park & ride consultant contract - sitemason, inc. 052306.pdf · mr. farquhar briefed the...

East Corridor Oversight Committee May 26, 2006

EAST CORRIDOR OVERSIGHT COMMITTEE MEETING AGENDA

Tuesday May 23, 2006 10:00 a.m. – 11:00 a.m.

MTA Conference Room, 130 Nestor Street (Enter off of Driftwood)

Nashville, TN

MTA Bus Routes 25 or 44 stop at the front door of the building where the meeting takes place. Please note that MTA visitor parking is undergoing restoration, watch for signs directing

committee members to alternate parking.

1. Public Comments 2. Approval of May 9, 2006 ECOC meeting minutes

3. Insurance Issues – Status of Procurement – Bill Farquhar

4. Mobilization Update-Bill Farquhar 5. TIP Amendment-Allyson Shumate

6. Contract Change Order for SR 109-Kevin Walker

7. Construction Update – Kevin Walker 8. Next ECOC Meeting – Bill Farquhar

9. Other Business


ITEM: 1

DATE: May 23, 2006

TO: ECOC Members

FROM: Bill Farquhar

SUBJECT: Public Comment

ACTION: Accept comments from the public.

BACKGROUND: Members of the public are invited to address the Committee

COST / SCHEDULE: None STAFF RECOMMENDATION: Accept comments from the public.


ITEM: 2

DATE: May 23, 2006

TO: ECOC Members

FROM: Allyson Shumate

SUBJECT: Approval of May 9, 2006 meeting minutes

ACTION: Staff requests approval of the minutes


EAST CORRIDOR OVERSIGHT COMMITTEE

MEETING Minutes Tuesday May 9, 2006

10:00 a.m. – 11:00 a.m.

MTA Conference Room, 130 Nestor Street (Enter off of Driftwood) Nashville, TN

MTA Bus Routes 25 or 44 stop at the front door of the building where the meeting takes place

THOSE IN ATTENDANCE Don Fox City of Lebanon Rob Shearer City of Mt. Juliet Jeff Baines City of Lebanon Paul Ballard Governor Representative Tom Brashear Wilson County Mike Choate TDOT Terry Bebout TSG John Kennedy Metro Jeff Wilson NERC Robert Corriveau Citizen Mark Burton UT Scott Hercik ARC Diane Davidson TDOT Jim Ladieu TDOT Kevin Walker RTA/NS Bill Farquhar RTA Teresa McKissick RTA Mike Choate TDOT Allyson Shumate RTA

Mr. Paul Ballard called the ECOC to order at approximately 10:00 a.m. on May 9, 2006.

1. Public Comments There was no public comment.

2. Approval of April 25, 2006 ECOC meeting minutes Mr. Ballard called for a motion for approval of the minutes from the April 25, 2006 meeting. Diane Davidson motioned, Jeff Baines seconded and the motion passed unanimously.


3. Liability Risk of RTA Member Governments- Bill Farquhar Mr. Bill Farquhar briefed the committee on this issue. The legal opinion is the RTA is an entity unto itself and there is no pass through of liability. The RTA can procure insurance and self insurance retention fund as part of the insurance package.

4. Insurance Issues Self Insurance Retention Fund (SIR) – Bill Farquhar Mr. Farquhar briefed the committee on the meeting held with Bank of America and several member of the ECOC last week. It was clarified to the Bank of America, the RTA has the ability to raise dues. A resolution was reviewed with the committee which state the RTA Board will raise dues to pay back the letter of credit, if an incident occurs and the letter of credit is drawn upon. This resolution will need to be passed by the entire RTA Board on May 17, 2006 to secure the letter of credit. Mr. Rob Shearer explained the resolution to the committee. He explained this is a “IF” scenario, that if an incident occurs and if the RTA needs to draw upon the line of credit, the RTA Board will raise dues to cover the payments over a ten year period. It was discussed that this SIR would benefit the entire system. Mr. Don Fox complimented Bill Farquhar on how he handled the NERA at their quarterly board meeting. It was further explained that the RTA will pursue the legislation on extending the tort coverage to operators. This would lessen the impact of the dues needed to cover the SIR in the future if passed. 5. Insurance Issues Level of Insurance – Bill Farquhar Mr. Bill Farquhar briefed the committee on this issue. The RTA cannot afford $200 million in liability coverage as required by the Trackage Rights Agreement. The quote received for $25 million in coverage is approximately 15% over the budgeted amount, after RTA had doubled the amount in the last Business Plan. NERC has stated they will accept the $25 million under certain conditions. These conditions were outlined in minutes from last meeting. Some of the conditions are limited service. Staff recognizes special event trains over the amount quoted to the insurance markets and added service will require additional insurance, however staff has an issue with not being able to add cars to the train. Mr. Bill Farquhar has discussed this issue several times with Mr. Bill Drunsic. Mr. Farquhar stated Mr. Drunsic believes he is always the party to give when issues arise on the project. Mayor Don Fox stated that Mr. Drunsic has volunteered his assistance, and it was never asked for. Mr. Jeff Wilson stated that the NERC has been flexible on a number of issues. He further stated that the NERC Board and attorneys are not comfortable moving forward with $25 million in liability coverage. Mr. Rob Shearer stated the ECOC is not unsympathetic to the NERC, however; after reviewing the operating budget, all contingency has been used and there is $775,000 for insurance and to pay small claims. This is 25% of the budget. Mr. Paul Ballard asked what specifically the issue was for NERC. MR. Jeff Wilson stated the $25 million limit was the issue. A motion was made the ECOC recommend the RTA Board move forward with the acquisition of $25 million in liability coverage, that the tort legislation and dedicated funding be the RTA’s top priority for the next legislative session, and the RTA will make every effort to identify additional funds beyond the budgeted items to increase the liability coverage the second year of service. This is a one year commitment and good faith negotiations to increase coverage the second year would be entered into. Paul Ballard made the motion, Tom Brashear seconded and the motion passed unanimously.


6. Mobilization Update – Bill Farquhar Mr. Farquhar briefed the committee on the status of mobilization. Staff and TSG are very busy addressing a number of issues. 7. Construction Update – Kevin Walker Mr. Kevin Walker briefed the committee on construction. Riverfront Station is nearing 100% completion. The goal is to be completed with construction by the CMA festival which begins on June 1, 2006. Donelson station is landscaped and trees have been added. The light poles will be relocated within the next several weeks. Shelters are being completed at the Mt. Juliet station. Lebanon is going to be paved soon. Martha station has been cleared and fenced. The lease for the additional parking is moving forward with alacrity. Progress is being made on the Lebanon Layover Facility. Tom Brashear asked about the Martha project under TDOT. Mike Choate replied the project will funded and the contract will be let in Feb. 2007. The western end of the existing track is in TDOT possession. They will request approval to authorize NERC to relocate the track on the west end of the project area. The signal and track improvements now needed due to the TDOT HWY project delay were discussed. TDOT agreed to fund this work. The track work will be delayed due to the competitive bidding process. It was discussed that the only way this work will not impact start of service is to roll the insulated joint work into the signal work. TDOT is ready to move forward with the signal work. This will enable the CTC system to be activated in a timely manner and not impact start of service.

8. Other Business There was no other business. The meeting adjourned at approximately 11:35 a.m.


ITEM: 3

DATE: May 23, 2006

TO: ECOC

FROM: Bill Farquhar

SUBJECT: Update on Insurance Procurement

ACTION: Information Item

BACKGROUND: At the last Board Meeting, staff received approval to purchase the liability insurance for the Music City Star. A number of details are being addressed. These are:

1 Securing the Letter of Credit (LLC) from Bank of America. Staff meet with the bank on Thursday, May 18, 2006 to discuss the information that bank requires for the LLC. The information includes a copy of the Resolution and cash flow of the dues revenue, a copy of the RTA enabling legislation and an explanation of the Federal Transit Administration policies regarding property in the event of a cessation of transit service. Representatives of BofA indicated that the RTA should have the LLC by May 26.

2 Establishing claims procedures between NERC/TSG, RTA, Rail Services (the Third Party

Administrator), Arch and Bank of America. This work is underway.

3 Letter from the NERA Board formally approving the $25 million limits. This will be addressed at the July NERA meeting. NERA members will hold a special meeting if necessary, but the current indications are that this will be an item for the July meeting. NECR/TSG staff will proceed with mobilization; this is not a time critical issue.

COST / SCHEDULE IMPACT The insurance must be acquired before over the road training of the operating crews may proceed. STAFF RECOMMENDATION: Information Item


ITEM: 4

DATE: May 23, 2006

TO: ECOC Members

FROM: Bill Farquhar

SUBJECT: Mobilization Update


BACKGROUND: Staff and TSG have completed work on the operating documents. NERC has started training their staff on the new operating rules and practices. Staff and TSG are working on developing the training program for the Music City Star train and engine crews. The second locomotive is being painted, and work continues on modifying the cab car signaling systems from Chicago standards to the CTC system to be used on the Music City Star. An issue has arisen with the painting of the stripes on the cars. The paint that was applied by Metra is peeling, requiring re-painting. Staff is planning to cover the lower stripe with Red reflective tape, using the same material that is on the locomotives. To reduce costs, both during mobilization and operations, the upper stripe is being painted out, eliminating the costs associated with masking and multiple paint applications. TSG is presenting costs to install cameras on the locomotives and cab-cars as part of the risk management program. Such cameras have been shown to be very useful in defending against trespasser claims. Regular meetings with TSG have begun. Staff is reviewing the proposed mobilization schedule against the Construction schedule and the insurance timing issues to determine when training of the operating crews may begin. Until the insurance policy is actually in hand, Staff will not able to present an up-dated Revenue Operations Date. COST / SCHEDULE: None at this time. STAFF RECOMMENDATION: Information Item


ITEM: 5

DATE: May 23, 2006

TO: ECOC Members

FROM: Allyson Shumate

SUBJECT: TIP Amendment


Background Staff has been working with MTA to define and estimate the downtown circulator routes as well as the shadow bus service. The latest operating estimate included approximately $93,000.00 for MTA circulator service from the Riverfront Station. The RTA submitted a project in the TIP for the Shadow Bus Service to operate from Lebanon to Nashville in the late a.m., mid-day, and late p.m. The RTA has been working with MTA to price these services. The downtown circulators have come in higher than estimated; however, the shadow bus service has come in less than estimated in the TIP. Staff is recommending the TIP project be amendment and the excess funds for the shadow bus service be used to create a new project for the additional downtown circulator needed. Staff has been working with the FTA and the MPO on this issue, the indications are that this should be a minor adjustment. The recommendation is to eliminate the late morning and late afternoon shadow service and use these funds for administrative items such as ticket sales, customer service, etc. COST / SCHEDULE IMPACT Staff recommends amending the TIP project to create an additional project to cover the downtown circulator buses. No additional funds will be required; this is a change in scope only. STAFF RECOMMENDATION: Information Item


ITEM: 7 DATE: May 23, 2006 TO: ECOC Members FROM: Kevin Walker, Construction Manager SUBJECT: Track work at SR 109 ACTION: Approve Change Order for SR 109 Track work to Queen City, Inc. BACKGROUND: The coordination and scheduling of work with the Tennessee Department of Transportation’s project at SR109 has long been an item of discussion. Over the past several months, staff has approached TDOT and requested assistance to make improvements to the track and signals in the 1.5 mile segment of track that will be re-aligned as part of TDOT’s project. On March 9, 2006, TDOT informed staff they had agreed to provide additional highway project funds to carry out the track and warning device upgrades. Since that time, the funding and contract mechanism by which the work/funding was to be accomplished was being finalized. The final arrangements broke the work into two sections, track and signals. The signal work includes adding gates to SR109 and adding gate and flashing lights to Quarry Rd. This work is being handled out of the utilities division of TDOT and utilizes the existing contract between NERC and TDOT. TDOT has already forwarded the supplemental agreement requesting this work to the railroad and the railroad is working on providing a firm price for the work. The track portion of the work includes replacement of the track surface at both SR109 and Quarry Rd. as well as track improvements along the 1.5 mile segment. This work will be done through change order to Queen City. TDOT is amending the contract with RTA to include the additional scope and funding. To expedite the process, the work will be awarded to Queen City via two change orders. The first one will be presented at the time of the meeting and will include the critical path items such as insulated joints. The second change order will be brought before the June 13th ECOC meeting and will include the actual crossing work at SR109 including traffic control.

COST / SCHEDULE: The actual cost of the change order for track work will be presented at the time of the meeting. With the critical path items awarded in the end of May, the impact to the construction schedule will be minimized. STAFF RECOMMENDATION:


Staff recommends the approval of the change order to Queen City Railroad Contractor’s Inc. for the additional track work in the SR 109 area in the amount TBD before the meeting.


ITEM: 8

DATE: May 9, 2006

TO: ECOC Members

FROM: Kevin Walker, Construction Manager

SUBJECT: Construction Update


BACKGROUND: WORK RECENTLY PERFORMED

Railroad Rehabilitation o Mainline surfacing was started o Riverfront track was constructed o Bridge over Tarver Creek Replaced

Signals o Phase II grade crossings signals were installed

Stations o Pavement Striping at Mt. Juliet Station o Landscaping was put in at Donelson Station o The curb was installed at Hermitage Station o Last portion of the concrete apron was placed at Riverfront Station o Grading for the Temporary Martha Station continued

LOOK AHEAD

Railroad Rehabilitation o Final Surfacing will continue o Lebanon Layover Facility Construction will conclude

Signals o Continue to activate crossing signals in both Phases o Continued work on the train signals in both Phases

Stations o Construction will continue on the stations o Lebanon Station will be paved

COST / SCHEDULE: As of 4/25/06, $25,588,361 (90 %) worth of work has been completed of the currently $28,437,695 that has been obligated.

STAFF RECOMMENDATION:

Information Item.


ITEM: 8 DATE: May 23, 2006 TO: ECOC Members FROM: Bill Farquhar SUBJECT: June 13, 2006 ECOC Meeting ACTION: Cancel June 13, 2006 ECOC Meeting BACKGROUND:

Staff will be attending the APTA Rail Conference from June 10 – June 14. Staff requests the next ECOC meeting be canceled. The committee will meet again on June 27, 2006.

park & ride consultant contract - sitemason, inc. 052306.pdf · mr. farquhar briefed the...

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