MEMBERS PRESENT: John McLemore (Chair), Michael Burns, Mary Janney, Arthur Lloyd, Michael Nevin, Audrey Rice-Oliver

MTC LIASON: Sue Lempert

MEMBERS ABSENT: Sophie Maxwell, Manuel Valerio, Ken Yeager

STAFF PRESENT: Michael Scanlon, Joan Cassman, Roger Contreras, Howard Goode, Chuck Harvey, Pat Boland, Martha Martinez, Jennifer Buhr, Cheryl Cavitt, David Miller

Chair McLemore called the meeting to order at 10:06 a.m. After welcoming everyone to City Hall of San Francisco, he led the Pledge of Allegiance to the flag.

Audrey Rice-Oliver was sworn in as the newest member of the JPB. Director Rice-Oliver was appointed to the JPB by the San Francisco Mayor's Office to replace Maria Ayerdi, who is now the Executive Director for the Transbay Terminal project.

PUBLIC COMMENT

Jeff Carter passed on various comments and concerns that he has heard from passengers regarding the upcoming Proof-of-Payment system, such as the status of the conductors. A lot of people ride the train because of the conductors.

CONSENT CALENDAR

The Board unanimously approved, by roll call, the following items under the Consent Calendar:

1. Adoption of Minutes of August 7, 2003
2. Adoption of Statement of Revenue & Expenses, July 2003
3. Award of On-Call Information Technology Consultant Support Services
4. Approval of an Amendment to Increase the FY2004 Operating by $75,000
5. Approval of JPB Support for Metropolitan Transportation Commission (MTC) to Serve as Designated Recipient of FTA Funds in the Gilroy-Morgan Hill Urbanized Area

CHAIRPERSON'S REPORT

Chair McLemore reported:

• Appointment of Brian Wilfley (Santa Clara) and Gerald Graham (San Mateo) to the JPB Citizens Advisory Committee
• Art Lloyd reported that next week will be Operation Lifesaver Week in California. Presently, Director Lloyd is chairman of California Operation Lifesaver, which is a program designed to reduce and eliminate incidents at grade separations and to reduce trespassing incidents. The kick-off of Operation Lifesaver will be held in Los Angeles. On Tuesday, September 9, the Capitol Corridor is inviting anyone who is interested to ride train #522, in the head car, which departs San Jose at 6:30 a.m. Upon arrival in Sacramento, there will be a mock crash car in the California State Railroad Museum. Several other events will take place throughout the week.
• The APTA Annual Conference will be held September 28 through October 2 in Salt Lake City.
• At the October board meeting, Maria Ayerdi will be recognized and congratulated on her new position.
• Director Burns reported that as part of the budget process in the City of San Francisco, the Caltrain budget was put within the budget of the Municipal Transportation Agency (MTA). Therefore, MTA will have financial responsibility for the Caltrain Operating Budget. With two MTA members serving on the JPB board, interests will be protected and the input of the board can be reflected in the budget that ultimately gets approved.
• A Nominating Committee, consisting of Director Burns, Director Nevin and Chair McLemore, has been created to replace the vice chair position of the board.

MTC LIAISON REPORT (SUE LEMPERT)

There was no report this month.

REPORT OF CITIZENS ADVISORY COMMITTEE

Michael Kiesling reported:

• At the last CAC meeting, there were two informative presentations regarding High Speed Rail and the San Bruno Grade Separation project.

REPORT OF THE EXECUTIVE DIRECTOR

Michael J. Scanlon reported:

• Key Caltrain Performance Statistics:
1. July Average Weekday Ridership and Year-to-Date Ridership was down 7.8 percent, from 29,832 riders to 27,588.
2. Total Revenue was off 7.8 percent from $1.96 million to $1.8 million.
3. On-Time Performance was 94.7 percent versus 97.5 percent from last July.
4. Shuttle Ridership had an increase of 1.8 percent with 3,806 riders up from 3,740.
• There will be ambassadors at the stations for the first week of implementation for the Proof-of-Payment system. VTA will be providing ambassadors for the southern stations.
• There was a fatality on August 7, at approximately 6:30 p.m., between Morgan Hill and Gilroy. While it hasn't been officially ruled, it is thought to be a suicide.
• The Monthly Safety and Security Report was distributed.
• Chuck Harvey gave an Update of the Baby Bullet Scheduling presentation. Highlights of the presentation included an implementation schedule, development of new train timetable and the public process. Mr. Harvey reported that the Baby Bullet stops include Millbrae, Hillsdale, Palo Alto and Mountain View. Mr. Harvey responded briefly to Mr. Carter's comments by stating that conductors will still be on trains after Proof-of-Payment to abide with the FRA law and contractual agreements.

Mr. Harvey responded that although he doesn't have exact numbers, there were some projections that were run as part of the grant process. Mr. Harvey also commented that there was a staff retreat, where discussions on ridership took place. One of the main things that needs to be looked at is the Shuttle program. There is a possibility that the shuttles might be moved to attract new ridership at a major station.

Ms. Lempert commented that shuttles are within the reauthorization of Measure A so if the Baby Bullet is tied into the shuttle program, it will make the reauthorization more meaningful.

Jeff Carter commented in regard to the Origin and Destination survey and questioned if that survey was the same one that was done around the time of 9/11. If so, Mr. Carter commented that the ridership is much different now than it was back then and that it should be taken into consideration.

Mr. Harvey responded that the Origin and Destination study was conducted after 9/11, so the survey reflects the drop in the economy and ridership. The changes in travel patterns are being taken into account. Staff is also concerned with the potential growth in ridership when the economy comes back.

AWARD OF SAN JOSE DIRIDON STATION RAMPS, PLATFORMS AND TRACK IMPROVEMENTS CONSTRUCTION CONTRACT TO MITCHELL ENGINEERING

Cheryl Cavitt, Director of Contracts and Procurement, reported that Staff Coordinating Council (SCC) recommends that the Board award the subject contract to the lowest, responsive and responsible bidder, Mitchell Engineering of San Francisco, for $4,517,037 and to authorize the Executive Director to execute a contract in full conformity with the terms and conditions of the solicitation documents.

The award calls for Mitchell Engineering to furnish all materials, labor, tools, plants, supplies, equipment, transportation and project management to perform the contract requirements. The San Jose Station Ramps, Platforms and Track Improvements project will fulfill the JPB's obligations to provide full accessibility to the station in compliance with the Americans with Disabilities Act (ADA) requirements. Construction is anticipated to begin in October 2003 and is scheduled for completion in the second quarter of 2004. Invitations for Bids (IFB) were advertised and distributed throughout the construction industry. The bids were opened publicly on Wednesday, July 16, 2003. Staff has reviewed Mitchell Engineering's bid documents and has determined that Mitchell was a responsive and responsible bidder. The District's DBE office reviewed the bid documents submitted by Mitchell Engineering and determined that the firm complied with the DBE bid requirements of the IFB. Further, Mitchell Engineering is a certified DBE pursuant to the California Unified Certification program.

Director Nevin commented that the bid is only $11,000 less than the engineer's estimate.

Francis Wong commented that previously he had suggested adaptive reuse of the Diridon Station either for commercial purposes or agency use. Staff has advised Mr. Wong that there are numerous system deficiencies and ADA requirements that would have to be conformed with, which is not practical at this time. This contract would address the many discrepancies in the public area and urged the Board to adopt the recommendation.

The motion for award of the construction contract to Mitchell Engineering passed unanimously, by roll call, and resolution 2003-33 was adopted.

REJECTION OF LOW MONETARY BID FROM MCGUIRE & HESTER AS NON-RESPONSIVE, AND AWARD OF CONTRACT TO STACY AND WITBECK, INC. FOR THE UPRR TRACK AND FIBER OPTIC RELOCATION PROJECT AT A TOTAL COST OF $2,916,137

Cheryl Cavitt, Director of Contracts & Procurement, reported that the Staff Coordinating Council (SCC) recommends Board approval of rejection of the low monetary bid for this bid received from McGuire and Hester of Oakland as non-responsive to the bid requirements, and award of contract to Stacy and Witbeck, Inc. (S&WI) of Alameda as the lowest, responsive, responsible bidder for $2,916,137; and to authorize the Executive Director to exercise contract bid option items for additional work to off-haul contaminated material from the site up to a total amount of $123,820, in addition to the contingency amount.

Award of this contract will call for S&WI to furnish all materials, labor, tools, plants, supplies, equipment, transportation, and project management to perform contract requirements. Construction would begin this month, September, with completion in the second quarter of 2004. The UPPR Track and Fiber Optic Relocation project covers the relocation of the Lenzen Wye track and fiber optic facilities, which is the first step in clearing the project site for the construction of the Caltrain Central Equipment Maintenance and Operations Facility (CEMOF).

The contract consists of a base contract and bid option items. The base contract scope of work includes track construction, railroad signals, fiber optic duct banks, and site work. The bid option items consist of five separate unit price items for off-haul of material from the site based on various levels of contamination.

The IFB was distributed throughout the construction industry and was opened publicly on July 30, 2003. Based on a comparison of the Grand Total Bid Price, it was determined that McGuire and Hester was the apparent low bidder to be considered for award. Subsequent to the bid opening, staff and legal counsel concluded that McGuire and Hester was non-responsive because although McGuire and Hester acknowledged receipt of all Addenda, they did not use the Schedule of Bid Prices provided with that Addendum for bid submittal. Their bid included material changes from the scope of work described in the current bid form and they did not follow the requirements of the bid documents. Accordingly, McGuire and Hester's bid was deemed non-responsive. As a result, S&WI is the lowest responsible bidder. McGuire & Hester has filed a protest of the rejection of their bid. The DBE office reviewed the bid documents submitted by S&WI and determined that the firm complies with the DBE requirements of the IFB.

Ms. Cavitt offered further explanation to the Board in support of staff's position on rejection of the apparent low bid submitted by McGuire & Hester. Staff issued Addendum 3 to project IFB. That addendum revised the bid forms by deleting two items, changing quantities for four bid items and changing the scope of work for one bid item. All bidders were required to use the revised bid form. Unfortunately, McGuire & Hester submitted their bid on a superseded version of the bid form, resulting in numerous discrepancies between its bid and the bid specifications. For example, they bid two items that had been deleted and the bid form utilized bid quantities that had been superceded. However, staff did acknowledge that the extended prices did seem to recognize the revised quantities. Finally, staff couldn't tell with any certainty that the contractor had bid to a scope clarification regarding fencing. McGuire & Hester's submission of the wrong bid form gave it an unfair advantage over other bidders, in that it gave them an opportunity to withdraw its bid due to mistake in filling out the bid forms. Most importantly, legal counsel advised where a bid may be withdrawn as a result of a mistake, pursuant to Contract Code, the public agency has no discretion to waive irregularity and must reject the bid.

In addition to the clear mandate of the Public Contract Code, the integrity of the sealed bid process demands that bids mirror exactly the requirements of the IFB. The process dictates that a bid containing discrepancies in its most material term, pricing data, will be rejected.

In conclusion, staff requests that the Board reject the award of McGuire & Hester and award the contract to Stacy Witbeck, Inc.

Director Burns asked if there was any question as to whether or not McGuire & Hester received the addendum that had the revised form.

Ms. Cavitt clarified that McGuire & Hester acknowledged receipt of the addendum.

David Miller, legal counsel, reported that since a protest has been lodged, which needs to be disposed of before action can be taken on the award, it would be appropriate to inquire as to whether there is a representative from McGuire & Hester here that would like to address the Board.

There was no representative from McGuire & Hester present at the meeting.

Director Rice-Oliver questioned whether McGuire & Hester was a DBE firm.

Ms. Cavitt stated that the DBE Officer informed her that the firm was not a DBE firm.

The motion to reject the protest filed by McGuire & Hester and to reject the low monetary bid as non-responsive and authorizing the award of contract to Stacy and Witbeck, Inc. for the UPRR Track and Fiber Optic Relocation Project for a total cost of $2,916,137 was approved unanimously, by roll call and resolution 2003- 34 was adopted.

DESIGNATION OF POSITION TO PROVIDE FARE ENFORCEMENT FOR CALTRAIN PROOF-OF-PAYMENT SYSTEM AND ESTABLISHING A SCHEDULE OF FINES FOR VIOLATIONS

Chuck Harvey, Chief Operating Officer, reported that this is the final action required by the Board to institute the full Proof-of-Payment (POP) system, which will begin on September 22. The first action includes a list of positions that will be authorized to provide fare enforcement. The second action includes an establishment of fines for violations of fare evasions. After reviewing other agencies, staff feels it would be appropriate to establish a fine schedule.

Director Lloyd questioned whether these proposed actions were similar to ACE and other POP systems.

Mr. Harvey responded that it was similar to other agencies, but not to ACE specifically. ACE allows court discretion to choose the fine. Staff followed other agencies, such as San Diego, who have followed a regimen of fines so that staff could keep track of offenders. If offenders keep coming back, then the fare increases.

Director Lloyd questioned whether it was similar to Coaster.

Mr. Harvey confirmed it was similar.

The motion for award of the designations of positions to provide fare enforcement for Caltrain Proof-of-Payment System and establishing a schedule of fines for violations passes unanimously, by roll call, and resolution 2003-35 was adopted.

REPORT OF LEGAL COUNSEL

None at this time

CORRESPONDENCE

Previously distributed

DATE/TIME OF NEXT MEETING:

Board Workshop, Thursday, September 17, 2003, 10:00 a.m. at the SamTrans Administrative Building, 1250 San Carlos Avenue, San Carlos, CA 94070

Regular Meeting, Thursday, October 2, 2003, 10:00 a.m. at the SamTrans Administrative Building, 1250 San Carlos Avenue, San Carlos, CA 94070

ADJOURNED

Meeting adjourned at 11:51 a.m.