AYES (11):  Directors Ammiano, Cochran, Eddie, Hernández, Martini, Pahre, Shahum and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook
NOES (0):   None

[Note: It was determined that there was no need to hold a closed session relative to the above-listed item.]

[Note: The above recommendation was forwarded to the Board of Directors meeting of February 24, 2006, for action.]

The report stated that the District owns and operates three bus depot facilities in Marin and Sonoma counties, namely: (1) Novato Bus Facility, located at 801 Golden Gate Place, Novato; (2) San Rafael Bus Facility, located at 1011 Andersen Drive, San Rafael; and, (3) Santa Rosa Bus Facility, located at 1322 Industrial Drive, Santa Rosa.

These sites previously contained underground storage tanks (USTs) that were used for the storage of diesel fuel for refueling the bus fleet. The original USTs were removed and replaced with new above and/or underground storage tanks, which were installed in compliance with environmental regulations. The original USTs have had leaks of petroleum hydrocarbons and, in accordance with environmental regulations, the District has performed soil and groundwater investigations, including remedial treatments, to clean up soil and groundwater that had been impacted by the leaks. In an effort to reach closure on the work at each of the sites, the District requires the assistance of a professional environmental firm to complete the work. The proposed Professional Services Agreement will include the remaining scope of work required by the regulatory agencies at the three sites that must be performed prior to the agencies making a decision concerning site closure.

The report stated that on November 8, 2005, the District issued a Request for Proposals to environmental consultants to provide professional environmental services related to the remaining investigation and mitigation scope of work at the District’s three bus sites in Novato, San Rafael and Santa Rosa. The District received proposals from seven consulting firms by the due date of December 13, 2005. A selection committee, consisting of Engineering, Environmental/Safety and Bus Division staff, as well as the District’s Disadvantage Business Enterprise (DBE) Program Administrator and District’s legal counsel reviewed the proposals and determined that they all satisfied the solicitation requirements and that they all are responsive.

The report also stated that the selection committee evaluated and ranked the consultants based on the submitted proposals and interview presentations. The selection criteria included: (1) consultant team qualifications and experience; (2) project understanding and approach; and, (3) consultants’ capabilities, which include their records of successfully performing similar work for both private and public agencies in Marin and Sonoma counties and in the Bay Area region. The selection committee reviewed the submitted written proposals and interviewed the five top ranked proposals, as follows:

1. PES Environmental Inc., Novato
2. TEC Accutite, South San Francisco
3. Weiss Associates, Emeryville
4. URS Corporation, Oakland
5. ENGEO Incorporated, San Ramon

The selection panel agreed that the top-ranked consultant is best qualified to perform these services and staff recommends authorizing execution of a Professional Services Agreement to PES Environmental, Inc.  The DBE Program Administrator has determined that a 3% DBE participation is anticipated during the performance of this project.  District staff reviewed and has negotiated the cost with PES Environmental, Inc., in an amount not to exceed $800,000, for the required scope of services, which compensation will be based upon actual time expended and expenses incurred plus a fixed fee.  Staff also recommends that a contingency, in the amount of $80,000, be established for any additional scope that may develop while work proceeds.  A copy of the staff report is available in the Office of the District Secretary, as well as on the District’s web site.

Denis Mulligan summarized the staff report and stated that the recommended Professional Services Agreement is for a multi-year project in which the consultant will perform a variety of different services.

Discussion ensued, including the following:

• Director Ammiano inquired as to the current state of the storage tanks.  In response, Mr. Mulligan stated that the storage tanks have all been replaced with double wall tanks at all three sites and that, if a leak occurs, it will be detected immediately and will not leak into the soil or groundwater.  He noted that the District works with the local fire departments and that the District is in compliance with all regional and state environmental laws.

• Director Middlebrook inquired as to progress in the case against Agilent Technologies, Inc. (Agilent) regarding their responsibility for contaminates in the groundwater and in the soil at the Santa Rosa site.  In response, Mr. Mulligan noted that Agilent, which is a spin off of Hewlett-Packard Company (HP), is located at the facility adjacent to the Santa Rosa site.  He stated that there are two documented cases of Triholoroethylene (TCE) contamination and the District is working with HP and the North Coast Regional Water Quality Control Board on a dispute that all TCE on our site came from the former HP site.  HP contends that the contamination came from a former land user at our site; however, the District has been able to document and rebut that assertion.

Staff recommended and the Committee concurred by motion made and seconded by Directors HERNÁNDEZ/STROEH to forward the following recommendation to the Board of Directors for its consideration:

AYES (11):  Directors Ammiano, Cochran, Eddie, Hernández, Martini, Pahre, Shahum and Stroeh; Second Vice President Boro; First Vice President Moylan; President Middlebrook
NOES (0):   None

[Note: The above recommendation was forwarded to the Board of Directors meeting of February 24, 2006, for action.]

The Committee was provided with copies of the Minutes for the January 18, 2006 meeting and the Agenda for the February 15, 2006 meeting of the Sonoma-Marin Area Rail Transit District (SMART).   Copies of these items are available in the Office of the District Secretary, as well as on the District’s web site.

At the meeting, Director Pahre, one of the District’s representatives on the SMART Board of Directors (SMART Board), provided updates on the following topics:

1. She stated that the SMART Board will receive a status report on the responses to the draft Environmental Impact Report (EIR) and may consider some policy changes before finalization.
2. She stated that the SMART Board received a storm drainage report, for property that is in transition between the District and SMART, which was affected by flooding.  In addition, Ms. Kupersmith noted that there were significant drainage problems on the right-of-way property in Corte Madera which were resolved with the placement of sandbags.  She further noted that the District installed fencing that was missing in that section of right-of-way property.
3. She stated that the SMART Board is in the process of finalizing the Request for Proposals relative to the Santa Rosa Square project.  Director Martini added that, as part of his research regarding SMART transit-oriented development, he recently toured a transit-oriented development in Southern California.  He stated thatthe most difficult issue related to transit-oriented development is influencing people to take transit instead of driving their automobiles.
4. Chair Eddie announced that Director Boro will become President of the SMART Board and will be charged with leading the Board during a very challenging time.

In a memorandum to Committee, Deputy District Engineer Ewa Z. Bauer, District Engineer Denis Mulligan and General Manager Celia Kupersmith reported on current engineering projects.  A copy of the report is available in the Office of the District Secretary and on the District’s web site.

Discussion ensued, including the following:

• Director Hernández inquired as to whether the Engineering Department anticipated finding any areas of concern when the underwater inspection of the Golden Gate Bridge north and south tower piers is undertaken. In response, Mr. Mulligan stated that this underwater inspection is routinely performed every 10 years, and is associated with the more frequent Biennial Bridge Inspection program in accordance with federal regulations. He further stated that Engineering staff does not anticipate discovering any problems during the inspection.

Action by the Board - None Required