May 27, 2010

 

REPORT OF THE BUILDING AND OPERATING COMMITTEE/
COMMITTEE OF THE WHOLE

 

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

Honorable Members:

A meeting of the Building and Operating Committee/Committee of the Whole was held in the Board Room, Administration Building, Toll Plaza, San Francisco, CA, on Thursday, May 27, 2010, at 10:15 a.m., Chair Eddie presiding.

Committee Members Present (8): Chair Eddie; Vice Chair Moylan; Directors Cochran, McGlashan, Newhouse Segal, Reilly and Stroeh; President Boro (Ex Officio)
Committee Members Absent (0): None
Other Directors Present (3): Directors Kerns, Pahre and Snyder

Committee of the Whole Members Present (11): Directors Cochran, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
Committee of the Whole Members Absent (8): Directors Brown, Campos, Chu, Dufty, Elsbernd, Grosboll, Sanders and Sobel

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/Bus Transit Division Teri W. Mantony; Deputy General Manager/Ferry Transit Division James P. Swindler; Deputy General Manager/Administration and Development Z. Wayne Johnson; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Patsy Whala

Visitors Present: Brian Proto, President, Arntz Builders, Inc.; Bill McFerren, President, Integra Construction Services, Inc.

     
1.

Approve Actions Relative to the Award of Contract No. 2010-BT-7, San Rafael Bus Facility Wash Rack Replacement, to Arntz Builders, Inc.

In a memorandum to Committee, Deputy District Engineer Ewa Bauer, District Engineer Denis Mulligan and General Manager Celia Kupersmith reported on staff’s recommendation to authorize award of a contract to Arntz Builders, Inc., (Arntz Builders) in the amount of $1,746,157.00, for replacement of the wash building at the San Rafael Bus Facility; and, approve all related actions.

The report stated that the existing wash building located at the San Rafael Bus Facility was built in 1972 and that the building had not received any major repairs or rehabilitation since its original construction. The project would include installation of a photovoltaic system on the roof to provide up to 7% of electric power. The report provided the details of the scope of work.

The report also stated that Contract No. 2010-BT-7 was advertised on April 13, 2010, and on May 11, 2010, six bids were received, opened and publicly read by the Secretary of the District. Staff determined that the lowest bidder, Arntz Builders, is responsive and responsible. The DBE Program Administrator has determined that Arntz Builders has complied with the Disadvantage Business Enterprise (DBE) requirements and that no DBE participation is anticipated during the performance of this contract.

The report also stated that a budget increase in the FY 09/10 Bus Transit Division Capital Budget, in the amount of $551,000.00, is required, to be funded with American Recovery and Reinvestment Act (ARRA) grant funds. The total project budget will be funded as follows: $2,447,279.00 ARRA funds, $197,175.00 Federal Transit Administration funds and $25,546.00 District Reserves. A copy of the report is available from the Office of the District Secretary and on the District’s web site.

At the meeting, Attorney David Miller stated that the District received a bid protest from Angotti & Reilly and that he will provide a recommendation to the Committee regarding disposition of the protest following presentation of the staff’s report and any public testimony concerning it.

Mr. Mulligan summarized the staff report and stated that the 40-year old wash facility has reached the end of its useful life. Mr. Mulligan described the contract’s scope of work and stated that the new wash facility will have modern green technology. Mr. Mulligan also stated that a bid protest was submitted by Angotti & Reilly with respect to the water reclamation system. He reported on the claim from Angotti & Reilly that Interclean Equipment, Inc., is the only manufacturer of a water reclamation system that will meet the District’s specifications. He noted that the water reclamation system is a performance specification, not a proprietary system specification. He advised that there are many manufacturers of water reclamation systems and that Arntz Builders has affirmed that its proposed subcontractor will provide a system that will meet the District’s requirements.

Mr. Miller recommended that the Board convene the protest proceeding and that the protester, Angotti & Reilly, be accorded the opportunity to address the Committee. Since no representatives from Angotti & Reilly came forward, Mr. Miller requested confirmation from Secretary of the District Janet Tarantino that the District notified the protester of the opportunity to address the Committee. In response, Ms. Tarantino answered in the affirmative. Mr. Miller requested that the awardee, Arntz Builders, be accorded the opportunity to address the Committee.

Brian Proto, President, Arntz Builders addressed the Committee and stated that he will fully comply with the specifications for the water reclamation system.

In conclusion, Mr. Miller recommended that the bid protest be rejected explaining that it is quite common in construction contracts for requests for substitutions be granted after award of contract. Mr. Miller clarified that the substitution does not require pre-approval as with an approved equals request for materials and supplies contracts. He stated that, given the comments from Mr. Milligan and Mr. Proto, and given the protections under the contract, there are grounds for the Committee to reject the bid protest.

A motion was made by Director STROEH and seconded by Director COCHRAN to reject the bid protest submitted by Angotti & Reilly on its merits regarding staff’s recommendation to authorize award of a contract to Arntz Builders, Inc., relative to Contract No. 2010-BT-7, San Rafael Bus Facility Wash Rack Replacement.

Unanimously Carried

Discussion ensued, including the following comments and inquiries:

  • Director Snyder inquired as whether the bid proposal submitted by Arntz Builders will be in compliance with the District’s specifications for the water reclamation system. In response, Mr. Mulligan answered in the affirmative and stated that Arntz Builders has affirmed that they will comply with the specifications.

Staff recommended and the Committee concurred by motion made and seconded by Directors STROEH/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 actions relative to Contract No. 2010-BT-7, San Rafael Bus Facility Wash Rack Replacement, as follows:

  a. Reject the bid protest submitted by Angotti & Reilly, on its merits;
  b. Authorize award of Contract No. 2010-BT-7, to Arntz Builders, Inc., Novato, CA, in the amount of $1,746,157;
  c. Authorize a construction Contingency Fund, in the amount of $174,615.00, equal to 10% of the contract award;
  d. Authorize a budget increase in the FY 09/10 Bus Division Capital Budget in the amount of $551,000.00, to be funded with American Recovery and Reinvestment Act (ARRA) funds, subject to the concurrence of the Finance-Auditing Committee at its meeting of May 28, 2010; and,
  e. Establish a total Project budget of $2,670,000.00;
 

with the understanding that funds for this Project are included in the FY 09/10 Bus Transit Division Capital Budget.

Action by the Board at its meeting of May 28, 2010 – Resolution
NON-CONSENT CALENDAR

AYES (11): Directors Cochran, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None

     
2.
Approve Actions Relative to the Award of Contract No. 2010-FT-13, San Francisco Ferry Terminal Restrooms Accessibility Modifications, to Integra Construction Services, Inc.
     
  a. Staff Report
 

In a memorandum to Committee, Deputy District Engineer Ewa Bauer, District Engineer Denis Mulligan and General Manager Celia Kupersmith reported on staff’s recommendation to authorize award of a contract to Integra Construction Services, Inc. (Integra Construction), in the amount of $124,352.00, to improve access to the paid waiting area restrooms at the San Francisco Ferry Terminal; and, approve all related actions.

The report described the existing conditions of the San Francisco Ferry Terminal (SFFT) and outlined the work necessary to improve restroom access for SFFT passengers. Contract No. 2010-FT-13 was advertised on April 6, 2010, and on May 11, 2010, ten bids were received, opened and publicly read by the Secretary of the District. Staff determined that the lowest bidder, Integra, is responsive and responsible. The DBE Program Administrator has determined that Integra Construction has complied with the Disadvantage Business Enterprise (DBE) requirements and, at this time, a 24.8% DBE participation is anticipated during the performance of this contract.

The report stated that a budget decrease in the FY 09/10 Ferry Transit Division Capital Budget, in the amount of $87,700.00, is required, subject to the concurrence of the Finance-Auditing Committee at its meeting of May 28, 2010. The Project will be funded with Federal Transit Administration funds in the amount of $148,686.00, and Public Transportation Modernization, Improvement and Service Enhancement Account funds in the amount of $171,314.00. A copy of the staff report is available in the Office of the District Secretary and on the District’s web site.

At the meeting, Mr. Mulligan summarized the staff report and provided an overview of the work outlined in the bid specifications that addresses various laws and societal expectations. Mr. Mulligan stated that the restrooms located in the SFFT do not comply with current building code with respect to accessibility for persons with disabilities. In addition, he reported that Integra Construction’s bid contained a mathematical error which was corrected by Ms. Tarantino in accordance with the District’s policy, which is outlined in the bid specifications.

Bill McFerren, stated that his company submitted a bid for Contract No. 2010-FT-13, San Francisco Ferry Terminal Restrooms Accessibility Modifications. Mr. McFerren acknowledged that his bid contained an error, as he did not check the prices listed for each line item. He stated that his company works on a five percent profit margin and appealed to the Committee to accept the original total bid price of $128,000.00, instead of the corrected amount of $124,352.00. In response, Mr. Miller stated that, in accordance with California Public Contract Code and the District’s procurement rules, there is a legal impediment to granting the relief requested by Mr. McFerren. Mr. Miller advised that relief can be granted only in two ways: 1); the bidder may make a formal request to withdraw a bid containing clerical error; or, 2) the bidder may agree to live with the total bid price as corrected.

Mr. McFerren expressed his concerns that the District would apply damages to the Bidder’s Bond if he withdrew his bid. In response, Mr. Miller stated that the decision to apply damages to the Bidder’s Bond is a discretionary matter. Mr. McFerren requested that the Committee allow him a few days to make a final decision. Ms. Kupersmith confirmed that a delay will not have an adverse affect on the grant funding; however, staff’s recommendation for award of the contract will likely be presented to a different Committee in order to keep the process moving forward in a timely manner.

     
  b. Board Discussion
 

Discussion ensued, including the following inquiry:

  • Director Cochran made the following inquiries:
    • He inquired as to which company would be awarded the contract if Integra Construction withdrew its bid. In response, Mr. Mulligan stated that it would go to the next lowest bidder.
    • He inquired as to whether a delay in proceeding with the award of the contract will have any affect on the bid quotes. In response, Mr. Mulligan stated that there is language in the bid specifications that states bids are irrevocable for ninety days after the bid opening date.
     
  c. Action by the Board
 

A motion was made by Director COCHRAN and seconded by Director STROEH to continue the item for two weeks, and that the staff recommendation relative to this award will be placed on the Finance-Auditing Committee agenda for discussion at its June 10, 2010 meeting.

Unanimously Carried

     
3.

Authorize Award of Contract No. 2010-FT-17, Battery System Improvements for Spaulding Ferries, to Dahl-Beck Electric

In a memorandum to Committee, Marine Superintendant/Ferry Transit Division Gregory Hansard, Deputy General Manager/Ferry Transit Division James Swindler and General Manager Celia Kupersmith reported on staff’s recommendation to authorize the award of a contract to Dahl-Beck Electric, in the amount of $157,365.00, to perform 24-volt battery system improvements to the three Spaulding Class vessels necessary for continued safe, uninterrupted passenger service.

The report stated that Contract No. 2010-FT-17 was advertised on April 13, 2010, and on May 11, 2010, a sole bid was received, opened and publicly read by the Secretary of the District. Staff determined that the sole bidder, Dahl-Beck Electric, is responsive and responsible. The DBE Program Administrator has determined that Dahl-Beck Electric has complied with the Disadvantage Business Enterprise (DBE) requirements and that no DBE participation is anticipated during the performance of this contract.

The report also stated that work on the ferries will not interrupt regularly scheduled service. The report noted that work may be done concurrently on all three ferries, which will begin within fifteen days from the issuance of a Notice to Proceed and is estimated to be completed by October 1, 2010.

This project is included in the FY 09/10 Ferry Transit Division Capital Budget at a total cost of $180,000, and is funded with, $144,000.00 Federal Transit Administration funds and $36,000.00 District Reserves.

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. 2010-FT-17, Battery System Improvements for Spaulding Ferries, to Dahl-Beck Electric, Richmond, CA, in the amount of $157,365.00, including all Category A items and select Category B items; with the understanding that requisite funds are available in the FY 09/10 Ferry Transit Division Capital Budget.

Action by the Board at its meeting of May 28, 2010 – Resolution
NON-CONSENT CALENDAR

AYES (11): Directors Cochran, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None

     
4.

Approve Actions Relative to the Award of Contract No. 2010-FT-18, Larkspur Ferry Terminal Berths and Channel Maintenance Dredging, to Dutra Dredging Company

In a memorandum to Committee, Deputy District Engineer Ewa Bauer, District Engineer Denis Mulligan and General Manager Celia Kupersmith reported on staff’s recommendation to authorize award of a contract to Dutra Dredging Company, in the amount of $6,339,955.00, for maintenance dredging of the berthing basin, navigational channel and turning basin at the Larkspur Ferry Terminal and disposal of the dredge material at in-bay and deep ocean disposal locations; and, approve all related actions.

The report stated that the Larkspur Ferry Terminal (LFT) berthing basin, turning basin and navigational channel require periodic maintenance dredging every three years to remove sediments that accumulate in the waterway from natural sedimentation processes associated with runoff from the adjacent Corte Madera Creek and wind and wave action in the adjacent tidal flats and the San Francisco Bay. The berthing basin was last dredged in 2004; the channel and turning basin were last dredged in 2006. The berth dredging was postponed in 2008 and again in 2009 because the bathymetric surveys indicated that the amount of sedimentation in the berth areas did not warrant dredging in those years. Staff determined that the channel and berths dredging could be combined for the 2010 maintenance cycle.

The report also stated that Contract No. 2010-FT-18 was advertised on April 6, 2010, and following outreach to nine potential dredging firms and a pre-bid conference, a sole bid was received, opened and publicly read by the Secretary of the District on May 11, 2010. Staff determined that the sole bidder, Dutra Dredging Company, is responsive and responsible. The DBE Program Administrator has determined that Dutra Dredging Company has complied with the Disadvantage Business Enterprise (DBE) requirements and that no DBE participation is anticipated during the performance of this contract.

The report further stated that a budget decrease in the FY 09/10 Ferry Transit Division Capital Budget, in the amount of $5,803,000.00, is required. The LFT Berths Dredging Project is funded with $1,706,400.00 federal funds, and $426,600.00 District Reserves, while the LFT Channel Dredging Project is funded with $10,720,000.00 federal funds and $2,680,000.00 District Reserves. The recommended Contingency Fund in the amount of $950,993.00, which equals fifteen percent of the contract, is considered appropriate due to potential unknowns associated with underwater work, as well as potential conflicts with a concurrent adjacent upstream dredging project at the Larkspur Marina. In addition, new federal regulations for a protected fish—the green sturgeon—are expected to be issued this summer during construction, and may affect the length of the dredging season and certain dredging practices. A copy of the report is available from the Office of the District Secretary and on the District’s web site.

Staff recommended and the Committee concurred by motion made and seconded by Directors KERNS/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 approve actions relative to Contract No. 2010-FT-18, Larkspur Ferry Terminal Berths and Channel Maintenance Dredging, as follows:

  a.
Authorize award of Contract No. 2010-FT-18, to Dutra Dredging Company, San Rafael, CA, in the amount of $6,339,955.00;
  b.
Authorize a construction Contingency Fund, in the amount of $950,993.00, equal to 15% of the contract award;
  c.
Authorize a budget decrease in the FY 09/10 Ferry Transit Division Capital Budget in the amount of $5,803,000.00, subject to the concurrence of the Finance-Auditing Committee at its meeting of May 28, 2010; and,
  d.
Establish a total Project budget of $9,730,000.00;
 

with the understanding that funds for this Project are included in the FY 09/10 Ferry Transit Division Capital Budget.

Action by the Board at its meeting of May 28, 2010 – Resolution
NON-CONSENT CALENDAR

AYES (10): Directors Cochran, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre and Snyder; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None
ABSTAIN (1): Director Stroeh

     
5.

Approve Actions Relative to Contract No. 2009-BT-3, San Rafael Data Center, with Sonoma County Builders, Inc.

In a memorandum to Committee, Deputy District Engineer Ewa Bauer, District Engineer Denis Mulligan and General Manager Celia Kupersmith reported on staff’s recommendation to approve an increase in the construction Contingency Fund from $135,264.00 to $250,000.00, and authorize the General Manager to approve change orders up to the maximum Contingency Fund amount, relative to Contract No. 2009-BT-3, San Rafael Data Center, with Sonoma County Builders, Inc (Sonoma County Builders).

The report stated that the Board of Directors, by Resolution No. 2009-025 at its meeting of March 27, 2009, authorized the award of Contract No. 2009-BT-3 to Sonoma County Builders for the replacement of the existing server room, which has neither space nor electrical power capacity for upgrades, with a new data center building located at the San Rafael Bus Facility.

The report also stated that, during construction, staff discovered that there were missing items which required additional work or modifications to the work in order for the Data Center to function properly. The staff report outlined the changes and modifications. The cost to implement the identified changes is estimated to be $250,000.00 which exceeds the 10% amount of funds authorized for the construction Contingency Fund but will not result in an increase to the total Project budget.

The staff report further stated that this Project is included in the FY 09/10 Bus Transit Division Capital Budget, at a total cost of $2,451,850.00, and is funded with $1,600,000.00 State I-Bond funds, $680,000.00 Federal Transit Administration funds and $171,850.00 District Reserves. A copy of the report is available from the Office of the District Secretary and on the District’s web site.

Staff recommended and the Committee concurred by motion made and seconded by Directors STROEH/KERNS 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 actions relative to Contract No. 2009-BT-3, San Rafael Data Center, with Sonoma County Builders, Inc., as follows:

  a. Approve an increase in the construction Contingency Fund from $135,264.00 which is equal to 10% of the contract award, to $250,000.00, which is equal to 15% of the contract award, to be funded with savings from the reduction in the indirect cost rate and other savings from within the original project budget; and,
  b. Authorize the General Manager to approve change orders to Contract No. 2009-BT-3, up to the maximum Contingency Fund amount, with the understanding that any individual change order exceeding $50,000.00 requires the concurrence of the President of the Board, and the Building and Operating Committee Chair;
 

with the understanding that funds for this Project are included in the FY 09/10 Bus Transit Division Capital Budget.

Action by the Board at its meeting of May 28, 2010 – Resolution
NON-CONSENT CALENDAR

AYES (11): Directors Cochran, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None

     
6.

Approve Actions Relative to Contract No. 2010-FT-10, Installation of New Propulsion System for Re-Powering and Dry-Docking of the M.V. Del Norte, with Ice Floe, LLC, dba Nichols Brothers Boat Builders

In a memorandum to Committee, Marine Projects Manager/Ferry Transit Division Christian Stark, Deputy General Manager/Ferry Transit Division, James Swindler and General Manager Celia Kupersmith reported on staff’s recommendation to authorize execution of change orders, and authorize a budget increase relative to Contract No. 2010-FT-10, Installation of New Propulsion System for Re-Powering and Dry-Docking of the M.V. Del Norte. The report noted that work on the M.V. Del Norte is nearing completion, with delivery anticipated by the end of June 2010.

The report stated that the Board of Directors, by Resolution No. 2009-078 at its meeting of September 25, 2009, authorized the award of Contract 2010-FT-10 to Ice Floe, LLC, dba Nichols Brothers Boat Builders (Nichols Brothers) and authorized the General Manager to approve change orders up to the maximum Contingency Fund, with any change order over $50,000.00 requiring the concurrence of the President of the Board and the Building and Operating Committee Chair.

The report also stated that the Board of Directors, by Resolution No. 2010-031 at its meeting of April 23, 2010, approved three change orders for work related to the overhaul of M.V. Del Norte’s waterjets and replacement of its radar system. In addition, change orders are recommended to cover the costs of unanticipated work that was identified while the ferry was drydocked, along with work that was deemed necessary for maximum safety, and work that was identified by the U.S. Coast Guard inspection. In order to fund these change orders, pay all required sales tax and leave a sufficient amount available for possible remaining change order items that may occur during final commissioning, additional funds in the amount of $250,000.00 must be added to the Contingency Fund.

The staff report further stated that a budget increase in the FY 09/10 Ferry Transit Division Capital Budget, in the amount of $250,000.00, is required, to be funded with District Reserves. This Project is included in the FY 09/10 Ferry Transit Division Capital Budget will be funded as follows: $3,162,142.00 Carl Moyer grant funds, $2,630,858.00 Federal Transit Administration grant funds and $282,000 District Reserves.

Staff recommended and the Committee concurred by motion made and seconded by Directors STROEH/KERNS 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 actions relative to Contract No. 2010-FT-10, Installation of New Propulsion System for Re-Powering and Dry-Docking of the M.V. Del Norte, as follows:

  a. Authorize execution of Change Orders Nos. 5, 6, 9, 12, 16, 17, 23, 24, 27, 29, 30, 31, 32, and 34, relative to Contract No. 2010-FT-10, with Ice Floe, LLC, dba Nichols Brothers Boat Builders, in the amount of $177,619.60;
  b. Authorize a budget increase in the FY 09/10 Ferry Transit Division Capital Budget for the Del Norte Repower project in the amount of $250,000.00, for a total project budget of $6,075,000, to be funded from District reserves, subject to the concurrence of the Finance-Auditing Committee at its meeting of May 28, 2010; and,
  c. Establish a total Project budget of $6,075,000.00;
 

with the understanding that funds for this Project are included in the FY 09/10 Ferry Transit Division Capital Budget.

Action by the Board at its meeting of May 28, 2010 – Resolution
NON-CONSENT CALENDAR

AYES (11): Directors Cochran, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None

     
7.

Approve Actions Relative to the Professional Services Agreement with Marine Systems Corporation Regarding Request for Proposals No. 2009-FT-10, Engineering and Detailed Design Services for the Refurbishment of the M.V. Snohomish (M.V. Napa) and the M.V. Chinook (M.V. Golden Gate) Ferries, for Additional Consultant Services

In a memorandum to Committee, Marine Projects Manager/Ferry Transit Division Christian Stark, Deputy General Manager/Ferry Transit Division James Swindler and General Manager Celia Kupersmith reported on staff’s recommendation to authorize Amendments to the Professional Services Agreement with Marine Systems Corporation, in an amount not to exceed $65,000.00, for additional consultant services; and, authorize an increase in the Contingency Fund in the amount of $65,000.00, for a total Contingency Fund of $154,000.00, relative to Request for Proposals No. 2009-FT-10, Engineering and Detailed Design Services for the Refurbishment of the M.V. Snohomish (M.V. Napa) and the M.V. Chinook (M.V. Golden Gate) Ferries.

The report stated that the Board of Directors (Board), by Resolution No. 2009-038 at its meeting of April 24, 2009, awarded RFP No. 2009-FT-10 to Marine Systems Corporation (MSC). On December 18, 2009, the Board of Directors authorized execution of Amendment No. 1 and approved an increase in the Project budget to $635,000.00, to account for the expansion in the scope of work covered in that Amendment.

Consequently, the Board, by Resolution No. 2010-026 at its meeting of March 26, 2010, awarded Contract No. 2010-FT-1, Refurbishment of the M.V. Napa and the M.V. Chinook Ferries, to Nichols Brothers. Initial meetings with Nichols Brothers indicated that equipment will need to be replaced and advised that the District address these issues early in the project to avoid costly change orders. In order to facilitate the newly contemplated work by Nichols Brothers, some additional design engineering work is required of MSC at the same hourly rates set forth in its original Agreement.

The staff report also stated that an increase in the Contingency Fund in the amount of 65,000.00, is required, for a total Contingency Fund of $154,000.00. This Project is included in the FY 09/10 Ferry Transit Division Capital Budget and will be funded as follows: $8,566,469.00 ARRA funds, $9,920,000.00 Federal Transit Administration funds, $2,116,322.00 State I-Bond funds, and $2,807,209 District Reserves. Sufficient funds are available to support the increase in Contingency Fund.

Staff recommended and the Committee concurred by motion made and seconded by Directors STROEH/KERNS 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 actions relative to Request for Proposals (RFP) No. 2009-FT-10, Engineering and Detailed Design Services for Refurbishment of the M.V. Snohomish (M.V. Napa) and M.V. Chinook (M.V. Golden Gate) Ferries , as follows:

  a. Authorize the General Manager to execute amendments to the Professional Services Agreement with Marine Systems Corporation, in an amount not to exceed $65,000, for additional consultant services;
  b. Authorize an increase in the Contingency Fund in the amount of $65,000.00, for a total contingency of $154,000.00; and,
  c. Establish a total Project budget of $700,000.00;
 

with the understanding that requisite funds are available in the FY 09/10 Ferry Transit Division Capital Budget.

Action by the Board at its meeting of May 28, 2010 – Resolution
NON-CONSENT CALENDAR

AYES (11): Directors Cochran, Kerns, McGlashan, Moylan, Newhouse Segal, Pahre, Snyder and Stroeh; Second Vice President Eddie; First Vice President Reilly; President Boro
NOES (0): None

     
8.

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

The Committee was provided with a copy of the agenda items and staff reports for the April 21, 2010, Sonoma Marin Area Rail Transit (SMART) District Board Meeting; May 5, 2010, SMART Executive Committee Meeting; May 5, 2010, SMART Real Estate and Project Development Committee Meeting Cancellation Notice; May 12, 2010 SMART Operations Committee Meeting Cancellation Notice; and, May 19, 2010 SMART District Board Meeting. 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 members of the SMART Board of Directors (SMART Board), made the following statements:

  • She reported on the meeting of May 19, 2010, in which the SMART Board approved a six-month extention on the deadline for receiving proposals for rail cars in order to give the manufacturers additional time for production. She noted that the extension will not affect project’s timeline.
  • She talked about Value Engineering process, which places a value on each of the Engineering items and performs a detailed cost analysis to determine accuracy.
  • She discussed the positive work that is being done by the Engineers and staff in regard to station planning.
  • She reported that the SMART Board appointed Peter Breen to the Citizens Advisory Committee, who served on the SMART Board until he was unseated as Mayor of San Anselmo. She stated that Julia Violich was appointed as an alternate.

Director McGlashan, one of the members of the SMART Board made the following statements:

  • He commented that the Citizens Advisory Committee will benefit with the alternate, because she will be attending meetings that other Committee members may not be able to attend. He also commented on Ms. Violich’s experience.

Director Eddie, one of the members of the SMART Board made the following statements:

  • He commented on a newspaper article in the Press Democrat on May 25, 2010, regarding SMART’s getting $28 million in state funds. In addition, Ms. Kupersmith stated that the SMART Board has been expecting these funds to purchase land for a maintenance facility and stations, as well as for Engineering and design work.

President Boro, one of the members of the SMART Board made the following statements:

  • He stated that the SMART Board has some employment opportunities, including the positions of Controller, Clerk of the Board, Office Manager and Office Clerk. He noted that there are funds in the SMART Board budget for these positions.

Action by the Board – None Required

     
9.

Status Report on Engineering Projects

In a memorandum to Committee, Deputy District Engineer Ewa 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. Mr. Mulligan stated that today marks the 73rd Anniversary of the opening of the Golden Gate Bridge. In addition, Ms. Kupersmith stated that the District has been contacted by the Metropolitan Transportation Commission (MTC) relative to their interest in finding funds for the final Engineering and design work associated with the Physical Suicide Deterrent System Project (Project). Ms. Kupersmith pointed out that this is a $5 million Project. She noted that District staff is communicating with the MTC staff to discuss options and that the District may receive funds within the next few months to proceed with the Project.

Discussion ensued, including the following comments and inquiries:

  • President Boro requested clarification on whether funds had previously been earmarked by MTC for the Project. In response, Mr. Mulligan stated that the MTC provided $1.8 million to the District for the first part of the Project, which was the original environmental and preliminary design work. In addition, Ms. Kupersmith stated that the MTC has expressed interest in providing funds for the second part of the Project, which is the final engineering and design work.
  • Director Pahre commented on an article in the newspaper that the State Coastal Conservancy will be discontinuing the Golden Gate Bridge license plate campaign due to lack of public interest. In response, Ms. Kupersmith stated that the State required 7,500 orders for the specialized license plates; however, only 550 orders were received. Ms. Kupersmith also stated that the proceeds are used for parks, wildlife and environmental restoration projects in the Bay Area. She talked about how the State Coastal Conservancy expressed interest in partnering with the District on certain projects and gave approval that the District apply for grant funds. Consequently, she noted that the District has been awarded $400,000.00 for the refurbishment of the public restrooms in the east parking lot. She also noted that the District will continue to apply for funding through the State Coastal Conservancy.
  • Director Moylan inquired as to the status of the Moveable Median Barrier Project. In response, Mr. Mulligan stated the Moveable Median Barrier Project is in its environmental process and anticipates finalization of the environmental process later this calendar year. Mr. Mulligan noted that the MTC programmed $20 million for construction; however, those funds will not be available until 2012.

Action by the Board – None Required

     
10.

Public Comment

Public comment was received relative to Agenda Item No. 2, Approve Actions Relative to the Award of Contract No. 2010-FT-13, San Francisco Ferry Terminal Restrooms Accessibility Modifications, to Integra Construction Services, Inc., as noted above.

     
11.

Adjournment

All business having been concluded, the meeting was declared adjourned at 11:10 a.m.

     

 

Respectfully submitted,

s/ James C. Eddie, Chair

Building and Operating Committee