June 26, 2008

REPORT OF THE BUILDING AND OPERATING COMMITTEE

Honorable Board of Directors
Golden Gate Bridge, Highway
  and Transportation District

Honorable Members:

A meeting of the Building and Operating Committee was held in the Board Room, Administration Building, Toll Plaza, San Francisco, California, on Thursday, June 26, 2008, at 10:20 a.m., Chair Eddie presiding.

Committee Members Present (6): Chair Eddie; Directors Boro, Cochran, Newhouse Segal and Pahre; President Moylan (Ex Officio). Directors Cochran, Newhouse Segal and Pahre were appointed Committee Members Pro Tem for this meeting only.

Committee Members Absent (4): Vice Chair Reilly; Directors Ammiano, Hernández and Stroeh

Other Directors Present (0): None

Staff Present: General Manager Celia G. Kupersmith; District Engineer Denis J. Mulligan; Auditor-Controller Joseph M. Wire; Secretary of the District Janet S. Tarantino; Attorney David J. Miller; Deputy General Manager/Bridge Division Kary H. Witt; Deputy General Manager/Ferry Division James P. Swindler; Public Affairs Director Mary C. Currie; Risk Management and Safety Director William Stafford; Deputy District Engineer Ewa Z. Bauer; Assistant Clerk of the Board Karen B. Engbretson; Executive Assistant to the General Manager Amorette Ko

Visitors Present: David Hoffman, Marin County Bicycle Coalition; Maureen Gaffney, Association of Bay Area Governments/San Francisco Bay Trail; Carl Taber, Attorney; Randy Anger, Athens Administrators

       
1.

Approve Actions Relative to the Execution of a Professional Services Agreement with Environmental Science Associates Relative to Request for Proposals No. 2006 B-5, Golden Gate Bridge Seismic Retrofit Phase III, Environmental Compliance Monitoring Services

In a report to Committee, Deputy District Engineer Ewa Bauer, District Engineer Denis Mulligan and General Manager Celia Kupersmith presented staff’s recommendation to approve actions relative to execution of a Professional Services Agreement with Environmental Science Associates for Request for Proposals (RFP) No. 2006-B-5, Golden Gate Bridge Seismic Retrofit Phase III, Environmental Compliance Monitoring Services. The report stated that the Golden Gate Bridge Seismic Retrofit Phase IIIA Project (Phase IIIA Project) involves construction of the seismic retrofit of the North Anchorage Housing and the North Pylon, including: (1) strengthening the North Anchorage Housing and North Pylon foundations and external walls; (2) strengthening the North Anchorage Housing internal concrete frame system; (3) replacing, under continuous traffic, the Anchorage Housing concrete roof that serves also as a bridge roadway and sidewalks; and, (4) performing various modifications to utilities.

The report also stated that since the Phase IIIA Project is federally funded, the District will be following the rules and procedures set forth in the California Department of Transportation (Caltrans) Local Assistance Procedures Manual for federally-assisted projects. The District has received approval from the Federal Highway Administration (FHWA) and Caltrans for the Phase IIIA Construction Contract Administration Plan (Plan). The Plan states that administration and management of the Phase IIIA construction project by the District will require engagement of consultants for the following services: (1) Construction Management and Inspection Support; (2) Engineering (Design) Support; (3) Environmental Compliance Monitoring; and, (4) Materials Quality Assurance Sampling and Testing. The Environmental Assessment/Initial Study/Negative Declaration environmental documents prepared for the Seismic Retrofit Project and the project Special Use Permit issued by the National Park Service (NPS) require Environmental Compliance Monitoring of the seismic retrofit construction contractor’s field operations. These documents specify that an independent environmental consultant perform the monitoring.

The report also stated that the Board of Directors, by Resolution No. 2008-023 at its March 28, 2008 meeting, awarded Contract No. 2006-B-1, Golden Gate Bridge Seismic Retrofit Phase IIIA, North Anchorage Housing/North Pylon, to Shimmick Construction Company, Inc./Obayashi Corporation, Joint Venture (Shimmick/Obayashi), and approved a total budget for the Phase IIIA Project in the amount of $119,231,219, which amount includes the cost of construction, as well as the estimated cost of consultant services. The report stated that on March 20, 2008, the District issued Request for Proposals (RFP) No. 2006-B-2, which consists of the following scope of services: (1) performing environmental compliance field monitoring of construction activities on the Phase IIIA Project; (2) ensuring compliance with the environmental and construction contract documents of the Phase IIIA Project; (3) monitoring and documenting the contractor’s operations for compliance with approved environmental mitigation plans; (4) performing air quality and noise monitoring at the site, the preparation and submittal of quarterly and annual reports; and, (5) preparing a Re-vegetation Plan and a Site Restoration and Cleanup Plan upon completion of the Phase IIIA construction work.

The report further stated that the District advertised RFP No. 2006-B-5 on its web site, notified environmental consultant business organizations and sent a notice to eleven environmental consulting firms. By the due date of April 15, 2008, the Office of the District Secretary received one proposal from Environmental Science Associates (ESA) of San Francisco, CA. The District’s Evaluation Panel, consisting of District engineering staff, and representatives from the National Park Service, evaluated ESA’s proposal and interviewed the ESA team on April 22, 2008. The selection criteria included the following: (1) qualifications of the firm and the individual consultant team members; (2) the firm’s track record on previously completed similar projects; and, (3) the firm’s understanding of and methodology for providing environmental compliance monitoring services for the Phase III Project construction. The Evaluation Panel unanimously agreed that ESA is qualified to perform these services, and the District Engineer concurred with this determination. Staff entered into negotiations with ESA for a not-to-exceed cost of $300,000 for RFP No. 2006-B-5, a cost which is considered fair and reasonable, based on the historic scope of work and cost data for similar services provided by consultants for Phase I and Phase II of the Seismic Retrofit Project.

The report also stated that no contract-specific DBE goal was established for RFP No. 2006-B-5. However, consultants were strongly encouraged to obtain DBE participation. The DBE Program Administrator has determined that ESA has complied with the DBE requirements applicable to RFP No. 2006-B-5. At this time, a 10% DBE participation is anticipated during the performance of these services.

The report explained that in accordance with the FHWA’s and Caltrans’ requirements for Federal aid fund participation, consultants’ proposals must be audited prior to execution of professional services agreements to verify that the consultants’ accounting systems, rates, knowledge of FHWA’s cost eligibility, documentation requirements and proposed contract language are satisfactory. The audits and resolution of audit findings are prerequisites for FHWA’s/Caltrans’ approval of consultant services professional services agreements. The District has requested that Caltrans’ Office of External Audits and Investigations perform a pre-award audit of the HNTB proposal. The Environmental Compliance Monitoring consultant will be needed prior to the performance of site disturbance by the construction contractor.

Staff recommends that a Professional Services Agreement be executed with ESA, in an amount not to exceed $300,000, subject to the Golden Gate Bridge, Highway and Transportation District receiving approval from the Federal Highway Administration and the California Department of Transportation; and, that a contingency reserve fund be established in the amount of $30,000. 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, noting that since the construction site for the Phase IIIA Project is on Golden Gate National Recreation Area parkland, National Park Service personnel assisted in the selection process for RFP No. 2006-B-5.

Staff recommended and the Committee concurred by motion made and seconded by Directors MOYLAN/COCHRAN 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 Request for Proposals No. 2006-B-5, Golden Gate Bridge Seismic Retrofit Phase III, Environmental Compliance Monitoring Services:

  a.
Authorize execution of a Professional Services Agreement with Environmental Science Associates, San Francisco, CA, in an amount not to exceed $300,000, subject to the Golden Gate Bridge, Highway and Transportation District receiving approval from the Federal Highway Administration and the California Department of Transportation; and,
  b.

Establish a contingency reserve fund in the amount of $30,000.

Action by the Board at its meeting of June 27, 2008 – Resolution
NON-CONSENT CALENDAR

       
 
AYES (6): Chair Eddie; Directors Boro, Cochran, Newhouse Segal and Pahre; President Moylan (Ex Officio)
NOES (0): None
ABSENT (4): Vice Chair Reilly; Directors Ammiano, Hernández and Stroeh
       
2.

Approve Actions Relative to the Award of Contract No. 2008-FT-8, Larkspur Ferry Terminal Parking and Access Improvements (Phase I), to Ghilotti Bros., Inc.

In a report to Committee, Deputy District Engineer Ewa Bauer, District Engineer Denis Mulligan and General Manager Celia Kupersmith presented staff’s recommendation to approve actions relative to the award of Contract No. 2008-FT-8, Larkspur Ferry Terminal Parking and Access Improvements (Phase I), to Ghilotti Bros., Inc.

The report stated that the existing Larkspur Ferry Terminal (LFT) customer parking lot fills to its capacity daily and demand exists for additional customer parking. This project, Contract No. 2008-FT-8, which represents Phase I of planned improvements and expansion of LFT parking, will reconfigure existing parking spaces and construct new parking areas in order to create additional ferry customer parking. The project will also include modification and construction of the following items: (1) drainage facilities; (2) a portion of bicycle path that includes a new bicycle bridge; (3) landscaping; (4) light fixtures; (5) new in-roadway lighting systems; (6) new landscape furniture; (7) new bicycle racks; and, (8) other associated work including saw cutting and demolition of the existing pavement, curbs, and sidewalks and grading of existing landscaped areas. In addition, public access to the LFT will also be improved to meet the requirements of the Americans with Disabilities Act (ADA) and applicable California accessibility regulations.

The report also stated that staff prepared the plans and specifications for Contract No. 2008-FT-8 and advertised for bids on May 13, 2008. On June 10, 2008, four bids were received and publicly read by the Secretary of the District. The report further stated that the Engineering Department staff, the DBE Programs Administrator and the Attorney evaluated the bids and concluded that the apparent responsive, responsible low bidder is Ghilotti Bros., Inc., with a bid price of $1,298,000. In addition, the DBE Program Administrator determined that Ghilotti Bros., Inc., has complied with the DBE requirements applicable to this contract, although no specific DBE goal was established, a 7.7% DBE participation is anticipated during the performance of this contract.

The report explained the background of the 1974 permit issued by the San Francisco Bay Conservation and Development Commission (BCDC) for the construction of the Larkspur Ferry Terminal. Over time, commuter parking has encroached upon areas that had been reserved for public access under the 1974 permit. As part of the arrangements to undertake Contract No. 2008-FT-8, the District must enter into an Agreement with the BCDC to complete certain work required under prior permit amendments and to prevent future encroachments of the public access areas. Staff recognizes the need to fully honor commitments previously made that are embedded in the BCDC permit and has negotiated an agreement whereby the District will undertake additional physical improvements or other programs costing $50,000, in order to mitigate impacts to public access and landscaping.

The report further stated that it is recommended that Contract No. 2008-FT-8 be awarded to Ghilotti Bros., Inc., in the amount of $1,298,800, and that a contingency reserve fund be authorized in the amount of $129,800, equal to 10% of the contract amount. This project is included in the FY 07/08 Ferry Division Capital Expenditures Budget in the amount of $2,530,000 and is 80% Federal Transit Administration funded and 20% District funded. The report noted that because the amount of the low bid was less than the Engineer’s Estimate for Contract No. 2008-FT-8, award of this contract will require a budget decrease in the FY 07/08 Ferry Transit Division Operating Budget in the amount of $560,000, to allow excess grant funds to be used to support another transit project. With this budget decrease, the total project budget for Contract No. 2008-FT-8 will be $1,970,000. 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, noting that Contract No. 2008-FT-8, which represents Phase I of planned improvements to the LFT parking, does not include work associated with a parking garage, but will reconfigure the existing parking lot and result in an increase of 200 legal parking spaces at the LFT. He stated that Contract No. 2008 FT-8 had a very favorable bid opening, with four competitive bids and a low bid that came in well under the Engineer’s Estimate.

Public Comment

David Hoffman, Planning Director for the Marin County Bicycle Coalition (MCBC), expressed appreciation to District staff for allowing representatives from the MCBC to be included in the planning process for Contract No. 2008-FT-8. He noted that after the completion of this project, public access to the LFT will be greatly improved.

Maureen Gaffney, Association of Bay Area Governments/San Francisco Bay Trail, also expressed appreciation to District staff for her to be included in the planning process for Contract No. 2008-FT-8, noting that the bicycle path at the LFT is part of the San Francisco Bay Trail (Bay Trail). She described the Bay Trail as a planned recreational corridor that, when complete, will encircle San Francisco and San Pablo Bays with a continuous 500-mile network of bicycling and hiking trails. She noted that improvements to the bicycle path at the LFT, combined with the future reopening of the California Park Hill tunnel between San Rafael and Larkspur, will significantly enhance bicycle and pedestrian access to the LFT.

Discussion by the Committee ensued, including the following:

  • Director Newhouse Segal made the following comments and inquiries:
    • She inquired as to whether improved bicycle parking will be part of the work associated with Contract No. 2008-FT-8. In response, Mr. Mulligan explained that the project will include reconstruction of the existing bicycle parking at the LFT, to include new U-shaped bike racks. He noted that staff worked closely with the BCDC to select the most appropriate location and type of bike racks.
    • She inquired as to whether any work associated with Contract No. 2008 FT-8 will preclude any future parking projects contemplated for the LFT, including paid parking or building a parking garage. In response, Mr. Mulligan explained that no work associated with Contract No. 2008 FT-8 would preclude the Board of Directors from making any future policy decisions regarding parking at the LFT.
  • Director Cochran inquired as to timeline for the completion of Contract No. 2008-FT-8, and whether the construction would disrupt the existing parking arrangements at the LFT. In response, Mr. Mulligan stated that the project will commence within two weeks. He noted that in accordance with U.S. Dept of Fish and Game regulations, grading activities associated with the project will have to be completed before October 15, 2008, and that it is anticipated that all construction work at the LFT will be completed in December 2008. He explained that the contractor will try to minimize impacts to current parking areas, although there will be some minor impacts during the construction period, primarily to employee parking.

Staff recommended and the Committee concurred by motion made and seconded by Directors COCHRAN/PAHRE 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 the award of Contract No. 2008-FT-8, Larkspur Ferry Terminal Parking and Access Improvements (Phase I):

  a.
Authorize the award of Contract No. 2008-FT-8 to Ghilotti Bros., Inc., San Rafael, CA, in the amount of $1,298,000 (80% Federal Transit Administration funded and 20% District funded);
  b.
Authorize a contract contingency fund in the amount of $129,800, equal to 10% of the contract award; and,
  c. Authorize the General Manager, or her designee, to execute an Agreement with the San Francisco Bay Conservation and Development Commission for compliance with permitting and amendments regarding parking and other related maintenance issues at the Larkspur Ferry Terminal; and,
  d.

Authorize a budget decrease in the FY 07/08 Ferry Transit Division Operating Budget in the amount of $560,000.

Action by the Board at its meeting of June 27, 2008 – Resolution
NON-CONSENT CALENDAR

       
  AYES (6): Chair Eddie; Directors Boro, Cochran, Newhouse Segal and Pahre; President Moylan (Ex Officio)
NOES (0): None
ABSENT (4): Vice Chair Reilly; Directors Ammiano, Hernández and Stroeh
       
3.

Approve Actions Relative to the Award of Contract No. 2009-BT-2, San Rafael Bus Facility Security Improvements, to Sonoma County Builders, Inc.

In a report to Committee, Deputy District Engineer Ewa Bauer, District Engineer Denis Mulligan and General Manager Celia Kupersmith presented staff’s recommendation to approve actions relative to the award of Contract No. 2009-BT-2, San Rafael Bus Facility Security Improvements, to Sonoma County Builders, Inc.

The report stated that the San Rafael Bus Facility is the primary location of the District’s four bus facility locations used to store, stage and maintain the District’s bus fleet. The facility property is located in an industrial area on Andersen Drive and is surrounded by various types of chain link fencing. The District’s security staff performed an evaluation of the facility’s security features and determined that security improvements were necessary to better protect the District’s assets. The District applied for and received grants from the U.S. Department of Homeland Security Transit Security Grant Program (TSGP) to construct and install physical security improvements at the facility. Contract No. 2009-BT-2 will include installing uniform security fencing around the perimeter of the property, installing access control gates and closed circuit cameras, as well as installing the associated infrastructure to support these features.

The report also stated that staff prepared the plans and specifications for Contract No. 2009-BT-2 and advertised for bids on May 20, 2008. On June 17, 2008, three bids were received and publicly read by the Secretary of the District. The report further stated that the Engineering Department staff, the DBE Programs Administrator and the Attorney evaluated the bids and concluded that the apparent responsive, responsible low bidder is Sonoma County Builders, Inc., with a bid price of $590,108.22. During the Attorney’s evaluation of Sonoma County Builders, Inc., bid, two irregularities were discovered in how the bidder classified its business and in the way the bidder completed the Buy America Certificate. These irregularities were deemed minor and it is recommended that they be waived by the District. In addition, the DBE Program Administrator determined that Sonoma County Builders, Inc., has complied with the DBE requirements applicable to this contract, although no DBE participation is anticipated during the performance of this contract.

It is recommended that Contract No. 2009-BT-2 be awarded to Sonoma County Builders, Inc., and that a contingency reserve fund be authorized in the amount of $59,010, equal to 10% of the contract amount. In addition, award of this contract will require a budget increase in the FY 07/08 Bus Transit Division Operating Budget in the amount of $624,419, to be financed by $411,119 in TSGP grant funds and $213,300 from District reserves. The total project budget for Contract No. 2009-BT-2 is $877,419 (75% TSGP grant funded and 25% District funded). 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.

Staff recommended and the Committee concurred by motion made and seconded by Directors BORO/PAHRE 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 the award of Contract No. 2009-BT-2, San Rafael Bus Facility Security Improvements:

  a.
Waive minor irregularities presented in the bid of Sonoma County Builders, Inc., and authorize the award of Contract No. 2009-BT-2 to Sonoma County Builders, Inc., Santa Rosa, CA, in the amount of $590,108.22 (75% U.S. Department of Homeland Security Transit Security Grant Program grant funded and 25% District funded);
  b.
Authorize a contract contingency fund in the amount of $59,010, equal to 10% of the contract award; and,
  c.

Authorize a budget increase in the FY 07/08 Bus Transit Division Operating Budget in the amount of $624,419, to be funded by $411,119 of Transit Security Grant Program funds and $213,300 from District reserves, subject to the concurrence of the Finance-Auditing Committee at its meeting of June 26, 2008.

Action by the Board at its meeting of June 27, 2008 – Resolution
NON-CONSENT CALENDAR

       
  AYES (6): Chair Eddie; Directors Boro, Cochran, Newhouse Segal and Pahre; President Moylan (Ex Officio)
NOES (0): None
ABSENT (4): Vice Chair Reilly; Directors Ammiano, Hernández and Stroeh
       
4.

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 June 18, 2008, meeting and the minutes of the May 21, 2008, 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, Chair Eddie, one of the members of the SMART Board of Directors (SMART Board), reported on items discussed at the June 18, 2008, meeting of the SMART Board, which included further refinements to the SMART Project Funding Plan. He stated that the SMART Board also heard a closed session report on the status of the development plans for Railroad Square in Santa Rosa. Director Pahre, another member of the SMART Board, added that at the June 18th meeting, SMART Planning Manager John Nemeth gave an interesting presentation on Quiet Zones, which are sections of a rail corridor in which trains are not required to sound their horns at grade crossings.

Action by the Board – None Required

       
5.

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

       
6.

Public Comment

Public comment was received relative to Agenda Item No. 2, above.

       
7.

Adjournment

All business having been concluded, the meeting was declared adjourned at 10:30 a.m.

       

 

Respectfully submitted,

/s/ James C. Eddie, Chair
Building and Operating Committee