June 23, 2011

 

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, CA, on Thursday, June 23, 2011, at 10:00 a.m., Acting Chair and Vice Chair Moylan presiding.

Committee Members Present (6): Acting Chair and Vice Chair Moylan; Directors Cochran, Rabbitt, Renée, Stroeh and Theriault
Committee Members Absent (2): Chair Eddie; President Reilly (Ex Officio)
Other Directors Present (3): Directors Boro, Grosboll and Sobel

Staff Present: General Manager Denis Mulligan; District Engineer Ewa Bauer; Auditor-Controller Joseph Wire; Secretary of the District Janet Tarantino; Attorney David Miller; Deputy General Manager/Bridge Division Kary Witt; Deputy General Manager/Bus Transit Division Teri Mantony; Property Development and Management Specialist Norma Jellison; Senior Board Analyst Elizabeth Eells; Assistant Clerk of the Board Lona Franklin

Visitors Present: None

 

     
1.

Authorize Execution of a Professional Services Agreement with HNTB Corporation Relative to Request for Proposals No. 2011-B-2, Design Services for the Golden Gate Bridge Physical Suicide Deterrent System

In a memorandum to Committee, Deputy District Engineer John Eberle, District Engineer Ewa Bauer and General Manager Denis Mulligan reported on staff’s recommendation to authorize execution of a Professional Services Agreement (Agreement) with HNTB Corporation (HNTB), relative to Request for Proposals No. 2011-B-2, Design Services for the Golden Gate Bridge Physical Suicide Deterrent System (RFP No. 2011-B-2), in the amount of $3,990,000.00, and approve all other related actions.

The staff report stated the Board of Directors (Board), by Resolution No. 2010-15 at its meeting of February 12, 2010, certified the Final Environmental Impact Report for the Golden Gate Bridge Physical Suicide Deterrent System (Project), thereby designating Alternative 3, the Net System, as the Preferred Alternative for the Project. The Metropolitan Transportation Commission (MTC), by its Resolution No. 3925 Revised, has provided $5 million of the Federal Surface Transportation Program grant funds to the District for preventive maintenance of the District’s bus fleet in exchange for the District transferring $5 million from the Bus Transit Division’s Operating Budget to fund the final design of the Project. The Board, by Resolution No. 2010-068 at its meeting of August 13, 2010, approved corresponding actions that included adding the final design of the Project to the FY 10/11 Bridge Division Capital Budget, with a budget of $5 million, and authorizing a release of a Request for Statement of Qualifications and Proposals (RFQ/RFP) to select an engineering consultant for the design.

The staff reported also stated the District issued the RFQ/RFP on August 13, 2010, and, received four responsive proposals by the due date of September 21, 2010, from the following: 1) HNTB, 2) HDR Engineering, Inc., 3) PB Americas, Inc., dba Parsons Brinckerhoff, and, 4) AECOM USA Inc. An Evaluation Committee (Committee) reviewed the proposals, applying evaluation criteria set forth in the RFQ/RFP, and determined that HNTB is best qualified to perform the required services. Staff has determined that the negotiated not-to-exceed price of $3,990,000.00, is commensurate with the scope of services requested by the District

Furthermore, the staff report stated that the District’s Disadvantaged Business Enterprise Program Administrator has determined that HNTB has complied with the Underutilized Disadvantaged Business Enterprise (UDBE) requirements applicable to the Agreement, and that, at this time, a 5.7% UDBE participation is anticipated during the performance of these services. 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, Ms. Bauer briefly summarized the staff report and was available for questions.

Discussion ensued, including the following comments and inquiries:

  • Director Rabbitt made the following inquiries:
    • He inquired about the criteria for selecting HNTB. In response, Ms. Bauer stated that the documents for RFP No. 2011-B-2 detail the criteria, which include: 1) proposed approach to the project; 2) qualifications of the company and staff, including prior experience redesigning steel bridges; 3) and, demonstrated understanding of the scope of services of the Project. The Committee, which included members of the District Engineer’s office and the California Department of Transportation (Caltrans), reviewed and ranked the proposals. The Committee interviewed the top-ranked proposers; each Committee member’s rankings were reconciled; and, the Committee’s recommendation was presented to the District Engineer for review. She concluded by reporting that HNTB received the highest scores.
    • He inquired about the length of time between the design and construction of the Project. In response, Ms. Bauer stated that there can be issues that arise if design plans are not implemented within a year of development, stating that they may require a review and some administrative changes. Mr. Mulligan stated that it is the District’s responsibility to get the Project ready for construction and that the Advocates are hard at work to secure the funding. In conclusion, he stated that when the funding becomes available, then the District can take the appropriate steps to begin Project construction.
  • Director Renée made the following inquiries:
    • She inquired as to the status of the pre-audit performed by the California Department of Transportation (Caltrans). In response, Ms. Bauer stated that one of the conditions of the Federal Highway Administration funding is to have Caltrans conduct a pre-award audit. This audit must be done before the Notice to Proceed is issued. The District has emphasized to Caltrans the importance of a speedy pre-audit.
    • She inquired as to whether the Golden Gate Bridge’s landmark status would help the District obtain Federal funding. In response, Ms. Bauer stated that the National Historic Landmark work is one of the conditions of the Environmental Impact Report (EIR); and as a result, the District is obligated to comply. The landmark status does not influence Federal funding.

Staff recommended and the Committee concurred by motion made and seconded by Directors STROEH/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 approves actions relative to Request for Proposals No. 2011-B-2, Design Services for the Golden Gate Bridge Physical Suicide Deterrent System, as follows:

  a. Authorizes execution of a Professional Services Agreement (Agreement) with HNTB Corporation, Oakland, CA, in an amount not to exceed $3,990,000.00, contingent upon receiving Federal Highway Administration and California Department of Transportation approvals of the Agreement; and,
  b. Establishes a Contingency Fund in the amount of $200,000.00;
 

with the understanding that requisite funds are available in the FY 11/12 Bridge Division Capital Budget.

Action by the Board at its meeting of June 24, 2011 – Resolution
NON-CONSENT CALENDAR

AYES (9): Directors Boro, Cochran, Grosboll, Moylan, Rabbitt, Renée, Sobel, Stroeh and Theriault
NOES (0): None

     
2.

Authorize Execution of a Fourth Amendment to the Professional Services Agreement with Booz Allen Hamilton, Inc., Relative to Request for Proposals No. 2007-FT-2, Consultant to Provide Technical Specifications for Golden Gate Ferry Fare Equipment

In a memorandum to Committee, Director of Budget and Program Analysis Jennifer Mennucci, Deputy General Manager/Ferry Transit Division James Swindler, Auditor-Controller Joseph M. Wire and General Manager Denis Mulligan reported on staff’s recommendation to authorize execution of a Professional Services Agreement (Agreement) with Booz Allen Hamilton, Inc. (Booz Allen), relative to Request for Proposals No. 2007-FT-2, Consultant to Provide Technical Specifications for Golden Gate Ferry Fare Equipment, to provide design and implementation services for an automated fare gates and ticketing system for the Golden Gate Ferry system. The Board of Directors (Board), by Resolution No. 2010-017 at its meeting of February 26, 2010, authorized the Third Amendment to the Agreement with Booz Allen, for support services for the design, procurement and implementation of the electronic ticket vending machines. The electronic ticket vending machines are fully operational, having gone live as of April 11, 2011.

The staff report stated that Booz Allen will assist the District in managing the technical implementation of necessary improvements to the electronic ticket vending machines, to be completed during the next year. The Fourth Amendment to the Agreement will extend the time of performance, update the hourly billing rate and increase the necessary hours and corresponding budget to allow for implementation oversight. The consultants at Booz Allen have submitted a proposal for the necessary work, and staff has determined that the hourly rates and anticipated level of effort proposed are reasonable. A copy of the report is available in 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/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 authorizes execution of a Fourth Amendment to the Professional Services Agreement with Booz Allen Hamilton, Inc., San Francisco, CA, relative to Request for Proposals No. 2007-FT-2, Consultant to Provide Technical Specifications for Golden Gate Ferry Fare Equipment, in an amount not to exceed $99,910.00, for continued support of the design, procurement and implementation of the electronic ticket vending machines, with the understanding that requisite funds are available in the FY 11/12 Ferry Transit Division Capital Budget.

Action by the Board at its meeting of June 24, 2011 – Resolution
NON-CONSENT CALENDAR

AYES (9): Directors Boro, Cochran, Grosboll, Moylan, Rabbitt, Renée, Sobel, Stroeh and Theriault
NOES (0): None

   
3.

Authorize Execution of a License Agreement with C&C Equipment Company for Communication Equipment at Big Rock Ridge

In a memorandum to Committee, Property Development and Management Specialist Norma Jellison, Director of Planning Ron Downing, Deputy General Manager Teri Mantony and General Manager Denis Mulligan reported on staff’s recommendation to authorize execution of a License Agreement with C&C Equipment Company in Kenwood, CA, for communication equipment at Big Rock Ridge. Since 1994, the Golden Gate Bridge, Highway and Transportation District’s (District) microwave and radio antennas, and associated equipment, have been situated at the Big Rock Ridge tower site, located in central Marin County on a ridge between Lucas Valley/Marinwood and Ignacio above the U.S. Highway 101 Corridor, and owned by Hill Ranch Properties, administered by C&C Equipment Company (C&C) and maintained by Accord Communications. District-related equipment at this site includes bus radio communications equipment, as well as data, telephone and other communications systems, and no alternative site is available that gives the District a comparable coverage area, as required by its communication systems. A new microwave and radio antennae and related equipment, associated with the Advanced Communication and Information Systems (ACIS) Project approved by the District Board of Directors (Board) in 2006, will be installed at the Big Rock Ridge tower site. The existing License Agreement (Agreement) with C&C was analyzed to ascertain whether a new or amended Agreement would be required, and a new Agreement was determined to best serve both the District and C&C. 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, Ms. Jellison briefly summarized the staff report, stating that, as requested by the Board, staff provided historical information about the reasons why this Agreement is necessary.

Staff recommended and the Committee concurred by motion made and seconded by Directors COCHRAN/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 hereby authorizes the execution of a new License Agreement with C&C Equipment Company, Kenwood, CA, for installation of new communications equipment, site rental and utility costs at Big Rock Ridge, which site is located in central Marin County on a ridge between Lucas Valley/Marinwood and Ignacio above the U.S. Highway 101 Corridor, owned by Hill Ranch Properties and maintained by Accord Communications, at a monthly rent of $2,525.00 per month, subject to an annual cost escalator of 2.5%, and an electric use allowance fee of $700.00 per month for the first year, subject to adjustment based on actual use and Pacific, Gas & Electric rates, for a five-year base term, with three five-year options, effective July 1, 2011, with the understanding that the annual cost has been included in the FY 11/12 District Division and Bus Transit Division Operating Budgets, and that requisite funds for the remaining fiscal years will be included in the District Division and Bus Transit Division Operating Budgets accordingly.

Action by the Board at its meeting of June 24, 2011 – Resolution
NON-CONSENT CALENDAR

AYES (9): Directors Boro, Cochran, Grosboll, Moylan, Rabbitt, Renée, Sobel, Stroeh and Theriault;
NOES (0): None

 


4.

Authorize Execution of Leases with Loukas Papanastasiou for Café Salute and BusBoat at the San Rafael C. Paul Bettini Transportation Center

In a memorandum to Committee, Property Development and Management Specialist Norma Jellison, Director of Planning Ron Downing, Deputy General Manager Teri Mantony and General Manager Denis Mulligan reported on staff’s recommendation to authorize execution of two leases with Loukas Papanastasiou for Café Salute and BusBoat at the San Rafael C. Paul Bettini Transportation Center. In 1992, the Golden Gate Bridge, Highway and Transportation District (District) completed construction of the C. Paul Bettini Transportation Center, also known as the San Rafael Transit Center (SRTC), located in downtown San Rafael, bounded by Hetherton, Third, Tamalpais and Second Streets. The SRTC is the primary transit center in Marin County.

The staff report stated Café Salute located at 890 Tamalpais at the 3rd Street corner, and BusBoat located at 800 Tamalpais at the 2nd Street corner, each occupy two separate 208-square-foot buildings at the SRTC, where food and beverages are sold, as well as Marin Transit value cards and passes and Sonoma Airporter tickets. The District has leased the Café Salute space to Loukas Papanastasiou since February 1, 2002, and has leased the BusBoat space to Loukas Papanastasiou since August 15, 2004.

The staff report also stated Loukas Papanastasiou has requested new lease terms for each of the two buildings, with matching effective dates and terms, and a fair market rental amount, to allow the lessee to secure financing to remodel both spaces. The District has secured a fair market rent appraisal of the SRTC rentable spaces. 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, Ms. Jellison briefly summarized the staff report, stating that Loukas Papanastasiou has requested new lease terms to allow the lessee to secure financing to remodel both spaces, and further stated that the District has secured a fair market rent appraisal of the SRTC rentable spaces.

Staff recommended and the Committee concurred by motion made and seconded by Directors STROEH/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 hereby authorizes the execution of leases with Loukas Papanastasiou for the use of the two buildings located at the District’s C. Paul Bettini Transportation Center in San Rafael, CA, for the operation of Café Salute and BusBoat, each at $880.00 per month, for a base term of five years, with two three-year renewals, exercisable by the District, with annual rent increases to be based on the Consumer Price Index and rent to be reappraised at fair market value at the end of the five-year base term, effective July 1, 2011.

Action by the Board at its meeting of September 24, 2010 – Resolution
NON-CONSENT CALENDAR

AYES (9): Directors Boro, Cochran, Grosboll, Moylan, Rabbitt, Renée, Sobel, Stroeh and Theriault
NOES (0): None

   
5.

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

The Committee was provided with copies of the following agenda items and staff reports:

  • May 23, 2011, SMART Executive Committee Special Meeting Agenda Packet;
  • June 3, 2011, SMART Executive Committee Regular Meeting Agenda Packet;
  • June 1, 2011, SMART Real Estate/Project Development Committee Meeting Agenda Packet;
  • June 15, 2011, SMART Real Estate/Project Development Committee Special Meeting Agenda Packet;
  • June 8, 2011, Notice of Cancellation of SMART Operations Committee Meeting; and,
  • June 15, 2011, SMART Board of Directors Regular Meeting Agenda Packet.

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, who is a member of the SMART Board of Directors (SMART Board), reported the following:

  1)
The SMART Board of Directors (SMART Board) approved an Operating Agreement (Agreement) with the North Coast Rail Authority (NCRA), with the stipulation that NCRA approves the Environmental Impact Report and the Agreement as submitted on Monday, June 21, 2011.
  2)
The SMART Board hired some additional limited term staff to fill positions previously staffed by consultants and reduced their costs by $300,000 a year.
  3)
The SMART Board appointed Marin County’s Public Works Director Farhad Mansourian as the Acting General Manager, who will be on loan to SMART for several months. The SMART Chief Finance Officer David Heath, who had been serving as Acting General Manager, stepped down to focus on his finance duties at SMART, which includes the development of a bond offering.
  4)

The SMART is recruiting a permanent General Manager. SMART has received 36 applications and invited six candidates to interviews on July 6, 2011.

Action by the Board – None Required

     
6. Status Report on Engineering Projects
     
  a.

Report by the District Engineer

In a memorandum to Committee, Deputy District Engineer John Eberle, District Engineer Ewa Bauer and General Manager Denis Mulligan 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.

At the meeting, Ms. Bauer reported that the replacement of the Golden Gate Bridge’s (Bridge) west sidewalk at the North Anchorage Housing has begun and the work is proceeding well. The southbound Doyle Drive off ramp will close on Friday, June 24, 2011 at 8:00 p.m., and reopen on Saturday, June 25, 2011 at 11:00 a.m.

     
  b.

Discussion by the Board

A series of inquiries were raised and responses were provided by staff concerning various aspects of the design and construction phases of the Suicide Barrier Project.

  • Director Grosboll made the following inquiries:
    • He inquired as to the anticipated completion date of the design phase of the Suicide Barrier Project. In response, Ms. Bauer stated that the District has scheduled a design project timeline of 16 months to accommodate the California Department of Transportation (Caltrans) pre-award audit. If Caltrans completes the pre-award audit more quickly, the design phase of the Suicide Barrier Project could be completed within 13 months.
    • He inquired as to the next steps in the construction phase of the project. In response, Ms. Bauer stated the District would issue an “Invitation to Bid” for the construction project, once funds became available.
    • He inquired as to the breakdown of the $45 million cost of the construction project. In response, Ms. Bauer stated that the $45 million includes construction costs, a ten percent contingency, District staff contract administration and designer oversight to ensure the construction conforms to the design. Construction on an existing bridge is more complex and requires a higher contingency.
  • Director Boro made the following comment and inquiry:
    • He commented that the MTC had originally committed $2 million to the design phase of the Suicide Barrier Project, and an additional $5 million, with the stipulation that the construction project would be funded by outside sources.
    • He inquired as to the availability of State and Federal funding for the construction phase of the project. In response, Mr. Mulligan stated that the construction phase of the project would cost $45 million, and that this phase of the project is not eligible for Federal funding. The District will not be able to begin the construction phase of the project until it is fully funded. The current strategy of the suicide deterrent advocates (Advocates) is to request that language be added to the Federal Transportation Reauthorization bill to allow Federal funds to be spent for projects, such as the suicide deterrent on the Bridge. The Advocates are working closely with the Minority Leader of the House of Representatives, Congresswoman Nancy Pelosi and the Chair of the Environment and Public Works Committee, United States Senator Barbara Boxer to effect that change.
  • Director Theriault made the following inquiries:
    • He inquired as to why the construction project is ineligible for Federal funding. In response, Mr. Mulligan stated that Federal law has requirements for funding projects. In Title 23 of the United States Code, Highways Section 129, Toll Roads, Bridges, Tunnels and Ferries, there is a section that states that toll facilities are ineligible for federal highway funds if any of the toll funds are used for non-Title 23 eligible activities. Since the District uses about half of its tolls to fund transit, the District is ineligible for Federal funding. In the 1980’s, Section 144(l) was inserted into Title 23, United States Code, Highways, which allows special districts that own a bridge and operate transit, which is funded by tolls, to be eligible to receive federal funds under the Bridge program. At this time, the current language allows some District projects, such as retrofitting, to be funded. However, barriers and guard rails are ineligible for Federal funding under this section.
    • He inquired as to why redesign of the Suspension Bridge maintenance travelers is not eligible. In response, Mr. Mulligan stated the travelers are eligible, but it is only a small piece of the construction project. The Moveable Median Barrier project is not eligible, nor is the remainder of the design and construction phases of the suicide deterrent project.
  • Director Rabbitt made the following inquiry:
    • He inquired as to whether the proposed language of the Transportation Reauthorization bill is specific to the design and construction phases of the project. In response, Mr. Mulligan stated that the proposed additional language is broader than the current definition and would allow the District to compete for more Federal funds for Bridge projects.

In conclusion, Mr. Miller stated there are some limits on how highway funds can be spent in Title 23, United States Code, Highways Section 144(l). In the 1980’s, United States Congressman James Howard of New Jersey, who was the Chair of the Transportation Committee, authored a bill to allow special districts, which collect tolls and subsidize mass transit, to receive Federal Highway funding. The District is the only special district, which meets these criteria, and as a result, the District was the first recipient of Federal Highway funds for the Deck Replacement Project.

Action by the Board – None Required

     
7.

Public Comment

There was no public comment.

     
8.

Adjournment

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

     

 

 

Respectfully submitted,

s/ John J. Moylan, Acting and Vice Chair
Building and Operating Committee