October 27, 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 (Committee) was held in the Board Room, Administration Building, Toll Plaza, San Francisco, CA, on Thursday, October 27, 2011, at 10:05 a.m., Chair Eddie presiding.

Committee Members Present (7): Chair Eddie; Vice Chair Moylan; Directors Cochran, Renée, Stroeh and Theriault; President Reilly (Ex Officio)
Committee Members Absent (1): Director Rabbitt
Other Directors Present (4): Directors Boro, Elsbernd, Pahre and Sobel

Committee of the Whole Members Present (11): Directors Boro, Cochran, Elsbernd, Moylan, Pahre, Renée, Sobel, Stroeh and Theriault; First Vice President Eddie; President Reilly (Ex Officio)
Committee of the Whole Members Absent (8): Directors Arnold, Brown, Campos, Chu, Mar, Rabbitt and Snyder; Second Vice President Grosboll

Staff Present: General Manager Denis Mulligan; District Engineer Ewa Bauer; Auditor-Controller Joseph Wire; Secretary of the District Janet Tarantino; Attorneys David Miller and Steve Miller; Deputy General Manager/Bridge Division Kary Witt; Deputy General Manager/Administration and Development Kellee Hopper; Acting Deputy General Manager/Ferry Transit Division Christian Stark; Public Affairs Director Mary Currie; Senior Board Analyst Elizabeth Eells

Visitors Present: None

 

     
1.

Closed Session Conference with Legal Counsel--Potential Litigation

Attorney David Miller, at the request of Chair Eddie, stated that the Committee would convene in Closed Session, to discuss Item No. 1, as follows:

“Closed Session
Conference with Legal Counsel--Potential Litigation

Pursuant to Government Code Section 54956.9(b)(1)
Report of Hanson Bridgett LLP
(One Potential Case)”

After Closed Session, Chair Eddie called the meeting to order in Open Session with a quorum present. Attorney Miller reported that the Committee had met in Closed Session, as permitted by the Brown Act, to discuss one potential litigation case related to a proposed Settlement Agreement with General Electric Transportation Systems Global Signaling, LP, relative to Contract No. 2008-MD-1, Advanced Communications and Information System, for modification of the contract completion dates and related items. He further stated that the Chair was prepared to present a recommendation for the Committee’s consideration and for presentation to the October 28, 2011, meeting of the Board of Directors (Board) for action, and would do so under Item No. 2 listed on the Committee’s agenda.

     
2.

Authorize Execution of Amendment No. 2 with General Electric Transportation Systems Global Signaling, LP, Relative to Contract No. 2008-MD-1, Advanced Communications and Information System, for Modification of Contract Phase Completion Dates

As stated above, the Committee met in Closed Session to discuss the above-referenced matter. No written report was presented to the Committee.

The Chair recommended and the Committee concurred by motion made and seconded by Directors THERIAULT/STROEH 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 execution of Amendment No. 2 to Contract No. 2008-MD-1, Advanced Communications and Information System, with General Electric Transportation Systems Global Signaling, LP (GETS), the main elements of which include (a) establishment of a new project completion date of May 1, 2013; (b) transfer of responsibility for providing the necessary software interface with the District’s HASTUS scheduling system from the District to GETS, at a cost of $210,000.00; and, (c) inclusion of additional items in the GE scope of work, at no cost to the District; with the understanding that requisite funds are available in the FY 11/12 Bus Transit Division Capital Budget.

Action by the Board at its meeting of October 28, 2011 – Resolution
NON-CONSENT CALENDAR

AYES (11): Directors Boro, Cochran, Elsbernd, Moylan, Pahre, Renée, Sobel, Stroeh and Theriault; First Vice President Eddie; President Reilly (Ex Officio)
NOES (0): None

     
3.

Approve Actions Relative to the Award of Contract No. 2012-FT-3, M.S. Marin Ferry Stability and Accessibility Improvements, to Bay Ship & Yacht Co.

In a memorandum to Committee, Marine Projects Manager/Ferry Transit Division Christian Stark, Deputy General Manager/Ferry Transit Division James Swindler and General Manager Denis Mulligan reported on staff’s recommendation to approve actions relative to the award of Contract No. 2012-FT-3, M.S. Marin Ferry Stability and Accessibility Improvements, with Bay Ship & Yacht Co.

The staff report stated that the Board, by Resolution 2011-052 at its meeting of June 10, 2011, adopted the FY 11/12 Operating and Capital Budgets. The FY 11/12 Ferry Transit Division Capital Budget includes the M.S. Marin Capital Upgrades and ADA Improvements Project (Upgrades and Improvements Project) in the amount of $717,000.00, to be funded with $573,600.00 Federal Transit Administration (FTA) funds (80%), and $143,400.00 District funds (20%). The FY 11/12 Ferry Transit Division Capital Budget also includes the Spaulding Solid Ballasts Project (Ballasts Project) in the amount of $150,000.00 (100% District funded). This project combines the Upgrades and Improvements Project budget with a portion of the Ballasts Project budget.

The staff report also stated that on September 29, 2011, the District advertised Contract No. 2012-FT-3 and one bid was received, opened and publicly read by the Secretary of the District on the deadline date of October 13, 2011. After review, staff determined that the sole bidder, Bay Ship & Yacht Co. (BSY), is responsive and responsible.

The staff report further stated that the following analysis of BSY’s bid price breakdown, and as permitted by the bid specifications, it was determined that the scope of work should be revised to include the following items: fuel system modifications and improvements; solid ballast installations; flooring replacements; storage improvements; accessibility improvements; passenger information/communication systems; and, ground work for future accessibility improvements. In response, BSY revised its bid to include only those items contained in the revised scope of work and staff analyzed BSY’s revised bid price breakdown, determining that the revised bid price of $581,085.00, is fair and reasonable in comparison to similar work performed for the District.

Finally, the staff report stated the Disadvantaged Business Enterprise (DBE) Program Administrator has determined that BSY has complied with the DBE requirements, and that no DBE participation is anticipated during the performance of this Contract. A copy of the staff 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 THERIAULT/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 the award of Contract No. 2012-FT-3, M.S. Marin Ferry Stability and Accessibility Improvements, as follows:

a. Authorize the award of Contract No. 2012-FT-3, M.S. Marin Ferry Stability and Accessibility Improvements, to Bay Ship & Yacht Co., Alameda CA, in the amount of $581,085.00;
b. Establish a Contingency Fund in the amount of $58,915.00, to cover sales tax and unanticipated items that may be discovered once work commences; and,
c. Authorize the General Manager to issue change orders up to the amount of the Contract contingency;


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 October 28, 2011 – Resolution
NON-CONSENT CALENDAR

AYES (11): Directors Boro, Cochran, Elsbernd, Moylan, Pahre, Renée, Sobel, Stroeh and Theriault; 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:

• September 21, 2011, SMART Regular Board of Directors Meeting Packet;
• October 5, 2011, SMART Real Estate Committee Meeting Cancellation Notice;
• October 12, 2011, SMART Operations Committee Meeting Cancellation Notice; and,
• October 19, 2011, SMART Regular Board of Directors Meeting 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, First Vice President Eddie, who is a member of the SMART Board of Directors (SMART Board), reported that the SMART Board has been dealing with RepealSMART, an organization which wishes to repeal the local tax to fund SMART, which was previously approved by a two-thirds vote. The SMART Board remains firmly committed to the SMART project. He stated that General Manager Farhad Mansourian has brought a new approach and ideas to the project.

Director Pahre, also a member of the SMART Board, reported that the SMART Board adopted Ordinance No. 2011-02. The Ordinance establishes election procedures for the proposed initiative to repeal the local tax for SMART and designates SMART’s Clerk of the Board as the elections clerk. The SMART Board heard comments from RepealSMART members that SMART is attempting to block their efforts to put an initiative on the ballot. She stated that the SMART Board is attempting to facilitate the election process. She also stated the SMART Board remains firmly committed to the project. She opined that SMART will help decrease congestion on Highway 101.

Director Boro, also a member of the SMART Board, reported the RepealSMART members are circulating a petition with an inaccurate statement that SMART will stimulate development alongside the SMART railroad in Marin and Sonoma counties. He stated that an article in the Marin Independent Journal, on October 26, 2011, stated RepealSMART may choose not to comply with Ordinance No. 2011-02. He also stated that SMART received a letter from the California Secretary of State with a legal opinion that SMART does not have a role in the election procedures. He further stated SMART’s counsel has a different opinion and this matter is not yet resolved.

Discussion ensued, including the following comment:

• Director Renée commented that the City of Petaluma (Petaluma) faced a similar struggle with a measure in Petaluma. Petaluma took the issue of the ballot language to Court. As a result, Petaluma was able to get some of the language clarified.

Action by the Board – None Required

     
5.

Status Report on Engineering Projects

In a memorandum to Committee, 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 provided a status report on the Contract No. 2006-B-1, Golden Gate Bridge Seismic Retrofit Phase IIIA, North Anchorage Housing and North Pylon stating that the east sidewalk reconstruction work is being completed. She also stated that this Project work will be completed ahead of schedule and the East sidewalk will reopen before the Thanksgiving holiday (November 24, 2011).

Discussion ensued, including the following comments and inquiries:

• Director Cochran inquired about the working days of Contract No. 2006-B-1. In response, Ms. Bauer stated that the working days are being negotiated with the Contractor and she will report the outcome to the Board.

• Director Boro made the following comments and inquiries:

  • He commented that Assistant Project Director Adam Van de Water of the City and County of San Francisco made a presentation on “The America’s Cup: A Southern Marin Perspective” at the Marin County Council of Mayors and Council members on October 26, 2011. The presentation outlined the potential impact of the activities on the cities of Marin and San Francisco associated with America’s Cup being held in 2012 and 2013.
  • He inquired as to the District’s plans for managing the traffic on Doyle Drive and the crowds that may observe the America’s Cup from the Golden Gate Bridge (Bridge). In response, Mr. Mulligan stated that the City and County of San Francisco had circulated a draft Environmental Impact Report (EIR) with a transportation plan. Director of Planning Ron Downing worked with Bus Transit and Ferry Transit staff to provide input into the transportation plan and sent a 14-page comment letter about the EIR. He also stated that it is anticipated that most people will watch the America’s Cup from Crissy Field and the Marina Green in San Francisco. The Bridge is considered a secondary viewing location because of its distance from the water. He further stated that the District is providing input on the America’s Cup Transit Plan, which encourages a variety of transportation modes, such as walking and biking. Furthermore, he stated that the first race will not be held until July of 2012, which is after the Bridge’s 75th Anniversary Celebration.
  • He commented that the City and County of San Francisco is promoting the use of Clipper® Cards for the America’s Cup. In response, Mr. Mulligan stated that the Metropolitan Transportation Commission is looking at branding the Clipper® Card. The America’s Cup is one of the first branding opportunities. The District has also had discussions about the possibility of the Clipper® Card being branded with the Bridge 75th Anniversary.

Action by the Board – None Required

   
6.

Public Comment

There was no public comment.

     
7.

Adjournment

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

     

 

 

Respectfully submitted,

s/ James C. Eddie, Chair

Building and Operating Committee