommended by the Planning and Development Committee that the Board of Directorsapprove the proposed Disposition Plan for excess land for the 80,173 square feet (1.84acres) net of county road right of way located at 13215 Weld County Road 8, Fort Lupton,Colorado and further authorize the General Manager and/or his designee to negotiate and

execute a contract for the sale of the property.C. Approval of Contract Extension - Geographic Information Systems (GIS) ContractIt is recommended by the Financial Administration and Audit Committee that the Boardof Directors authorize the General Manager, or his designee, to execute all documentsnecessary to award a month to month contract extension to Idea Integration for anextension for the amount not to exceed of $76,000 to provide Graphical InformationSystems (GIS) consulting services. The contract is being brought to the Board becauseit is a Personal Services contract per RTD Resolution No.27, Series of 1985.D. Hop Cost Share AgreementIt is Recommended by the by the Operations and Customer Services Committee that theBoard of Directors authorize the General Manager, or his designee, to execute alldocuments necessary to enter into a Cost Sharing Agreement with the City of Boulder toprovide RTD financial support for the operation of the HOP circulator bus service in thecommercial areas of the City of Boulder, the University of Colorado at Boulder andadjacent business and residential areas. This agreement is for calendar year 2013 and isfor an amount not to exceed $1,459,589.00.E. DRCOG Vanpool AgreementIt is recommended by the Operations and Customer Services Committee that the Board ofDirectors authorize the General Manager, or his designee, to execute all documentsnecessary to enter into an Agreement with the Denver Regional Council of Governments(DRCOG) to provide RTD support and expansion of the DRCOG RideArrangers vanpoolprogram in the Denver metropolitan area. This agreement is for calendar year 2013 andshall be in an amount not to exceed $730,000.00.F. North Front Range Vanpool AgreementIt is recommended by the Operations and Customer Services Committee that the Board ofDirectors authorize the General Manager, or his designee, to execute all documentsnecessary to enter into an Agreement with the North Front Range Metropolitan PlanningOrganization (NFRMPO) to provide RTD support and expansion of the NFR VANGO vanpoolprogram in the Denver metropolitan area. This agreement is for calendar year 2013 andshall be in an amount not to exceed $425,000.00.G. Art Shuttle Cost Share AgreementIt is recommended by the Operations and Customer Services Committee that the Boardof Directors authorize the General Manager, or his designee, to execute all documentsnecessary to enter into a Cost Sharing Agreement with the City of Englewood to provideRTD financial support for the operation of the art circulator bus service in the City ofEnglewood. This agreement is for calendar year 2013 and is for an amount not toexceed $297,000.00.H. Cost Share Agreements MAP 21 -5311It is recommended by the Operations and Customer Services Committee that the Boardof Directors authorize the General Manager, or his designee, to execute all documentsnecessary to enter into funding agreements with Via Mobility of Boulder and the Seniors’

Resource Center to provide RTD financial support for the provision of FTA Section 5311(non-urbanized) services for Boulder County, Adams County and Jefferson County.These Agreements are for calendar year 2013 and for amounts not to exceed$335,298.00 for Boulder County, $300,000.00 for Adams County and $102,248.00 forJefferson County.I. Contracted Fixed Route Services 2012 Year End Budget TransferIt is recommended by the Operations and Customer Service Committee that the Board ofDirectors authorize a budget transfer from the purchased transportation service and fuelline items of the “Group 21” budget to the “Group 23” budget to cover the variation incosts incurred as a result of adjustments to service levels associated with runboardservice changes in 2012. The total dollar amount of the budget transfer is $350,000($200,000 for service, $150,000 for fuel).J. Interactive Voice Response (IVR) System for Paratransit and Fixed-Route InformationIt is recommended by the Operations and Customer Service Committee that the Board ofDirectors authorize the General Manager, or his designee, to enter into a contract for thedevelopment and implementation of an Interactive Voice Response (IVR) system forparatransit (Access-a-Ride) and fixed-route information with Enghouse TransportationLLC for a contract amount not to exceed $829,393.K. Award Contract to Supply Sixty-Five (65) HVAC Units (Including Spares) to Replace theExisting Units on the SD100 Light Rail Fleet.It is recommended by the Operations/Customer Services Committee that the RTD Boardof Directors authorize the General Manager to award a sole-source contract to SiemensIndustry, Inc. Rail Systems, based in Sacramento, California to supply sixty-fivecomplete HVAC units. These units will be used to replace the units currently installed onthe SD100 Light Rail Fleet.XII.RECOMMENDED ACTIONL. Moving Forward: Filling the FasTracks Internal Savings AccountIt is recommended by the FasTracks Monitoring Committee that the RTD Board of Directorsdirect staff to move forward with implementation of the eight, highest value, recommendedopportunities identified as part of the Risk Allocation Matrix (RAM). Any funding realizedthrough these activities will be tracked separately and added to a new budget account, theFasTracks Internal Savings Account (FISA). The status of the FISA will be reported to theRTD Board of Directors on a monthly basis, and the FISA will be incorporated into theFasTracks Strategic Budget Plan and Annual Budget. Expenditures from the FISA will besubject to Board approval, with the staff recommended project goals identified below in theBackground section of this report confirmed as the current RTD Board project goals for theFISA.Specifically, it is recommended that staff move forward with the following activities:1. Beginning in 2014, increase FasTracks funding to support base system operations atthe rate of inflation as defined by the Consumer Price Index (CPI): Estimated to contribute $24 million to the FISA by 2017;

2. Reduce FasTracks Minimum Unrestricted Fund Balance once construction milestoneshave been reached, the majority of the Eagle Project grant funding has been receivedand RTD has better information on the growth of sales and use tax: Estimated to contribute up to $72 million to the FISA by 2017;3. Reduce FasTracks Operations and Maintenance (O&M) Fund Balance from three totwo months: Estimated to contribute $10 million to the FISA by 2017;4. Defer Southwest Corridor Extension Union Pacific Railroad (UPRR) relocation –complete once funding is identified for the entire project: Estimated to contribute $9 million to the FISA by 2017;5. Work to achieve project underruns on FasTracks projects currently under contract: Estimated to contribute $15 million to the FISA by 2017;6. Sell or lease RTD properties, where possible: Estimated to contribute $20 million to the FISA by 2017;7. Request stakeholders to increase financial participation above the current level of2.5%: Estimated contribution – To Be Determined;8. Work with legislature to allow RTD to audit sales and use tax receipts and provideRTD with parity with the State on sales tax exemptions (i.e., ensure exemptions are thesame for both RTD and the State in all cases). Establish this as RTD’s number onelegislative priority. Begin working immediately with government relations staff,lobbyists, legal counsel and other stakeholders to initiate and support the introduction ofa bill(s) on these topics during the 2013 legislative session: Estimated to contribute up to $127 million to the FISA by 2017.Approval of the opportunities listed above will have a positive impact to the FasTrackscapital program through the establishment of the FISA with a goal of achieving $300 millionby 2017. It is anticipated that these eight highest priority opportunities alone could fund theFISA up to or exceeding $277 million by 2017. The Board directs staff to continue workingto identify other funding opportunities through the RAM analysis process in 2013 forpotential Board consideration at a later date.M. Resolution Regarding Easement Agreements and Indemnification of Claims with SuncorEnergy (U.S.A.) Inc.It is recommended by the FasTracks Monitoring Committee that the RTD Board ofDirectors adopt the attached resolution. The resolution authorizes the General Manageror his designee to negotiate and execute two easement agreements with Suncor; oneagreement that grants an easement to RTD for the North Metro Rail Line (“NMRL”)project through Suncor property in Adams County (the “Bridge Easement”) and anotheragreement that grants an easement to Suncor to construct a pipeline in the RTD ownedBoulder Industrial Lead (“BIL”) right of way (the “Pipeline Easement”). The BridgeEasement requires RTD to waive sovereign immunity to the extent it may be applicable,and to indemnify Suncor for claims arising out of RTD’s use of the Bridge Easement inan amount up to $200 million and to purchase general liability insurance in that amountfrom the date of commencement of construction of the bridge and to maintain itthrough termination of the Bridge Easement. RTD would receive $10,000,000 fromSuncor in exchange for the Pipeline Easement, and would pay Suncor $836,420 for theBridge Easement. This would result in net revenue of $9,163,580 to RTD, which wouldbe applied to the cost of expansion of the Commuter Rail Maintenance Facility (CRMF)

to accommodate the North Metro vehicles.It is further recommended by the FasTracks Monitoring Committee that the RTD Boardof Directors authorize the transfer of $836,420 from the FasTracks ContingencyReserve for the acquisition of the Bridge Easement. These funds would be replenishedout of the $10,000,000 to be received from Suncor in exchange for the PipelineEasement.XIII.XIV.OLD BUSINESSNEW BUSINESSXV.XVI.EXECUTIVE SESSIONC.R.S. 24-6-402(4) (f) Personnel Matters, General Manager Performance EvaluationRESUME FROM EXECUTIVE SESSION TO BOARD MEETINGXVII. RECOMMENDED ACTIONRESOLUTION ___________ SERIES OF 2012, General Manager Performance EvaluationXVIII.ADJOURNThe following communication assistance is available for public meetings: Language Interpreters Sign-language Interpreters Assisted listening devicesPlease notify RTD of the communication assistance you require at least 48 hours in advance of a RTD meetingyou wish to attend by calling 303.299.2307THE CHAIR REQUESTS THAT ALL PAGERS AND CELL PHONES BE SILENCED DURING THE BOARD OFDIRECTORS MEETING FOR THE REGIONAL TRANSPORTATION DISTRICT.