July 21, 2011

 

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, July 21, 2011, at 10:00 a.m., Chair Eddie presiding.

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

Committee of the Whole Members Present (12): Directors Arnold, Boro, Cochran, Elsbernd, Moylan, Pahre, Renée, Sobel and Stroeh; Second Vice President Grosboll; First Vice President Eddie; President Reilly (Ex Officio)
Committee of the Whole Members Absent (7): Directors Brown, Campos, Chu, Mar, Rabbitt, Snyder and Theriault

Staff Present: General Manager Denis Mulligan; District Engineer Ewa Bauer; Auditor-Controller Joseph Wire; Secretary of the District Janet Tarantino; Attorney Kim Manolius; Deputy General Manager/Bridge Division Kary Witt; Deputy General Manager/Bus Transit Division Teri Mantony; Deputy General Manager/Ferry Transit Division James Swindler; Public Affairs Director Mary Currie; Assistant Clerk of the Board Lona Franklin

Visitors Present: Skip Sowko, District Division Chief, Design South, California Department of Transportation


 

     
1.

Authorize Execution of a Right-of-Way Agreement and a Cooperative Agreement between the Golden Gate Bridge, Highway and Transportation District and the California Department of Transportation Relative to the Doyle Drive Reconstruction Project

     
  a.

Staff Report

In a memorandum to Committee, Property Development and Management Specialist Norma Jellison, Deputy District Engineer John Eberle, Deputy General Manager/Bridge Division Kary Witt, District Engineer Ewa Bauer and General Manager Denis Mulligan, reported on staff’s recommendation to execute a Right-of-Way Agreement and a Cooperative Agreement with the State of California, acting through its Department of Transportation (Caltrans), pertaining to the Doyle Drive Reconstruction Project (Project).

The staff report stated that the Project is currently underway by Caltrans, and the State of California, in partnership with the San Francisco County Transportation Authority (SFCTA), is constructing the south access to the Golden Gate Bridge (Bridge), Doyle Drive/Presidio Parkway, as part of the Project. The Golden Gate Bridge, Highway and Transportation District (District) has committed financial resources in support of the Project under a separate Memorandum of Understanding with the SFCTA and the Metropolitan Transportation Commission, pertaining to the funding of the Project.

The staff report stated that a portion of the Project will affect certain improvements currently owned by the District and certain aspects of the Project will affect the District’s operations. In addition, a portion of the work on the Project will be performed within an area for which the District holds permit rights granted by the United States government. The staff report also stated that, as a condition of receipt of federal funding, Caltrans must obtain property rights from the District to undertake the Project.

A copy of the staff report is available from the Office of the District Secretary and on the District’s web site.

     
  b.

Remarks by General Manager

At the meeting, Mr. Mulligan reported that, although the District does not own the land upon which the Bridge is built, its right-of-way extends to certain areas of the Project construction. He stated that Caltrans will need access to the District’s right-of-way. As a part of those operations, Caltrans will close Doyle Drive over a weekend, during which time the District will operate additional bus and ferry service. He stated that Caltrans is to compensate the District for its expenses associated with providing the additional public transportation services.

Mr. Mulligan introduced Skip Sowko, District Division Chief, Design South, of Caltrans, who exhibited a PowerPoint Presentation.

     
  c. PowerPoint Presentation

The PowerPoint Presentation (PowerPoint) displayed photographs of existing conditions on Doyle Drive/Presidio Parkway. It listed major milestones in the construction schedule, specifically, that major construction began in December 2009; that traffic shift would occur in late 2011, when seismic safety will have been achieved; that traffic shift would occur again in 2015, with major construction complete; and, that once landscaping has been done in 2015, the Project will have been completed.

Construction phases were displayed, along with a timeline indicating the beginning, duration and completion of each phase. A temporary bypass is expected to be in place by late 2011, and widening within the District’s right-of-way will be undertaken. Construction will proceed in phases, and the PowerPoint displayed line drawings of the phases. In addition, line drawings of the existing merge and the merge after Project completion, at northbound Highway 101, between the Presidio Parkway on-ramp and the Merchant Road off-ramp, were displayed.

A copy of the PowerPoint is available from the Office of the District Secretary and on the District’s web site.

     
  d.

Remarks by Skip Sowko, District Division Chief, Design South, Caltrans

At the meeting, Mr. Sowko stated that, in the future, tunnels and separated roadways will exist. He stated that Caltrans will open half the roadway at end of 2011, taking traffic off structures that are seismically deficient, onto safe roadways. Completion is scheduled for 2015, with landscaping to follow.

He stated that, currently, Phase 1 is underway and will be completed by the end of the year. The current construction phase is at the southbound Highway 101 bridge that crosses near Stillwell Hall at the Presidio. He added that Caltrans has now opened two lanes southbound on Highway 101 toward the MacArthur Tunnel. This was a major milestone.

He stated that the southbound Battery Tunnel will also be constructed under Phase 1, and is currently in progress, with a temporary bypass for Marina Boulevard. He further stated that, in late 2011, an extended weekend closure of Doyle Drive will occur, with traffic transferred onto a temporary bypass and the completed southbound structures. He reported that design work has commenced for Phase 2, a public/private partnership. Field investigation is complete, as is utility relocation. Construction will begin in early 2012.

Regarding activities required on District property, he stated that the work includes road widening, developing new connections and repaving. In relation to the area of the northbound Doyle Drive/19th Avenue merge, the existing distance to the “Last San Francisco” exit ramp is approximately 885 feet. The Caltrans design now is for 925 feet, with a gore area of 185 feet in length. This gore area will not be landscaped, so that drivers will be able to see one another on approaches. Also, the slope of the gore area has been changed, to allow better visibility.

An improved moveable barrier is planned to be used during the next phases of construction until the construction work is completed. Crash attenuators will be placed at the end of the moveable barrier.

     
  e.

Further Remarks by General Manager

Mr. Mulligan stated that the negotiating team for the Project was made up of Attorneys David Miller, Michael Conneran and Kimon Manolius. Staff who participated in negotiations are Ewa Bauer, John Eberle, Kary Witt and Norma Jellison.

Mr. Mulligan further stated that the biggest issue is protection of the District from unexpected and/or undesired externalities. He noted that, in 2006, the Board of Directors of the District (Board) adopted a resolution and raised concerns about traffic safety, particularly in the area of the Doyle Drive/19th Avenue merge. Caltrans responded by improving the design.

He explained that, during construction, and for a period of five years thereafter, liability for traffic accidents in the merge area will be assumed by Caltrans. Should any accidents happen during the five-year period, the District will be indemnified by Caltrans, and the five-year period during which Caltrans is to assume liability will recommence. Should no accidents occur during the initial five-year period, Caltrans’ liability will cease. This arrangement provides the District both indemnification and defense.

He reported that the main power feed for the Bridge runs along Doyle Drive, and will be replaced by Caltrans. In addition, Caltrans and District staff have worked together on the three-day weekend closure. He indicated that the District will not close the Bridge during that time period. He stated that staff are engaged in discussions with the City of San Francisco regarding traffic flow, and that the District will provide extra ferries and buses during the weekend of the closure, which costs will be reimbursed by Caltrans. He stated that negotiations on the two Agreements took seven months, with compromises made by both parties.

     
  f.

Discussion by the Board

Discussion ensued, including the following comments and inquiries:

  • President Reilly inquired as to the dates of the three-day closure. In response, Mr. Sowko stated that the dates have yet to be ascertained, although the closure will take place during 2011.
  • Director Pahre made the following inquiries:
    • She inquired as to whether the preliminary maps for the moveable median barrier could be provided to the District for its use. In response, Mr. Mulligan stated that those maps will not be useful to the District, but that Caltrans would provide an area for placement of the District’s moveable median barrier.
    • She inquired as to whether the five-year period of District indemnification by Caltrans that is part of the liability agreement between Caltrans and the District will be sufficient for design immunity if no accidents happen during that time. In response, Attorney Manolius stated that the District will be indemnified beginning with commencement of the Agreement.
    • She inquired as to the number of extensions that would be required in order that design immunity remains in place for 30 years. In response, Attorney Manolius stated that indemnity commences for a five-year period upon completion of construction, and extends only in the case of accident. If there is an accident, then the five-year clock would start over. The design immunity does not depend upon extending Caltrans’ indemnification of the District.
  • Director Stroeh commented that he wishes to compliment Caltrans and District staff for their thorough work.
  • Director Sobel made the following inquiries:
    • He inquired as to the entity against which claims would be filed in case of an accident. In response, Mr. Mulligan stated that, when a claim is received, the District will review it and, if it is more properly a claim against Caltrans, it will be turned over to them. The expense of defending the claim would fall to Caltrans.
    • He inquired as to how quickly the claim would be transferred to Caltrans. In response, Attorney Manolius stated that it would be transferred quickly because, to sue the District, one would have to file a government claim. The District would, thus, receive early notice of the issue, which would be immediately tendered to Caltrans, and then Caltrans could either accept or reject the tender. If they reject it, the District would have to defend it and work out details with Caltrans at a later date.
  • Director Boro made the following inquiries:
    • He inquired as to the date of completion of the Project. In response, Mr. Mulligan stated that the expected completion date was previously 2013, but is now 2015. He added that the Board has agreed to provide $75 million to the Project during the last year of construction. He reported that the Board will be asked to consider a separate funding agreement with the SFCTA. Negotiations with the SFCTA are in progress regarding the timing of the payment.
    • He inquired as to the traffic pattern at Marina and Lombard, approaching Doyle Drive. In response, Mr. Sowko stated that analysis of the traffic pattern in this area has been reviewed thoroughly and is effective.
    • He inquired as to the meaning of “complete responsibility” as regards “design, build and operate.” In response, Mr. Sowko stated that it means that the process will be seamless.
    • He inquired as to the possibility of imposing tolls on Doyle Drive. In response, Mr. Mulligan stated that there will be no tolls. Mr. Sowko agreed.
  • Director Cochran inquired as to the expected outcome should the first accident resulting from a design problem happen 5 years and 2 days following commencement of the Agreement. In response, Mr. Mulligan stated that Caltrans would no longer assume liability in the hypothetical timeframe. Attorney Manolius stated that the District’s argument could then include design immunity as a result of having had no accidents for the period five years.
  • Director Arnold inquired as to whether electrical needs would increase as a result of the addition of AET. In response, Mr. Mulligan stated that the District already uses electronic tolling with FasTrak®, so the electrical needs will remain largely the same as they presently are.
  • Director Eddie inquired as to whether his understanding is correct, that if the configuration following construction proves to be safe, then the District will have no further design indemnification by Caltrans once the five-year period has passed, but if an accident happens as a result of design or construction, for which Caltrans has agreed to assume liability, then the District will not be liable. Mr. Mulligan responded affirmatively, adding that Caltrans and the District negotiated for a long period of time to reach the stated compromise regarding liability, and that Caltrans does not wish to set a precedent. Mr. Sowko opined that, were the traffic patterns to remain as they are currently, the District’s future risk would be higher than it is expected to be following the completion of construction.
     
  g.

Action by the Board

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/Committee of the Whole recommends that the Board of Directors authorize the General Manager to execute the following agreements, pertaining to the Doyle Drive Reconstruction Project (Project), with the State of California, acting through its Department of Transportation (Caltrans):

    a. A Right-of-Way Agreement, the purpose of which is to establish the basis upon which Caltrans and its selected contractor may design and construct Project improvements within the District's right-of-way in a manner that will minimize or mitigate potential impacts on the District's property and facilities; and,
    b. A Cooperative Agreement, the purpose of which is to compensate the District for provision of supplemental bus and ferry transit services as mitigation for the impacts associated with up to two full weekend closures of Doyle Drive during the construction of the Project; with the understanding that requisite funds are available in the FY 11/12 Bridge Division Capital Budget;
   

with the understanding that, under the Right-of-Way Agreement and the Cooperative Agreement referred to above, the District will be reimbursed for costs associated therewith.

Action by the Board at its meeting of July 22, 2011 – Resolution
NON-CONSENT CALENDAR

     
  AYES (12): Directors Arnold, Boro, Cochran, Elsbernd, Moylan, Pahre, Renée, Sobel and Stroeh; Second Vice President Grosboll; First Vice President Eddie; President Reilly (Ex Officio)
NOES (0): None
     
2.

Approve Actions Relative to the Award of Contract No. 2012-FT-1, Larkspur Ferry Terminal Security Improvements, to KCK Builders, Inc.

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 award Contract No. 2012-FT-1, Larkspur Ferry Terminal Security Improvements, to KCK Builders, Inc., San Francisco, CA, in the amount of $275,000.00.

The staff report stated that the Larkspur Ferry Terminal (LFT) is the District’s primary location used to fuel, stage, maintain and store the District’s ferry fleet, and is the site of the Ferry Division’s Administrative offices. The District’s security staff performed an evaluation of the LFT and determined that security improvements, such as security monitoring devices and a security monitoring center, are necessary to better protect the District’s assets. Various security monitoring devices have been installed in response to the evaluation of the LFT, and District staff and consultants have prepared design plans and specifications, and bid documents, for improvements to Kiosk E of the LFT, to adapt it for use as a security monitoring center.

The staff report stated that remodeling of the interior of Kiosk E is required, including: 1) adjustments for conformance with the Americans with Disabilities Act (ADA); 2) modification of the existing electrical and data systems; 3) installation of new electrical and data systems; 4) modification of existing water and wastewater facilities; and, 5) installation of new heating, ventilating and air conditioning systems.

The staff report stated that, on May 31, 2011, the District advertised Contract No. 2012-FT-1 and 4 bids were received, opened and publicly read by the Secretary of the District by the deadline date of July 5, 2011. Following review of the bids, staff determined that the lowest bidder, KCK Builders, Inc. (KCK), is responsive and responsible. The Disadvantaged Business Enterprise (DBE) Program Administrator has determined that KCK has complied with the DBE requirements and that no DBE participation is anticipated during the performance of the contract.

The staff report also stated that a budget increase in the FY 11/12 Ferry Transit Division Capital Budget, in the amount of $194,047.00, is required, to be funded with District Reserves. The total project budget of $512,550.00 will be funded as follows: $318,503.00 Transit Security Grant Program funds (62%) and $194,047.00 District Reserves (38%).

A copy of the staff report is available from the Office of the District Secretary and on the District’s web site.

At the meeting, Ms. Bauer briefly summarized the staff report.

Discussion ensued, including the following inquiries:

  • Director Grosboll inquired as to whether any of the other bidders were able to include Disadvantaged Businesses Enterprises (DBE) as subcontractors. In response, Ms. Bauer stated that the lowest bidder did an extensive search and could not obtain a bidder for any of the possible subdivisions of the contract. She added that the District will receive information on Friday, July 22, 2011, as to whether any of the other bidders were able to find any DBE’s.
  • Director Boro inquired as to the amount and source of grant funds. In response, Ms. Bauer stated that the project will be funded with $318,503.00 Transit Security Grant Program funds (62%) and $194,047.00 District Reserves (38%).

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/Committee of the Whole recommends that the Board of Directors approve actions relative to Contract No. 2012-FT-1, Larkspur Ferry Terminal Security Improvements, as follows:

  a. Authorize award of Contract No. 2012-FT-1 to KCK Builders, Inc., San Francisco, CA, in the amount of $275,000.00;
  b. Establish a Contingency Fund in the amount of $27,500.00;
  c. Establish a total project budget in the amount of $512,550.00, to be funded with $318,503.00 Transit Security Grant Program funds (62%) and $194,047.00 District Reserves (38%); and,
  d.

Authorize a budget increase in the FY 11/12 Ferry Transit Division Capital Budget, in the amount of $194,047.00, to be funded from District reserves, as concurred with by the Finance-Auditing Committee/Committee of the Whole, at its meeting of July 21, 2011.

Action by the Board at its meeting of July 22, 2011 – Resolution
NON-CONSENT CALENDAR

     
  AYES (12): Directors Arnold, Boro, Cochran, Elsbernd, Moylan, Pahre, Renée, Sobel and Stroeh; Second Vice President Grosboll; First Vice President Eddie; President Reilly (Ex Officio)
NOES (0): None
   
3.

Authorize Execution of a Third Amendment to the Professional Services Agreement with Booz Allen Hamilton, Inc., Relative to Request for Proposals No. 2007-BT-1, Consultant to Provide Design Services for Radio Replacement and Intelligent Transportation System

In a memorandum to Committee, Advanced Communications and Information System Project Manager Joseph Perez and General Manager Denis Mulligan reported on staff’s recommendation to authorize the execution of a Third Amendment to the Professional Services Agreement (Agreement) with Booz Allen Hamilton, Inc. (Booz Allen), relative to Request for Proposals (RFP) No. 2007-BT-1, Consultant to Provide Design Services for Radio Replacement and Intelligent Transportation System, later renamed the Advanced Communications and Information System (ACIS), in the amount of $50,000.00, to provide additional services with regard to the performance of an ACIS Organizational Needs Study (ACIS Study).

The staff report stated that the Board, at its meeting of October 27, 2006, authorized execution of an Agreement with Booz Allen, relative to the above referenced RFP. In order to take full advantage of the ACIS system following implementation, organizational and business process changes will be essential. Staff has determined that an ACIS Study is necessary to evaluate and understand the appropriate changes and to assist the District with a successful transition to ACIS technology management and maintenance within the context of the current organization.

The staff report stated that consultants at Booz Allen have submitted a proposal for the ACIS Study, negotiated to the current scope of work, for a not to exceed amount of $50,000.00. Staff finds the proposed expenditure of time to be reasonable, the hourly rates to be consistent with those set forth in the Agreement and the proposed price for this Third Amendment to be fair and reasonable.

A copy of the staff report is available from the Office of the District Secretary and on the District’s web site.

At the meeting, Mr. Mulligan reported that approval of this recommendation will help the District with organizational structure and proper staff level decisions. He stated that the ACIS project will require additional staff, which was anticipated under the Financial Plan for Achieving Long-Term Financial Stability, which was approved by the Board at its Special Meeting of October 30, 2009. He added that, from an organizational perspective, this project will expand the District’s abilities.

Mr. Mulligan further stated that, at the Transportation Committee/Committee of the Whole meeting to be held on August 5, 2011, in Santa Rosa, Planning Director Ron Downing will provide an annual update on long-term ridership. In addition, several presentations will be made to provide an overview of information technology that affects the District’s transit business.

Discussion ensued, including the following comments and inquiries:

  • Director Grosboll inquired as to the District’s degree of satisfaction with Booz Allen. In response, Mr. Perez stated that Booz Allen was central to the ACIS project prior to his own employment at the District. He stated that their long-term involvement makes them uniquely qualified to perform the recommended Study. In addition, Booz Allen has done other transit work, and is currently working with the San Francisco Municipal Transportation Agency. He concluded by stating that additional time and expense would be associated with hiring a firm other than Booz Allen, because education relative to the District’s staffing and organizational makeup would be necessary.
  • Director Renée made the following comment and inquiry:
    • She inquired as to whether the District has a history of other work performed by Booz Allen and whether there has been integrity, reduction to staffing, or other organizational change. In response, Mr. Perez stated that the District has been satisfied with the performance of Booz Allen in the past. He stated that a reduction of staff is not anticipated. He noted that the prime contractor has recommended a certain staffing level. He stated that the General Manager desires the Study to include an overview of impacts to all operations of the District, which Booz Allen is uniquely qualified to provide, by virtue of the firm’s familiarity with the District’s requirements, as well as its qualifications.
    • She commented that she has witnessed problems with integrity of systems elsewhere, as people try to achieve organizational changes. She added that it is very important to have adequate, well-trained staff. In response, Mr. Perez stated that he had also seen such problems elsewhere and that the District will be able to better evaluate its degree of expertise and its staffing needs once the Study is complete.

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/Committee of the Whole recommends that the Board of Directors authorize the execution of a Third Amendment to the Professional Services Agreement with Booz Allen Hamilton, Inc., relative to Request for Proposals No. 2007-BT-1, Consultant to Provide Design Services for Radio Replacement and Intelligent Transportation System, later renamed the Advanced Communications and Information System (ACIS), in the amount of $50,000.00, to provide additional services with regard to the performance of an ACIS Organizational Needs Study; with the understanding that requisite funds are available in the FY 11/12 District Division Capital Budget.

Action by the Board at its meeting of July 22, 2011 – Resolution
NON-CONSENT CALENDAR

AYES (12): Directors Arnold, Boro, Cochran, Elsbernd, Moylan, Pahre, Renée, Sobel and Stroeh; Second Vice President Grosboll; First Vice President Eddie; President Reilly (Ex Officio)
NOES (0): None

   
4.

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:

  • July 20, 2011, Notice of Cancellation of SMART Regular Board of Directors Meeting;
  • July 13, 2011, Notice of Cancellation of SMART Operations Committee Meeting;
  • July 6, 2011, SMART Board of Directors Special Meeting Agenda Packet; and,
  • July 2, 2011, SMART Press Release

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, First Vice President Eddie, who is a member of the SMART Board of Directors (SMART Board), reported that the SMART Board and the Operations Committee meetings were both cancelled for the month of July 2011. He stated that Board members received a report on costs of the railway line, expenditures and receipts. A complete accounting is planned to be presented to the SMART Board in August 2011.

Director Boro, also a member of the SMART Board, stated that the Transportation Authority of Marin approved a transfer of $8 million to SMART which will trigger approximately $44 million from Sonoma County and the Metropolitan Transportation Commission (MTC) for the Santa Rosa to San Rafael line. In addition, MTC will recommend that SMART receive approximately $18 million for a Transportation Investment Generating Economic Recovery grant, which is railroad related. If the SMART project is selected, the grant money will help alleviate the overall deficit on the project, and will be allocated for bike/pedestrian pathways. Director Boro also reported that SMART has interviewed a series of candidates for General Manager (GM), and that the selection process is in progress. He added that the interim GM is doing an excellent job.

Director Arnold stated that the SMART Board has asked its Executive Director to do an exhaustive search of all costs and possible references. That report will come out on Friday, July 22, 2011, and will be sent to the SMART Board today, Thursday, July 21, 2011.

Discussion ensued, including the following inquiry:

  • Director Stroeh inquired as to SMART’s agreement with a freight service group to begin freight operations. In response, Director Pahre stated that an Operating Agreement is in place. However, it remains to be seen whether freight operations are imminent.

Action by the Board – None Required

   
5.

Status Report on Engineering Projects

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.

   
6.

Public Comment

There was no public comment.

     
7.

Adjournment

All business having been concluded, the meeting was adjourned at 10:55 a.m.

     

 

 

Respectfully submitted,

s/ James C. Eddie, Chair

Building and Operating Committee