AUGUST 14, 2013 FINAL AGENDA PUBLIC COMMENTS ON AGENDA ITEMS AND OTHER MATTERS

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1 NEW JERSEY TRANSIT CORPORATION NJ TRANSIT BUS OPERATIONS, INC. NJ TRANSIT RAIL OPERATIONS, INC. NJ TRANSIT MERCER, INC. NJ TRANSIT MORRIS, INC. REGULARLY SCHEDULED BOARD OF DIRECTORS MEETINGS CALL TO ORDER AUGUST 14, 2013 FINAL AGENDA APPROVAL OF MINUTES OF PREVIOUS MEETINGS PUBLIC COMMENTS ON AGENDA ITEMS AND OTHER MATTERS BOARD MEMBER COMMENTS ADVISORY COMMITTEE REPORT SENIOR CITIZEN AND DISABLED RESIDENT TRANSPORTATION ADVISORY COMMITTEE REPORT (NEXT REPORT DUE DECEMBER 2013) BOARD COMMITTEE REPORTS *Customer Service Committee *Administration Committee *Capital Planning, Policy & Privatization Committee EXECUTIVE DIRECTOR S MONTHLY REPORT ACTION ITEMS SUPERSTORM SANDY DISASTER RECOVERY PROGRAM: AMENDMENTS TO 2012 TASK ORDER CONSULTANT CONTRACTS PROGRAM Authorization to increase the total authorization amount for the 2012 Capital Planning and Programs Task Order Consultant Contracts Program with BEM Systems, Inc. (NJ TRANSIT Contract No B $300,000) for Environmental Management; Christopher P. Statile, PC (NJ TRANSIT Contract No C $500,000) For Civil Engineering services; Gannett Fleming, Inc. (NJ TRANSIT Contract No A $5,000,000) for Substations; Jacobs Engineering, Inc. (NJ TRANSIT Contract No B $1,000,000) for the Meadows Maintenance Complex; STV, Inc. (NJ TRANSIT Contract No C $3,500,000) for the Hoboken Terminal; Systra, Inc. (NJ TRANSIT Contract No D $1,000,000) for North Jersey Coast Line Design; HNTB (NJ TRANSIT Contract No B $7,000,000) for Program Management;

2 NEW JERSEY TRANSIT CORPORATION NJ TRANSIT BUS OPERATIONS, INC. NJ TRANSIT RAIL OPERATIONS, INC. NJ TRANSIT MERCER, INC. NJ TRANSIT MORRIS, INC. REGULARLY SCHEDULED BOARD OF DIRECTORS MEETINGS AUGUST 14, 2013 FINAL AGENDA PAGE 2 TranSystems, Inc. (NJ TRANSIT Contract No D $1, ) for Other Design; and Hill International (NJ TRANSIT Contract No F $1,000,000) for Project Oversight for a maximum authorization amount for the 2012 Task Order Consultant Contracts Program of $75,050,000, subject to the availability of funds. The maximum task order and contract limits for these contracts previously approved for the 2012 Task Order Consultant Contracts Program will not apply to tasks related to the Superstorm Sandy Disaster Recovery Program FORMER LAKE STREET BUS GARAGE: CONSTRUCTION CONTRACT AWARD FOR REMEDIATION Authorization to enter into NJ TRANSIT Contract No X with A&J Construction Company of Farmingdale, New Jersey, for the excavation of contaminated soil and treatment of contaminated ground water including an option to remove six underground storage tanks at the Former Lake Street Bus Garage in Newark, New Jersey, at a cost not to exceed $2,118,470.00, plus ten percent for contingencies, subject to the availability of funds. ADJOURNMENT

3 APPROVAL OF MINUTES WHEREAS, the By-Laws provide that the minutes of actions taken at meetings of the New Jersey Transit Corporation, NJ TRANSIT Rail Operations, Inc., NJ TRANSIT Bus Operations, Inc., NJ TRANSIT Mercer, Inc., and NJ TRANSIT Morris, Inc. Board of Directors be approved by the Board; and WHEREAS, pursuant to Section 4(f) of the New Jersey Public Transportation Act of 1979, the minutes of actions taken at the July 11, 2013 Board meetings of the New Jersey Transit Corporation, NJ TRANSIT Bus Operations, Inc., NJ TRANSIT Rail Operations, Inc., NJ TRANSIT Mercer, Inc., and NJ TRANSIT Morris, Inc. were forwarded to the Governor on July 16, 2013; NOW, THEREFORE, BE IT RESOLVED that the minutes of actions taken at the July 11, 2013 New Jersey Transit Corporation, NJ TRANSIT Rail Operations, Inc., NJ TRANSIT Bus Operations, Inc., NJ TRANSIT Mercer, Inc., and NJ TRANSIT Morris, Inc. Board of Directors' meetings are hereby approved.

4 EXECUTIVE DIRECTOR S REPORT THIS REPORT WILL BE PRESENTED SEPARATELY

5 ACTION ITEMS

6 ITEM : SUPERSTORM SANDY DISASTER RECOVERY PROGRAM: AMENDMENTS TO 2012 TASK ORDER CONSULTANT CONTRACTS PROGRAM BENEFITS The repairs and protective measures critical to restore and maintain safe and reliable public transportation to pre-storm conditions are extensive and are technically complex in nature, requiring the procurement of specialized oversight, engineering and design services, and to supplement NJ TRANSIT staff. NJ TRANSIT staff has developed an overall Superstorm Sandy Disaster Relief Program that identifies specific projects and roles for both agency staff and consultant resources. On March 4, 2013, the NJ TRANSIT Board of Directors met in a special Board Meeting to authorize contracts with Bombardier Transit Corporation and ORX Railway Corporation for repairs to the rail passenger cars and locomotives damaged by Superstorm Sandy and with Hall Construction for the restoration of the Hoboken Terminal main waiting area, vendor space, and public restrooms. On March 13, 2013, at their regular Board Meeting, the NJ TRANSIT Board of Directors authorized increasing contract limits on five 2012 Task Order Consultant Contracts Program contracts as part of the Superstorm Sandy Disaster Relief Recovery Program as well as with LTK Engineering Services, Inc. and with STV, Inc. for engineering assistance related to repairs on the rail passenger cars and locomotives. On April 10, 2013, the NJ TRANSIT Board of Directors authorized increasing contract limits on an additional six contracts in the 2012 Task Order Consultant Contracts Program. The consultants included in this authorization request will continue progressing NJ TRANSIT s Superstorm Sandy Disaster Recovery Program by providing technical expertise for the restoration and repair work as well as for the study and design of resiliency projects. These consultants are currently under contract with NJ TRANSIT following the completion of competitive procurement processes and prior approval of the NJ TRANSIT Board of Directors. ACTION (Scorecard: Customer Experience, Corporate Accountability, Financial Performance, Safety and Security) Staff seeks approval to increase the total authorization amount for the 2012 Capital Planning and Programs Task Order Consultant Contracts Program with BEM Systems, Inc. (NJ TRANSIT Contract No B $300,000) for Environmental Management; Christopher P. Statile, PC (NJ TRANSIT Contract No C $500,000) For Civil Engineering services; Gannett Fleming, Inc. (NJ TRANSIT Contract No A $5,000,000) for Substations; Jacobs Engineering, Inc. (NJ TRANSIT Contract No B $1,000,000) for the Meadows Maintenance Complex; STV, Inc. (NJ TRANSIT Contract No C $3,500,000) for the Hoboken Terminal; Systra, Inc. (NJ TRANSIT Contract No D $1,000,000) for North Jersey Coast Line Design; HNTB (NJ TRANSIT Contract No B $7,000,000) for Program Management; TranSystems, Inc. (NJ TRANSIT Contract No D $1, ) for Other Design;

7 and Hill International (NJ TRANSIT Contract No F $1,000,000) for Project Oversight for a maximum authorization amount for the 2012 Task Order Consultant Contracts Program of $75,050,000, subject to the availability of funds. The maximum task order and contract limits for these contracts previously approved for the 2012 Task Order Consultant Contracts Program will not apply to tasks related to the Superstorm Sandy Disaster Recovery Program. PURPOSE Authorization of these contract amendments will provide for the timely acquisition of critical services associated with NJ TRANSIT s asset repairs. This will provide NJ TRANSIT with the ability to fast-track the various repair and protection projects thereby ensuring they are completed in a timely manner and are eligible for Federal Emergency Management Agency (FEMA) and Federal Transit Administration (FTA) reimbursement. It is anticipated that the work schedule will extend through The authorization will greatly reduce the administrative procurement cycle and project lead times. A summary of the contract limits is shown in Exhibit A. The total authorization for the 2012 Task Order Consultants Contract Program will be $75,050,000: $32,050,000 for non-superstorm Sandy tasks, $41,800,000 for Superstorm Sandy tasks, and $1,200,000 for Super Bowl 48 tasks. It is anticipated that these additional authorizations will provide funding through February BACKGROUND Public transportation is a critical imperative to minimize traffic congestion, provide commutation and accessibility services, promote commerce, and enable citizens to obtain the necessities of life, as well as access to essential services such as police, fire, and first aid and to preserve much needed resources such as fuel. The damage caused from Superstorm Sandy included coastal storm surges that flooded rail yards, substations, and terminals. Inland the storm resulted in fallen trees, downed power lines, damage to roadways, and disruptions in electrical service. As a result, dangerous conditions throughout NJ TRANSIT s public transportation system continue to jeopardize the public safety if not fully remediated through long-term repair and protection of critical assets. Superstorm Sandy Disaster Recovery Program NJ TRANSIT has developed an interdisciplinary program utilizing both in-house staff and consulting firms to manage the design and construction of the projects identified as critical to restoring and improving NJ TRANSIT s infrastructure and rolling stock. Key consultant roles are listed below.

8 Environmental Manager BEM Systems, Inc. The consultant will be responsible for environmental permitting, NEPA planning and documentation, and remediation investigations. Civil Engineering Design Christopher P. Statile, PC The consultant will support the overall Superstorm Sandy Disaster Recovery Program by providing civil engineering and site designs for NJ TRANSIT facilities to ensure resiliency for future storm events. Substations Gannett Fleming The consultant will evaluate substation damage and design necessary repairs to return facilities to service as soon as possible. Additionally, the consultant will identify design mitigation measures to prevent future damage and/or service disruption. Meadows Maintenance Complex (MMC) Jacobs Engineering, Inc. The consultant will evaluate damage and design necessary repairs/improvements to make the MMC facilities more resilient to future storms. Hoboken Terminal STV, Inc. The consultant will evaluate damage and design necessary repairs to return Hoboken Terminal facilities to full service. North Jersey Coast Line Design Systra, Inc. The consultant will evaluate any damage to and design necessary improvements for bridges, track, Communications & Signals, and Bay Head Yard facilities to finalize repairs and make these elements more resilient for future storm events. Program Manager HNTB The consultant will provide overall project management control, including scheduling, estimating, document control, risk management, budget control, track outage coordination, and force account coordination. Other Design TranSystems, Inc. The consultant will evaluate any damage to and design necessary improvements for the Newark Light Rail, Secaucus Transfer, COOP, stations, and a spare parts facility to finalize repairs and make these elements more resilient for future storm events. Project Oversight Hill International Hill International, reporting directly to the NJ TRANSIT Board of Directors, Chairman and Vice-Chairman, will provide oversight services, including high-level reporting of an independent assessment of the implementation of the Superstorm Sandy Disaster Recovery Program by NJ TRANSIT staff.

9 Funding Anticipated source of funds to be used in these procurements include insurance proceeds, Federal Transit Administration and Transportation Trust Fund dollars, and possibly Federal Emergency Management Agency (FEMA). However, NJ TRANSIT anticipates a significant portion of the costs associated with this work to be reimbursed from insurance proceeds, FEMA and FTA. On February 4, 2013, the U.S. Department of Transportation (USDOT) announced the availability of $2 billion through the FTA s new Emergency Relief Program to help protect, repair, reconstruct, and replace public transit equipment and facilities that were badly damaged by Superstorm Sandy. The funds are the first installment of up to $10.9 billion appropriated to the FTA through the Disaster Relief Appropriations Act of 2013, which President Obama signed into law on January 29. FTA s new Emergency Relief Program was established under the two-year surface transportation law, Moving Ahead for Progress in the 21st Century (MAP-21). The funds will be awarded through the program on a rolling basis, in the form of grants to states, local governments, transit agencies and other organizations that own or operate transit systems damaged by the storm. Following the storm, the USDOT developed a rapid-response strategy to assist transit providers in the near-term, while laying the foundation for the responsible administration of federal-aid transit funds available now. Notably, FEMA and FTA have conducted damage assessments and cost-validation work for both operating and capital costs associated with restoring and rebuilding transit in the impacted areas. These early joint efforts support FTA s ability to compensate the affected transit agencies promptly while ensuring that taxpayer dollars are being spent responsibly. On May 23, 2013, FTA announced a Second Allocation of Public Transportation Emergency Relief Funds in Response to Hurricane Sandy: Response, Recovery & Resiliency providing an additional $3.7 billion under the Public Transportation Emergency Relief Program, bringing the total amount of Hurricane Sandy Emergency Relief funds allocated to-date to $5.7 billion. Within the $3.7 billion, FTA is allocating $2.4 billion for additional recovery and rebuilding projects and $1.3 billion for project elements or freestanding project projects that increase the resiliency of the affected transit systems to future disasters. Consistent with the requirements of the supplemental appropriations, the remaining disaster relief funds will be made available after FTA issues interim regulations. For the most part, the FTA will cover 90 percent of the cost of transit-related operating and capital projects undertaken in response to Superstorm Sandy. This item has been reviewed and recommended by the Board Customer Service Committee, the Board Administration Committee, and the Board Capital Planning, Policy and Privatization Committee.

10 FISCAL IMPACTS Requested Authorizations: 2012 Task Order Consultant This Authorization $ 20,300,000 Contracts Program Total Authorization $ 75,050,000 Total Project Cost: Part of Superstorm Sandy Disaster Recovery Program Projected Date of Completion: 2015 Anticipated Source of Funds: Federal Transit Administration Transportation Trust Fund Insurance Proceeds Federal Emergency Management Agency (possible) DBE/SBE Goal: 2012 Task Order Consultants 25% DBE Environmental Services 25% DBE Rail Operations & Infrastructure Planning 25% DBE Stations, Access & Site Planning 25% DBE Architectural/Engineering Services 20% DBE Bridge & Railway Engineering Services 25% DBE Construction Management NJ Build Amount: NA Related/Future Authorizations: Additional consultant services Impact on Subsequent Operating Budgets: None

11 RESOLUTION WHEREAS, NJ TRANSIT serves a vital role in the State s transportation network and in the State s economy; and that Superstorm Sandy jeopardized the public safety and welfare by obstructing safe transportation in New Jersey thereby making it difficult or impossible for citizens to obtain the necessities of life, limiting access to essential emergency services and restricting restoration of business and commerce vital to the region s economy; and WHEREAS, Superstorm Sandy damaged NJ TRANSIT s transportation assets requiring continued repair and restoration to restore the transportation system to pre-storm conditions; and WHEREAS, these repairs and protective measures are extensive and are technically complex in nature requiring the procurement of specialized oversight, engineering and design services and to supplement NJ TRANSIT staff; and WHEREAS, the consultants included in this authorization are currently under contract to NJ TRANSIT following the completion of competitive procurement processes; and WHEREAS, NJ TRANSIT anticipates a significant portion of the costs associated with this work to be reimbursed from insurance proceeds, the Federal Transit Administration and, possibly, the Federal Emergency Management Agency; NOW, THEREFORE, BE IT RESOLVED that the Chairman or Executive Director is authorized to increase the total authorization amount for the 2012 Capital Planning and Programs Task Order Consultant Contracts Program with BEM Systems, Inc. (NJ TRANSIT Contract No B $300,000) for Environmental Management; Christopher P. Statile, PC (NJ TRANSIT Contract No C $500,000) For Civil Engineering services; Gannett Fleming, Inc. (NJ TRANSIT Contract No A $5,000,000) for Substations; Jacobs Engineering, Inc. (NJ TRANSIT Contract No B $1,000,000) for the Meadows Maintenance Complex; STV, Inc. (NJ TRANSIT Contract No C $3,500,000) for the Hoboken Terminal; Systra,

12 Inc. (NJ TRANSIT Contract No D $1,000,000) for North Jersey Coast Line Design; HNTB (NJ TRANSIT Contract No B $7,000,000) for Program Management; TranSystems, Inc. (NJ TRANSIT Contract No D $1, ) for Other Design; and Hill International (NJ TRANSIT Contract No F $1,000,000) for Project Oversight for a maximum authorization amount for the 2012 Task Order Consultant Contracts Program of $75,050,000, subject to the availability of funds. The maximum task order and contract limits for these contracts previously approved for the 2012 Task Order Consultant Contracts Program will not apply to tasks related to the Superstorm Sandy Disaster Recovery Program.

13 EXHIBIT A SUMMARY OF REQUESTED AUTHORIZATIONS 2012 TASK ORDER CONSULTANT CONTRACTS PROGRAM AMENDMENTS Vendor Contract No. Additional Superstorm Sandy Disaster Recovery Program Authorizations Task Limit This Authorization Base Program Authorizations Previous Authorizations Contract Limit Task Limit Contract Limit URS Corporation C NA $ 0 $ 1,000,000 $ 1,000,000 $ 500,000 $ 1,500,000 BEM Systems, Inc B NA $ 300,000 $ 2,000,000 $ 2,300,000 $ 500,000 $ 4,000,000 Parsons Brinckerhoff A NA $ 0 $ 2, $ 2,000,000 $ 500,000 $ 3,000,000 Christopher P. Statile C NA $ 500,000 $ 750,000 $ 1,250,000 $ 400,000 $ 1,500,000 Gannett Fleming A NA $ 5,000,000 $ 2,750,000 $ 7,750,000 $ 500,000 $ 3,500,000 Jacobs Engineering B NA $ 1,000,000 $ 2,000,000 $ 3, $ 500,000 $ 3,500,000 STV, Inc C NA $ 3,500,000 $ 2,000,000 $ 5,500,000 $ 500,000 $ 3,500,000 Systra, Inc D NA $ 1,000,000 $ 2,000,000 $ 3,000,000 $ 500,000 $ 3,500,000 HNTB B NA $ 7,000,000 $ 5,000,000 $ 12,000,000 $ 600,000 $ 2,000,000 TranSystems, Inc D NA $ 1,000,000 $ 2,000,000 $ 3,000,000 $ 600,000 $ 2,000,000 1 Hill International F NA $ 1,000,000 $ 0 $ 1,000,000 $ 600,000 $ 3, Hill International was previously authorized under NJ TRANSIT Contract No A in the amount of $2,000,000 for Project Oversight.

14 ITEM : FORMER LAKE STREET BUS GARAGE: CONSTRUCTION CONTRACT AWARD FOR REMEDIATION BENEFITS Through a settlement agreement with the New Jersey Department of Environmental Protection (NJDEP), NJ TRANSIT is responsible for remediation of the contamination associated with the past operation of the former Lake Street Bus Garage in Newark, New Jersey. This contract involves the excavation and disposal of contaminated soil from the garage site, and will also initiate treatment of contaminated groundwater by means of chemical oxidation. These methods are an integral step towards reducing pollutant levels to below regulatory limits, thus ensuring a safe environment for those on or near the site. ACTION (Scorecard: Corporate Accountability, Safety & Security) Staff seeks authorization to enter into NJ TRANSIT Contract No X with A&J Construction Company of Farmingdale, New Jersey, for the excavation of contaminated soil and treatment of contaminated ground water including an option to remove six underground storage tanks at the Former Lake Street Bus Garage in Newark, New Jersey, at a cost not to exceed $2,118,470.00, plus ten percent for contingencies, subject to the availability of funds. PURPOSE This contract includes the excavation of approximately 5200 cubic yards of soil, most of it to be properly transported and disposed of off-site. Excavation will include protection of adjacent property by placement of steel sheeting or equivalent means, and dewatering as necessary. Excavation will be followed by in situ chemical oxidation treatment of groundwater, and back-filling. The contract includes an option to remove up to six previously-closed underground storage tanks. Exercising this option will be at the request of the current property owner, who will fund this work. BACKGROUND History In 2002, NJ TRANSIT sold the former Lake Street Bus Garage site in Newark to South 10 th Street LLC (96-98) under the condition that complete environmental remediation of the site. Under the contract of sale, NJ TRANSIT indemnified against all third party claims for damages caused by contamination from the Lake Street site. Subsequently, petroleum contamination from the site was found on a property across Lake Street: Essex County s Branch Brook Park. In October 2004, the NJDEP notified and NJ TRANSIT of the contamination at the park and demanded that undertake an immediate cleanup. When failed to respond to the notification, NJDEP initiated an emergency response action to address contamination at the park.

15 In 2009, NJ TRANSIT and negotiated a settlement whereby guaranteed a minimum payment of $750,000 to NJ TRANSIT and NJ TRANSIT agreed to complete the remedial investigation and clean-up of the property. That settlement was approved by the NJ TRANSIT Board of Directors in October Subsequently in April 2010 NJ TRANSIT and NJDEP negotiated a settlement agreement obligating NJ TRANSIT to remediate all discharges at the Lake Street Garage, including any that migrated to Branch Brook Park or any other area. The settlement also required NJ TRANSIT to reimburse NJDEP for their costs associated with the response to contamination at the park. The NJ TRANSIT Board of Directors approved this settlement agreement in December In compliance with NJDEP s Administrative Requirements for the Remediation of Contaminated Sites, NJ TRANSIT has procured the services of a Licensed Site Remediation Professional (LSRP) to oversee site investigations and develop a Remedial Action Work Plan (RAWP) for the former Lake Street Garage and Branch Brook Park. The excavation of the contaminated soil and treatment of the contaminated ground water is an important and necessary component of the RAWP. Subsequent to the completion of this contract, additional remediation activities will be overseen by the LSRP as well, including injections of chemical oxidation compounds through wells and monitoring groundwater conditions at both properties. Procurement The E-Bid Invitation for Bid was advertised on BID EXPRESS, NJ TRANSIT s electronic bid system, as well as in The Star-Ledger and The Trenton Times on April 29, A Pre-Bid Conference was held on May 9, 2013 at NJ TRANSIT Headquarters; a site visit to the former Lake Street Bus Garage followed the Pre-Bid Conference. Bids were received electronically and opened on June 4, 2013 at 2:00 p.m. The Office of Business Development has assigned a 0% SBE goal for this contract. The Engineer s Estimate for this work is $2,665,100. IFB X RESULTS COMPANY A&J Construction Company Farmingdale, New Jersey Kyle Conti Construction, LLC Hillsborough, New Jersey TOTAL EVALUATED PRICE $ 2,118, $ 2,835, A&J Construction is a certified Small Business Enterprise (SBE). This item has been reviewed and recommended by the Board Customer Service Committee, the Board Administration Committee, and the Board Capital Planning, Policy and Privatization Committee.

16 FISCAL IMPACTS Requested Authorization: $ 2,118, % contingency Total Projected Cost: $ 9,000,000 Projected Date of Completion: January 2014 Anticipated Source of Funds: DBE/SBE Goal: Transportation Trust Fund Current Property Owner 0% SBE NJ Build Amount: $ 10,595 Related Future Authorizations: Additional Remediation Work Impacts on Subsequent Operating Budgets: None

17 RESOLUTION WHEREAS, NJ TRANSIT has entered into a settlement agreement with the New Jersey Department of Environmental Protection obligating NJ TRANSIT to be responsible for clean-up of the former Lake Street Bus Garage site contamination; and WHEREAS, NJ TRANSIT, through its Licensed Site Remediation Professional, is pursuing on-going site remediation activities in compliance with applicable State regulations; and WHEREAS, the excavation of contaminated soil and treatment of contaminated ground water is a first step in the site remediation work plan; and WHEREAS, upon completion of a competitive procurement process, it was determined that A&J Construction Company was the lowest responsive responsible bidder; NOW, THEREFORE, BE IT RESOLVED, that the Chairman or Executive Director is authorized to enter into NJ TRANSIT Contract No X with A&J Construction Company of Farmingdale, New Jersey, for the excavation of contaminated soil and treatment of contaminated ground water including an option to remove six underground storage tanks at the Former Lake Street Bus Garage in Newark, New Jersey, at a cost not to exceed $2,118,470.00, plus ten percent for contingencies, subject to the availability of funds.