Authorize Execution of a Professional Services Agreement with Anchor Environmental, LLC, Relative to Request for Proposals No. 2008-FT-3, Consultant to Provide Berth and Channel Maintenance Dredging Design and Permitting Support Services for the Larkspur Ferry Terminal

Deputy District Engineer Ewa Bauer, District Engineer Denis Mulligan and General Manager Celia Kupersmith presented staff’s recommendation relative to Request for Proposals (RFP) No. 2008-FT-3, Consultant to Provide Berth and Channel Maintenance Dredging Design and Permitting Support Services for the Larkspur Ferry Terminal, to authorize execution of a Professional Services Agreement with Anchor Environmental, LLC (Anchor Environmental), to provide assistance in obtaining the necessary permits, to prepare design plans and bid documents and to provide technical support during the construction phase of the project.

The report stated that the approach channel and the turning basin at the Larkspur Ferry Terminal require dredging approximately every three years to remove built-up sedimentation for maintaining safe depths and widths for operating ferry vessels. The berths were last dredged in November 2004, and the channel and turning basin were last dredged in November 2006. On July 27, 2007, the District issued RFP No. 2008-FT-3 to solicit proposals from dredging design consultants. The scope of services for the berth maintenance dredging and the channel maintenance dredging designs are described in detail in the staff report.

The report also stated that four proposals were received by the due date of August 21, 2007. The proposals were reviewed by Engineering and Ferry Transit Division staff, the Attorney for the District and the Disadvantage Business Enterprise (DBE) Program Administrator. Staff determined that all proposals were found to be responsive. The Selection Committee evaluated and ranked the consultants based on each firms proposal and interview, which included the following criteria: (1) consultants’ team qualifications and experience; (2) consultants’ project understanding and approach; and, (3) consultants’ capabilities. No specific DBE goal was established for these services; however, consultants were urged to obtain DBE participation and were required to document their activities in the selection of subconsultants to ensure that this process was carried out in a nondiscriminatory manner. The DBE Program Administrator has determined that the consultant has complied with all applicable DBE requirements.

The report further stated that the Selection Committee agreed that the top-ranked consultant, Anchor Environmental, is best qualified to perform these services. Staff reviewed the cost proposal for these services, determined that Anchor Environmental’s price is reasonable and recommends execution of a Professional Services Agreement. Anchor Environmental will be compensated based upon actual time expended and expenses incurred, plus a fixed fee, for a total amount not to exceed $470,000. Staff also recommends that a contract contingency fund, in the amount of $47,000, be established for this Agreement for any changes in the scope of work that may develop while work proceeds.

Upon execution of a Professional Services Agreement, Anchor Environmental will commence with assisting the District in securing the permits necessary for the dredging work. Preparation of design plans and technical specifications will proceed simultaneously with the permitting process. The report noted that under the 2001 Long Term Management Strategy for Placement of Dredged Material in the San Francisco Bay Region Management Plan (2001 Plan), the U.S. Army Corps of Engineers (Corps) has instituted a phased reduction in the volume of sediments disposed in the San Francisco Bay, and requires dredgers to seek other disposal options, including the more costly ocean disposal and upland/beneficial reuse disposal sites. In accordance with the 2001 Plan, Anchor Environmental will assist the District in obtaining the most cost-effective mix of disposal options for the channel sediments. The District will be required to pay separate disposal permit fees to the regulatory agencies based on the final disposal location(s) and associated volume of sediments. Work will be performed in two phases: Phase I, berth dredging; and, Phase II, channel and turning basin dredging. A copy of the report is available from the Office of the District Secretary and on the District’s web site.

At the meeting, Denis Mulligan summarized the staff report, explaining the scope of work to be undertaken by Anchor Environmental.

Discussion ensued, including the following:

• Director Hernández inquired as to whether RFP No. 2008-FT-3 is similar to the dredging design agreements that the District has issued in the past. In response, Mr. Mulligan stated that about every three years, the District issues an RFP for design assistance with dredging in and around the Larkspur Ferry Terminal.

• Director Cochran inquired as to how the Corps would interface with Anchor Environmental’s work associated with RFP No. 2008-FT-3. In response, Mr. Mulligan stated that the Corps is one of five agencies that have a regulatory role in dredging projects on the San Francisco Bay, and that the Corps would be responsible for coordinating the approval process for dredging, as well as the disposal of dredge materials.

• Director Grosboll made the following inquiries:
  • He inquired regarding the status of the Corps taking on permanent responsibility for the dredging in and around the Larkspur Ferry Terminal. In response, Mr. Mulligan provided a brief update on the status of the Water Resources Development Act (WRDA), which he had reported on at the August 23, 2007 meeting of the Finance-Auditing Committee. Celia Kupersmith added that the WRDA bill is now ready for the President’s signature. Ms. Kupersmith further stated that as written, the WRDA bill does not call for the Corps to take over dredging, but rather, for the Corps to perform a cost benefit analysis before considering taking on permanent responsibility for dredging in and around the Larkspur Ferry Terminal. She noted that if the Corps takes over the dredging, the District’s budget deficit would be significantly reduced.
  • He inquired regarding alternatives for dredging disposal. In response, Mr. Mulligan briefly discussed deep ocean disposal, constructive wetland reuse and in-bay disposal options.

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

RECOMMENDATION

The Building and Operating Committee recommends that the Board of Directors authorize execution of a Professional Services Agreement with Anchor Environmental, LLC, Seattle, WA, relative to Request for Proposals No. 2008-FT-3, Consultant to Provide Berth and Channel Maintenance Dredging Design and Permitting Support Services for the Larkspur Ferry Terminal, in an amount not to exceed $470,000, to provide assistance in obtaining the necessary permits, to prepare design plans and bid documents and to provide technical support during the construction phase of the project; and authorize a contingency fund in the amount of $47,000; with the understanding that requisite funds (80% Federal/20% District) are included in the FY 07/08 Ferry Transit Division Capital Budget.

Action by the Board – Resolution
NON-CONSENT CALENDAR

AYES (6): Chair Stroeh; Directors Boro, Hernández, Middlebrook and Stroeh; President Moylan (Ex Officio)
NOES (0): None
ABSENT (2): Vice Chair Reilly; Director Ammiano

Approve Actions Relative to Contract No. 2007-FT-13, Larkspur Ferry Terminal Storage and Inspection Station, with Bay Area Structural, Inc.

In a report to Committee, Deputy District Engineer Ewa Bauer, District Engineer Denis Mulligan and General Manager Celia Kupersmith provided staff’s recommendation to approve actions relative to Contract No. 2007-FT-13, Larkspur Ferry Terminal Storage and Inspection Station, for the removal and disposal of unforeseen hazardous asbestos cement concrete pipe.

As background, the District was awarded a grant through the Transit Security Grant Program of the United States Department of Homeland Security. This grant allowed the District to design and construct a single delivery, storage and inspection station for ferry supplies, outside of the physical security perimeter and away from ferry passengers and ferry vessels. This project will ensure compliance with 33 CFR 104, et seq., by providing facilities to deliver and inspect vessel supplies before they are placed onboard the ferry vessels. The Board of Directors, by Resolution No. 2007-039 at its meeting of May 25, 2007, authorized award of Contract No. 2007-FT-13, to Bay Area Structural, to construct a storage and inspection station at the Larkspur Ferry Terminal, for a total project budget of $320,000, including a contingency fund in the amount of $25,520, equal to 10% of the total bid price.

The report stated that the storage and inspection station are being constructed in an area that requires removal of landscaping soil so that the station may be secured to a concrete platform. During the soil removal work, concrete pipes were encountered that had not been indicated on the contract plans. After sampling and testing, staff determined that these concrete pipes were made with asbestos cement, a hazardous material. California state law requires that removal and disposal of this type of material must be performed by a certified asbestos abatement contractor. The District requested that the Contractor solicit quotes for the concrete pipe removal and disposal work, since this work was not included in Contract No. 2007-FT-13. Staff has determined that the quotes are reasonable for this work and recommends execution of Change Order No. 3 in the amount of $25,718.

The report also stated that, during the soil removal work, it was also discovered that the elevation of the existing concrete slab was four to six inches higher than the elevation of the adjacent sidewalk concrete, which had not been indicated on the contract plans. The elevated concrete slab must be removed and reconstructed to match the elevation of the existing sidewalk as part of constructing a driveway to the new station. A change order for this work is currently being negotiated. With more than 90 percent of the contract work remaining, additional changes to the scope of work may be necessary; therefore, staff recommends approval of a budget increase in the amount of $37,000 ($29,600 grant funded/$7,400 District funded) to increase the contingency fund from $25,520 to $37,000, increasing the total project budget for Contract No. 2007-FT-13 to $357,000. A copy of the report is available from the Office of the District Secretary and on the District’s web site.

At the meeting, Denis Mulligan summarized the staff report, describing the asbestos cement concrete pipes that were discovered by the contractor.

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

RECOMMENDATION

The Building and Operating Committee recommends that the Board of Directors approve the following actions relative to Contract No. 2007-FT-13, Larkspur Ferry Terminal Storage and Inspection Station:

Authorize a budget increase in the FY 07/08 Ferry Transit Division Capital Budget in the amount of $37,000, to increase the contingency fund from $25,520 to $37,000, to cover any changes in the scope of work, to be funded with $29,600 Federal Transit Administration grant funds and $7,400 from District reserves, subject to the concurrence of the Finance-Auditing Committee at its meeting of September 27, 2007.

Action by the Board – Resolution
NON-CONSENT CALENDAR

AYES (6): Chair Stroeh; Directors Boro, Hernández, Middlebrook and Stroeh; President Moylan (Ex Officio)
NOES (0): None
ABSENT (2): Vice Chair Reilly; Director Ammiano

Authorize Award of a Contract to Universal Building Services & Supply Company Relative to RFP No. 2007-MD-3, Janitorial Services for District Facilities

In a memorandum to Committee, Deputy General Manager/Bridge Division Kary Witt, Deputy General Manager/Bus Division Susan Chiaroni and General Manager Celia Kupersmith reported on the staff’s recommendation to authorize award of a contract to Universal Building Services and Supply Company relative to RFP No. 2007-MD-3, Janitorial Services for District Facilities.

As background, the Board of Directors, by Resolution No. 2006-100 at its meeting of December 15, 2006, awarded contracts to ABM Janitorial Services (ABM) for janitorial services at the Golden Gate Bridge Toll Plaza, San Rafael, Novato and Santa Rosa facilities and to Universal Building Services & Supply Company (UBS) for janitorial services at the Larkspur Ferry Terminal. Since work has started, ABM’s performance has been below the standards required by RFP No. 2007-MD-3 and inconsistent with the technical specifications. District staff has held numerous meetings with ABM and has sent several letters to ABM to discuss its substandard level of service. On June 27, 2007, the District sent a letter to ABM, informing them that the District would terminate the contract if service did not improve. Since that date, ABM has not provided quality cleaning services in accordance with the contract; therefore, staff terminated ABM’s janitorial services for breach of contract.

The report stated that, in November 2006 through the evaluation process for RFP No. 2007-MD-3, UBS had received the second highest ranking to provide janitorial services at the Golden Gate Bridge Toll Plaza, San Rafael, Novato and Santa Rosa facilities. UBS was the highest ranked proposer for the Larkspur Ferry Terminal and is currently providing janitorial services at that facility. UBS has agreed to provide janitorial services at the other District facilities at the rates set forth in its proposal submitted on November 21, 2006. As UBS was selected through a competitive process nine months ago, and as UBS’ rates are competitive in today’s market, staff has determined that re-issuing an RFP would not be prudent. Therefore, staff recommends award of a contract to UBS for janitorial services at the Golden Gate Bridge Toll Plaza, San Rafael, Novato and Santa Rosa facilities for a 15-month term. The additional cost associated to this award is $3,933, which amount will be included in the current and future fiscal year operating budgets for each affected division. A copy of the staff report is available in the Office of the District Secretary, as well as on the District’s web site.

At the meeting, Kary Witt summarized the staff report and explained the situation with the janitorial service at the Golden Gate Bridge Toll Plaza.

Discussion ensued, including the following:

• Director Hernández made the following comments:
  • She shared her experience visiting the public restrooms at the Golden Gate Bridge Toll Plaza visitors’ area at the East Parking Lot, and described the deplorable conditions that had resulted from ABM’s substandard janitorial work.
  • She expressed her concerns that visitors’ experience had been negatively affected during that time, but further stated that in the past few months, there had been noticeable improvement in the cleanliness of the restrooms.
  • She commended District staff for quickly taking action to improve the restrooms.
  • She suggested that the criteria for ranking janitorial proposals be adjusted to give less weight to contract price and more weight to firm experience, qualifications and references. She further requested that new criteria be added that determines the level of health and welfare benefits for the employees of a janitorial service company. She proposed that a ratio of 30 percent for contract price, 30 percent for firm experience and qualifications, 30 percent for references and 10 percent for health and welfare benefits be adopted.
  • She inquired as to why nine months elapsed between the award and the termination of the contract with ABM. In response, Mr. Witt explained that staff followed the protocol contained in the contract provisions and that staff had given ABM an opportunity over several months to rectify the situation prior to issuing the notice of termination.
  • She requested additional information regarding UBS and its employment practices.

• Director Grosboll inquired regarding union representation of the workers employed by the janitorial companies, and Mr. Witt stated that neither ABM nor UBS have union-represented employees.

• Celia Kupersmith emphasized the need for excellent janitorial service at the District’s facilities, noting that employee morale can be negatively affected with substandard janitorial service.

• Director Boro inquired as to whether janitorial service contracts were subject to prevailing wage laws. In response, Attorney Miller stated that prevailing wage laws do not apply to janitorial service contracts.

• Chair Eddie suggested that staff modify the proposal specifications prior the issuance of the next janitorial services RFP.

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

RECOMMENDATION

The Building and Operating Committee recommends that the Board of Directors authorize award of Contract No. 2007-MD-3, Janitorial Services for District Facilities, to Universal Building Services & Supply Company, Richmond, CA, in the amount of $145,815, to provide janitorial services at the Golden Gate Bridge Toll Plaza, San Rafael, Novato, and Santa Rosa facilities, for a 15-month term commencing October 1, 2007, with a one-year option at an increase in cost of up to five percent based upon a corresponding documented increase in the Contractor’s costs, exercisable by the General Manager or designee; with the understanding that requisite funds are available in the FY 06/07 Bus, Ferry and Bridge Divisions’ Operating Budgets (100% District), and with the further understanding that requisite funds will be included in the appropriate future fiscal years’ Operating Budgets.

Action by the Board – Resolution
NON-CONSENT CALENDAR

AYES (6): Chair Stroeh; Directors Boro, Hernández, Middlebrook and Stroeh; President Moylan (Ex Officio)
NOES (0): None
ABSENT (2): Vice Chair Reilly; Director Ammiano

Authorize Award of Contract No. 2008-B-3-CMAS, Golden Gate Bridge Video Surveillance Equipment, to Metro Video Systems, Inc., Relative to California Multiple Award Schedule (CMAS) Contract No. 3-00-58-0151A

In a memorandum to Committee, Deputy General Manager/Bridge Division Kary Witt and General Manager Celia Kupersmith reported on staff’s recommendation to authorize award of a contract to Metro Video Systems, Inc., in the amount of $273,714, for the purchase of video surveillance equipment for use at Golden Gate Bridge locations through the California Multiple Award Schedule (CMAS).

The report stated that the District is a recipient of a $200,000 Federal Department of Homeland Security Urban Area Security Initiative grant (UASI grant) for physical security upgrades at the Golden Gate Bridge. The eligibility requirements of UASI grant funds include the procurement of security equipment, as well as the procurement of a state-of-the-art digital recording system. Under the terms of the UASI grant, the deadline for the procurement and receipt of the equipment is November 2007. To meet the UASI grant deadline, staff determined that the video surveillance equipment and recording system could be purchased by utilizing the CMAS program, instead of undertaking an independent procurement process.

As background, the CMAS program is a multiple award schedule based on the federal General Services Administration model. CMAS offers a wide variety of commodity and information technology products and services at prices that the state has assessed to be fair, reasonable and competitive. Public Contract Code Sections 10298 and 10299 allow the District to take advantage of the CMAS program and receive the same volume pricing, generous discounts, extensive selection of items and high-quality service that are available to state agencies.

The report also stated that staff, in consultation with the District’s Attorney, has determined that this contract was originally issued by the federal General Services Administration. Both the federal and state governments have determined that the prices offered are fair, reasonable and competitive. In order to assure a maximum level of open competition, and to replicate as closely as possible under these exigent circumstances a low-bid procurement process, the Procurement and Retail Operations Department invited sealed bids from other vendors on the CMAS schedule and determined that Metro Video Systems’ bid was the lowest price. The Bridge Security Enhancement Project is included in the FY 07/08 Bridge Division Capital Budget at a cost of $200,000 and is 100% federally funded. The additional cost of $73,714 will be funded by the South Approach Security Enhancements project and is included in the FY 07/08 Bridge Division Capital Budget. A copy of the staff report is available in the Office of the District Secretary, as well as on the District’s web site.

At the meeting, Kary Witt summarized the staff report, noting that through this CMAS purchase, the District will be able to upgrade analog video recording equipment to modern digital recording equipment.

Discussion ensued, including the following:

• Director Grosboll inquired as to the amount of surveillance cameras at the District’s facilities. In response, Attorney Miller stated that in accordance with the Brown Act, discussions regarding the District security systems would be more appropriate to take place during a closed session.

• Director Boro suggested that staff prepare a status report on the District’s security systems at an upcoming meeting of the Board of Directors. In response, Celia Kupersmith stated that, given the fact that staff has not presented such a report to the Board in several years, staff would schedule a closed session to discuss security issues at a Board of Directors meeting during the next few months. In addition, Kary Witt encouraged the members of the Board of Directors to schedule a tour of the District’s security facilities.

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

RECOMMENDATION

The Building and Operating Committee recommends that the Board of Directors authorize award of Contract No. 2008-B-3-CMAS, Golden Gate Bridge Video Surveillance Equipment, to Metro Video Systems, Inc., El Segundo, CA, in the amount of $273,714, for the purchase of video surveillance equipment and a digital recording system through California Multiple Award Schedule (CMAS) Contract No. 3-00-58-0151A; with the understanding that requisite funds (100% Federal) are included in FY 07/08 Bridge Division Capital Budget.

Action by the Board – Resolution
NON-CONSENT CALENDAR

AYES (6): Chair Stroeh; Directors Boro, Hernández, Middlebrook and Stroeh; President Moylan (Ex Officio)
NOES (0): None
ABSENT (2): Vice Chair Reilly; Director Ammiano

Status Report from District Appointees on Sonoma-Marin Area Rail Transit (SMART) Board

The Committee was provided with a copy of the agenda for the September 19, 2007, meeting and the minutes of the July 18, 2007, 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 Boro, one of the members of the SMART Board of Directors (SMART Board), reported on items discussed at the September 19th SMART Board meeting, which items included the status of SMART’s Supplemental Environmental Impact Report, preparation for the November 2007 SMART ballot measure and the hiring of Chris Coursey as SMART’s new Community Outreach and Public Information Manager.

Action by the Board – None Required

Status Report on Engineering Projects

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.

Action by the Board – None Required

Public Comment

There was no public comment.

Adjournment

All business having been concluded, the meeting was declared adjourned at 10:40 a.m.