PORT OF OAKLAND · EXECUTIVE SUMMARY . In accordance with the requirements of Assembly Bill 2514 (AB 2514) and based on the results of a feasibility study conducted by WSP, Inc

J. CHRISTOPHER LYTLEExecutive Director

DANNY WANPort Attorney

ARNEL ATIENZAPort Auditor

JOHN T. BETTERTONSecretary of the Board

PORT OF OAKLANDBOARD OF PORT COMMISSIONERS530 Water Street 1 Oakland, California 94607(510) 627-1696(w)1(510) 839-5104(f)1TDD/TTY 711

E-Mail: [email protected]: www.portofoakland.com

SUPPLEMENTAL AGENDA

ALAN S. YEEPresident

CESTRA BUTNERFirst Vice-President

EARL HAMLINSecond Vice-President

MICHAEL COLBRUNOCommissioner

JAMES W. HEADCommissioner

BRYAN R. PARKERCommissioner

VICTOR UNOCommissioner

Regular Meeting of the Board of Port Commissioners

September 11, 2014 – 1:00 p.m.

Board Room – 2nd Floor

ROLL CALL

Commissioner Colbruno, Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Butner and President Yee.

1. CLOSED SESSION

Closed Session discussions and materials may not be disclosed to a person not entitled to receive it, unless the Board authorizes disclosure of that confidential information.

1.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Significant Exposure to Litigation Pursuant to Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9):

CMC Food Services LLC and NNF Grewal, Inc., v. Port of Oakland, et al.; Alameda County Superior Court Case No.: RG13685134

Diane Carter v. Port of Oakland; WCAB No. ADJ7792333

1.2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of California Government Code Section 54956.9): 2 Matter

1.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Pursuant to California Government Code Section 54956.8)

Property: Howard Terminal, 1 Market Street, Oakland, CANegotiating Parties: Port of Oakland and Oakland Waterfront Ballpark LLCAgency Negotiator: Pamela Kershaw, Director of Commercial Real EstateUnder Negotiation: Price and Terms of Tenancy

AGENDA

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Property: Oakland Army BaseNegotiating Parties: Prologis, LP; CCIG Oakland Global, LLC; Oakland Global Rail

Enterprises, LLC and Port of OaklandAgency Negotiator: John Driscoll, Director of MaritimeUnder Negotiation: Price and Terms of Tenancy

Property: Roundhouse/Sherex Property, Middle HarborNegotiating Parties: Union Pacific Railroad Company and Port of OaklandAgency Negotiator: John Driscoll, Director of MaritimeUnder Negotiation: Price and Terms of Tenancy

Property: 555 Maritime Street, Oakland, CA (approximately 38 acres of land currently occupied by Shippers Transport Express that is adjacent to the Port-owned rail terminal operated by Burlington Northern Santa Fe in the Port’s Maritime area)

Negotiating Parties: Agro Merchants Global, Inc. and Port of Oakland Port of Oakland, Lineage Logistics/Dreisbach Enterprises and Agro Merchants Global, Inc.

Agency Negotiator: John Driscoll, Director of Maritime; & Mike Heeneman Maritime Business Development & Marketing Rep

Under Negotiation: Price and Terms of Tenancy

1.4 CONFERENCE WITH LABOR NEGOTIATORS – (Pursuant to California Government Code Section 54957.6).

Employee Organizations:

International Federation of Professional and Technical Engineers, Local 21 (IFPTE-Local 21); Services Employees International Union, Local 1021 (SEIU-Local 1021); Western Council of Engineers (WCE); and International Brotherhood of Electrical Workers, Local 1245 (IBEW-Local 1245)

Unrepresented Employees:

Unit H and M

1.5 THREAT TO PUBLIC SERVICES OR FACILITIES – (Pursuant to California Code Section 54957).

Consultation with: Michael O’BrienPort Facilities Security Officer

ROLL CALL/OPEN SESSION (Approximately 4:30 p.m.)

Commissioner Colbruno, Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Butner and President Yee.

CLOSED SESSION REPORT

The Port Attorney or Board Secretary will report on any final actions taken in Closed Session.

AGENDA

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2. CONSENT ITEMS

Action by the Board under “Consent Items” means that all matters listed below have been summarized and will be adopted by one motion and appropriate vote. Consent Items may be removed for further discussion by the Board at the request of any member of the Board.

2.1 Resolution: Adoption of Procurement Targets For Energy Storage Systems(Engineering)

2.2 Resolution: Fiscal Year 2013/2014 On-Call Contract Usage Report and Authorization for the Executive Director to Execute Various On-Call Contracts (Engineering)

2.3 Resolution: Building Permit Application: Chevron, 7799 Earhart Road - Installation of an HVAC unit at Hangar 10 (Engineering)

2.4 Resolution: : Building Permit Application: Landmark Aviation, 8991 Earhart Road -Install modular building for Calstar at Hangar 3 (Engineering)

2.5 Resolution: Building Permit Application: Aviation Institute of Mechanics (AIM), 9260 Earhart Road - Relocate Existing Monument Sign (Engineering)

2.6 Ordinance: Approval of Two Space/Use Permits with Airline Services Providers Operating at Oakland International Airport (Aviation)

2.7 Ordinance: Approval of a Space/Use Permit with Aviation Port Services, L.L.C. at Oakland International Airport (Aviation)

2.8 Resolution: Approval of a three (3) year contract renewal with the United States Department of Agriculture-Wildlife Services (USDA-WS) for Wildlife Management Services (Aviation)

2.9 Ordinance 4302: 2nd Reading Of An Ordinance Amending Port Ordinance No. 867 Creating A New Classification Of Manager Of Utility Administration.

2.10 Ordinance 4303: 2nd Reading Of An Ordinance Approving And Ratifying A Space/Use Permit With Piedmont Hawthorne Aviation, LLC Dba Landmark Aviation.

2.11 Minutes: Approval of the Minutes of the Regular Meetings of June 26, 2014, July 10, 2014 and July 24, 2014. (Board Secretary)

2.12 Report: Informational Report: Quarterly Report of Construction Change Orders for 4th Quarter FY 13/14 (Engineering)

2.13 Report: Informational Report: Annual Change Order Report on Construction Contracts Completed during FY 13/14 (Engineering)

AGENDA

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3. MAJOR PROJECTS

This segment of the meeting is reserved for action and discussions regarding the status of Major Projects and issues of special importance.

3.1 Resolution: Approval of a Supplement Agreement with Parsons Transportation Group, Inc. for the Design Services Related to the Development of the Port Portion of the Former Oakland Army (Engineering)

4. BUDGET & FINANCE

This segment of the meeting is reserved for action or discussion regarding the status of Budget and Finance issues.

4.1 Resolution: Adoption of Audit Committee Charter

5. STRATEGY & POLICY

This segment of the meeting is reserved for action or discussion on Strategy and Policy Issues.

6. REMAINING ACTION ITEMS

Remaining Action Items are items not previously addressed in this Agenda that may require staff presentation and/or discussion and information prior to action by the Board.

6.1 Resolution: Lease Agreement with Union Pacific Railroad Company for up to Six Acres of Land at Roundhouse Property for a Term of up to 66 Years (Maritime)

6.2 Resolution: Construction and Reimbursement Agreement with Union Pacific Railroad Company for New Lead Track to Former Oakland Army Base Rail Yard (Maritime)

7. UPDATES/ANNOUNCEMENTS

The President, Members of the Board and the Executive Director will report on noteworthy events occurring since the last Board Meeting.

8. SCHEDULING

This segment of the meeting is reserved for scheduling items for future Agendas and/or scheduling Special Meetings

OPEN FORUM

The Board will receive public comment on non-agenda items during this time. Please fill out a speaker card and present it to the Secretary of the Board.

AGENDA

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ADJOURNMENT

The next Regular Meeting of the Board will be held on September 25, 2014.

AGENDA

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PUBLIC PARTICIPATION

To Speak on an Agenda Item

You may speak on any item appearing on the Agenda. Please fill out a Speaker’s Card and give it to the Board Secretary before the start of the meeting or immediately after conclusion of Closed Session. Cards received after the start of the meeting will be treated as a single request to speak in Open Forum. All speakers will be allotted a minimum of one minute.

To Receive Agendas & Related Materials

Should you have questions or concerns regarding this Agenda, or wish to review any of the Agenda Related Materials, please contact the Board Secretary, John Betterton, at:(510) 627-1696, or visit our web page at: www.portofoakland.com

To receive Port Agendas and Agenda Related Materials by email, please email your request to: [email protected]

Disability Related Modifications

Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the meeting, may submit a written request, electronic request, or telephone request [via the California Relay Service (telephone) for the hearing impaired at (800) 735-2922], to the Secretary of the Board no later than five working days prior to the scheduled meeting date.

John Betterton, Secretary of the Board530 Water Street, Oakland, CA 94607

[email protected](510) 627-1696

Language & Interpretive Services

As a grantee of federal aid grant funds from the US Department of Transportation, the Port is responsible for ensuring equal access to its programs, services, and benefits. To request bilingual interpreters or materials in alternate formats, please contact the Assistant Secretary of the Board no later than five working days prior to the scheduled meeting date.

Daria Edgerly, Assistant Secretary of the Board530 Water Street, Oakland, CA [email protected](510) 627-1337

Scented Products

Please refrain from wearing scented products to this meeting so attendees who experience chemical sensitivities may attend.

AGENDA

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Commissioner’s Statement of Intention

We are a governing Board whose authority lies with the entirety of the Board.

We govern in accordance with our fiduciary duty to the Port of Oakland.

We conduct ourselves with clarity and transparency, grounded in the principles of integrity, trust and respect.

We reach our decisions through candid, open and deliberative debate and hold both staff and ourselves accountable for implementing them.

AGENDA

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CONSENT ITEMS

Action by the Board under “Consent Items” means that all matters listed below have been summarized, and are considered to be perfunctory in nature, and will be adopted by one motion and appropriate vote. Consent Items may be removed for further discussion by the Board at the request of any member of the Board.

CONSENT ITEMS Tab 2

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Board Meeting Date: 9/11/14

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AGENDA REPORT

TITLE Adoption of Procurement Targets for Energy Storage Systems

AMOUNT No Budget Impacts

REVENUE CAPITAL EXPENDITURE OPERATING

EXPENSE NON-OPERATING EXPENSE

PARTIES INVOLVED N/A

SUBMITTED BY Chris Chan, Director of Engineering

APPROVED BY J. Christopher Lytle, Executive Director

REQUESTED ACTION RESOLUTION

EXECUTIVE SUMMARY In accordance with the requirements of Assembly Bill 2514 (AB 2514) and based on the results of a feasibility study conducted by WSP, Inc. to determine procurement targets for procuring energy storage systems, staff is recommending to the Board of Port Commissioners (Board) to adopt the finding that energy storage systems are not viable nor cost-effective for the Port at this time.

ADDITIONAL FINDINGS APPLIES DOES NOT

APPLY

MARITIME AVIATION PROJECT LABOR AGREEMENT (MAPLA) X

LIVING WAGE REGULATIONS X

GENERAL PLAN CONFORMITY X

OWNER-CONTROLLED INSURANCE PROGRAM (OCIP) X

CONSENT ITEMS Tab 2.1

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BACKGROUND

The Port of Oakland (Port), as a municipal utility, serves the Oakland International Airport (Airport), a portion of the former United States Naval Fleet Industrial Supply Center-Oakland (FISCO), and the former Oakland Army Base (OAB) with electricity from the wholesale market. Other portions of the Maritime area and Commercial Real Estate area are served by Pacific Gas and Electric Company (PG&E). This agenda report is related only to the three areas served by the Port as a municipal utility. An energy storage system is a system that is capable of absorbing energy, storing the energy, and dispatching the energy at a later time, similar to the concept of a rechargeable battery. Energy storage systems can assist utility companies in better managing variable and intermittent loads and resources without the need for creating new power plants. Assembly Bill 2514 (AB 2514) was created and signed into law on September 29, 2010 to encourage and expand the use of energy storage systems by electric utility companies. AB 2514 requires the governing board of a local publicly owned electric utility to open a proceeding to determine appropriate procurement targets, if any, for viable and cost-effective energy storage systems and, by October 1, 2014, to adopt an energy storage system procurement target, if determined to be appropriate, to be achieved by the utility by December 31, 2016, and a 2nd target to be achieved by December 31, 2021. On March 15, 2012, the Board commissioned a formal review to determine the viability and cost effectiveness of energy storage systems and determine and recommend procurement targets for energy storage systems, if the systems are viable and cost effective for the Port. In November 2013, the Port hired WSP Inc. (WSP), an engineering consulting firm, to evaluate the feasibility of procuring and implementing energy storage system within the Port’s electric system. The study, attached as Exhibit B, concludes that energy storage systems are not yet viable nor cost effective for the Port of Oakland at this time.

ANALYSIS

WSP reviewed electricity usage and power purchase data provided by Port staff and assessed the application of energy storage technologies on the Port’s grid. WSP concluded:

• The Port does not generate enough excess renewable energy to take advantage of energy storage.


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• Utilizing energy storage to reduce the Port’s peak demand will increase the Port’s emissions rather than decrease emissions because of the timing of the Port’s peak use of energy and the emissions factor of grid energy.

• Other technologies WSP examined were either not commercially available or were not cost effective for the Port.

In addition to the study conducted by WSP, staff reviewed studies and guides published by Electric Power Research Institute (EPRI) and Sandia National Laboratory (SNL) which generally reports that no single storage system can meet all of the needs of the electric grid but that costs are improving and technology is rapidly changing. Staff recommends that the Board 1) adopt the finding from WSP’s study that energy storage systems are not viable nor cost-effective for the Port at this time; 2) direct staff to continue looking for energy storage options and opportunities; and 3) report back to the Board no later than October 1, 2017 with an update on the procurement target for energy storage as mandated by AB2514.

BUDGET & STAFFING

The proposed action does not have any budget or staffing impact.

MARITIME AVIATION PROJECT LABOR AGREEMENT (MAPLA)

The matters addressed under this action are not within the scope of the Port of Oakland Maritime and Aviation Project Labor Agreement (MAPLA) and the provisions of the MAPLA do not apply to this action.

STRATEGIC PLAN

The action described herein would help the Port achieve the following goals and objectives in the Port’s Strategic Plan (http://www.portofoakland.com/pdf/about/strategicPlan2011-2015.pdf).

• Goal G: Objective 2: Partner to share risk, accountability, benefits and improve

environmental and safety compliance.


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http://www.portofoakland.com/pdf/about/strategicPlan2011-2015.pdf


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LIVING WAGE

Living wage requirements, do not apply because the requested action is not an agreement, contract, lease, or request to provide financial assistance within the meaning of the Living Wage Regulations.

ENVIRONMENTAL

This is not a project subject to analysis under the California Environmental Quality Act.

GENERAL PLAN

This action does not change the use of any existing facility or create new facilities, and therefore does not require a General Plan conformity determination pursuant to Section 727 of the City of Oakland Charter.

OWNER-CONTROLLED INSURANCE PROGRAM (OCIP) PROFESSIONAL LIABILITY INSURANCE PROGRAM (PLIP)

This action is not subject to the Port’s Owner Controlled Insurance Program (OCIP) or Professional Liability Insurance Program (PLIP) as it is not a capital improvement construction project or design project supporting such construction.

OPTIONS

1. Adopt a resolution finding energy storage systems are not viable or cost-effective for

the Port at this time; and direct staff to review viability and cost-effectiveness of energy storage systems with a report back to the Board by 2017 (3 years) as required by AB 2514. This is the recommended action.

2. Adopt a resolution finding energy storage systems are not viable or cost-effective for the Port at this time; and direct staff to review viability and cost-effectiveness of energy storage with a report to the Board on an annual basis.


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RECOMMENDATION

It is recommended that the Board:

1. Adopt a resolution finding energy storage systems are not viable or cost-effective for the Port at this time;

2. Adopt a resolution directing staff to continue looking for opportunities to implement energy storage systems; and

3. Adopt a resolution directing staff to report back to the Board of Port Commissioners by October 1, 2017 with an update on energy storage system procurement targets, if appropriate.


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Exhibit A Map of Port Electric Service Area


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SECTION 2. The Board hereby directs that:

On or before Octohe.r 1, 2017, staff shall review viability andcost effectiveness of energy storage systems and provide a report tothe Beard of its findinas and recommend the adoption of procurementtargets, if any, so that the Port will be in compiia with Assembly.31I 2514 and California Dublic Utilitie (cde Sect035, cc ceq

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BOARD MTG. DATE: 9/11/14

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AGENDA REPORT

TITLE Fiscal Year 2013/2014 On-Call Contract Usage Report and Authorization for the Executive Director to Execute Various On-Call Contracts

AMOUNT $19,800,000 - Total Not to Exceed Amount of Replacement Contracts

($18,300,000– in new solicitations & $1,500,000 in previously approved contracts)

REVENUE CAPITAL EXPENDITURE OPERATING

EXPENSE NON-OPERATING EXPENSE

PARTIES INVOLVED New solicitations - TBD

TranSystems Corporation, Oakland, CA Marian Rule Cope, Vice President

YEI Engineers, Inc., Oakland, CA Patrick R. Mallillin, Principal

Liftech Consultants, Inc., Oakland, CA Michael A. Jordon, CEO

Northgate Environmental, Oakland, CA Jane D. Chambers, President/CEO

Nordhav, Inc. dba BASELINE Environmental, Emeryville, CA Yane Nordhav, President

SUBMITTED BY Chris Chan, Director of Engineering


REQUESTED ACTION RESOLUTION / INFORMATIONAL

EXECUTIVE SUMMARY This Agenda Report summarizes the expenditures of the Port’s on-call professional services and public works contracts that were in effect during Fiscal Year 2013/2014. Additionally, it requests that the Board of Port Commissioners (Board) authorize the Executive Director (a) to execute various on-call public works and professional services contracts as replacements for current on-call contracts that are nearing expiration; (b) to execute one proposed new on-call professional services contract; and (c) to increase the contract amount and/or extend the contract duration of six existing on-call professional services contracts.


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APPLY

MARITIME AVIATION PROJECT LABOR AGREEMENT (MAPLA) X*



OWNER-CONTROLLED INSURANCE PROGRAM (OCIP) X**

* The MAPLA provisions apply only to the professional services contract for On-Call Material Testing & Construction

Inspection Services and the public works contract for On-Call Material Crushing. **The OCIP applies only as described in the OCIP section below.

BACKGROUND

On-call contracts provide significant time and cost savings and are an important tool to meet the Port’s operational needs by reducing processing time for contract solicitation, preparation and execution, and by providing the capability to quickly respond to business needs or funding opportunities. Subject to approval by the Board, on-call professional services contracts are established through the Request for Qualifications (RFQ) or Request for Proposals (RFP) process and on-call public works contracts are established through the public bidding process as outlined in Port Ordinance No. 1606. The on-call public works contracts are renewed through the authority of the Executive Director on an annual basis within the maximum term of the contract, typically three years. Each on-call contract also has a not to exceed expenditure limit approved by the Board. This agenda report continues the annual reporting effort first initiated in September 21, 2010 detailing the expenditures of on-call contracts that were in effect during the previous fiscal year. Additionally, in this Agenda Report, staff seeks authority to re-establish existing on-call contracts that will expire within the next 12 months for the not to exceed amounts described herein below, to establish a new on-call professional services contract for Electrical Testing and Engineering Services for the not to exceed amount described herein below, and to increase the contract amount and/or extend the contract duration of six existing on-call professional services contracts, as described below.

ANALYSIS

Fiscal Year 2013/2014 On-Call Contract Usage The On-Call Contract Usage Report for Fiscal Year 2013/2014 for public works and professional services is attached (Attachment A). Contract usage is triggered by


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incidences of work and issued as a work authorization (WA) or a technical service order (TSO) for public works contracts and professional services contracts, respectively. All incidences of work were issued within the approved budget authorities. Attachment A is an informational report requiring no Board action. The Board actions requested by this Agenda Report, as detailed below, consist of authorizations to execute certain future on-call contracts and authorizations to extend the terms of, and/or increase the maximum compensation for, certain existing on-call contracts. Also detailed below are the measures to be taken by Port staff to encourage small/local business participation in the on-call contracts for which bids/proposals will be solicited. Authorization to Award Future On-Call Contracts The on-call contracts listed in the following table include contracts that are expiring or nearing expiration within approximately one year, and one proposed new contract. Staff requests authorization to solicit bids for these contracts based on the RFQ/RFP process or the public works bid process, as applicable, and to award and execute each contract in accordance with Port Ordinance No. 1606 for an amount not to exceed the proposed expenditure limit and for a duration not to exceed the maximum term listed in the table. Staff will submit informational reports to the Board summarizing the results of the bid process for all listed contracts. This streamlined approach to authorizing the bid and award of on-call contracts, in lieu of submitting a separate Board agenda report for each expiring contract, was initiated in September 21, 2010, in order to economize staff resources and expedite the contract establishment process. Staff believes that it is in the best interests of the Port to continue to utilize this streamlined approach and to continue the past practice of delegating to the Executive Director the authority to resolve bid protests, if any. The annual expenditure of each of the listed contracts may vary, but in no case will the total combined expenditures per contract exceed the expenditure limit specified for the term of the contract, unless such increase is subsequently approved by the Board of Port Commissioners. This Board action only establishes the contractual authority to execute the contracts. Each incidence of work will be authorized only with available approved operating budget or capital budget.

Contract

Previously Authorized

Expenditure Limit

Proposed Expenditure

Limit

Previous Contract

Term

Proposed Contract

Term

Type of Contract

On-Call Construction Management Services

$4,500,000 (Increased from

$1,500,000)1 $3,000,000

Approx. $1,000,000

per year 4 years1 3 years Consultant

On-Call Material Testing & Construction Inspection Services

$2,200,000 (increased from

$1,200,000)2 $1,500,000

Approx. $500,000 per year

3 years 3 years Consultant


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Contract

Previously Authorized

Expenditure Limit


Limit

Previous Contract

Term

Proposed Contract

Term

Type of Contract

On-Call Electrical Testing & Engineering Services

N/A (New Contract)

$900,000


N/A 3 years Consultant

On-Call Engineering Design Services3

$8,200,0004 $6,000,000 Approx.

$2,000,000 per year

5 years4 3 years Consultant

On-Call Hydrographic Surveying & Mapping Services

$450,000 $450,000 Approx.

$150,000 per year


On-Call Land Surveying & Mapping Services

$4,000,000 $600,000 Approx.

$200,000 per year

N/A5 3 years Consultant

On-Call Asbestos and Lead Paint Consulting Services (three contracts)

$300,000 per contract

$250,000 per contract


per contract

N/A5 3 years Consultant

On-Call Crane Structural Inspection & Material Testing

$1,200,000 $1,200,000 Approx.

$400,000 per year


On-Call Sanitary Sewer Inspection & Cleaning

$750,000 $300,000 Approx.

$100,000 per year

3.5 years 3 years Public Works

On-Call Material Crushing $1,200,000 $750,000 Approx.

$250,000 per year

3.5 years 3 years Public Works

Maintenance of Elevators, Escalators & Moving Walkways

$1,200,000 $1,500,000 Approx.

$300,000 per year

5 years 5 years Public Works

On-Call Crane Rigging & Repair

$1,575,000 $1,350,000 Approx.

$450,000 per year

3.5 years6 3 years Public Works

1 Original Board approved contract expenditure limit was increased to the current amount of $4,500,000 and the contract term extended by one year by the Board on 6/7/12 and 9/26/13 via Resolutions Nos. 12-72 and 13-101 respectively.

2 Original Board approved contract expenditure limit was increased to the current amount of $2,200,000 by the Board on 9/26/13 via Resolution No. 13-100.

3 Referenced in previous fiscal year on-call contract reports as the “On-Call Airport Engineering Design Services contract”.

4 Reduced from original authorized amount by Resolution No. 10-44 and term extended 2 years by Resolution No. 12-08; see report section “Authorization to Increase the Contract Amount and/or Extend the Term of Various Existing Contracts” below for details.

5 Terminates when expenditure limit is reached. 6 Contract period was scheduled to run from January 1, 2013 through June 30, 2016; however, the contractor has

indicated that it will decline to renew the contract beyond June 30, 2015.

On-Call Construction Management Services The work of the On-Call Construction Management Services contract includes providing on-call construction management services in support of the Engineering Division’s implementation of various current and future construction projects at various Port facilities. The RFQ will include a provision to award to more than one consultant to ensure consultant availability.


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On-Call Material Testing & Construction Inspection Services The work of the On-Call Material Testing and Construction Inspection Services contract includes field testing, sampling, and laboratory testing for soils, aggregates, asphalt concrete, Portland cement concrete, steel reinforcing, masonry, metals, welding, and bolting, and performing inspections on Port construction projects. The RFP will include a provision to award to more than one consultant to ensure consultant availability. On-Call Electrical Testing & Engineering Services The work of the On-Call Electrical Testing & Engineering Services contract consists of electrical engineering testing, power distribution coordination, protection engineering, design support, revenue/non-revenue utility meter calibration and technical consulting services to enhance the reliability of the electrical power distribution system at the Airport and the Maritime Area. The RFQ will include a provision to award to more than one consultant to ensure consultant availability. On-Call Engineering Design Services The work of the On-Call Engineering Design Services contract consists of providing as-needed analysis, design and preparation of plans and specifications for pavement and other improvement projects at the Oakland International Airport and at the Maritime and Commercial Real Estate areas. Associated work may include geotechnical work, planning and preparation of engineering studies and reports. For this contract, since a majority of work anticipated will be associated with improvement projects at the Oakland International Airport which are typically funded by the Federal Aviation Administration (FAA), the RFQ process will solicit and evaluate proposals based on both the Port’s Non Discrimination and Small Local Business Utilization Policy and the Disadvantaged Business Enterprise (DBE) federal provisions. This approach will provide the flexibility to utilize engineering design services on federally funded as well as non-federally funded projects. Port staff anticipates executing a total of six agreements, three of them subject to the DBE provisions and three subject to the Non Discrimination and Small Local Business Utilization Policy. On-Call Hydrographic Surveying & Mapping Services The work of the On-Call Hydrographic Surveying & Mapping Services contract consists of providing support to the Port’s berth dredging efforts by performing hydrographic assessment surveys to determine dredging priorities, to confirm that the required dredging depths have been reached, and to calculate dredge material quantities for measurement and payment. On-Call Land Surveying & Mapping Services The work of the On-Call Land Surveying & Mapping contract consists of providing support to the Port Land Surveyor by performing property-related surveys, topographic-related


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surveys, construction-related surveys, photogrammetry and aerial photography, special exhibits and thematic mapping, and other surveying and mapping services as required. Per the provisions of Board Resolution No. 05046, dated February 5, 2005, no expiration date was established for this contract; the contract was to expire when the authorized maximum amount was spent. Since the Port’s 2008 reorganization, most of the construction related surveys are performed under professional services contracts for project design services. For this reason, the authorized maximum has not yet been spent. However, in order to bring this contract in line with the Board’s current practice of authorizing contracts with maximum contract periods, typically a maximum period of three years, staff is requesting authorization to solicit new proposals at this time. On-Call Asbestos and Lead Paint Consulting Services The work of the On-Call Asbestos and Lead Paint Consulting contract includes performing hazardous materials surveys, providing oversight of hazardous material abatement, identification of certain hazardous materials (such fluorescent lights, PCBs, mercury light switches, refrigerants and hydraulics), and providing health and safety-related services associated with hazardous materials (including but not limited to indoor air quality, mold assessments and training). The RFP will include a provision to award contracts to up to three consultants in order to insure consultant availability. On-Call Crane Structural Inspection & Material Testing The work of the On-Call Crane Structural Inspection & Material Testing contract consists of providing periodic structural inspection of the Port cranes to help maintain their structural integrity. The RFP will include a provision to award to more than one consultant to insure consultant availability. On-Call Sanitary Sewer Inspection & Cleaning The work of the On-Call Sanitary Sewer Inspection & Cleaning contract consists of inspecting, cleaning and performing minor repairs to the Port sanitary sewer collection system, in accordance with the requirements of the Sewer System Management Plan (SSMP) approved and adopted by the Board on May 18, 2010 pursuant to the requirements of the State Water Resources Control Board Order No. 2006-0003. With regard to the On-Call Sanitary Sewer Inspection & Cleaning contract, the preference would be to continue past practice of dispensing with standard bidding and executing a contract with a Small Business Enterprise (SBE), as defined by the Port’s Small/Local Business Utilization Policy. This would allow an SBE contractor to gain valuable experience in public sector work.


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On-Call Material Crushing The work of the On-Call Material Crushing contract consists of general support of the Port’s Materials Management Program (MMP), including stockpiling and crushing large quantities of concrete and asphalt resulting from construction projects in the Maritime and Aviation areas to produce aggregate base, engineered fill, drain rock, and other products for use by the Port and its tenants on future projects. Maintenance of Elevators, Escalators and Moving Walkways The work of the contract for Maintenance of Elevators, Escalators and Moving Walkways consists of furnishing maintenance and on-call service for elevators, escalators, moving walkways, vertical conveyors and wheelchair lifts at the Oakland International Airport and the Maritime area. The work of this contract is critical to maintaining safe and reliable operation of these conveyances. The process of renewing this contract, in cases in which it results in the transfer of the contract from one firm to another, is subject to costs and demands on staff time above and beyond the usual demands on staff resources that are associated with familiarizing a new contractor with Port facilities and operations. The Elevator Maintenance contractor is paid a set monthly fee; the contactor receives no payments in addition to said fee.1 This payment arrangement ensures that the contractor has an incentive to diligently perform all required and scheduled system maintenance, thereby minimizing the number of breakdowns for which the contractor must respond to a service call for no additional charge. For this approach to work, however, prior to the start of the contract period, the successful bidder must be allowed to inspect the current state of the conveyance systems and to identify any major problems or deficiencies, so that any needed repairs and upgrades can be made to bring the system into compliance before the new contractor assumes responsibility. As a result, each time the bid solicitation process results in the transfer of maintenance responsibility to a new contractor, the Port will typically incur additional costs associated with preparing the conveyances for said transfer of responsibility. In light of the above, in order to minimize the additional demands on Port resources associated with the reestablishment of the elevator contract, staff requests that the Board authorize a 5 year maximum contract term for this contract, in lieu of the 3 year term typical of other annual contracts. Furthermore, historically, the re-establishment of the contract for Maintenance of Elevators, Escalators and Moving Walkways has presented unique challenges. Contract execution has sometimes been delayed due to bidders qualifying their bids and demanding

1 Except, of course, in cases of damage caused by improper use, vandalism or acts of nature.


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alterations in the terms of the agreement. If the lowest responsible bidder on a project does not execute a contract agreement and/or if the bidders qualify their bids, staff typically is required to return to the Board to reject all bids and rebid the project. The rebid process not only results in additional staff costs to the Port, but also would, in the case of this contract, entail the risk that the existing contract might expire before a new contract is in place, leaving conveyance systems out of service or in poor condition and thereby affecting Airport and Maritime operations. In order to minimize the risk of interruptions in elevator and other conveyance system services, staff requests that the Board continue its past practice2 of granting authorization to the Executive Director to reject all bids for the Elevator Maintenance Contract, dispense with standard bidding and negotiate and execute a contract, if necessary. Staff further requests that the Board grant authorization to the Executive Director to enter into a new short term contract with the current elevator contractor, Kone, Inc., under the terms and conditions of the existing contract for up to six months, in the event that staff is unable to execute a new contract prior to the expiration of the current contract. On-Call Crane Rigging & Repair The work of the On-Call Crane Rigging & Repair contract consists of providing labor, supervision, tools, equipment, materials, mobile cranes, rigging and scaffolding required to make any necessary repairs to the container cranes. The work also includes the spot painting of areas of failed/damaged paint and touch-up of tested or repaired areas. The bidding documents will include a provision to award to more than one contractor to ensure contractor availability. Authorization to Increase the Contract Amount and/or Extend the Term of Various Existing Contracts In addition to the above-listed authorizations to establish new contracts, staff requests authorization to execute supplemental agreements to the following existing professional services contracts, extending the contract duration and/or increasing the expenditure limit for said contracts, as specified below.

Contract Consultant/

Location Small/Local

Certification*

Current Expenditure

Limit


Limit

Current

Expiration

Proposed Expiration

On-Call Airport Engineering Design Services

TranSystems Oakland, CA

LIABE $550,000 $950,000 6 May 2015 30 June 2016

On-Call Electrical, Mechanical & Low-Voltage Design

YEI Engineers, Inc. Oakland, CA

LIABE SBE

$1,000,000 (no change) 2 Nov 2014 2 Nov 2016

2 Established in Board Resolution No. 09150, dated October 6, 2009.


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Contract Consultant/

Location Small/Local

Certification*

Current Expenditure

Limit


Limit

Current

Expiration

Proposed Expiration

On-Call Crane Related Structural Engineering

Liftech Consultants Inc. Oakland, CA

LIABE SBE

$100,000/year $200,000/year

31 Dec 2014

31 Dec 2017

On-Call Environmental Compliance Services

Northgate Environmental Oakland, CA

LIABE SBE

$500,000 $600,000 4 Sep 2015 31 Dec 2017

On-Call Environmental Compliance Services

Nordhav Inc, dba BASELINE Environmental Emeryville, CA

LIABE SBE

$600,000 $800,000 31 Dec 2017

(no change)

On-Call Environmental Services for the former OAB

Nordhav Inc, dba BASELINE Environmental Emeryville, CA

LIABE SBE

$2,310,000 $2,510,000 20 Jul 2016 (no change)

* LIABE [Local Impact Area Business Enterprise] = located in Oakland, Alameda, Emeryville or San Leandro;

SBE [Small Business Enterprise] = three year average annual gross revenue of $14,000,000 or less

On-Call Airport Engineering Design Services On May 6, 2008, the Board authorized the preparation and execution of agreements for “On-call Engineering Design Services for Pavement Analysis and Improvement Projects at the Oakland International Airport” with eleven of the firms which submitted proposals for said work. Each contract was to be for a maximum compensation of $850,000 over a five year period commencing May 6, 2008 and ending May 6, 2013 (Resolutions 08092 – 08102). Subsequently, on May 4, 2010, the Board reduced the maximum compensation for each firm by various amounts, to a total combined amount of $8,200,000 (Resolution 10-44). As of September 2012, contracts had been executed with seven of the eleven firms; the amount of work performed prior to that date did not necessitate executing contracts with the remaining four. On September 6, 2012, by Resolution No. 12-108, the Board authorized a two-year extension of the contract time for each of the remaining four firms (AMEC, URS Corporation, TranSystems, and TY Lin International), bringing the new contract expiration date for these firms to May 6, 2015. The authorized expenditure limit for each such contract was $550,000. These contract extensions did not entail any increase in the total combined amount approved by the Board on May 4, 2010. Staff is requesting authorization to extend the contract duration and increase the contract amount of the Port’s agreement with one of the remaining four, TranSystems, in order to provide construction support for the TSA-mandated Explosives Detection System (EDS) Recapitalization project at Terminal 2. On September 20, 2012, by Resolution No. 12-122, the Board authorized the Executive Director to enter into an Other Transaction Agreement (OTA) with the TSA to fund design services for the recapitalization of the existing checked-baggage EDS at Terminal 2, and


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further authorized the Executive Director to execute a TSO with one of the Port’s on-call consultants to provide said services. The TSO was executed with TranSystems, under the On-Call Airport Engineering Design Services contract. On September 12, 2013, by Resolution No. 13-93, the Board authorized the Executive Director to enter into a second OTA with the TSA to fund construction of the project. Port staff would like to retain the services of TranSystems for the construction phase of the project. In addition to the review of submittals, requests for information, and proposed change orders, construction support services will include having a Field Engineer on site for the majority of construction activities throughout the planned 18-month duration of the construction period. Port staff considered hiring a new consultant through the RFP/RFQ process for the construction support work. However, staff concluded that this option would introduce unnecessary delays to the construction phase because of the time needed to select and contract with a new consultant. More importantly, Port staff recommends utilizing the existing design team for construction support services due to the specialized testing and building systems integration expertise needed for the installation of the baggage handling and explosive detection systems. Therefore, staff requests authorization to execute a supplemental agreement to the existing contract with TranSystems, increasing the maximum compensation by $400,000 to cover the anticipated cost of construction support, including contingency. The original schedule for this project anticipated a completion of construction by March 17, 2015. Due to an unanticipated delay in the TSA’s review of the draft project documents, final completion will be delayed by at least nine months, and perhaps longer, since the TSA review has not yet commenced, nor has the TSA provided a timetable for completion of its review process. In light of the existing delay to the contract schedule and the possibility of further delays, staff requests authorization to extend the contract period for TranSystems’ contract through June 30, 2016. On-Call Electrical, Mechanical and Low-Voltage Design On May 4, 2010, by Resolution No. 10-48, the Board authorized the execution of one or more contracts for “On-Call Electrical, Mechanical, and Low Voltage Systems Engineering Services at the Port of Oakland,” for a combined total amount of $1,000,000. Subsequently, one such contract was executed, with YEI Engineers, Inc. To date, approximately one quarter of the Board-authorized amount has been expended. This contract has been and continues to be a valuable resource for Engineering to supplement staff to meet the needs of both the Aviation and Maritime Divisions. YEI Engineers has been providing responsive service to the Port’s needs, for projects in both Divisions. Extending the existing contract with YEI would obviate the need to commit considerable staff resources to preparation of a new RFP, evaluating the new proposals, and negotiating and preparing new contracts.


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Therefore, staff requests Board authorization to execute a supplemental agreement, extending the Port’s existing contract with YEI for a period of no more than two years, with no increase in the current contract expenditure limit. On-Call Crane Related Structural Engineering On October 27, 2011, by Resolution No. 11-141, the Board accepted staff’s recommendation to approve a supplemental agreement with Liftech Consultants, Inc. (LCI), extending for three years the Port’s contract with LCI for “On-Call Crane Related Structural Engineering Including Urgent and Emergency Work for Port Container Cranes.” Said extended contract expires on December 31, 2014. The Board Agenda Report associated with Resolution 11-141 noted that “Many of the structural features of Port container cranes are of a specialized nature and are specific to Port needs and conditions. The cranes require special structural engineering technical expertise and computer analysis programs, capabilities which the Port does not currently have in-house” and further noted that allowing expiration of the contract “would impact responsiveness and operational continuity and/or increase the cost of providing such response.” Regarding LCI’s qualifications and performance, said Agenda Report noted that “LCI is very experienced in the structural design and construction of container cranes worldwide and has performed such design and construction support on many of the Port’s existing cranes. They provide consulting services on marine terminals all over the world including crane design and wharf design.” Additionally, it noted that, being a Port-certified Small Business Enterprise (SBE) and Local Impact Area (LIA) firm, LCI “fulfills the Port's non discrimination small and local business utilization policy.” Given that there is no other consulting firm specializing in container crane design in the State of California, issuing a new Request for Proposals therefore “would not yield better results in complying with the Local Business Utilization Policy(.)” All of the above conditions still apply; for that reason, Staff recommends that the Board authorize a supplemental agreement with LCI, extending the existing contract for an additional three year period. Staff further requests an increase in LCI’s maximum compensation for this contract, to cover a significant increase in the scope of work to be performed under the contract in the next three years. Stevedoring Services of America (SSA), the current Maritime tenant at Oakland International Container Terminal (OICT), Berths 55-59, plans to raise the height of six of the Port-owned cranes. This work is being contracted by SSA; the design, fabrication and assembly will be done by others. In order to assure the structural integrity and functionality of the cranes, the Port will provide independent design review and construction oversight for this work. The structural design review and oversight will be performed by LCI. As this work is over and above the usual scope of on-call work performed by LCI, additional costs beyond the


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current annual contract limit will be incurred. Therefore it is requested that the annual limit be increased from $100,000 to $200,000. The cost of the work is already included in the capital budget for OICT. This work is expected to occur over the years 2014-2017. On-Call Environmental Services Contracts In addition to the above contracts managed by Engineering Design and Crane Maintenance, the Environmental Programs and Planning Division (EP&P) has several on-call contracts in place that support projects expected to extend beyond the existing contract authority and/or term. These contracts help Port staff manage on-going work at the former Oakland Army Base and the Embarcadero Cove remediation site, or serve as expert resources regarding legacy pollution and hazardous waste. Increasing the contract authority and/or term of these following contracts will allow uninterrupted environmental compliance services for these projects. On-Call Environmental Compliance Services On September 4, 2007, by Resolution No. 07235, the Board authorized the execution of a contract with Northgate Environmental Management, Inc. for “On-call Environmental Compliance Services,” with a maximum compensation of $500,000. The current expiration date for this contract is September 4, 2014. The contract amount is nearly depleted. One of the projects to which this consultant was assigned, the so-called Embarcadero Cove remediation site, has a long history of regulation and remediation. In addition, the Port shares responsibility and costs for site management with another Responsible Party. The other Responsible Party agrees that site management stability is valuable. In order to maintain continuity and reduce overall costs, Port staff requests authorization to execute a supplemental agreement with Northgate Environmental Management, Inc., increasing the authorized expenditure limit from $500,000 to $600,000 and extending the contract expiration date to December 31, 2017, at which time, management of the site would be reassessed. On December 20, 2012, by Resolution No. 12-174, the Board authorized the execution of multiple contracts for environmental planning and compliance services, among them a contract with Nordhav, Inc., dba BASELINE Environmental Consulting, for “On-Call Environmental Compliance Services.” The authorized expenditure limit for each such contract was $600,000. The BASELINE Environmental contract amount is nearly depleted. This Consultant has broad knowledge of legacy pollution conditions on Port property. One of their assigned tasks is to provide advice and consultation on issues where they have special or historical knowledge, saving staff time and consultant expenses. Port staff would like to continue to have access to BASELINE Environmental for this purpose. For that reason, staff requests authorization to execute a Supplemental Agreement with Nordhav, Inc., dba BASELINE Environmental Consulting, increasing the expenditure limit for this contract from $600,000 to $800,000, with no change to the scheduled expiration date of December 31, 2017.


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On-Call Environmental Services for Former OAB On October 2, 2001, by Resolution No. 01377, the Board authorized the execution of a contract with Nordhav, Inc., dba BASELINE Environmental Consulting, for “As-Needed Consulting Services Related to the Investigation, Remediation and Reporting Regulatory Requirements on the Former Oakland Army Base.” In subsequent years, by Resolutions No. 07015, 10-86 and 14-47, the Board authorized a series of supplemental agreements that extended the contract duration to July 20, 2016 and increased the maximum contract amount to $2,310,000. This consultant has deep knowledge of the current and historical complexity of the Oakland Army Base development projects and associated requirements for clean-up and soil management, as well as a strong relationship with the State regulatory agency responsible for Base development. Port staff would like to continue to have access to BASELINE Environmental as a compliance resource. Therefore, staff requests authorization to execute a supplemental agreement with Nordhav, Inc., dba BASELINE Environmental Consulting, increasing the expenditure limit for this contract from $2,310,000 to $2,510,000, with no change to the scheduled expiration date. Local Business Utilization Based on the funding source, the Port’s Non-Discrimination and Small Local Business Utilization Policy (NDSLBUP) will be applied to the new contracts listed above. The Social Responsibility Division will work closely with Engineering to ensure outreach and analysis in the accordance with the Non Discrimination and Small Local Business Utilization Policy. The Port will conduct outreach in the following way:

• Outreach to firms in the Port’s certified database (representing local/small businesses)

doing business within the identified categories prior to the pre-bid meeting: − Construction Management − Material Testing − Construction Inspection Services − Structural Inspection − Sewer Video Inspection − Civil Engineering − Electrical Engineering − Rock Crushing/Concrete Recycling − Elevator Maintenance − Surveying − Mapping − Environmental Regulatory Compliance


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• Sharing the Port certified list of firms with prime contractors at the pre-bid/pre-proposal

conference. • Prior to pre-bid, Email blasts to trade associations, industry groups, chambers and

workforce community based organizations: (e.g., West Oakland Job Resource Center, Alameda County Building & Construction Trades, Women in Trades Council, Oakland Black Board of Trade & Commerce, Oakland Chinatown Chamber, Unity Council, Cypress Mandela Training Center, etc.).

• Port website announcement of the contract opportunity. • Information sharing and education of requirements, goals, resources (e.g., certification

and technical assistance) and expectations as part of the pre-bid meeting and information packet provided to potential bidders.

E-blasts will be shared with sister agencies (i.e., City of Oakland, County of Alameda, Caltrans, Alameda County Transportation Authority, et al), and construction clearinghouses.

BUDGET & STAFFING

Cost of the capital work performed under these contracts will be charged to approved capital project budgets. Expense and major maintenance work under these contracts will be performed on an as-needed basis and charged to approved operating budgets. The Port Divisions include line items in their budgets for the type of work anticipated to be performed under these contracts. The specific budget or funding source will be determined as the need for various improvements arises.

In either case, if no approved funding source is found, the work will not be performed. It is anticipated that these projects can be accomplished within the current Port staffing levels.


Professional services contract for On-Call Material Testing & Construction Inspection Services:

This contract is for professional services for construction testing and inspection, and the provisions of the Maritime and Aviation Project Labor Agreement (MAPLA) apply to this work.


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Professional services contracts for On-Call Construction Management Services; On-Call Electrical Testing & Engineering Services; On-Call Airport Engineering Design Services; On-Call Hydrographic Surveying & Mapping Services; On-Call Land Surveying & Mapping Services; On-call Asbestos and Lead Paint Consulting Services; and On-call Crane Structural Inspection & Material Testing:

These contracts are for professional services that do not include testing and inspection related to construction work, and the provisions of the MAPLA do not apply to this work.

Public works contract for On-Call Material Crushing:

The provisions of MAPLA apply to this work. Public works contracts for On-Call Sanitary Sewer Inspection & Cleaning; Maintenance of Elevators, Escalators and Moving Walkways; and On-Call Crane Rigging & Repair:

These projects are not for “major maintenance” within the meaning of MAPLA and are not part of the Port’s Capital Improvement Program (CIP). The provisions of MAPLA do not apply to this work.

STRATEGIC PLAN

The action described herein would help the Port achieve the following goals and objectives in the Port’s Strategic Plan (http://www.portofoakland.com/pdf/about/strategicPlan2011-2015.pdf):

Goal A: Objective 3: Increase revenue, job creation and small business growth. Goal D: Objective 2: Minimize expenditures and focus on core services.

LIVING WAGE

Professional services contracts:

Living Wage requirements, in accordance with the Port’s Rules and Regulations for the Implementation and Enforcement of the Port of Oakland Living Wage Requirements (the “Living Wage Regulations”), do not apply to these agreements, as the consultants will employ fewer than 21 employees working on Port-related work. However, the consultants will be required to certify that should living wage obligations become applicable, the consultants shall comply with the Living Wage Regulations.


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Public works contracts:

Living wage requirements, in accordance with the Port’s Rules and Regulations for the Implementation and Enforcement of the Port of Oakland Living Wage Requirements (the “Living Wage Regulations”), do not apply because the contracts are construction contracts covered by state prevailing wage rules and the prevailing rate of wage is higher than the wage required by the Living Wage Regulations.

ENVIRONMENTAL

The proposal to authorize the Executive Director to take the proposed actions related to bidding and contracting for on-call contracts was reviewed in accordance with the requirements of the California Environmental Quality Act (CEQA) and the Port CEQA Guidelines. The general rule in Section 15061(b)(3) of the CEQA Guidelines states that CEQA applies only to activities that have a potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that authorizing the Executive Director to award and execute new and supplemental on-call agreements will result in a physical change in the environment, and therefore those actions are not subject to CEQA.

Some of the activities that may be performed using services obtained through these new or supplemented agreements include:

• Inspection and testing services (material testing and construction inspection, electrical testing and engineering, hydrographic surveying and mapping, land surveying and mapping, crane structural inspection and material testing)

• Maintenance and repair services (maintenance of elevators, escalators and moving walkways, sanitary sewer inspection and cleaning, crane rigging and repair)

• Design services (engineering design, electrical, mechanical and low-voltage design, crane related structural engineering)

• Construction-related services (construction management services, material crushing)

• Environmental compliance services (asbestos and lead paint consulting, former Oakland Army Base compliance, other compliance)

Such activities are categorically exempt from the requirements of CEQA pursuant to:

• Section 15301 - operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features with negligible or no expansion of use beyond that previously existing;

• Section 15302 - replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced;


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• Section 15303 - construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure;

• Section 15304 - minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes;

• Section 15306 - basic data collection, research, experimental management and resource evaluation activities that do not result in a serious or major disturbance to an environmental resource;

• Section 15309 - activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project;

• Section 15311 - construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities; and

• Section 15330 - minor cleanup actions to prevent, minimize, stabilize, mitigate or eliminate the release or threat of release of hazardous waste or substances.

Some of the services will support projects that have already been approved by the Board, including material crushing services that support the Port’s Materials Management Program (Resolutions 04244, 05078 and 07313) and environmental compliance services that support remediation and construction activities on the former Oakland Army Base (Resolutions 02317 and 12-76). When other types of specific activities that will be performed using services obtained through these agreements are identified, staff will determine whether further environmental review is required at that time. It is anticipated that additional activities will fall into one of the following categories:

• The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15060(c)(2)), because it is not a project as defined by CEQA (Sections 15060(c)(3) and 15378), or because it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (Section 15061(b)(3)).

• The activity is covered by an existing CEQA determination that has already been approved by the Board. Such activities must be compatible with the existing CEQA project description and comply with any adopted mitigation measures.

• The activity requires additional CEQA evaluation. In this case, a project using the services obtained through these agreements may be brought back to the Board for approval of CEQA findings.

In addition, activities on any site listed pursuant to Section 65962.5 of the Government Code (“hazardous waste” or “Cortese” site) must be reviewed by Environmental Programs and Planning staff to ensure CEQA and regulatory agency compliance.


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GENERAL PLAN


These contracts are for professional services and will not directly include any alteration of property. Development projects that result from these professional services will be subject to separate findings of conformity with the City of Oakland General Plan in accordance with Section 727 of the Charter.

Public works contract for On-Call Material Crushing:

This contract supports existing construction contracts for projects that have been determined to conform to the transportation designation of the General Plan.

Public works contracts for On-Call Sanitary Sewer Inspection and Cleaning; Maintenance of Elevators, Escalators and Moving Walkways; and On-Call Crane Rigging & Repair:

The work of these contracts is limited to maintenance of existing facilities being used in conformance with the General Plan, and will not change the existing use of any facilities.



Professional services contracts that are related to capital improvement projects shall be covered within the terms and provisions of the PLIP (Professional Liability Insurance Program) established by the Port. The consultant will be required to provide insurance in accordance with contract documents for projects that are not related to the capital improvement projects and not covered by PLIP.

Public works contracts:

In general, the work of these contracts is not associated with a capital improvement construction project. Therefore, these contracts do not fall within the scope of the Port of Oakland Owner Controlled Insurance Program (OCIP) and the provisions of OCIP will not apply. The contractors will be required to provide insurance in accordance with the contract documents. However, should any portion of the work of any of these contracts be performed within the OCIP scope and funding, each of the respective Project Manuals contains contract provisions to provide OCIP coverage for said work.


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OPTIONS

1. Approve all recommendations as outlined below. This would reduce processing time for

contracts and enhance the Port’s ability to quickly respond to business needs or funding opportunities. This is the recommended option.

2. Selectively approve one or more of the recommendations. 3. Reject all the recommendations. The on-call contracts nearing expiration may expire

prior to the establishment of replacement contracts. Staff would seek individual Board approval to solicit proposals and execute each of the proposed on-call replacement contracts. However, this would increase the time to establish the contracts and require additional staff resources; and might result in delays in the ability to respond efficiently to urgent work and business opportunities.

RECOMMENDATIONS

1. Adopt a resolution authorizing the Executive Director to execute on-call professional services agreements based on the standard RFQ/RFP process in accordance with Port Ordinance No. 1606 for On-Call Construction Management Support Services at the Port of Oakland with one or more consultants at a combined maximum compensation of $3,000,000 for a contract period not to exceed three (3) years.

2. Adopt a resolution authorizing the Executive Director to execute on-call professional

services agreements based on the standard RFQ/RFP process in accordance with Port Ordinance No. 1606 for On-Call Material Testing & Construction Inspection Services with one or more consultants at a combined maximum compensation of $1,500,000 for a contract period not to exceed three (3) years.

3. Adopt a resolution authorizing the Executive Director to execute an on-call

professional services agreement based on the standard RFQ/RFP process in accordance with Port Ordinance No. 1606 for As-Needed Electrical Testing and Engineering Services at Oakland International Airport and Maritime Area with one or more consultants at a combined maximum compensation of $900,000 for a contract period not to exceed three (3) years.


services agreements based on the standard RFQ/RFP process in accordance with Port Ordinance No. 1606 for On-call Engineering Design Services for Improvement Projects at the Oakland International Airport and the Maritime and Commercial Real Estate Areas with one or more consultants at a combined maximum compensation of $6,000,000 for a contract period not to exceed three (3) years.


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5. Adopt a resolution authorizing the Executive Director to execute an on-call professional services agreement based on the standard RFQ/RFP process in accordance with Port Ordinance No. 1606 for On-Call Hydrographic Surveying & Mapping Services with one consultant at a maximum compensation of $450,000 for a contract period not to exceed three (3) years.

6. Adopt a resolution authorizing the Executive Director to execute an on-call

professional services agreement based on the standard RFQ/RFP process in accordance with Port Ordinance No. 1606 for On-Call Professional Land Surveying and Mapping Services with one consultant at a maximum compensation of $600,000 for a contract period not to exceed three (3) years.


services agreements based on the standard RFQ/RFP process in accordance with Port Ordinance No. 1606 for On-Call Asbestos and Lead Paint Consulting Services with up to three consultants at a maximum compensation for each such contract of $250,000 for a contract period not to exceed three (3) years.


services agreements based on the standard RFQ/RFP process in accordance with Port Ordinance No. 1606 for On-Call Crane Structural Inspection and Material Testing with one or more consultants at a combined maximum compensation of $1,200,000 for a contract period not to exceed three (3) years.

9. Adopt a resolution authorizing the Director of Engineering to approve the Project

Manual and authorizing the advertisement for bids for Furnishing Labor, Materials and Equipment for Inspecting and Cleaning Port of Oakland Sanitary Sewers for the Period Commencing July 1, 2015 and Ending June 30, 2016, 2017 or 2018 for a maximum period of three (3) years, renewable in one-year increments, in an amount not to exceed $300,000 for the three-year term of the contract; and

conditional on staff’s ability to identify at least three (3) Port-certified Small Business Enterprise (SBE) contractors willing and able to bid on this contract, authorizing the Executive Director to include the work in the Port's Small Business Program, to dispense with standard bidding procedures, and to execute a contract for said work for said contract duration and maximum compensation with a Port-certified SBE contractor if an acceptable SBE bid is received; and further authorizing the Executive Director, if necessary, to reject all bids and negotiate and execute a contract for said work for said contract duration and maximum compensation; or alternately

in the event that staff is unable to identify at least three (3) SBE contractors willing and able to bid on this contract, authorizing the Executive Director to execute a contract for said work for said contract duration and maximum compensation with the lowest responsible responsive bidder, based on standard bidding procedures; and further authorizing the Executive Director, if necessary, to reject all bids and


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negotiate and execute a contract for said work for said contract duration and maximum compensation.


Manual, authorizing the advertisement for bids, and authorizing the Executive Director to award a contract for Furnishing Labor and Equipment for On-Call Material Crushing Services for the Period Commencing July 1, 2015 and Ending June 30, 2016, 2017 or 2018 for a maximum period of three (3) years, renewable in one-year increments, to the lowest responsible responsive bidder in an amount not to exceed $750,000 for the three-year term of the contract; and further authorizing the Executive Director, if necessary, to reject all bids and negotiate and execute a contract for said work for the maximum period and not-to-exceed amount listed above.


Manual, authorizing the advertisement for bids, and authorizing the Executive Director to award a contract for Furnishing Maintenance and On-Call Service for Various Elevators, Escalators and Moving Walkways at Port of Oakland Facilities for the Period Commencing January 1, 2015 and Ending December 31, 2015, 2016, 2017, 2018 or 2019 (Elevator Maintenance Contract) for a maximum period of five (5) years, renewable in one-year increments, to the lowest responsible responsive bidder in an amount not to exceed $1,500,000 for the five-year term of the contract; and further authorizing the Executive Director, if necessary, to reject all bids and negotiate and execute a contract for said work for the maximum period and not-to-exceed amount listed above.

12. Adopt a resolution authorizing the Executive Director, in the event that staff is unable

to execute the above Elevator Maintenance Contract prior to the expiration date of the current elevator maintenance contract, to dispense with standard bidding and execute a new, short-term contract for the work with Kone, Inc., under the same terms and conditions as the current contract for Furnishing Maintenance and On-Call Service for Various Elevators, Escalators and Moving Walkways at Port of Oakland Facilities for the Period Commencing January 1, 2010 and Ending December 31, 2010, 2011, 2012, 2013 or 2014, for a period not to exceed six months and in an amount not to exceed $150,000.


Manual, authorizing the advertisement for bids, dispensing with standard bidding procedures, and authorizing the Executive Director to award up to three contracts for Rigging and Repair of Port of Oakland Cranes for the Period Commencing July 1, 2015 and Ending June 30, 2016, 2017 or 2018 for a maximum period of three (3) years, renewable in one-year increments, in a total combined contract amount not to exceed $1,350,000 for the three-year term of the contract; and further authorizing the Executive Director, if necessary, to reject all bids and negotiate and execute a contract for said work for the maximum period and not-to-exceed amount listed above.


37


22

14. Adopt a resolution authorizing the Executive Director to execute a supplemental agreement to the existing contract with TranSystems for On-Call Engineering Design Services for Pavement Analysis and Improvement Projects at the Oakland International Airport (On-Call Airport Engineering Design Services), increasing the contract expenditure limit by $400,000 and extending the contract period through June 30, 2016.

15. Adopt a resolution authorizing the Executive Director to execute a supplemental

agreement with YEI Engineers, Inc. extending through November 1, 2016 the contract period of the current contract for On-Call Electrical, Mechanical, and Low Voltage Systems Engineering Support Services at the Port of Oakland for the same terms and conditions, with no increase in the current contract expenditure limit.


agreement with Liftech Consultants, Inc. extending the contract period of the current contract for On-Call Crane Related Structural Engineering Including Urgent and Emergency Work for Port Container Cranes for the same terms and conditions for a period not to exceed three (3) years, for a maximum compensation of $600,000 for the three-year period of the extended contract.


agreement with Northgate Environmental Management extending the contract period of the current contract for On-Call Environmental Compliance Services through December 31, 2017, and increasing the maximum compensation by $100,000.


agreement with Nordhav, Inc. dba BASELINE Environmental increasing by $200,000 the maximum compensation for On-Call Environmental Compliance Services, with no change in contract duration.


agreement with Nordhav, Inc. dba BASELINE Environmental increasing by $200,000 the maximum compensation for On-Call Environmental Services for Former OAB, with no change in contract duration.

20. Adopt a resolution authorizing the Executive Director to resolve any bid and any “No-

bid” protests in accordance with Port Ordinance No. 1606.


38

Fiscal Year 2013/2014 On-call Contract Usage Report and Authorization for the Executive Director to Execute Various On-call Contracts

Attachment A

270778 v3 AR Attachment – On-Call Contract Usage Report Page 1 of 4

On-call Contracts FY 13/14 Usage - Professional Services

Managing Division

Contracts Contract Period

Total Board Authorized

Contract Amount

Total Contract Expenditures or

Amount Encumbered to

Date

**No. of TSOs

Issued, FY 13/14

***Subtotal of TSO Amounts Issued,

FY 13/14

Aviation ON-CALL AIRPORT PLANNING & DEVELOPMENT (contract period varies with specific contract)

3/1/04-* 3/1/07-* $ 3,275,000.00 $ 2,370,209.87 3 $ 98,784.00

Engineering

ON-CALL CONSTRUCTION MANAGEMENT (contract period varies with specific contract) 9/1/11-9/30/15 $ 4,500,000.00 $ 3,340,725.84 5 $ 1,123,302.01

Engineering ON-CALL AIRPORT ENGINEERING DESIGN 5/6/08-5/6/15 $ 8,200,000.00 $ 5,494,744.98 5 $ 962,114.65

Engineering

ON-CALL MATERIAL TESTING & INSPECTION (contract period varies with specific contract) 4/1/12- 4/1/15 $ 2,200,000.00 $ 628,278.00 6 $ 371,284.00

Engineering ON-CALL MECHANICAL ELECTRICAL & LOW VOLTAGE DESIGN 11/1/11-11/2/14 $ 1,000,000.00 $ 256,992.00 1 $ 133,582.00

Engineering ON-CALL HYDROGRAPHIC SURVEYING 7/1/12-6/30/15 $ 450,000.00 $ 123,702.16 2 $ 73,060.03

Engineering ON-CALL LAND SURVEYING AND MAPPING 2/16/05-* $ 4,000,000.00 $ 3,655,463.00 9 $ 93,454.00

Environmental

ON-CALL AIR QUALITY CONSULTANT (contract period varies with specific contract)

11//07-12/17 $ 1,200,000.00 $ 125,000.00 2 $ 12,000.00

Environmental ON-CALL ASBESTOS & LEAD CONSULTING 5/1/07-* $ 600,000.00 $ 474,000.00 14 $ 56,000.00

Environmental

GENERAL ON-CALL ENVIRONMENTAL COMPLIANCE (contract period varies with specific contract) 4/06-12/17 $ 5,976,000.00 $ 3,720,565.00 44 $ 885,000.00

Environmental

DEDICATED ON-CALL ENVIRONMENTAL COMPLIANCE (contract period varies with specific contract) 10/01-7/16 $ 6,117,000.00 $ 5,379,000.00 1 $ 278,000.00

Environmental ON-CALL ENVIRONMENTAL PLANNING 1/13-12/17 $ 1,800,000.00 $ 149,000.00 3 $ 249,000.00

Environmental DEDICATED ON-CALL ENVIRONMENTAL PLANNING 5/07-* $ 850,000.00 $ 250,000.00 1 $ 108,000.00

Maritime ON-CALL CRANE MECHANICAL ENGINEERS 8/17/98-* $ 1,759,600.00 $ 1,395,653.51 7 $ 38,742.61

Maritime ON-CALL CRANE STRUCTURAL ENGINEERS 1/1/07-12/31/14 $ 958,205.48 $ 233,932.23 8 $ 31,344.00

Maritime ON-CALL CRANE STRUCTURAL INSPECTION 4/1/12-4/30/15 $ 1,200,000.00 $ 645,750.57 44 $ 215,132.78

$ 44,085,805.48 $ 28,243,017.16

FISCAL YEAR:

JULY 1, 2013 - JUNE 30, 2014 155 $4,728,800.08

* Where no end date is specified, Contract terminates when expenditure limit is reached. ** TSO = Technical Services Order; No. of TSOs = number of instances of work authorized in FY 13-14. *** Each subtotal is the sum of actual expenditures on any TSOs completed during the current reporting period and the encumbered amounts for any TSOs still in progress. Since the actual amount of a

TSO may vary from the encumbered amount, these subtotals are approximations.


39

Fiscal Year 2013/2014 On-call Contract Usage Report and Authorization for the Executive Director to Execute Various On-call Contracts

Attachment A

270778 v3 AR Attachment – On-Call Contract Usage Report Page 2 of 4

On-call Contracts

FY 13/14 Usage - Public Works

Managing Division Contracts

Contract Period

Total Amount Authorized

Total Contract Expenditures or

Amount Encumbered to

Date

*No. of WAs

Issued, FY13/14

**Subtotal of WA Amounts

Issued FY 13/14

Aviation MAINTENANCE & ON-CALL SERVICE FOR ELEVATORS, ESCALATORS, AND MOVING WALKWAYS 1/01/10-12/31/14 $ 1,200,000.00 $ 724,166.97 3 $ 148,801.00

Aviation ON-CALL AIRPORT SECURITY SYSTEMS MAINTENANCE 1/01/09-6/30/14 $ 1,925,000.00 $ 1,884,955.04 41 $ 180,421.01

Aviation ON-CALL FENCING 1/01/14-12/31/16 $ 350,000.00 $ 0.0 0 $ 0.0

Engineering ON-CALL BUILDING 7/01/13-12/31/15 $ 2,500,000.00 $ 1,302,383.18 4 $ 1,302,383.18

Engineering ON-CALL ELECTRICAL 1/01/13-12/31/15 $ 3,000,000.00 $ 199,025.00 2 $ 199,025.00

Engineering ON-CALL DREDGING 7/01/13-6/30/16 $ 10,200,000.00 $ 2,700,000.00 1 $ 2,700,000.00

Engineering ON-CALL MATERIAL CRUSHING 2/01/12-6/30/15 $ 1,200,000.00 $ 380,090.72 0 $ 0.0

Engineering ON-CALL PAVING & GRADING 7/01/13-12/31/16 $ 4,375,000.00 $ 1,459,388.00 6 $ 1,459,388.00

Environmental HAZMAT HANDLING 7/01/09-6/30/14 $ 2,250,000.00 $ 2,245,135.90 23 $ 374,646.80 (contract period varies with specific contract) 1/01/14-12/31/16 $ 1,650,000.00 $ 267,801.63 25 $ 267,801.63

Maritime ON-CALL CRANE RIGGING AND REPAIR 1/01/13-6/30/16 $ 1,575,000.00 $ 452,379.55 14 $ 398,810.13

Maritime ON-CALL RAIL MAINTENANCE & REPAIR 7/01/13-12/31/16 $ 280,000.00 $ 60,939.77 17 $ 60,939.77

Maritime ON-CALL SANITARY SEWER INSPECTION & CLEANING*** 2/01/12-6/30/15 $ 750,000.00 $ 120,769.05 312 $ 21,242.46

Maritime MAINTENANCE & LANDSCAPING AT MIDDLE HARBOR SHORELINE PARK**** 1/01/14-12/31/16 $ 600,000.00 $ 64,000.00 N/A $ 120,000.00

$ 31,855,000.00

$ 11,861,034.81

FISCAL YEAR:

JULY 1, 2013 - JUNE 30, 2014 448 $ 7,233,458.98

* WA = Work Authorization; No. of WAs = number of instances of work authorized in FY 13-14. [For contracts such as the Maintenance and On-call service for Elevators, Escalators, and Moving

Walkways and the On-call Airport Security System Maintenance which include both on-call work and pre-scheduled maintenance tasks that do not require separate authorizations, this column includes only the number of WAs; it does not include the number of occasions when Contractor performed scheduled maintenance. However, the amounts listed in the adjacent columns include both costs of on-call work and costs of scheduled maintenance.]

** Each subtotal is the sum of actual expenditures on any WAs completed during the current reporting period and the encumbered amounts for any WAs still in progress. Since the actual amount of a WA may vary from the encumbered amount, these subtotals are approximations.

*** For this project, the “Total Contract Expenditures or Amount Encumbered to Date” Column amount represents only the total amount paid for completed work. A significant amount of the WAs issued for sanitary sewer lines identified for inspection and cleaning were found to be abandoned. Any WAs for lines found to be abandoned will be canceled.

****The Board authorized budget and the expenditures indicated for this project include costs other than contract payments such as supplies, materials and repair of equipment furnished by the Port for the contractor’s use at MHSP. This contract is for well-defined routine maintenance. WAs are not used to initiate work.


40


41

award

Typewritten Text

award

Typewritten Text

Page 3 of 4

award

Typewritten Text

Fiscal Year 2013/2014 On-call Contract Usage Report and Authorization for the Executive Director to Execute Various On-call Contracts Attachment A


42

award

Typewritten Text

Page 4 of 4

award

Typewritten Text

award

Typewritten Text

Fiscal Year 2013/2014 On-call Contract Usage Report and Authorization for the Executive Director to Execute Various On-call Contracts Attachment A

September 11, 2014Item No. 2.2(Rec#1)MCR1IeV

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

RESOLUTION APPROVING ANMORE CONSULTANTS TOCONSTRUCTION MANAGEMENT

PORT OF OAKLAND, AT A$3,000,000.

WHEREAS, the Board has reviewed yaluated the Agenda Reportitem No. 2.2 dated September 20i4 (“Agendart”) and related agendamateriais, has received the e;imony of Paff, and has providedopoortunities mr ann taxen

WHEREAS, that inact1dponI the Board has exercisedi s ..rduper.dort iudgnent based in the record andadopts and reies uponhe facts,nalysis, and findings set forth inthe Agenda Rport at-ed agl’naterials and in testimony received;

NOW, RFORE IT RESD AS FOLLOWS:

SEN 1. 2a u on theror:nation contained in the AoendaBeport r.d tey rec 4adhereby finds and determines that:

. êent with one or more consultants will constitute anagreement tor obta’ng professional, technical and specialized services thatare :eranorar .n r.atund that it is in the best interest of the Port tosecur such sis fbe or more consultants.

B. agrent is for professional services teat do notd.nclude resting inspection related to construction work, and the‘r.isior±s of ti-c rtime and Aviation Project Labor Agreement (MAPLA) do noteppiy to ti-is work.JL9

SEGT2. The Board hereby:

A.. Ap’-o-’es an Agreement with one or more consultsnts to provideon-clJ nttidion management support services at the Port of Oakland, for acombined mexirum cormpnsation of $3,009,000 for a contract period not to exceedthe (3 yea s and sub-jest to additional material terms and conditions asfurther described in the Asenda Seport.

B. Authorizes the Executive Director to (i) execute such Agreement,suhje t to aDproval as to form and .legaity by the Port Attorney, and (ii) makesuci- additions, modifications, or corrections as necessary to implement th.eAgiomont 0 o correct errors, subject to the limitations set forth herein and

306241


43

SECTION 3.

upon

4vThis resolution is not evidence nd clues no: create or

constitute (a) a contract, or the grant of any r i ghti lem rt or propertyinterest, or do) any obligation or liability on the par’1drBoard or any officeror emp:Lovee of the Joard, Unless and unt.l a sep reement is dulyexecin:ed or behalf of the Board as authorized byapproved as ro form and legality by the Port Atcontracting party, there sha..i he no valid ox e

SECTION 4. This resolutionadoption by the r;oard

is signed asred to other

306241


44

September 11,2014Item No.: -2

BOARD OF PORT COMMSSIONERSCITY OF OAKLAND

RESOLUTION APPROVING AN

MORE CONSULTANTS TO PROVIDE

TESTING AND CONSTRUCTION INS

A COMBINED MAXIMUM COST OF

WHEREAS, the Board has revieweve1uated the Agenda Report

item to. 2.2 dated September 11, 20 4 (“Ageport”) and related agenda

materials, has received the ex test_irony o staff, and has provided

opportunities for and taken and

WHEREAS, that in ac updhif4t:r, he Board has exercised

its independent jndqmen hase. subs ience in the record and

adopts and •relis upon the factsjtaalysand findings set forth in

the Agenda Report and in rd ated aterials and ii t est:imony received;

NOW, TIØ IT RED AS FOLLOWS:

SEcl. Ba upon tnformation contained in the Agenda

Report and tnv rec,the BoarVereby finds and determines that:

noe consultants will constitute an

gcme for oo’af9’rofessional, technical and specialized services that

dOe tenoory in and that it is in the best interest of the Port to

secjre 4Ubeces oone or nore consultants.

is for professional services for construction

provisions of the Ilaritime and Aviation Project

d appl’’ to this work.

The Board hereby:

es an Agreement with one or more consultants to provide

ting and construction inspection services, for a combined

of $1,500,000 for a contract period not to exceed three

)ject to additional material terms and conditions as further

Agenca Report

o.ncaLmaximum3> yearsdescribed in

306218


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September 11, 2014Item Mo.: 3c2(Rec#3) JqJJMCRuiev



MORE CONSULTANTS TO

ELECTRICAL TESTING AND

OAKLAND INTERNATIONAL AI

AT A COMBINED MAXIMUM COST

WHEREAS, the Board has reviewed ad.aluated the Agenda Report

iter tao. 2.2 dated September i, 2014 (“Agordrt”) and related agenda

materials, has received the exttLlr::ony of Ptaf, and has provided

opnortonities for and taken pob

WHEREAS, that Lr act the Board has exercised

its rdepndert agmunz based dence in the record and

adopt. and re is upon tl’e fants, i/sis, ana findings set forth in

the Ag’nda Report aridatd age ateri a] a and In testimony received;

IT RESOLVED AS FOLLOWS:

formation contained in the Agenda

erehy finds and determines that;

.t with one or more consultants wiLl, constitute an

professional, technical and specialized services that

md that it is in the best interest of the Port to

or more consuitar.ts.

nt is for professional services that do not

inspection related to construction work, ana the

time and Aviation Project Labor Agreement (MAPLA) do not

an Agreement with one or more consultants to provide

asneeded !cal testing and engineering services at Qakl.and International

Airport and ?itime ARea, for a c:ombined maximum compensation of $900,000 for

o contract period not to exceed three (3) years and subject to additional

material terms and conditions as further described in the Agenda Report.

NOW,

The Board hereby;

306219


47

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48

j September 11 2014Item No.:(Rec#4)MCR/iev



MORE CONSULTANTS TO

ENGINEERING DESIGN SERVICES

PROJECTS AT THE OAKLAND

MARITIME AND COMMERCIAL

COMBINED MAXIMUM COST OF

WHEREAS, the Board has reviewed anauated the Agenda Report

Item No. 2.2 dated September ]l4 (Agendat”) and related agenda

materials, has recelied the e nony of Poff, end has provided

opportunities for and taken

WHEREAS, chat in actuoon the Board has exercised

its irdec1dent udqrnenc based untial cdene in the record and

idopts and relies upbe facts, anaiyss, nd findings set forth in

te ?geica Erport anted ege1matorLals and in testimony received;

IT RESP AS FOLLOWS:

Lormation contained in the Agenda

hereby finds and determines that:

it with one or more consultants will constitute an

fessional, technical and specialized services that

md that it is in the best interest of the Port to


inspection related to construction work, and the


Sroves an Agreement with cne or more consultants to provide

on—call eng ;ping design services for improvement projects at the Oakland

Irternational’Airport, Maritime and Commercial Real Estate areas, for a

combined maximum compensation of $6,000,000 for a contract period not to exceed

three (3) years and subject to additional material terms and conditions as

further described in the Agenda Report.

NOW,

or more consultants

The Board hereby:

306220


49

B. Authorizes the Executive Director to (1) ex such Agreement,

to approval as to fore. and legality by the Port Atro., and (ii) make such

r fi’ tio s ox oxreLois as ecesarv to 2jant the greerna it oi

to ccxrect errors, subject to the limitations set forth hnd provided that any

such addition, modification or correction does not mate .ffer frcm the terms

and conditions set fort:h herein and in the Agenda Repo

SECTION 3. This resolution is no evpnce of andct create or

u E. ) cor .ract or t h- gra l o ang t ent1le’2r proper.y

xntest ox (h ani obigsti’r or !icoit onoart of the boardy ofticex

or employee of the Board, Unless and untiiparate written agree is duly

executed on behalf of the Board as author by thiesolution, is signed as

ap ‘oJr r o foini arid erjaaty o’ te P r\ttoxne’rd is deJerd t othar

crtra’tr. party tbre a 3 he 1i octj_eeme-it

SECTION 4. This resolution s/JV effective immediately upon

adopt ion by the Board.

306220


50

September 11, 2014 1I Item No.: 2.I (Rec#5)MCRhev


CONSULTANT TO PROVIDE FOR ON-

SURVEYING AND MAPPING SERVICEI

OF $450,000


WHEREAS, the Board has reviewed valuated the Agenda Report

Item No. 2.2 dated September 11, 2014 ‘Ageeport”) and related agenda

matertals, has received the exptestimony staff, and has provided

opportunities for and t&sen ant; and

WHEREAS, that in ad

Report and

Board has exercised

its independent 4udgment based ence in the record and

adopts and relies upon the tacts, md findings set forth in

the Agenda Report and i n related ria1s and in testimony received;

NOW, IT RED AS FOLLOWS:

SEC 1. Bass upon t’&nformation contained in the Agenda

te-y rece eBoarerehy finds and determines that:

for obtainingtemporary in natura that

such s sultant

hydroqrcontractmaterial te

will constitute an agreement

technical and specialized services that are

it is in the best interest of the Port to secure

r:t is for professional services that do not

intion related to construction work, and tte


The Board hereby:

s an Agreement with one consultant to provide on—call

:ng services, for a maximum compensation of $450,000 for a

not to exceed three (3) years and subject to additional

md conditions as further described in the Agenda Report.

B. Authorizes the Executive Director to (i) execute such Agreement,

subject to approval as to form and legality by the Port Attorney, and (ii) make

suot. additions, modifications, or corrections as necessary to implement the

Agreement or to correct errors, subject to the limitations set forth herein and

provided, that any such addition, modification cr correction does not materially

differ from the terms and conditions set forth herein and in te Agenda Report.

306225


51

ely upon

SECTION 3. This resolution is not evidenc ddoes not create or

c st±tute (a) a c.ori3c,t, or the qrart of ary rigb tleet or prOpety

interest, or b) any obligation or liability on the pa. d or any officer

or emolovee of the Board, Unless and until a se reement is duly

executed on behalf c>f the 3oard as authorized b is signed as

approved as to form and legality by the Port Pt ?d to other

contrac:tang party, there shall be no valid or ef:

SECTION 4. This resolution

adocion by the F3oard.

306225


52

September 11, 2014Item No.: 2

MCRMev(Rec#6)



CONSULTANT TO PROVIDE FOR

AND MAPPING SERVICES, AT

$600,000.

WHEREAS, the Boar-i has rev wectq,Evaluated the Agenda Report

Item No. 2.2 dated September l, 2014 (“Ageeport”) and related agenda

materials, has received the exp testimony o staff, and has provided

opPortunities for er a teen ont; and

WHEREAS, the:- in act Roarci has exercised

ILS nJ-idri :ckrii-irit bared rce in the record and

adopts and reilas open chc facts, and findings set forth in

th Agenda Report and in relatec a - - erils and in testimony received;

NOW, ITREID

AS FOLLOWS:

Report and te rece,the Boareby finds and demine tba’

will constitute an agreement

for ohtairi-q al, tecbriiai arid specialized services that are

I vaporry ir ratur -tha it is in the best interest of the Port to secure

suc isultant,

nt is for professional services tnat do not

:ion related to construction work, and the

Aviation Project Labor Agreement (MA?LA) do not

The Board hereby:

)VeS an Agreement with one consultant to provide on-call

mapping services, for a maximum compensation of $600,000 for

not to exceed three (3) years and subject to additional

conditions as further described in the Agenda Report.

B. Author:zes the Executive Director to (I) execute such Agreement,

subect to approval as to form and legality by the Port Attorney, and (ii) make

such additions, modifications, or corrections as necessary to implement the

Agreement or to correct errors, subject to the limitations set forth herein and

provided that any such addition, modification or correction does not materially

differ true: the terms and conditions set: forth herein and in the Agenda Report.

306226


53

SECTION 3.

ely upon

This resolution is not evidence Ci does not create or

constztue (a) a contracc, or the grant of any rigILitleent or property

interest, or (h) any obligation or liahiliy on the partf il3oard or any officer

or emicvee of the Board. Unless and until a sepa ement is duly

executed on behalf of the Board as authorized by is signed as

aooroved as to form and legality by the Port Aft red to other

contrreti ng part:y, there shall be no valid or cf

SECTION 4. This resciution

adoption by the Board.

306226


54

September 11, 2014Item No.: 2.2

R ‘tect)MCR/iev

BOARD OF PORT COMMSS!ONERS

CiTY OF OAKLAND


THREE CONSULTANTS TO PROVIDE

AND LEAD PAINT CONSULTING

COST OF $250,000 FOR EACH

WHEREAS, the Board has revies.eoW’aluated the Agenda Report

Item No. 2,2 dated September 11, 2014 (“Agenport”) and related agenda

mat:erials, has received the exo testimony of staff, and has provided

oppoitunities for and tahen pubf c’t; and

WHEREAS, tht in upoier, e Board has exercised

us independent judgment oared subst,’’ence in the record and

Uouts and relies upon the faLts,talysnC findings set forth in

I hi rcndd R&pomt and in related aerls cod in testimony received;

- wvNOW, TH IT RED AS FOLLOWS;

SECT7 1. Bas upon nrorma:ion contained in the Agenda

Report ar t-esti ny cei , the Boaxiebv finds and determines that:

agr’ thre consultants will constitute an

en ora ‘ .n Qld that i a in U-ic best ‘iteresL of t e 0 10r LcfcsJ-oc1 Lechnaca1 a-’d .,oecalized serisces coat

S cur s t s’ up to ttree consu ha its

aent is for professional services that do not

ipgie testirgpd ir’..-ion related to construction work, and the

1niors of thetime and Aviation Project Labor Agreement (MAPLA) do not

DplLt t this ok

SECTION3 ho Boaco heteby.

Ø \. A4oves an greement with one consultant to provide on-call

anhootos pail consulting services, for a maximum compensation of

S25fl,000 dvA corsuHant, for a contract period not to ei<ceed three C3)

years and .4jct to additional material terms and conditions as further

deccribed in hi e Agenda Report.

B. Authorizes the Executive Director to (i) execute such Agreement,

s,hje:I 1 o dpJrual as to form and legality by the Port Attorney, and (ii) make

such additions, modifIcations, or corrections as necessary to implement the

Acreement or t coirect errors, subject to the limitations set forth herein and


4111cr fror the terms and conditions set• forth herein and in the Agenda Report.

3013227


55

SECTION 3,

ely upon

This resolit:o9 _s rot evidence o’ddoes not create or

constitute (a) a cc’Lrac:, or rh’ cran of any righLtlement or property

interect;, or (b) any obligation or liability on t oor”oard o any officer

or employee of the Board. Unless and untii a sepa ‘erent s duly

executed on behalf of the Boa d as authorized by is signed as

anproved as to form aro legality by the Port At red to other

contracting party, there shall be rio valid or eff


adopt ion by thE? Board.

iv e

30 62 27


56

BOARD OF PORT COMF11ISSIONERSCITY OF OAKLAND

RESOLUTION APPROVING N

MORE CONSULTANTS TO

STRUCTURAL INSPECTION D

COMBINED MAXIMUM COST OF $1

September 11, 2014

Item No.: 2.-’i

(Rec#8)MCRñev

WHEREAS, the Hoard has revieeavaluated the Agenda Report

Item No. 2.2 dated September 11, 2014 (“Agerport”) and reiated agenda

materials, has received the extestimny ofstaff, and has provided

opportunities for and ta.<n punt; and

WHEREAS, thc in act Board has exercised

its nriependent judgment based in the record and

adop s and relies upon the ysland :indings set forth in

the Agenda Rnport ard in related terials and in testimony received;

IT RED AS FOLLOWS:

upon Lhnformation contained in the Agenda

the Boarereby finds and determines that:

more consultants will constitute an

a3reelnent for o) :essional, technical and specialized services that

are temporary in ne and that it is in the best interest of the Port to

secure one or more consultants


tion related to construction work, and the


The Board hereby

ves an Agreement with one or more consulca nts to provjde

on-call inspection and material testing services, for a combined

macmum crmon zt S1,20C,00J fos a cootract peod rot to exceed hre

(3) years andêhubject to additional material terms and conditions as further

described in the Agenda Report.

B. Authorizes the Executive Director to (I) execute such Agreement,

suhect to approval as to form and legality by the Port Attorney, and (ii) make

such additions, modifications, or corrections as necessary to implement the

Aqreement or to correct errors, subject to the limitations set forth herein and


dii tar from the terms and conditions set forth herein and in the Agenda Report.

NOW,

A

306228


57

:eiy upon

SECTION 3. This resolution is not evidenceA1d

does not create or

o is:ituto (a) a contract or toe crarit o 2ri rnhz S tlemeP or roperLa

rt,erEt or Kb) any obligation or liability on the p rd or any officer

or employee of the Board, Unless and until a sepa reemeno is duly

executed on behalf of the Board as authorised by is signed as

anproved as to form and legality by the Port Jtt to other

c000ractlng party, there shall be no vatid or eff


adoption by the Poard.

306228


58

09/11/14Tab. 2.2(Rec#9)MCRJar&p%

BOARD OF PORT COMMISSONERSCTY OF OAKLAND

RESOLUTION AUTHORIZING THE DIRECTOR OF ENGINEERtNG TOAPPROVE THE PROJECT MANUAL AND PLANS FOR FISRNISRIRGLABOR, MATERIALS AND EQUIPMENT FOR INSPECTING ANDCLEANING PORT OF OAKLAND SANITARY SEWERS FOR THE PERIODCOMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016, 2017OR 2018; CALLING FOR BIDS THEREFOR; AND AUTHORIZING THEEXECUTIVE DIRECTOR TO AWARD A CONTRACT TO THE LOWESTRESPONSIBLE RESPONSIVE BIDDER IN TOTAL AGGREGATE AMOUNTNOT TO EXCEED $300,000 FOR THE THREE fl1R PERIOD.

WHEREAS, the Board of Port commissioners (“Board”) hasreviewed and evaluated the Agenda Report Item 2.2 dated September 11,2014 (“Agenda Repor ‘3 ard re.ated agenda materials, has received theexpert testimony o Port of Oaland (“Port”) staff, and has providedopportunities for and takon pubic comment; and

WHEREAS, that acting upon this matter, the Board hasexercised i:s indeendet jiden based on substantial evidence inthe record and adopts and reies uoon the facts, data, analysis, andfindings set forth in the Agea Report, and in related agendamatovials and in teetimony received:

‘]c’, tnerefre; it resolved as follows:

EECTION 1. Baseon the information contained in the Agenda Report,and te3timony reced. the Board finds that:

A. Port’s Small Business Utilization (SBU> Programenc rays suor :ractors to develop the capacity to perform publicwo.ks orior a competitive basis, thereby increasing the poo1 ofcompetitive’pitractors for future Port contracts.

B. It is in the best interest of the Port to accomplishthe project for Furnishing Labor, Materials and Equipment for Inspecting

and Cleaning Port of Oakland Sanitary Sewers for the Period Commencing

306153


59

July 1, 2015 and Ending June 30, 2016, 2017 or 2018, Oakland, California(“Sanitary Sewer Inspection”) without standard bidding procedures and toinclude it in the Port’s Small Business Program.

C. If staff is unable to identify at ‘east three (3)willing and able SBE contractors, and bids the generalcontractlng community exceed the estimated budgetmount, it is inthe best interest of the Port to waive standard /,ding and authorizethe Executive Director to negotiate a contract ithe open market forthe work.

P. The development and use provided for in the projectmanual and the subsequent use of the development approvby thisresolution are in conformity with the General Plan of the City;,and beit

E. Pursuant to Port Ordinance 1606,. Section 22, it is inthe best interest of the Port to delegate to the Executive Directorthe authority to finally resolve all id protests in connection withthis project.

SECTION 3

Dfrector of Engineeringthe Sanitary Sewer

procedures for the Sanitary

able to identify at least threerprise (SBE) contractors willing

for the Sanitary Sewer Inspection

a contract for the Sanitary Sewer Inspectioneipt of formal bids from qualified SEE/DEE

regate amount not to exceed $300,000 for the

tion of all other bids received for the Sanitaryect and direction that securities accompanying said

ied to the respective bidders

A. Finally resolve bid protests in connection with thisproject pursuant to Port Ordinance 1606, Section 22.

B. Award contract to the lowest responsible responsiveSEE/DEE bidder, based upon the receipt formal sealed bids, for the

SECTION 2. The Board hereby

A. Delegation ato approve the Plans andInspection project.

B.Sewer Inspect(3) Port —cert:and able to

proj oct

bids

Board hereby authorizes the Executive Director to

306153


60

Sanitary Sewer Inspection project, in a total aggregate amount not toexceed $300,000 for the three (3) year period.

C. Have the option to advertise the project for theSanitary Sewer Inspection project to the general contrAing community,using standard bidding procedures, if staff is unaJto identify atleast three (3) Port-certified SBE contractors readyüling and able tobid on this contract, and to award a contract to ilowest responsibleresponsive bidder, based upon the receipt of f bids, for theSanitary Sewer Inspection project, in a tota] t not toexceed $300,000 for the three (3) year pen

0. If the lowest responsib,le bid exceeds the etmatedbudgeted amount, the Executive Director is authorized to rej:ect allbids, and negotiate and execute a contract for the Sanitary SewerInspection with one of the bidders orin che open market based on thereceipt of informal proposals, in a t e amount not to exceed$300,000 for the three (3) year perio’L

SECTION 4. The Board fuither finds that

A. The Direct his designee isauthorized to approve the for the SanitarySewer Inspection project in pursuant toGovernment Code Section 830.6

B. The Secretary of he Board is hereby authorized toadvertise for four consotive days in the official newspaper of theCity of Oakland for sealed bids for the project, not less than tencalendar days prior to ie date sec fr receiving said bids.

C. This project is not for “major maintenance” within themeaning of the Maritiwe and Aviation Project Labor Agreement (“MAPLA”)and i.e Port’s Capital Improvement Program (“CIP”).The ‘LA do not apply to this project.

the faithful performance of the work, and apayment of all claims for labor and materialsnts du.e under the Unemployment Insurance Code,

f one hundred percent (100%) of the contract pricethe Contractor as prescribed by applicable laws and

contract specifications.

The procedure prescribed by applicable laws,regulationsIid the contract specifications shall be taken for theexecuted of said contract.

SECTION 5. In accordance with the requirements of the California

Environmental Quality Act (CEQA) and the Port CEQA Guidelines, it canbe seen that there is no possibility that taking the recommendedactions will result in a physical change to the environment, andtherefore no further environmental review is required. The general

306153


61

rule in Section 15061(b) (3) of the CEQA Guidelines states that CEQA

applies only to activities that have a potential of causing asignificant effect on the environment. When specific activities thatwill be performed under this contract are identified, staff willdetermine at that time whether additional CEQA review and clearance isneeded. It is anticipated that such activities may be’ exempt from CEQApursuant to Guidelines Sections 15060 tc) (2) , 156l (b) (3) , 15301,15302, 15303, 15304, 15306, 15309, 15311 or l5330,

SECTIOtI 6. This resolution is not evidence of and does’ not create orconstitute (a) a contract, or the grant of. ahy right, entitlement orproperty interest, or (b) any obligation oliability on th part ofthe Board or any officer or employee of he Board. Ths’esolutionapproves and authorizes the execution .‘ai agreement(s) in axrdancewith the terms of this resolution Unless , nd until a separatewritten agreement(s) is duly executed on behalf of the Board asauthorized by this resolution, is sid. and approved as to form andlegality by the Port Attorney, and i diivred to other contractingparty, there shall be no valid or effect: (s).

306153


62

9/11/14Tab 2.2(Rec#10)MCR/arg

BOARD OF PORT COMMSS1ONERSCITY OF OAKLAND

RESOLUTION AUTHORIZING THE DIRECTOR OF ENGINEERING TOAPPROVE THE PROJECT MANUAL AND PLANS FOR FURNISHINGLABOR AND EQUIPNENT FOR ON-CALL MATERIAL CRUSHINGSERVICES FOR THE PERIOD CONL.ENCING JULY 1, 2015 ANDENDING JUNE 30, 2016, 2017 OR 2018; CALLING FOR BIDSTREREFOR; AND AUTHORIZING THE EXECUTIVE DIRECTOR TOAWARD A CONTRACT TO THE LOWES’r RESPONSIBLE RESPONSIVEBIDDER IN TOTAL AGGREGAIE AMOUNT NOT TO EXCEED $750,000FOR THE THREE YEAR PERIOD.

WHEREAS, the Board of Poet Commissioners (“Board”) hasreviewed and evaluated the Agenda Report Item 2.2 dated September 11,2014 (“Agenda Report”) and rela ed. genda materials, has received theexpert testimony of Port of Oa)1and (“Port”) staff, and has providedopportunities for end taken public comment; and

WRREAS, that in acting upon this matter, the Board hasexercised I’S xdeendefl udgm t based on substantial evidence inHie ecc’rd and adopts and relies upon the facts, data, analysis, andfind ns set for h in the Agenda Report, and in related agendamatgria s and, in testtmony received:

NDW, herefore, be it resolved as follows:

.:TION 1. Based upon the information contained in the Agenda Report,an’testimony received, the Beard finds that:

A It is in the best interest of the Pert to authorize theproj or Furnishing Labor and Equipment for On-Call Material CrushingServices fo te Period Conmencing July 1, 2015 and Ending June 30,2016, 2017 oz’ 2018, Oakland, California (“On-Call Material Crushing”).

306163


63

a. The development and use provided for in the project

manual and the subsequent use of the development approved by this

resolution are in conformity with the General Plan of the City and be

itC Pursuant to Port Ordinance 1606 Sen 22 at .s in

the best interest of the Port to delegate to thecutive Director

the authority to finally resolve all bid protestn connection with

this project.

SECTION 2. The Board hereby approves the fol.

A. Delegation of authorityto approve the Plans and ProjectCrushing project.

project.

C. Award of aproject to the lowest resreceipt of formal sealed bi$750,000 for the three (3)

D. Rejection of ;eived for the On-Call

Material Crushing and that securities accompanying

said bids shall to thwsPective bidders.

author!h the Executive Director to

protests in connection with this606, Section 22

,contract to the lowest responsible, responsive

riaJ. Crushing project, in a total aggregate

)0 for the three (3) year period.

:he lowest responsible responsive bid exceeds the

amount, the Executive Director is authorized to

rid negotiate and execute a contract for On—Call

.th one of the bidders or in the open market based

informal proposals, in a total aggregate amount not

for the three (3) year period.

A. The Director or Engineering or his designee is

authorized to approve the project manual and plans for the On-Call

Material Crushing project in advance of construction, pursuant to

Government Code Section 830.6.

B. Advertising for bids

ia1

Material Crushing

-Call Material Crushing

based upon theit not to exceed

SECTION 3.

re

on the

SECTION 4. .e Board further finds that:

306163


64

B. The procedure p:regulations and the contract specexecuted of said contract.

B. The Secretary of the Board is hereby authorized toadvertise for four consecutive days in the official newspaper of theCity of Oakland for sealed bids for the project, not less than tencalendar days prior to the date set for receiving said bids.

C. The provisions of the Maritime an iation ProjectLabor Agreement (“MAPLA”) apply to this project.

D. A bond for the faithful perf-’’ the work, and abond to guarantee the payment of all claims and materialsfurnished and for amounts due under the ance Code,each in the amount of one hundred percent t priceshall be provided by the Contractor as pr aws andregulations and the contract specificati

applicable laws,be taken for the

SECTION 5. In accordance with the r of the CaliforniaEnvironmental Quality Act (% and the Guidelines, it canbe seen that there is no”” the recommendedactions will result in a environment, andtherefore no further envi iired. The generalrule in Section 15061(b) (3) ines states that CEQAapplies only to activities th,rve a potential of causing asignificant effect on the environthett. When specific activities thatwill be performed undethis cntract are identified, staff willdetermine at that Lime wther additional CEQA review and clearance isneeded. It: is anticipated that such activities may be exempt from CEQApursuant to GLideline -Stions 15060 (C) (2) , 15061(b) (3) , 15301,15302, 15303, 1304, I53O6,309, 15311 or 15330.

SECTION 6. This resolution is not evidence of and does not create orconsLir .e a) a contract, or the grant of any right, entitlement or

any obligation or liability on the part ofemployee of the Board. This resolution

.e execution of an agreement(s) in accordancethis resolution. Unless and until a separate

is duly executed on behalf of the Board as‘esolution, is signed and approved as to form and

t Attorney, and is delivered to other contractingbe no valid or effective agreement(s).

p:t]

au

party,

306163


65

09/11/14Tab, 2.2(Rec# 11)MCR/arg/J


RESOLUTION AUTHORIZING THE DIRECTOR OF ENGINEERING TO

APPROVE THE PROJECT MANUAL AND LANS FOR FURNISIUNG

MAINTENANCE AND ON-CALL SERVICE FOR VARIOUS ELEVATORS,..

ESCALATORS AND MOVING WALKWS AT PORT OF OAKLAND

FACILITIES FOR THE PERIOD COMMENCING. 3NUARY 1, 2015

AND ENDING DECEMBER 31, 2015k 2016, zo,t1, 2018 OR 2019;

CALLING FOR BIDS THEREFOR” AND .PAUTHORIZING THE

EXECUTIVE DIRECTOR TO AWARD A CONTRACT TO THE LOWEST

RESPONSIBLE RESPONSIVE BIDDER IN TOTAL AGGREGATE AMOUNT

NOT TO EXCEED $1, 50C,000 FOR THE FIVE YEAR PERIOD.

WHEREAS, the Board of port Coreissioners (“Board”) has

reviewed and evaluated the Agenda Report Iem 2.2 dated September 11,

2014 (“Agenda Report”) and rela:ed agenda materials, has received the

expert testimony of Port Oakland (“Port”) staff, and has provided

opportunies for and tak public cment; and

WHEREAS, that cting upon this matter, the Board has

exercised its independen judgment based on substantial evidence in

the record and adopts ann relies upon the facts, data, analysis, and

findiTgs7’set forth. -n the Agenda Report, and in related agenda

matels a in Lestny received:

therefore, be it resc1ed as follows:

1. Based upon the information contained in the Agenda Report,

ansi.mony reccived, the Board finds that:

‘ A. !t s in the best interest of the Port to authorize the

project for Furnishing Maintenance and On-Call Service for Various

Elevators, Escalators and Moving Walkways at Port of Oakland Facilities

for the Period Commencing January 1, 2015 and Ending December 31, 2015,

2016, 2017, 2018 or 2019. Oakland, California (‘Elevator Maintenance”).

306205


66

B. The development and use provided for in the project


resolution are in conformity with the General Plan of the City; and be

itC. Pursuant to Port Ordinance 1606, Secti 22, it is in

the best interest of the Port to delegate to the Etive Director

the authority to finally resolve all bid protests %- connection with

this project.

SECTION 2. The Board hereby approves the foll

A. Delegation of authority to

to approve the Plans and Project Manual

project.

C. the fest responsible responsive bid exceeds the

mated budgeted amount the Executive Director is authorized to

t all bids, negotiate and execute a contract for Elevator

:e with of the bidders or in the open market based on the

f infol proposals, in a total aggregate amount not to

or the five (5) year period.


authorized to approve the project manual and plans for the Elevator

Maintenance project in advance of construction, pursuant to Government

Code Section 830.6.

B.project.

C. Award of a contract Elevator Maintenance

project to the lowest responsibli, iespor:s1ve bidder, based upon the

receipt of formal sealed bidsn a total aggreate amount not to exceed

$1,500,000 for the five (5) yepeLiod.

D. Rejection of other bi received for the Elevator

Maintenance project and directiO ha.t secuities accompanying said bids

shall be returned to the respective bidders.

SECTION 3. The Bdad authoris the Executive Director to:

A. Finally rsolve bid protests in connection with this

project pursuant to Port OrdThance 06, Section 22.

B. Awd contract to the lowest responsible, responsive

tor Maintenance project, in a total aggregate

0,000 for the five (5) year period.bidder

rece.

SECTION 4, Board further finds that

306205


67

B. The Secretary of the Board is hereby authorized to

advertise for four consecutive days in the official newspaper of the

City of Oakland for sealed bids for the project, not less than ten

calendar days prior to the date set for receiving said bids.

C. This project is not for “major maintee” within the

meaning of the Maritime and Aviation Project Labor,:’;ement (“MAPLA”)

and is not part of the Port’s Capital improvernj”j Program (“CIP”) -

The provisions of the MAPLA do not apply to this4ct

C. A bond for the faithful perf

bond to guarantee the payment of all cL

furnished and for amounts due under the

each in the amount of one hundred pe:

shall be provided by the Contractor as

regulations and the contract specific

B. The procedure pre

regulations and the contract specifi

executed of said contract.

SECTION 5. In accordance of the California

Environmental Quality Act ( Guidelines, it can

be seen that there is no taking the recommended

actions will result in a the environment, and

therefore no further envirc new i required. The general

rule in Section i5Q6ljb’, (3 of te CEQA Guidelines states that CEQA

applies only to cti’rities that: have a potential of causing a

significant etfect’cn thenvironrneat. When specific activities that

will be performed undethis coiTtract are identified, staff will

determine at, ‘that time her-addional CEQA review and clearance is

needed. It is’.anticipatd that suèh activities may be exempt from CEQA

pursuant to Guidelirkes Sections 15060 (c> (2) , 15061(b) (3), 15301,

15302, 15303, l53o4: 15306, 15309, 15311 or 15330.

is not evidence of and does not create or

the grant of any right, entitlement or

b)Wany obligation or liability on the part of

icer or employee of the Board. This resolution

zes the execution of an agreement(s) in accordance

Lis resolution. Unless and until a separate

is duly executed on behalf of the Board as

resolution, is signed and approved as to form and

?ort Attorney, and is delivered to other contracting

LIl be no valid or effective agreement (5>

work, and amaterials

Code,price

and

applicable laws,be taken for the

SECc

authorilegalityparty,

306205


68


r 09/11/14I Thb. 2.2

(Rec#12)1)

j MCRkro

RESOLUTION FINDING ND IT IS

BEST INTEREST OF THE PORT OF OND TO CONTELEVATOR MAINTENANCE FOR PORT FACILITIES

THE PERIOD COMMENCING ENDING

30, 2015, WITHOUT STA LIZING A SIXMONTH CONTRACT WITH KONE, 179166) FOR

SUCH WORK IN A TOTAL AGG NOT TO EXCEED$150,000 FOR THE SIX MONTH

WHEREAS, the Boa sioners (“Board”) hasreviewed and evaluated the A . 2 dated September 11,2014, (“Agenda Report”) and re. ria1s, has received theexpert testimony ofPof Oa](”Port”) staff, and has providedopportunities for4 publimment; and

)er 6, pursuant to Resolution No. 11-a contract with KONE, Inc., for

Service for Various Elevators,

:ways at’Port of Oakland Facilities for the

1, 2010 and Ending Deceiiber 31, 2010, 2011,L, California; and

s currently in the process of soliciting

enance commencing January 1, 2015, and the

KONE will expire on December 31, 2014; and

that in acting upon this matter, the Board has

exer endent judgment based on substantial evidence in

the rec ts and relies upon the facts, data, analysis, and

findings s 5rth in the Agenda Report and in related agerda

materials in testimony received:

Now, therefore, be it resolved as follows:

SECTION 1. Based upon the information contained in the Agenda Report,

and testimony received, the Board finds that:

FurnishingEscalators

2012,

306208


69

A. That if staff is unable to negotiate and enter into a

new contract for Furnishing Maintenance and On—Call Service for

Various Elevators, Escalators and Moving Walkways at Port of Oakland

Facilities for the Period Commencing January 1, 15 and Ending

December 31, 2015, 2015, 2017, 2018 or 2019, Oa1 , California,

prior to January 1, 2015, it is in the best inte of the Port to

enter into a new six month contract with KONE.

B. It is in the best interest of

project for the Furnishing Maintenance and On-

Elevators, Escalators and Moving

Facilities for the Period Commencing

30, 2015 Oakland, California (“Eleval

through June 30, 2015”) without standa;

SECTION 2. The Board hereby approves

A. Delegation of authority fe Director of Engineering

to approve the Plans for the Elevator Maint e project.

B. Waiver of si s for the Elevator

Maintenance January 1, 2015 roject.

C. A six month KONE, Inc. for the Elevator

Maintenance January, 2015 thro.ugb June 30, 2015, under the same

terms and condi of thé.existing contract for elevator

maintenance, in a total jeate a’mont not to exceed $150,000.00,

SECTION 3. The Board her uthoriz the Executive Director to:

A. Negotiate and eute a contract with KONE, Inc. for

the Elevator Maintenance January 1, 2015 through June 30, 2015 project,

undcr Lh same terms and conditions as the existing contract., in a total

aggregate amount not’ o exceed $150,000 for the six month period

commecing on Januavy 1, 2015 and ending June 30, 2015.

SECTION 4. The Board further finds that:

A. T Director or Engineering or his designee is

auLhorized to approve the plans for the Elevator Maintenance January

1, 2015 through June 30, 2015 project in advance of construction,

pursuant to Gevernc’ent Code Section 830.6.

B. This project is not for “major maintenance” within the

meaning of t’e Maritime and Aviation Project Labor Agreement (“MAPLA”)

and is not part of the Port’s Capital Improvement Program (“CIP”).

The provisions of the MAPLA do not apply to this project.

C. A bond for the faithful performance of the work in the

amount of one hundred percent (100%) of the contract price, and a bond

authorize theor Various

OaklandJune2015

306208


70

to guarantee the payment of all claims for labor and materials furnished

arid for amounts due under the Unemployment Insurance Code, in the amount

of fifty percent (50%) of the contract price shall be provided by the

Contractor as prescribed by applicable laws and regulations and the

contract specifications.

0. The procedure prescribed by plicab1e laws,

regulations and the contract specifications shaUbe taken for the


SECTION 5. Tn accordance with the requiretniits ohe California

Environmental Quality Act (CEQA) and the Port EQA GuideIçs, it can

be seefl t’at there is no possibility tb taki’g the commeflded

actions will result in a physical chae to the enviroht, and

therefore no further environmental review is reqired. The general

rule in Section 15051(b) (3) of the Guide1ies states that CEQA

applies only to activities that ye a póeñtial of causing a

significant effect on the environtrent. )Then. specific activities that

will be performed under this contrac’éidentif led, staff will

determine at that time whether additional cEQA :eview and clearance is

needed. It is anticipated that such activitieay be exempt from CEQA

pursuant to Guideiries Sec’tions 15’)60(c) (2)’ 15061(b) (3), 15301,

15302, 15303, 15304, 15306, fs3c,5n1 or 153iG,

SECTION 6. This resolution isnot idenceof and does not create or

constitute (a) a contract, or tl’ rant of any right, entitlement or

property interest, 11 any o±ation or liability on the part of

the Board or employee of the Board. This resolution

approves and cxecutiøn of an agreement(s) in accordance

with the te. sc1utio Unless and until a separate

written agre on behalf of the Board as

authorized by signed and approved as to form and

legality by the Port Attorney, and is delivered to other contracting

party, there shall be no valid or effective agreement(s).

306208


71

09111/14Tab. 2.2(Rec#13)

L&BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

RESOLUTION AUTHORIZING THE DIRECTOR OF ENGINEERING ., TO

APPROVE THE PROJECT MANUAL AND PLANS FOR RIGGING AMD

REPAIR OF PORT OF OAKLAND CRANES FOR THE PERIOD

COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016, 2017

OR 2018; CALLING FOR BIDS THEREFOR, AND AUThORIZING THE

EXECUTIVE DIRECTOR TO AWARD .CONTB,A TO THE LOWEST

RESPONSIBLE RESPONSIVE BIDDER tU TO*L AGGREGATE AMOUNT

NOT TO EXCEED $1,350,000 FOR THE THREE YEAR PERIOD.

WHEREAS, the Board of Port commissioners (“Board”) has

reviewed and evaluated the Agenda Report Item 2.2 dated September 11,

2014 (“Agenda Report”) and re_ated agenda mater.a1s, has received the

expert testimony of Port of Oakland (“Port”) staff, and has provided

opportunities for and aken public comment; and

WHEREAS, that1 ir. actin upon this matter, the Board has

exercised its independent judgment based on substantial evidence in

the record and adopts a.d relies upon the facts, data, analysis, and

findings set forth in the Aenea Report, and in related agenda

materials and in testimony recetved

No, therefore, be it esolved as follows:

ST1ON 1. Based upon the .nformation contained in the Agenda Report,

an testimony received, the Board finds that:

A. It is in the best interest of the Port to authorize the

project for Riggig and Repair of Port of Oakland Cranes for the Period

Commencing July 1, 2015 and Ending June 30, 2016, 2017 or 2018, Oakland,

California. (“Rigging and Repair)”.

306205


72

B. The development and use provided for in the project


resolution are in conformity with the General Plan of the City; and be

itC. Pursuant to Port Ordinance 1606, Sect 22, it is in

the best interest of the Port to delegate to the 4ütive Director

the authority to finally resolve all bid protests Ih connection with

this project.

SECTION 2. The Board hereby approves the toll

A. Delegation of authority

to approve the Plans and Project Nanua.

project.

proj ectB Advertising for b

C. Award of a contract for and Repair project

to the lowest responsible, responsive bidderbased upon the receipt of

formal sealed bids, in a total agegate amou Øt to exceed $1,350,000

for the three (3) year period,

D. Rejection of all othebreceived for the Rigging

and Repair project and directiohaecuritrs accompanying said bids

shall be returned to the respectieiaders.

SECTION 3. The Board hery authoties the Executive Director to:

A. Final1yiêso1ve bid 5rotests in connection with this

project pursiànt to Port”Ordiaance l06, Section 22.

B. Award contract to the lowest responsible, responsive

bidder or the Rigging and Repair project, in a total aggregate amount

not t.o exceed $l,350,00Q for the three (3) year period.

C. It the lowest responsible responsive bid exceeds the

estiw ed budgeted amount, the Executive Director is authorized to

rejec’ a]) bids, 9.nd negotiate and execute a contract for Rigging and

Repair th one of the bidders or in the open market based on the

recelat OL informal proposals, in a total aggregate amount not to

xcsed $1,350,000 for the three (3) year period.

SECTION 4. Tfl Board further finds that:


authorized to approve the project manual and plans for the Rigging and

Repair project in advance of construction, pursuant to Government Code

Section 830.6.

Repair

306205


73

B. The Secretary of the Board is hereby authorized to

advertise for four consecutive days in the official newspaper of the

City of Oakland for sealed bids for the project, not less than ten

calendar days prior to the date set for receiving said bids.

C. This project is not for “major mainte4: e” within the

meaning of the Maritime and Aviation Project Labor 41ment (“MAPLA”)

and is not part of the Port’s Capital Improvem Program (“CIP”).

The provisions of the MAPLA do not apply to this ,,,J!;ct.

ID. A bond for the faithful perf< work, and a

bond to guarantee the payment of all claii materials

furnished and for amounts due under the Code,

each in the amount of one hundred pe: price

shall be provided by the Contractor as and

regulations and the contract specific

B. The procedure p applicable laws,

regulations and the contract specif: be taken for the


SECTION 5. In accordance of the California

Environmental Quality Act C Guidelines, it can

be seen that there is no ng the recommended

actions will result in a the environment, and

therefore no further envi new is required. The general

rule in Section 15(3) of WCEQA Guidelines stales that CEQA

applies only toes thhave a potential of causing a

significant effon t1environt. When specific activities that

will be perf’d unde this coct are identified, staff will

determine at,dt CEQA review and clearance is

needed. It iicipactivities may be exempt from CEQA

pursuant to Sectiof!’ 15060(c) (2), 15061(b) (3), 15301,

15302, 15303, l55306, 15309, 15311 or 15330.

is not evidence of and does not create or

>r the grant of any right, entitlement or

iy obligation or liability on the part of

ricer or employee of the Board. This resolution

:zes the execution of an agreement(s) in accordance

is resolution. Unless and until a separate

is duly executed on behalf of the Board as

resolution, is signed and approved as to form and

rt Attorney, and is delivered to other contracting

l1 be no valid or effective agreement(s)

Wi

legalityparty, the

306205


74


WHEREAS, by Resolu

Commissioners (“Board”) on Sept

with TRANSYSTEMS CORPORATION, Iengineering design services; and

Seijternber 11, 2 J.4Item No. 2.2 i

(Rec#14)MCR/iev

WHEREAS, it is des. to further amend said

agreement to authorize Jae Fxec’uti;tWcLor of Lhe Port of Oakland (“Port”)

to approve additiorE r s’agronnent as set forth in the Agenda

Report Item No. 2.. 2014 C”Agenda Repcrt’), and additional

compen.saion for

and evaluated the Agenda Report

the expert testimony of Port staff,

ken public comment; and

‘t in acting upon this matter, the Board has exercised

based on substantial evidence in the record and

facts, daca, analysis, and findings set forth in

ed agenda materials and in testimony received;

BE IT RESOLVED AS FOLLOWS:

Based upon the information contained in the Agenda

eccived, the Board hereby finds and determines that an

ISTEMS CORPORATION will constitute an agreement for

al, technical and soecia.lized services ti-at are temporary

t it is in the best interest of the Port to secure such

TEMS CORPORATION.

j

RESOLUTION APPROVING A SUPI

WITH TRANSYSTEMS CORPORATION TO

CALL ENGINEERING DESIGN SERVI’

ANALYSIS AND IMPROVEMENT

INTERNATIONAL AIRPORT AT

COMPENSATION OF $4OO,OO

CONTRACT PERIOD.

ING THE

by the Board of Port

uthorized an Agreement

‘th respect to on-call

its

Sc rv i Ce 5

306229


75

SECTION 2. The Board hereby:

A. Approves an Agreement with TRANSYSTEMS CTION to provide on—

call engineering desion services for pavement analysis rovexnent projects at

the Oakland International Airport, for an additioaion not to exceed

$400,000 and to extend the current contract 30, 2016, and

subect to aciditiona]. mat:erial. terms and ccnditionss furchscribed in the

Agenda Report.

B. Authorizes the Executive Dijr to execute sPlernent:ai.

agreement, subject to approval as to form anality bthe Port Atco’ ey.

SECTION 3. This resolution i’t evidef ard does cot create or

constrtute (a) a contract, or the grant ny , entitlement or property

interest, or (b) any obligation or liabil part of the Board or any

officer c.r employee of the Board. Unless andW a separate written agreement

is duly executed on behalf of the Board as azed by this resolution, is

signed as approved as to form andegZit’ by cbeAttorney, and is delivered

to other contracting party, ther no valid ctive agreement.

:ective immediately uponSECTION 4. Thisadopt ion by the Board.


76

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

RESOLUTION

WITH YEI ENGINEERS, INC. TO

ELECTRICAL, MECHANICAL AND

ENGINEERING SUPPORT SERVII

OAKLAND FOR A CONTRACT

NOVEMBER 1, 2016

COMPENSATION.

WHEREAS, by Resolul

Commissioners (‘Board”) on Sept

with YEI ENGINEERS, INC., to:

electrical, mechanical and low

I September 11, 2014i Item No. 2.2 ,-

(Rec#15)MCR/iev

WHEREAS, it is des: to further amend said

agreement to authorizee Executiv cror of the Port of Oakland “Port”)

to approve addita agreement as set forth in the Agenda

Report Item No. 2. 2014 (‘Agenda Report”), and additional

compensation for

d and evaluated the Agenda Report

the expert testimony of Port staff,

aken public comment; and

in acting upon this matter, the Board has exercised

based on substantial evidence in the record and

facts, data, analysis, and findings set forth in

:ed agenda materials and in testimony received;


rreceived, the Board hereby finds and determines that an

GINEERS, INC., will constitute an agreement for obtaining

cal and specialized services that are temporary in nature

the best interest of the Port to secure such services from

APPROVING A

d by the Board of Port

uthorized an Agreement

respect to on—call

services; and

and related

its

Re

IFORE, BE IT RESOLVED AS FOLLOWS;

andYE I

306231


77

SECTION 2. The Board herehw:

A. Aoorovos an fgreement with EEl ENGINEERS to provide on-call

ale t rta1, ‘nEhi l , nd ow voltage sysi ems er.gLre suppor services at

the Port of Oakland wLhout additional cornpensationextenO the current

omtact term through c.ember 1, 2016. and subjetaddil materiai terms

std nditiors as furtner described in the Agenda Rep.

B. AutIiorize the ExetuLive Dire to execute s upoiemental

aqcvort, subject to appreval as LO form ar.d!rty by the Port J\

SECTION 3. This resolution isevidecf and does not create or

constitute (a) a contract, or the cran/4 any rirentit±ement or property

interesi: , or (b) any obi igat i on or Ii abjcn cart of the Board or any

officer or employee of the Board. Uneas separate written agreement

is duly executed on behalf of the Bm.d as Wized by this resolution, is

signed as approved as to orx and legality by tt Attorney, and is delivered

to other contracting party, there shall oe no vaidfective agreement.

be’1hc:ive immediately uponSECTION 4.adoption by the Board.

This r


78

September 11, 2014 II Item No. 2

(Rec#16)fr1LjRiiev


by the Board of Portuthorized an Aqreementrh respect to on—call

WHEREAS, it is desZz’e this tTme to further amend saidaqrenwnL Lu auti urZze,,,).4 Execut ictor of th Port of Oakland (“Port”)to npp.ove addition ,,,‘44,,under sagreenent as set forth in the AgendaReport -tern No. 22 e’tember 20l4 (“Agenda Report”), and additionalcomoensation for work;

wKs, the4as revVJed and evaluated the Agenda Reportc’id relaten water9 ed the exoert tesorropy of Port staff,and has lea taken public comment; and

WHEREIt in acting upon this matter, the Board has exercisedL-s jud, based on substantial evidence in the record and

facts, data, analysis, and findings set forth int ,e nda Ppod n eo age’da naterials and L.n :estiron’ received,

4j/ NOW, T FORE, BE IT RESOLVED AS FOLLOWS:

SECTION Based upon the information contained in the AgendaRcpd testinDroccived, the Board hereby finds and determines that anagreeiti tCH CONSULTANTS, INC. will constitute an agreement forobteininfeal, technical and specialized services that are temporaryin na.ro it is in the best interest of the Port to secure suchs’.Hres frj4TECH CONSULT.ANTS, INC.

RESOLUTION APPROVING AWITH LIFTECH CONSULTANTS, INC.CALL ON-CALL CRANE RELATED

INCLUDING URGENT AND EMI

CONTAINER CRANES AT ANCOMPENSATION OF $6OO,OOCONTRACT PERIOD.

ING THE

WHEREAS, by ResoiCommissioners (‘Board”) on Octwith LIFTECH CONSUlTANTS, INC.,crane related structural enginee:

306234


79

SECTION 2. The Board herehy

A. Approves an Agreement wi:h LIFTECH CONSTS, INC. to provideoncaI.L crane related structural engineering including t and emergency workfor Port container cranes, for an additional compensto exceed 0600, 000and to extend the current contract for an additionaIee pars, and subjectto additional material terms and conditions as fuer desc in the AgendaReport.

B. Authorizes the Executive Dir to execute suiementaiagreement, subject to approval as to form anallty bjthe Port Atty.

SECTION 3. This resolution jt evidef and does not create orconstitute (a) a contract, or the grant’ny , entitlement or propertyinterest, or (b) cmv obligation or liabil.fm part of the Board or anyffice;c or employee of the Board. Unless ariW a separate written agreementis duly executed on behalf of the Board as a’ ized by this resolution, issigned as approved as to form and4i;gaiity by theAttorney, and is deliveredto other contracting party, there : no valid ective agreement.

active immediately uponSECTION 4. Thisadoption by the Board.


80


RESOLUTION APPROVING A

WITH NORTHGATE ENVIRONNENTALPROVIDE FOR ON-CALL El

SERVICES AT AN ADDITIONAL

$100,000 AND EXTENDING THE

September 11, 2014

W}{EREAS, by Resolution No. 0723pted by the Board of Port

Commissioners (“Board’) on September 4, 2007, tard authorized an Agreementwith NORTHGATE ENVIRONTAL NGMENT, for co mg services with respectto on-call environmental comp1i&. ces; and

further amend saidPort of Oakland (“Port”)set forth in the Agenda

14 (“Agenda Report”), and additional

ied and evaluated the Agenda Reportche expert testimony of Port staff,

ceived, the Board hereby finds and determines that an

ENVIRONMENTAL MANAGEMENT will constitute an agreementsionel, techn.ica.l and specialized services that are

that it is in the best interest of the Port to secureENVIRONMENTAL MANAGEMENT.

WNEREAS, it isagreement to authorize the Execu.to approve additional work underReport Item No. 2,2, dacomoensa ti on for

t ;i e

public comment; and

this matter, the Board has exercised

based or. substantial evidence in the record andthe facts, data, analysis, and findings set forth in

ated agenda materials and in testimony received;

IT RESOLVED AS FOLLOWS:


such

336235


81


A. Approves an Agreement with NORTHGATE ENNTAL MNAGE’€NT to

provide oncail environmental compliance services, for itional compensation

not to exceed $100,000 and to extend the current contod tnough December

3, 2O4, arid subject to additional material LerrLd tions as further

described in the Agenda Report.

B. Authorizes the Executive Dire to execute upo1emnental

agreement, subject to approval as to form and icy by the Port

SECTION 3. This resolution isevidenpf and does n create or

constitute (a) a contract, or the grant,df’ any ri entitlement or property

interest, or (h) any obligation or 1iahor jperc of the Board or any

officer or employee of the Board. Unless separate written agreement

is duly executed on behalf of the Board asized by this resolution, is

signed as approved as to form and 1egality by :t Attorney, and s delivered

to other contracting party, there ll be no valieffective agreement.

.11 baective immediately uponSECTION 4. This

adrption by the Board.


82

September 11, 2014kern No.(Rec#18)MCR/iev Lk

BOARD OF PORT COMMSSIONERSCITY OF OAKLAND

RESOLUTION APPROVING A SUP]WITH NOPDHAV INC. DOING BUSENVIRONMENTAL TO PROVIDE

ENVIRONMENTAL COMPLINCE

ADD I TIONAL MAXIMUM

WHEREAS, by Resolution No. 12— by the Board of PortCommissioners (‘Board”) on December 20, 2012, T’ ard authorized an Agreementwith NOPDHAV INC. DOING BUSINE AS BASELINE ON€NTAL, for consultingservices with respect to on-ca. ital comp services; and

:0 further amend saidPort of Oakland (‘Port”)set forth ic the Agenda

)14 (“Agenda Report”), and additional

and evaluated the Agenda Reportthe expert testimony of Port staff,

public comment; and

this matter, the Board has exercisedbased on substantial evidence in the record and

the facts, data, analysis, and findings set forth inrelated agenda materials and in testimony received;

Based upon the information contained in the Agenda:eceived, the Board hereby finds and determines that anV INC. DOING BUSINESS AS BASELINE ENVIRONMENThL willt for obtaining professional, technical and specializedorary in nature and that it is in the best interest of

oh services from NORDHAV INC. DOING BUSINESS AS BASELINE

WHEREAS, i t is deagieement to authorize the Execulto approve additional work underReport item No. 2.2, datcompensation for suc

toe

IT RESOLVED AS FOLLOWS

306236


83


A. Apuroves an Agreement with NORDHAV INC. BUSINESS AS BASELINEENVIRON€NTAL to proin o-i—all ervicnmeutal services, for anadditional compensation not to exceed $200,000, and s additional materialterms and conditions as further described in the Age epor

B. Authorizes the Executive )irect to execute supplementalagreement, subiect to approval as to orrn and 1j.tY by the Portey.

SECTION 3. This resolution is vidence of and does create ore ) a n4 recr, ci the gra *ny r1g en: tierrent or oroerty

interest, or (h) any obligation or liay on tert of the Board or anyofficer or employee of the Board. Unlessuritseparate written agreementis cul executed o otalf of the Boaro. tzeo b this resofitionsigned as aporoved as to form and legality by6rt Attorney, and is deliveredto other contracting tarty, there shall he no va... effective agreement.

shall fective immediately uponSECTION 4. Thisadopt on by the Board.


84

September 11, 2014 1Item No.

22a?_J(Rec# IS)MCR/ev


RESOLUTION APPROVING AWITH NORDHAV INC. DOING BUSENVIRONl4ENTAL TO PROVIDE

ENVIRONMENTAL SERVICES FORBASE AT AN ADDITIONAL$200,000.

WHEREAS, by Resolution No. 0l377,ted by the Board of PortCommissioners (“Board”) on Octo.,,2, 2001 and nded by Port Resolutions07015, 10—86 and 14—47, the :ized an enc with NORDHAV INC.DOING BUSINESS AS BASELINE El nsul services with respectto as-needed consulting service tion, remediation andreporting regulatory requirements Army Base; and

WHEREAS, iis desirf this time to further amend saida7roemnt to of the Port of Oak]. and (“Port”)to approve aoditioT’ nder saagreement as set forth in the AgendaReport Item No 24dated tember l014 (“Agenda Report”), and additionalc:.omoensation foh work, d

WS, theewed and evaluated the Agenda Reportand ielaL’c’ ?ved the expert testimony of Port staff,and hi provided ‘ dies for and taken public comment; and

in acting upon this matter, the Board has exercisedsed on substantial evidence in the record andcts, data, analysis, and findings set forth ined agenda materials and in testimony received;

., BE IT RESOLVED AS FOLLOWS:

Based upon the information contained in the Agendareceived, the Board hereby finds and determines that anV INC. DOING BUSINESS AS BASELINE ENVIRONTAL willt for obtaining professional, technical and specialized

temporary in nature and chat it is in the best interest ofre such services from NORDHAV INC. DOING BUSINESS AS BASELINE

ics

Repo.agrec:on a Li. tulservices tthe Port toENVIRONNENTAL.

306237


85


A. Approves an Agreement with NORDHAV INC. BOSINESS AS BASELINEENVIRONNTAL co provide on-call environmental servrc Etc former OaklandArmy Base, for an additional compensation 90t to vith no changesin the current contract period, and subject to g%’Jonerial terms andcondt ions as further described in the Agenda Report P

B. Authorizes the Executive Dire to execute suuoplementalagreement, subject to approval as to form and iiity by the Port Atiey.

4.SECTION 3. This resolution i4Yf evLdenpf and does not create orconstitute (a) a contract, or the grant any entitlement or propertyinterest, or (b) any obligation r iZabiIon part of the Board or anyofficer or employee of the Board. jnless aa separate written agreementis div execcut:ed on behalf of the 3oard as rized by this resolution, issogned as approved as to form and legaHty by t!t Attorney, and is deliveredt:o other contractinc party, there ll be no vaiifective agreement.

he”bctive ivrediateiy uponSECTION 4. Thisadoption by the Board.


86

reptember 11, 2014Item No.: 2.2

iif21BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

WHEREAS, the I.oard hasitem No. 2.2 dated Septembe.r 11,materials, has reCe iied the expertoc’portunties for and taken public cc

WHEREAS, that jr rc ng upofl the Board has exercisedits pdeperdnt judgment based on substan,eildence in the record andadopr and re’es upon the facts, data, anal1 and findings set forth inth Agendo Repoir and in relacenda Tna:eriai in testimony received;ma, rheefore be t

RESOLVED, that pur ance 1606, Section 22, the0oad fiuch and determites ct to 19 tbt interest to delegate tothe k-.Lutive L.iectoi, ano h bi1es toe Rxeeutive Director, theam:thor2:y tr finall, resoie any non—bid ootest.s in connection wtthany of the follo rmq,iora1 ses contracts:

nicrion 4ggement Support ServicesTesind Construction Inspection Services

trical t_ng and Engineering Services atort and Maritime Area

.gn Services for Improvement Projectskland Internarional Airport and the Maritime and

.al Real Estate Arearographic Surveying and Mapping Servicesfessional Land Surveying and Mapping Services

tos arcd Lead Paint Consulting Servicesoral Inspection and Material Testing

RESOLUTION AUTHORIZING THERESOLVE BID AND NON-BID PROTESTS.

TO

reviewc2014teaL

Reportagenda

:aff, and has provided

1.2.

4.


87

SUMMARY SHEET for PERMIT APPLICATION(This Summary Agenda Sheet to be used for ALL permits in this category for which Board approval is recommended.)

DATE: August 26, 2014 PORT PERMIT NO: 5040

1\’Recommnd Approvi

Re)yProvaI

-27_/L/

BUILDlNG PERMIT APPLICATION: _New Construction _Addition XAlteration_Demolition Repair Other, Tank

PORT TENANT: PERMIT APPLICANT:

Chevron Chevron Aviation

LOCATION OF PROPOSED WORK: 7799 Earhart Road, Hangar 10

BRIEF DESCRIPTION OF PROPOSED WORK: Installation of a roof-top air conditioning

unit. The unit will be on the roof of the two-story office section of the

building. It is lower than the hangar portion so it will not increase

the building height. The work will include a new electrical circuit and

ducting. This site is on the State—wide Hazardous Waste and Substances

Sites List (“Cortese List”), used by the State and CEQA lead agencies to

comply with CEQA. Development projects on Cortese listed sites are

prohibited from relying on categorical exemptions per CEQA Guidelines

Section 15300.2 (e) . However, because the equipment replacement is

outside of the area of the subsurface investigation, and soil and

groundwater will not be disturbed, it is not subject to Section

15300.2(e) of the Guidelines and a categorical exemption is appropriate.

SCHEDULED FOR VALUATION OFBOARDACTION: Date: September 11, 2014 WORK: $ 43,000.

FROM: PORT PERMITS, ENGINERING SERVICES DEPARTMENT

R9knmend Approval

ROUTE TO: (Please sign and send to next on list ASAP)

Date:

(1) PORT ENVIRONMENTAL ASSESSMENT SUPERVISOR, ENVIRONMENTAL PLANNING DEPARTMENT

ASSESSMENT: CAT. EX. 15302 (c). ReDlacement of reconstruction of existinci utility systems

(2) DIRECTOR OF ENGINEERING

Cat. //Sec.No., NQfc. Mit.Neg.

JJ A44

Dec., or EIR

(3) EXECUTIVE DIRECTOR

Date:

Date:

_____________

(4) PORT PERMITS - ENGINEERING SERVICES DEPARTMENT:

Reirfhefid ApprovalDate:

Received By:Date:

BOARD APPROVAL: Resolution No: Date:


88


RESOLUTION APPROVING

REQUESTED BY

9/11/14Item No.: 2.3JS/lhr

RESOLVED, that in reliance representations and

certifications set forth upon and sum1tte1 with an application by

CHEVRON AVIATION, (‘tenant”) for a building permit to perform certain

work at 7799 Earhart Road, Hangar 10, Oakland, California

(“Premises”) , the Board of’ Pcrt Commissioners (“Board”) hereby

approves same subject to said represe’.ta.:’rs and -certifications at an

estimated cost of $43,000, ad work and apolic’able conditions of Port

of Oakland (“Port”) approval iuuding the folloFling:

1) Installation of a rooOD4rconditioring unit;

‘ical circuit and ducting;

and conditions set forth

the Port and all other

the Premises;

t the Board hereby tinds and determines that

:ese List prohibiting the reliance on

tions per CEQA Guidelines 15300.2(e); however

‘it replacement is outside of the area of the

tion, and soil and groundwater will not be

subject to Section 15300.2(e) of the Guidelines

:ion is appropriate; and be it

NED, that (a) neither this resolution nor the

Board’s .1 of said work (i) is a waiver by the Board of any Port

right or remedy with respect to applicant under any agreement between

the Port and the applicant or with respect to any obligation of

2) Instal

3)

and be

and

306230


89

applicant, or (ii) releases applicant from any obligation with respectto said work or with respect to any agreement between the Port andapplicant and (b) this resolution is not evidence of and does notcreate or constitute Ci) a contract, or the grant of any right (otherthan to perform the work subject to the provisions of thisresolution), entitlement or property interest, or (ijny obligationor liability on the part of the oard or any of fi&’or employee ofthe Board.

FURTHER RESOLVED, that this resolutionimmediately upon adoption by the Board.

306230


90

SUMMARY SHEET for PERMIT APPLICATION

(This Summary Agenda Sheet to be used for ALL permits in this category for which Board approval is recommended.)

DATE: August 26, 2014 PORTPERMITNO: 5039

BUILDING PERMIT APPLICATION: _New Construction XAddition XAlteration_Demolition _Repair _Other, Tank

SIGN PERMIT APPLICATION _WaIl Sign _Pole Sign_New _Alter Repair_Non-electric Electric Tern porary


Landmark Aviation Landmark Aviation

LOCATION OF PROPOSED WORK: 8991 Earhart Road, (Hangar 3)

BRIEFDESCRIPTIONOFPROPOSEDWORK: Installation of a new modular building,approximately 23 feet by 60 feet, on the ramp outside Hangar 3. Theapplicant will install water and electrical connections by overhead linesto Hangar 3. The modular building will be bolted to the existingconcrete for seismic safety. They will also install three 10x12 ftstorage units adjacent to the modular building. Landmark Aviation isdoing the work for its sub—tenant, Calstar. This project has beendetermined to be exempt from the requirements of the CaliforniaEnvironmental Quality Act pursuant to Sections 15301 (e)


FROM: PORT PERMITS, ENGINEERWIG SERVICES DEPARTMENT

_____________________

Date: / >/mend Approval



ASSESSMENT: CAT. EX. 15301(e) Addition of small structureCat,’x. /Sec.No., F’4eg.Dc., Mit.Neg. Dec., or ER

1’! r’,I

//A..MAA_- Date:

__________

F’c6mm nd AprVov I


__________________________

Date: / /‘Recom d proval


____________________________

Date: 27 /Rec6rn nd Approval

(4) PORT PERMITS - ENGINEERING SERVICES DEPARTMENT:

__________________________

Date:Received By:



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92


9/11/14Item No.: 2.4JS!lhr

RESOLUTION APPROVINGREQUESTED BY PIEDMONTLLC DBA LANDMARK AVIATION.

23

wit1i of the terms and conditions set forths agreements with the Port and all otheregulating use of the Premises;

1) Instalfeet

RESOLVED, that in reliance representations andcertifications set forth upon and subrtw with an application byPIEDMONT HAWTHORNE AVIATION, LLC. dba L, AVIATION, (“tenant”)for a building permit to Aterform certai’1rk at 8991 Earhart,Oakland, California (“ Port Commissioners(“Board”) hereby approves aiYrepreseritations andcertifications at an esti p,00o, said work andapplicable conditions of Port •t”) approval includingthe following:

3;

electrical connections by

of three 10X12 ft storage units adjacent to

2) I;

3)ng;

and

JVED, that the Board hereby finds and determines thatbeen determined to be exempt from requirements of the

California Lronmental Quality Act (CEQA) and the Port CEQAGuidelines pursuant to Section 1S301(e); and be it

306233


93

FURTHER RESOLVED, that (a> neither this resolution nor theBoard’s approval of said work (i) is a waiver by the Board of any Portright or remedy with respect to applicant under any agreement betweenthe Port: and the applicant or with respect to any obligation ofapplicant, or (ii) releases applicant from any obligation with respectto said work or with respect to any agreement betwib the Port andapplicant aod (b) this resolution is not evidenc and does notcreate or constitute (i) a contract, or the grant, any right (otherthan to perform the work subject to the 4pLisions of thisresolution), entitlement or property interest /IhII\ any obligationor liability on the part of the Board or employee ofthe Board.

ect iveFURTHER RESOLVED

immediately upon adoption by the Board.

306233


94

SUMMARY SHEET for PERMIT APPLICATION

(This Summary Agenda Sheet to be used for ALL permits in this category for which Board approval is recommended.)

DATE: August 26, 2014 PORTPERMITNO: 5036

BUILDING PERMIT APPLICATION: _New Construction Addition XAiteration_Demolition _Repair _Other, Tank

SIGN PERMIT APPLICATION _WaII Sign _PoIe Sign_New _Alter _Repair_Non-electric _Electric _Temporary


Aviation Institute of I4echanics Aviation Institute of 1’Iechanics

LOCATION OF PROPOSED WORK: 9260 Earhart Road

BRIEFDESCRIPTIONOFPROPOSEDWORK: Relocation of an existing monument sign,approximately 4 feet high by 7 feet wide on a 12—18 inch base. The signis currently located at their building at 9636 Earhart across the street,and will move to the front of the main classroom building at 9260Earhart. This project has been determined to be exempt from therequirements of the California Environmental Quality Act pursuant toSections 15311.


FROM: PORT PERMITS, INE G RVICES DEPARTMENT

______________________

Date:

____________

\ómmend Approval



ASSESSMENT: CAT. EX. 1 53t1, Installation of on-I?remise signsC t. Ex. I$ec.No., g ec.,-Mit.Neg. Dec., or EIR

______________

Date: i///ecomm nd Approv I


___________________________

Date: /‘Rec en pproval


__________________________

Date:R om end Approval

(4) PORT PERMITS - ENGINEERING S ICES DEPARTMENT:

___________________________

Date:Received By:



95

9/11/14Item No.: 2.5JS/Ihr

BOARD OF PORT COMMISSIONERSCiTY OF OAKLAND

RESOLVED, that in ie representations andcertifications set forth with an application byAVIATION INSTITUTE OF C a building permit toperform certain work at kiand, California(“Premises”) , the Board (“Board”) herebyapproves same subject to sai d certifications at anestimated cost of $7,000, sal. ble conditions of Portof Oakland (“Port”) aproval incudn the following:

existigmonument sign, approximately 4t wide 12—18 inch base;

erms and conditions set forth‘chanics’ agreements with the

other documents regulating use of the

, that the Board hereby finds and determines that

n determined to be exempt from the requirements ofonmental Quality Act (“CEQA”) pursuant to Section

RESOLUTIONREQUESTED BY AVIATIONMECHANICS.

1) Relocalfeet

2)

306239


96

FURTHER RESOLVED, that (a) neither this resolution nor theBoard’s approval of said work (I) is a waiver by the Board of any Pertright or remedy with respect to applicant under any agreement betweenthe Port and the applicant or with respect to any obligation ofapplicant, or (ii) releases applicant from any ob1ig n with respectto said work or with respect to any agreement be’n the Port andapplicant and (b) this resolution is not evideof and does noteate or constitute (i) a contract, or the gia4ôany iight (otherthan to perform the work subject to tbions of thisresolution), entitlement or property interesior liability on the part of the Board orthe Board.

y obligation)loyee of

306239


97


1

AGENDA REPORT

TITLE Approval of Two Space/Use Permits with Airline Services Providers Operating at Oakland International Airport (Aviation)

AMOUNT Estimated $32,000 Annually

REVENUECAPITAL EXPENDITURE

OPERATING EXPENSE

NON-OPERATING EXPENSE

PARTIES INVOLVED British Airways PLC, New York, NYCamillo Sales, Duty Maintenance Manager

Pegasus Aviation Services, LLC, Anchorage, AKMark Kostrzewa, Station Manager

SUBMITTED BY Deborah Ale Flint, Director of Aviation


REQUESTED ACTION ORDINANCE

EXECUTIVE SUMMARY

This action would adopt an ordinance to approve the terms and conditions, and ratify the Executive Director’s execution of, the Space/Use Permits (SUP) with British Airways PLC and Pegasus Aviation Services, LLC, who are airline services providers operating at Oakland International Airport (OAK).

ADDITIONAL FINDINGS APPLIESDOES NOT

APPLY

MARITIME AVIATION PROJECT LABOR AGREEMENT (MAPLA) P

LIVING WAGE REGULATIONS P

GENERAL PLAN CONFORMITY P

OWNER-CONTROLLED INSURANCE PROGRAM (OCIP) P


98


2

BACKGROUND

Airline services providers are third-party companies that provide various services to passenger and cargo airlines, including: passenger, ground and cargo handling; catering services; aircraft washing; airline tenant space janitorial services; aircraft maintenance and repair; passenger, catering and cargo security; and, specialized equipment maintenance and repair. Individual companies may not offer all of these airline services.

British Airways (serving as an aircraft maintenance service provider, not an airline) and Pegasus Aviation have been contracted by Norwegian Air Shuttle ASA to provide on-site aircraft maintenance for its Boeing 787 Dreamliner, which recently commenced service between OAK and Stockholm and Oslo. Airlines are free to choose their airline services providers based on their individual needs and requirements.

On an interim basis, British Airways and Pegasus Aviation have entered into the Port’s standard form SUP which authorized immediate commencement of services and continuing for up to five (5) years, provided the Board subsequently approves the terms and conditions, and ratifies execution.

ANALYSIS

Both SUPs will have a five-year term with a mutual 30-day termination provision (either party may terminate on 30 days’ written notice) and authorizes access to the Airport to provide third-party airline services. No premises are occupied by these airline services providers. Consideration is a minimum monthly fee of $250.00 or 10% of gross revenues, whichever is greater. The terms and conditions of each agreement are as follows, including anticipated revenue payable to the Port:

Additionally, Port Finance has completed a credit screening and concurs with the performance deposits (representing six-months of anticipated payments due the Port) listed in the table, which have already been placed with the Port.

Airline Services ProviderFY14-15 Revenue

Minimum Fee

Performance Deposit

British Airways PLC $18,000 $250.00 $9,000Pegasus Aviation Services, LLC 14,000 250.00 7,000Total Anticipated Revenue $32,000


99


3

BUDGET & STAFFING

The SUPs with British Airways and Pegasus Aviation were negotiated after the FY14-15 Operating Budget was developed and provides incremental revenue of $32,000 above the recently adopted FY2014-15 Budget. These revenue streams are anticipated to continue, and if so, will be incorporated into future years’ budgets.

There will be no change in Port staffing as a result of entering into these agreements.


The matters contained in this Agenda Report do not fall within the scope of the Port of Oakland Maritime and Aviation Project Labor Agreement (MAPLA) and the provisions of the MAPLA do not apply.

STRATEGIC PLAN

The action described herein would help the Port achieve the following goals and objectives in the Port’s Strategic Plan(http://www.portofoakland.com/pdf/about/strategicPlan2011-2015.pdf).

ß Goal B: Objective 1: Retain existing customers and tenants.

ß Goal D: Objective 1: Improve cash position and debt service coverage ratio (DSCR).

LIVING WAGE

Living wage requirements, in accordance with the Port’s Rules and Regulations for the Implementation and Enforcement of the Port of Oakland Living Wage Requirements (the “Living Wage Regulations”), do not apply to these agreements as British Airways and Pegasus Aviation individually do not employ 21 or more employees working on Port-related work. However, the tenants will be required to certify that should living wage obligations become applicable, the tenants shall comply with the Living Wage Regulations.

ENVIRONMENTAL

The action proposed in this agenda report involves executing agreements with British Airways and Pegasus Aviation. Executing these agreements has been determined to


100


4

be categorically exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301, Existing Facilities, which exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.

GENERAL PLAN

This action does not change the use of any existing facility, make alterations to an existing facility, or create a new facility; therefore, a General Plan conformity determination pursuant to Section 727 of the City of Oakland Charter is not required.

OWNER-CONTROLLED INSURANCE PROGRAM (OCIP)PROFESSIONAL LIABILITY INSURANCE PROGRAM (PLIP)

The Owner Controlled Insurance Program (“OCIP”) and Professional Liability Insurance Program (PLIP) do not apply to the matters addressed by this Agenda Report as they are not capital improvement construction or design projects.

OPTIONS

1. Approve the terms and conditions of Space/Use Permits with British Airways PLC and with Pegasus Aviation Services, LLC as outlined above, and ratify the execution of each agreement, thereby permitting each company to continue to provide airline services on the same terms and conditions as other airline services providers also operating at Oakland International Airport. This is the recommended action.

2. Do not approve the terms and conditions of the Space/Use Permits as outlined above, with British Airways PLC and Pegasus Aviation Services, LLC which would (i) result in the termination of these airline services providers’ operating privileges at OAK, including providing valuable services for their airline clients, (ii) increase their airline clients’ staffing needs as its employees would need to provide the services, and (iii) potentially harm the Port’s relationship with the airlines contracting with these airline services providers.


101


5

3. Do not ratify execution of and reject the proposed Space/Use Permits as outlined above, with British Airways PLC and Pegasus Aviation Services, LLC, but recommend different terms and conditions.

RECOMMENDATION

It is recommended that the Board adopt an ordinance (i) approving the terms and conditions of two Space/Use Permits (SUPs), and (ii) ratifying the Executive Director’s execution of these SUPs, all subject to the Port Attorney's review and approval as to form and legality, and based on the following:

1. The Permittees are British Airways PLC and Pegasus Aviation Services, LLC.

2. The Term of the SUPs is five (5) years with the right of either party to terminate upon written 30-day notice.

3. Consideration under the SUPs is a minimum monthly fee of $250 or 10% of gross revenues, whichever is greater. Anticipated annual revenue totals $32,000.

4. The SUPs require each Permittee to provide a performance deposit: $9,000 for British Airways PLC, and $7,000 for Pegasus Aviation Services, LLC.

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102

BOARD OF PORT COMMISSIONERSC!TY OF OAKLAND

ORDINANCE APPROVING

PERNITS WITH AIRLINE

OPERATING AT OAKLAND I]

el/fl /41ILA 2

WHEREAS, the Boa:d of Port tormi2 (“Board”) has reviewed

H’G evoluatec the Aond Revert 1ten 2.’4ated September 11, 2014

(“Pgend Rc’poit”) od reJa aqeeda ma1s, has received the

eXni.. t(-sS 11.0 / Of Port (“Port”) and has provided

opporut-ities fo and tQ<Cfl ond

AIIL1JI&rWHEREAS, n act eq upon has exercised its

• de)..ondcnL iec1qrrt ha ed on evidence in the record and

JopLo d re±eshe aWiata, na1ysis, and findings set

fo:Lh in ime and elated agenda materials and in

tc’tmory rece nowerefore

BE IT NED bvpo. Commissioners of the City of

Crt:nd or

Section 1.1TBnard approves the terms and conditions of, and

Director’s execution of, Space/Use Permits

s PLC and Pegasus Aviation Services, LLC,

senger and cargo airlines as described in

each for a term of five years through March 31,

a minimum monthly fee of $250 or 10% of gross

is qrcate:, and at terms and conditions set forth

t, and uoon such standard terms and condItions as

UP and approved by the Executive Director, subject

ey’ s review and aporoval a.s to form and legality.

Sectio’. The Board hereby authorizes the Executive Director to

make such additions, iaooifications, or corrections as necessary to

imp1enent toe SUP or to correct errors, subJect to the iimication-s set

forth herein and provided that any such addition, modification or

correction does not:. materially differ from the terms and conditions

set forth herei n and in the .qenda Report.

VARII

inS000i..to the


103

Section 3, the Board hereby finds and determines that executing

these suits . s Ca Legor icafly exempt from the Cali to.rnia Environmental

Pooh tv teL “CECIA”) oursuant to CPQA Guidelines Sections 1S301,

Exist ing )‘acil inca . CEQA does not apply to the operation, repair,

rudintenance, permitting, leasing, licensing, or minor alteratnon of

exist:i iir rubl.r. c or orivane structure: facil rL’, mechanical

equ:i.piner;t or topograobi.ca I features, involving .igihle or no

expe nsion of use beyond that exist irig an the time he lead agency’ s

determination.

Section 4. This ordinarce is not not create

or co’ot Ito I.e (a) a contract or lease, .titleme(’,r prooerty

inte:rest., or (b) any obligation or liohi.lIon the par the Board

or any officer or emoloyee of the BoarIinless and uneparate

written agreement Cs) are duly execut•n behalf of the rd as

aut.hoi:iz ed by this ord:i.nance, is si and a%oved as to form and

legality by the Port Attorney, 15 t1rered to the other

contrncti.na party, there shall be no ective agreement (5)

President

Secretary.

Approved as to form and kgaHty:

Attest:

Port Attorney2).) 6242


104

1

AGENDA REPORT

TITLE Approval of a Space/Use Permit with Aviation Port Services, L.L.C. at Oakland International Airport (Aviation)

AMOUNT $339,111 Estimated Annual Revenue


OPERATING EXPENSE


PARTIES INVOLVED Aviation Port Services, L.L.C.Lars-Tony Hogdahl, CEO & Managing Member




EXECUTIVE SUMMARY

This action would adopt an ordinance to approve the terms and conditions, and ratify the Executive Director’s execution of a Space/Use Permit (SUP) with Aviation Port Services, L.L.C. (APS) who occupies office and warehouse space at Oakland International Airport (OAK) and is an airline services provider operating at OAK.


APPLY

MARITIME AVIATION PROJECT LABOR AGREEMENT (MAPLA) P

LIVING WAGE REGULATIONS P

GENERAL PLAN CONFORMITY P

OWNER-CONTROLLED INSURANCE PROGRAM (OCIP) P


105

2

BACKGROUND

Airline services providers are third-party companies that provide various services to passenger and cargo airlines, including: passenger, ground and cargo handling; catering services; aircraft washing; airline tenant space janitorial services; aircraft maintenance and repair; passenger, catering and cargo security; and, specialized equipment maintenance and repair. Individual companies may not offer all of these airline services.

Pursuant to an existing agreement1, since 2008, APS has been contracted as an airline services provider by several airlines operating at OAK; currently: Allegiant Air, LLC;Hawaiian Airlines, Inc.; Norwegian Air Shuttle ASA; SATA Internacional; and Volaris. Airlines are free to choose their airline services providers based on their individual needs and requirements.

To most efficiently provide its services to airlines, APS occupies office and warehouse space at OAK. APS needs office space to handle its operations with Norwegian and SATA; the other airlines occupy their own office space which they share with APS. Norwegian is carrying cargo, and has contracted with APS to handle, necessitating space in the cargo warehouse.

On an interim basis, APS has entered into the Port’s standard form SUP which authorized immediate occupancy of space and continuation to provide services for up to five (5) years, provided the Board subsequently approves the terms and conditions, and ratifies execution.

ANALYSIS

The SUP has the following terms and conditions:

Permittee: Aviation Port Services, L.L.C.

Term: Approximately five years (through April 30, 2019), with a mutual 30-day termination provision (either party may terminate on 30 days’ written notice)

Use: Access to the Airport to provide third-party airline services, and exclusive use of 124± square feet of office space in Port Building M102 (Room 1008) plus 2,200± square feet of cargo warehouse space in Port Building M112 (Bay 22).

1 APS commenced operations at OAK effective January 1, 2008 pursuant to a Right-of-Entry and Indemnity Agreement, which was superseded by a License and Concession Agreement dated October 1, 2008, authorized by the Board pursuant to Resolution No. 08209 (October 7, 2008).


106

3

Consideration: Total Estimated Annual Revenue is $339,111.

Operating Privilege: 10% of gross revenues, budgeted at $264,000 in FY14-15; plus,

Space Rentals:

Location Square Feet Rate Monthly Rent Annual Rent

M102 Office 124± $18.222 $2,259.28 $27,111

M112 Cargo Space 2,200± 1.823 4,000.00 48,000

Total Annual Space Rent $75,111

2 Rates for office space in the Terminal Complex are set annually by the Board pursuant to the Rates & Charges Ordinance.

3 Rates for the M106-M112 are based on Fair Market Rental Value as confirmed by an MAI Appraisal dated June 13, 2013. This rate will be adjusted annually based on changes in the Consumer Price Index.

Premises: The location of the M102 Office and M112 Cargo Building Space (Bay 22) are illustrated below:


107

4

Performance Deposit: $100,000 or approximately 3.5-times anticipated monthly billings; in conformance with Port Policy AP509. Port Finance has completed a credit screening and concurs with this amount.

BUDGET & STAFFING

The FY14-15 Operating Budget includes $298,920 in revenue from APS for percentage of gross revenues and from space rental; however, there will be additional $40,191 in unanticipated revenue earned by entering into this SUP. If APS continues to operate at OAK and provides airline services, then this revenue stream should continue into the future.

Entering into this SUP with APS will not impact Port staffing.


The action to approve the SUP does not fall within the scope of the Port of Oakland Maritime and Aviation Project Labor Agreement (MAPLA) and the provisions of the MAPLA do not apply to this action. However, if in the future tenant construction work under this SUP exceeds the thresholds required for coverage under the MAPLA, the provisions of MAPLA will apply when Port Permits are requested for the construction work.

STRATEGIC PLAN


ß Goal B: Objective 1: Retain existing customers and tenants.

ß Goal D: Objective 1: Improve cash position and debt service coverage ratio (DSCR).

LIVING WAGE

Living wage requirements, in accordance with the Port’s Rules and Regulations for the Implementation and Enforcement of the Port of Oakland Living Wage Requirements (the “Living Wage Regulations”), apply to this agreement as the tenant employs 21 or more employees working on Port-related work and the tenancy agreement is greater than $50,000.


108

5

ENVIRONMENTAL

The action proposed in this agenda report involves executing an agreement with Aviation Port Services, L.L.C. Executing this agreement has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301, Existing Facilities, which exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.

GENERAL PLAN



The Owner Controlled Insurance Program (OCIP) and Professional Liability Insurance Program (PLIP) do not apply to the matters addressed by this Agenda Report as they are not capital improvement construction or design projects.

OPTIONS

1. Approve the terms and conditions of the Space/Use Permit (SUP) with Aviation Port Services, L.L.C. (APS) as outlined above, and ratify the Executive Director’s execution of the SUP, thereby permitting APS to (i) continue to provide airline services on the same terms and conditions as other airline services providers also operating at Oakland International Airport, (ii) occupy office space in Terminal 1, and (iii) occupy warehouse space in the Cargo Building. This is the recommended action.

2. Do not approve the terms and conditions of the Space/Use Permit as outlined above, with Aviation Port Services, L.L.C. (APS) which would (i) result in the termination of APS’ operating privileges at OAK, including providing valuable services for its airline clients, (ii) increase its airline clients’ staffing needs as the airlines’ employees would need to provide the services, (iii) result in a loss to the Port of approximately $339,111 in percentage fees and space rentals, and(iv) potentially harm the Port’s relationship with the airlines contracting with APS.


109

6

3. Do not ratify execution of and reject the proposed Space/Use Permit as outlined above, with Aviation Port Services, L.L.C. but recommend different terms and conditions.

RECOMMENDATION

It is recommended that the Board adopt an ordinance (i) approving the terms and conditions of a Space/Use Permit (SUP) with Aviation Port Services, L.L.C. (APS), and (ii) ratifying the Executive Director’s execution of this SUP, all subject to the Port Attorney's review and approval as to form and legality, and based on the following:

1. The Term of the SUP is five (5) years through April 30, 2019 with the right of either party to terminate upon written 30-day notice;

2. Consideration for the operating privilege is 10% of gross revenues, budgeted in FY14-15 at $264,000;

3. Right to occupy 124± square feet of office space in Terminal 1 at an initialmonthly rent of $2,259.28 pursuant to the Rates and Charges Ordinance;

4. Right to occupy 2,200± square feet of warehouse space in the Cargo Building at an initial monthly rent of $4,000 subject to annual increase based on changes in the CPI;

5. APS will be required to post a security deposit in the amount of $100,000.

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110

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND ‘i\ 2. 1

WHEREAS, th’ Ruid of Port. C arc”) has ieviewedann Led the Agenda Report I September 11, 2014(‘Acnda Ret-art”) arid related age s, oas recerved thec/pert testamony of Port of Oakland (Ws:aft, and has providedoppoLunit to and taken public comrrend

WHEREAS, Ln actinq 4s matte Board has exercisedts 1nd’qenacnt luidment ba’i tnLialence in the record

and rdocts anc relics upon t iivsis, and findings setfotn in the Agenda Report enda materials and intnstlrn(? iy received; row, theref

Port Commissioners of the City of

wes the terms and conditions setSpace/Use Permit (“SUP”> with

on the following terms:

e SUP is for five years through April 30, 2019,ination by either party upon thirty days’

ccupv approximately 124 square feet of office spacenal 1 at an initial monthly rent of $2,259.28

t to the Rates and Charges Ordinance;

B. Rigi’lt to occupy approximately 2,200 square feet of warehousespace in the Cargo Building at an initial monthly rent of$4,000, subject to annual increase based tn changes in theCPI; and

E. The additional terms and conditions as further described inthe Agenda Report.

ORDINANCE APPROVING A SPACE/USEAVIATION PORT SERVICES LLCINTERNATIONAL AIRPORT.

BE IT ORDAUOakland as fc’ll

Section

f:orth in tfAviation Port

Boar

ion for the ocerating privilege is 10% of gross

Pe rt 23O624


111

Section 2. The Board heron’,’ ratifies the Executive Director’sexecution of said SUP, and hereby authorizes the Executive Director tonuke su;h acdrr:ons, modifications, or c;crrections as necessary noin lement rho SUP or to correct errors, subject no the limitations setforrh nero in and provided that any such addition, mcdi f.Lcaticn orcor rec;ticn does not materially dif rfrorn the ter:hand Conditionsset forth herein and in t:he Aqenda Reuort

Section 3. The Board hereby finds and detes that executionof a e(cidJ l einat from therents of the(.;aJ.ilc.rr:a LnvL1onmental Quality Act (“CEQA” pursuant toSection 15301 (ExistIng Facii.i.cies), whic operation,repair, maintenance, permitting, lees r minoral SoreS ion of ox sting puhi i..c or pr: ities,mechanical equipment or topographical igibleor no expansion of use beyond that ‘e leadaoency’ a determi natlon

Section 4, This ordinance is non of and does not createor consti tute (5 ) a contract (a) , or grant of any right,entitlement or property intest, or (b) hligation or liabilityon the part of the Board officer oloyee of the Board.Unless and until a sepa ra duly executed onbehalf of the Board as aut ..narice, is signed asappxoveo as to form and. 1. ort Attorney, and isdelivered no o her corracni shall he no valid or

f fec ti ye con tract.

Pcrt Attorney

he effective immediately upon

President.

Secretary.

he time of

Section 5aSoptior cv

Approved as to

Attest:

and ‘egality:

Page 2 or 230024 6


112


1

AGENDA REPORT

TITLE Three (3) year contract renewal with the United States Department of Agriculture-Wildlife Services (USDA-WS) for Wildlife Management Services.

AMOUNT $669,000 (FY 2014-2017)


OPERATING EXPENSE


PARTIES INVOLVED United States Department of Agriculture-Wildlife Services Sacramento, CADennis Orthmeyer, State Director




EXECUTIVE SUMMARY

It is requested that the Board of Port Commissioners approve the three (3) year contract renewal with the United States Department of Agriculture-Wildlife Services.


APPLY

MARITIME AVIATION PROJECT LABOR AGREEMENT (MAPLA) x

LIVING WAGE REGULATIONS x

GENERAL PLAN CONFORMITY x

OWNER-CONTROLLED INSURANCE PROGRAM (OCIP) x


113


2

BACKGROUND

Title 14 Code of Federal Regulations, part 139.337, Wildlife Hazard Management, prescribes the specific issues that a Wildlife Hazard Management Plan and Program must address for FAA approval and inclusion in the Airport Certification Manual (ACM). Changes to these regulations in 2003 increased the required level of training needed and the importance of a Wildlife Hazard Management Plan.

The geographic location of the Airport along the pacific coast and the large diversity of bird species (gulls, geese, waterfowl, wading birds, pigeons and raptors) as well as other birds and mammals in the area, offers many challenges to Airport staff in attempting to limit the effects of wildlife on aircraft safety. Worldwide more than 400 lives have been lost as a result of collisions between planes and wildlife in the last 40 years. Estimated damages to aviation from wildlife strikes exceed $300 million annually just for U.S. carriers.

The Port has had an agreement with the USDA-WS since 1999. On July 30, 2007 the Board authorized a two (2) year contract extension with option for five (5) additional years. The standard agreement that USDA-WS enters into with airports specifies an agreement not to exceed five (5) years. The agreement can now be renewed for three (3) years until September 31, 2017 with Board approval. Each year the USDA contract amount is included in the Aviation Division budget. Should the Board desire to reduce or eliminate funding, the USDA contract can be terminated with 60 days written notice.

ANALYSIS

The services provided by USDA-WS are unique in the aviation industry and USDA is the only entity that can provide the entirety of required services. USDA directly supports OAK's FAA-approved Airport Wildlife Hazard Management Plan by mitigating wildlife presence on the Airport through activities that include, but are not limited to, harassment, trapping, and taking of birds, tracking of wildlife trends, removal of small and large game, and training for staff on proper maintenance of grasses and foliage on the airfield to limit wildlife attractants on Airport property. An active wildlife program is critical to the safety of passengers at OAK due to the presence of large bodies of water adjacent to, and numerous wetlands on, Airport property that attract waterfowl and other animals that can damage an aircraft. Because of this, staff is requesting authorization to continue to contract with USDA for the services described in this agenda report and waive competitive bidding requirements.


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BUDGET & STAFFING

The FY 2014-15 budget included $216,300 for the USDA contract and, a three (3) percent increase for future years. All costs are recoverable by Airlines Rates and Charges.

FY 2014-2015 $216,300FY 2015-2016 $222,789FY 2016-2017 $229,473



STRATEGIC PLAN


ß Goal G: Objective 2: Partner to share risk, accountability, benefits and improve environmental and safety compliance.

ß Goal G: Objective 5: Develop effective relationships with regulatory and resource agencies.

LIVING WAGE

Living wage requirements, in accordance with the Port’s Rules and Regulations for the Implementation and Enforcement of the Port of Oakland Living Wage Requirements, do not apply to this agreement because United States Department of Agriculture is a government agency.


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ENVIRONMENTAL

Federal Aviation Administration (FAA) Regulations, Part 139.337 requires Oakland Airport to implement a Wildlife Hazard Management Plan and Program in order to protect the safety of the public (e.g., airport/airline passengers and the surrounding community), aircraft, and the airfield. The activities of this program have been part of the airport's on-going operations (Bird Hazard Reduction) since the late 1960s and were put in place prior to the adoption of the California Environmental Quality Act (CEQA) in 1970. Renewing the existing contract for wildlife management services is statutorily exempt from CEQA pursuant to CEQA Guidelines Section1526, Ongoing Project.

GENERAL PLAN

This project is for professional services and will not directly include any alteration of property. Development projects that result from these professional services will be subject to separate findings of conformity with the City of Oakland General Plan in accordance with Section 727 of the Charter.


The Owner Controlled Insurance Program does not apply to this contract.

OPTIONS

1. Approve the resolution authorizing a three (3) year contract renewal with USDA-WS to provide two full-time Wildlife Biologist/Specialists to perform wildlife management services and waive competitive bidding.

2. Reject the resolution and hire Port employee(s) to perform the wildlife biologist functions required by the Airport’s Wildlife Hazard Management Plan.

RECOMMENDATION

1. Adopt a resolution authorizing the Executive Director to enter into a three (3) year contract renewal with USDA-WS to provide two (2) full-time wildlife biologist/specialists to perform wildlife management services and waive competitive bidding.


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Agreement Number: 15-73-06-5429-RA AP.RA.RX06.73.0087

SCOPE OF WORK/FINANCIAL PLAN BETWEEN

CITY OF OAKLAND, ACTING BY AND THROUGH ITS BOARD OF PORT COMMISSIONERS (THE PORT)

AND UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES (WS) 10/1/14-9/30/15

COOPERATOR: Port of Oakland, Oakland International Airport LOCATION: Oakland, CA CONTACT PERSON: Matt Davis, Airport Operations Manager - Airside One Airport Drive, Oakland, CA 94621 Phone: (510)563-6431 Fax: (510) 430-9392 OBJECTIVE: To provide wildlife hazard management services to Oakland International Airport (OAK). Work under this agreement will include:

1. To continue to provide recommendations to the Port, Oakland International Airport on mitigating wildlife hazards;

2. To conduct on-airport operational activities for OAK, including the provision of two (2) full-time Wildlife

Service Employees with a minimum of one Wildlife Biologist and one Wildlife Specialist. Each of these staff members shall attend a Manager-on-Duty Shift Briefing at least once each week, and be on site in accordance with the submitted and approved schedule. USDA Staff members who will not be on site in accordance with the approved schedule must notify the Manager-on-Duty prior to the scheduled start time for that shift by calling 510-563-3360, as well as the Airside Operations Manager at 510-563-6436 or by e-mail. USDA staff shall be available by two-way radio or cell phone while on-site, respond to cell phone calls within a reasonable time frame when on duty, and the biologist will check e-mail at least once per day when on-site;

3. To provide assistance in maintaining the Wildlife Hazard/Strike database, and provide operations personnel with

training to identify and manage wildlife hazards at the airport;

4. To provide advice in the development of a plan for the removal of Pampas Grass at both South and North fields;

5. To each spring eliminate the nesting of waterfowl (geese, ducks, etc.) on the Airport;

6. To maintain a zero-tolerance wildlife control program on the airfield and maintain a trapping program for

starling, sparrow, pigeon and other species as agreed to by the Port and USDA. All possible efforts shall be made to research and utilize non-lethal methods of control, and only use lethal methods as a last resort at OAK.


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7. To annually review for program effectiveness and compliance the Wildlife Hazard Management Plan maintained by the Airport Wildlife Coordinator (WC);

8. To quarterly report to WC on all current and potential bird perching areas, (i.e., terminals, walkways, fences, parking areas) and to assist in conducting an annual survey to identify un-needed fences and light poles and directional signs used as bird perching areas or habitat unless such reports are determined to be unnecessary by the Airport and USDA; 9. To monthly provide a presentation to Airside Operations employees on the current status of the wildlife program

and on the safe and effective application of wildlife dispersal measures;

10. To annually assist the WC in renewing the migratory bird depredation permits, and ensure all activities conducted at OAK are in compliance with all provisions of applicable permits, as well as federal, state, and local laws;

11. To provide the WC and Airside Operations a monthly Operations Plan with goals and objectives and a

schedule for the upcoming month and provide a summary report of the prior month’s activities with such information as days worked, areas surveyed, status of special projects and other items mutually agreed to;

12. To assist in the planning of the Runway Safety Area(s) project and the selection of materials best suited for

habitat reduction;

13. To review project landscaping plans and provide input on use of appropriate landscaping materials to minimize wildlife attractant.

14. To review projects near Airport property as requested by the Port and provide input on compatible use and appropriate building and landscaping materials to minimize wildlife attractant.

15. To assist the Port in communications with entities near the Airport that may be contributing to increased wildlife at the Airport and to provide input on appropriate mitigation methods to minimize wildlife attractants at such locations.

FINANCIAL PLAN

10/1/2014-9/30/2015 Salary & Benefits $ 145,314.00 Travel & Training $ 2,000.00 Equipment, Supplies $ 7,000.00 Vehicle $ 15,800.00 Pooled Job Costs $ 18,713.00 APHIS Overhead $ 27,473.00

Total for two positions $ 216, 300.00 WS will bill the Port on a quarterly basis for expenses incurred. Such costs include, but are not limited to, salary/benefits, vehicle use, supplies/equipment and administrative overhead costs. Funds may be moved from one category to another as long as the total amount does not to exceed $216,300.00 for the current fiscal year. As required by the Cooperative Agreement a new Scope of Work/Financial Plan is required each year.


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In accordance with the Debt Collection Improvement Act (DCIA) of 1996, bills issued by WS are due and payable within 30 days of receipt. The DCIA requires that all debts older than 120 days be forwarded to debt collection centers or commercial collection agencies for more aggressive action. Debtors have the option to verify, challenge and compromise claims, and have access to administrative appeals procedures which are both reasonable and protect the interests of the United States. AUTHORIZATION: City of Oakland, acting by and through its Board of Port Commissioners No. 1 Airport Drive, Box 45 Oakland, CA 94621 Tax Identification Number: 94-1746312 A _________________________________________ ____________________ Cooperator Representative, Organization Name Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Dennis Orthmeyer, State Director 3419-A Arden Way Sacramento, CA 95825 Tax Identification Number: 41-0696271 __________________________________________ ______________________ Dennis Orthmeyer, State Director Date __________________________________________ ______________________ Director, Western Region Date


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Agreement Number: 15-73-06-5429-RA AP.RA.RX06.0137

COOPERATIVE SERVICE AGREEMENT

between CITY OF OAKLAND, ACTING BY AND THROUGH ITS BOARD OF PORT COMMISSIONERS,

(THE PORT) and

UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE

WILDLIFE SERVICES (WS)

ARTICLE 1 – PURPOSE The purpose of this agreement is to reduce and minimize threats posed by wildlife to aircraft and human safety at the Oakland International Airport.

ARTICLE 2 - AUTHORITY APHIS WS has statutory authority under the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C.426-426b) as amended, and the Act of December 22, 1987 (101 Stat. 1329-331, 7 U.S.C. 426c), for the Secretary of Agriculture to cooperate with States, individuals, public and private agencies, organizations, and institutions in the control of wild mammals and birds that are reservoirs for zoonotic diseases, or are injurious or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and public health and safety.

ARTICLE 3 - MUTUAL RESPONSIBILITIES The Cooperator and WS agree:

a. To confer and plan a WDM program that addresses the need for managing threats caused by wildlife in Oakland, California. Based on this consultation, WS will formulate annually, in writing, the program work plan and associated budget and present them to the Cooperator for approval.

b. Each year the Cooperator and APHIS-WS must agree to and sign the annual Work and Financial Plans,

which upon execution are incorporated into this Agreement by reference.

c. When either of the Cooperating parties address the media or incorporate information into reports and/or publications, both Cooperating parties must agree, in writing, to have their identities disclosed when receiving due credit related to the activities covered by this agreement.

d. That APHIS-WS has advised the Cooperator that other private sector service providers may be available

to provide wildlife management services and notwithstanding these other options, Cooperator requests that APHIS-WS provide wildlife management services as stated under the terms of this Agreement.

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ARTICLE 4 - COOPERATOR RESPONSIBILITIES

The Cooperator agrees:

a. To designate, Matthew Davis, Airport Operations Manager, One Airport Drive, Box 45, Oakland, CA 94621, (510) 563-6436, as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this Agreement;

b. To reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in the Work

and Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the Work and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are performed. The Cooperator agrees to pay all costs of service submitted via an invoice within 30 days of the date of the submitted invoice or invoices as submitted by APHIS-WS. Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996. If the Cooperator is delinquent in paying the full amount of the due service costs submitted by APHIS-WS, and/or is delinquent in paying the due late payments, and/or is delinquent in paying the interest, penalties, and/or administrative costs on any delinquent due service costs, APHIS-WS will immediately cease to provide the respective service associated with the submitted service costs. APHIS-WS will not reinstate or provide the respective service until all due service costs, and/or due late payments, and/or due interest, penalty, and/or administrative costs are first paid in full.

c. To provide a Tax Identification Number or Social Security Number in compliance with the Debt

Collection Improvement Act of 1996. d. As a condition of this Agreement, The Cooperator ensures and certifies that it is not currently debarred or

suspended and is free of delinquent Federal debt.

ARTICLE 5 – WS RESPONSIBILITIES

WS agrees:

a. To designate Dennis Orthmeyer, California State Director, 3419A Arden Way, Sacramento, CA 95825, (916) 979-2675 as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this Agreement;

b. The performance of wildlife damage management actions by WS under this agreement is contingent

upon a determination by WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable environmental statutes. WS will not make a final decision to conduct requested wildlife damage management actions until it has made the determination of such compliance;

c. To provide qualified personnel and other resources necessary to implement the approved WDM

activities delineated in the Work and Financial Plan referenced in 3.a of this Agreement.

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121


d. To bill the Cooperator for costs incurred in performing WDM activities as authorized in the approved annual Work and Financial Plan as may be amended.

e. To notify the Cooperator if costs are projected to exceed the amounts estimated and agreed upon in

the Financial Plan. WS will cease providing goods or services until a revision to the Work and Financial Plan, as appropriate, have been agreed to and signed by both parties to this Agreement.

f. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to

inspect the accounts and records of WS pertaining to such claims for reimbursement to the extent permitted by Federal laws and regulations.

ARTICLE 6 – WS CONDITIONS For costs borne by WS, this agreement is contingent upon the passage of the Agriculture, Rural Development, and Related Agencies Appropriation Act for the current fiscal year from which expenditures may be legally met and shall not obligate APHIS upon failure of Congress to so appropriate. This Agreement also may be reduced or terminated if Congress provides APHIS funds only for a finite period under a Continuing Resolution.

ARTICLE 7 – ASSURANCES

Nothing in this agreement shall prevent any other State, agency, organization or individual from entering into separate agreements with WS the Cooperator for the purpose of managing wildlife damage.

ARTICLE 8 – CONGRESSIONAL RESTRICTIONS Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefit to arise therefrom.

ARTICLE 9 – APPLICABLE REGULATIONS All WDM activities will be conducted in accordance with applicable Federal, State, and local laws and regulations. This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). In this agreement, APHIS provides goods or services on a cost recovery basis to nonfederal recipients.

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122


ARTICLE 10 – AGREEMENT EFFECTIVE DATE This Agreement shall become effective 10/1/14 and shall continue for a period not to exceed 3 years. This agreement may be amended at any time by mutual agreement of the parties in writing. It may be terminated by either party upon 60 days written notice to the other party. Further, in the event the Cooperator does not for any reason reimburse expended funds, WS is relieved of the obligation to continue any operations under this agreement. AUTHORIZATION: City of Oakland, acting by and through its Board of Port Commissioners One Airport Drive, Box 45 Oakland, CA 94621 Tax Identification Number: 94-1746312 A _________________________________________ ____________________ Cooperator Representative, Organization Name Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Tax Identification Number: 41-0696271 ___________________ State Director, California Date __________________________ Director, Western Region Date

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123

9/I /I4[iIi2.8 c,)J


RESOLUTION FINDING AND DETERMININGWITH THE UNITED STATES DEWILDLIFE SERVICES CONSTITUTESAND SPECIALIZED SERVICES THAT

WAIVING COMPETITIVE BIDDINGOF SAID AGREEMENT,

WHEREAS, the Board nf oard”) has reviewed

arid evaluated the Agenda RE t September 11, 2014

(“Aqenda Report”) and reid 1s, has received the

expert testimony of Port of staff, and has provided

opporturit:i es for ana ken publment.; now, therefore,-F

RESOLVED ti cci fiV and decermines that the pcoposed

ageoricnt ft ‘e rrenart services will constitute an

a-ecnent to ftssi onal1echnica1 and specialized services

that are tOl it is in the best interest of the

Port to sec competitive bidding, and hereby

aproves and the Executive Director to execute, for and on

bchai f 0±. the Rog a three 3) year contract in an amount not to

three year period, as more fully described in

that this resolution is not evidence of and does

tute (a) a contract, or the grant of any right,

rty interest, or (b) any obligation or liability

Board or any officer or employee of the Board.

iroves and authorizes the execution of an agreement

EXECUTION

cx cc’

on

This


124

i.n accordance with the terms of this resolution. Ass and until aseparate written agreement is duly executed on be of the Board asauthorized by this resolut] on, is signed and apd as to form andlegality by the Port ltLorney, and is to the othercon:racting party, there shall be no valid or rreement; and

FURTHER RESOLVED, in acting uponexercised its independent judgment basthe record and adopts and relies upfindings set forth in the Agenmaterials and in testimony received

ard hasnce ins, and

in related agenda


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304726

PORT ORDINANCE NO. 4302

ORDINANCE AMENDING PORT ORDINANCE NO. 867CREATING A NEW CLASSIFICATION OF MANAGER OF UTILITY ADMINISTRATION.

WHEREAS, the Board of Port Commissioners (“Board”) has reviewed and evaluated the Agenda Report Item 2.3, dated July 24, 2014 (“Agenda Report”) and related materials, has received the expert testimony of Port of Oakland (“Port”) staff, and has provided opportunities for and taken public comment; now, therefore,

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. Section 8.30 is hereby added to Port Ordinance No. 867 to read as follows:

SectionNo.

No. ofPositions Title

Salary orSchedule No.

8.30 1 Manager of Utility Administration 557.8

Section 2. In acting upon the matters contained herein, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, findings and conditions set forth in the Agenda Report and in related materials and in testimony received.

The Board of Port Commissioners, Oakland, California, July 24, 2014. Passed to print for one day by the following vote: Ayes: Commissioners Butner, Colbruno, Hamlin, Head, Parker, Uno and President Yee – 7. Noes: 0.

John T. BettertonSecretary of the Board


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304784

PORT ORDINANCE NO. 4303

ORDINANCE APPROVING AND RATIFYING A SPACE/USE PERMIT WITH PIEDMONT HAWTHORNE AVIATION, LLC DBA LANDMARK AVIATION.

WHEREAS the Board of Port Commissioners of the City of Oakland (“Board”) has reviewed and evaluated the Agenda Report for Agenda Item 2.4, dated July 24, 2014 (the “Agenda Report”) and related agenda materials, has received the expert testimony of Port of Oakland (“Port”) staff, and has provided opportunities for and taken public comment; now, therefore

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received.

Section 2. The Board hereby approves the terms and conditions proposed in the Agenda Report for and hereby ratifies the Executive Director’s execution of a Space/Use Permit with Piedmont Aviation, LLC dba Landmark Aviation for a five- (5) year term at a monthly rental rate of $4,374, subject to specified increases over time, for approximately 8,780 square feet of office, shop and parking uses within the Hangar 6 (Building L-610) premises, subject to the Port Attorney’s approval as to form and legality.

Section 3. The Board hereby finds and determines that this transaction is categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant Port CEQA Guidelines Section 15301(p), which exempts renewals, extensions or amendment to leases or license and concession agreements where the premises or licensed activity was previously leased or licensed to the same or another person, and involving negligible or no expansion of that previously existing.

Section 5. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement, lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board.

The Board of Port Commissioners, Oakland, California, July 24, 2014. Passed to print for one day by the following vote: Ayes: Commissioners Butner, Colbruno, Hamlin, Head, Parker, Uno and President Yee – 7. Noes: 0.

John T. BettertonSecretary of the Board


127







MINUTES

CESTRA BUTNERPresident

ALAN S. YEEFirst Vice-President







June 26, 2014 – 1:00 p.m.


ROLL CALL

Vice-President Yee called the Regular Meeting of the Board for June 26, 2014 to order at the hour of 1:07 p.m. and the following Commissioners were in attendance:

Commissioner Colbruno, Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Yee.

President Butner was excused.

1. CLOSED SESSION

Vice-President Yee convened the Board in Closed Session at the hour of 1:10 p.m. to hear the following Closed Session Items:

1.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9)

CMC Food Services LLC and NNF Grewal, Inc. v. Port of Oakland, et al., Alameda County Superior Court Case No.: RG13685134

1.2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of California Government Code Section 54956.9): Number of Matter 1



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2

Property: Oakland Army BaseNegotiating Parties: Port of Oakland and CCIG/PrologisAgency Negotiator: Director of Maritime, John DriscollUnder Negotiation: Price and Terms of Tenancy

Property: Berths 25-26Negotiating Parties: Port of Oakland and Ports America Outer HarborAgency Negotiator: Director of Maritime, John DriscollUnder Negotiation: Price and Terms of Tenancy

Property: Roundhouse/Sherex Property, Middle Harbor RdNegotiating Parties: Port of Oakland and Union Pacific Railroad CompanyAgency Negotiator: Director of Maritime, John DriscollUnder Negotiation: Price and Terms of Tenancy

1.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION - (Pursuant to California Government Code Section 54957.6)

Title: Chief Audit Officer and Secretary of the Board.

ROLL CALL/OPEN SESSION

Vice-President Yee reconvened the Regular Meeting of the Board for June 26, 2014 to order at the hour of 4:00 p.m. and the following Commissioners were in attendance:

Commissioner Colbruno, Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Yee.

President Butner was excused.


The Port Attorney, Danny Wan, reported that the Board had taken no final Action in Closed Session.

2. CONSENT ITEMS

The Board Secretary introduced the Consent Items.

A Motion to approve the Consent Items, 2.1 through 2.10 was made by Commissioner Colbruno and seconded by Commissioner Uno.

Commissioner Parker was out of the room during the discussion and vote on the Consent Items.

2.1 Resolution: Cancellation of Airport Operations Specialist Eligibility List (Finance & Admin.)


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3

2.2 Resolution: Cancellation of Aviation Senior Marketing and Communications Representative Eligible List (Finance & Admin)

2.3 Building Permit: Aviation Port Services LLC, 1 Alan Shepard (#M112) – Tenant improvement for air cargo operations Engineering

2.4 Ordinance No. 4291, 2nd Reading Of An Ordinance Approving And Authorizing A Space/Use Permit With Leidos, Inc., To Allow For Maintenance Of Passenger Screening Equipment Owned By The Transportation Security Administration At Oakland International Airport.

2.5 Ordinance No. 4292, 2nd Reading Of An Ordinance Authorizing The Executive Director To (1) Enter Into A Second Supplemental Agreement To The Non-Exclusive Preferential Assignment Agreement (“NEPPA”) With Trapac, Inc., To Clarify The Mag Adjustment Terms Of The NEPPA; And (2) To Modify The Name Of The Entity That Is Signatore To The NEPPA From Trapac Inc. To Trapac, LLC.

2.6 Ordinance No. 4293, 2nd Reading Of An Ordinance Approving And Authorizing A New Right Of Way Use Permit Agreement With SFPP, L.P. Covering: (I) Two Petroleum Products Pipelines That Run Along The Bulk Of The Length Of The Perimeter Dike Surrounding The Oakland International Airport And Under The San Francisco Bay; (Ii) A Metering Station; And (Iii) A Cathodic Protection System, For A Twenty-Five (25) Year Term, An Initial Annual Rental Of $63,935 Plus Two Additional Payments Totaling $2.7 Million.

2.7 Ordinance No. 4294, 2nd Reading Of An Ordinance Approving A Space/Use Permit With Accessible Aviation, Inc. For Port Building L-712 Located At 8053 Earhart Road For A Five-Year Term, At A Monthly Rent Of $2,094.84.

2.8 Ordinance No. 4295, 2nd Reading Of An Ordinance Approving A Space/Use Permit With Technical Education Services, Inc. dba Aviation Institute Of Maintenance For A Hangar, Office Building And Warehouse, At A Monthly Rent Of $32,958.79.

2.9 Ordinance No. 4296, 2nd Reading Of An Ordinance Approving And Authorizing A Space/Use Permit With Tricopian LLC For The Installation And Operation Of Automated Portable Charger Dispenser Machines At Oakland International Airport.

2.10 Ordinance No. 4297, 2nd Reading Of An Ordinance Approving And Authorizing The Executive Director To Execute A Month-To-Month Extension To The Ports America Outer Harbor Terminal, LLC Non-Exclusive Preferential Assignment Agreement For The Berths 25/26 Marine Terminal.

The Motion to approve the Consent Items passed by the following votes: (5) Ayes: Commissioner Colbruno, Commissioner Head, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Yee and President Butner; (2) Excused: Commissioner Parker and President Butner..


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4

Commissioner Parker returned to the meeting at 4:19 pm.

FIRST OPEN FORUM

Vice-President Yee called for Open Forum to be taken out of order to accommodate the large number of speakers.

The Following people addressed the Board in the First in Open Forum: Brian Woodson, DaShawn Clinton, John Jones, Bill Chorneau, Helen Duffy, Fred Pecker, Rayna Smith and Kate O’Hara.

4.1 Report: Unaudited Financials for 10 months ended April 30, 2014

4.2 Resolution: Approval of the Annual Operating and Capital Budgets for Fiscal Year Ending June 30, 2015.

3. MAJOR PROJECTS

Item 3.1 was pulled by the Executive Director, Chris Lytle.

3.1 PULLED Resolution: Material Procurement Agreement with Union Pacific Railroad Company (Engineering & Maritime)

4. BUDGET & FINANCE

Chief Executive Officer, Sara Lee, introduced the Budget Items.

A Motion to approve Item 4.2 was made by Commissioner Parker, and seconded by Vice President Hamlin.

The Motion to approve Item 4.2 passed by the following votes: (6) Ayes: Commissioner Colbruno, Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Yee; (1) Excused: President Butner.


There were no Strategy & Policy Items.


Executive Director, Chris Lytle, introduced Item 6.1.

A Motion to approve Item 6.1 was made by Commissioner Head, and seconded by Vice President Hamlin.

6.1 Ordinance: Authorization for Unit H Employees to Receive 2.5% Salary Adjustment Effective July 1, 2014 (Finance & Admin)


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5

Deborah Ale-Flint, Director of Aviation, presented Item 6.3, 6.4 and 6.5.





Chris Chan, Director of Engineering, presented Item 6.2.


6.2 Resolution: Authorization for the Executive Director to Execute Agreements with the Northern California Power Agency for Power Management Services (Engineering)


6.3 Report & Resolution: Board Input and Approval Regarding the Selection Process and Evaluation Criteria for Airport Contract Security Guard Services Request for Proposal (RFP) and Authorization for Executive Director to Execute Supplemental Agreement to Extend Existing Contract with ABC Security Service, Inc. up to Three Months, Ending December 31, 2014. (Aviation)


6.4 Ordinance: Proposed Fiscal Year 2015 Airline Landing Fee Rates and Terminal Space Rental Rates (Aviation)



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6

____________________________ _________________

6.5 Resolution: Authorization to Execute a Professional Services Agreement with Kimley-Horn and Associates to Provide Consulting Services for the Replacement of the Airport Parking Revenue Control System (PARCS) (Aviation)



Aviation Director, Deborah Ale-Flint and Vice-President Earl Hamlin, reported on the reception honoring the Port’s newest European carrier, Norwegian Airlines.

Executive Director, Chris Lytle, reported that the I.L.W.U. contract will expire on July 1st.

Commissioner Colbruno reported on the passing of Caroline Alain-Rodman, Director of Local & State Government Relations at T. Y. Lin International. He requested that the meeting be adjourned in her memory.

8. SCHEDULING

There were no Scheduling Items.

SECOND OPEN FORUM

There were no speakers during the Second Open Forum.

ADJOURNMENT

There being no additional business, the Board adjourned the meeting in memory of Caroline Alain-Rodman, at 5:16 p.m.

John Betterton, Secretary Date Board of Port Commissioners


133







MINUTES









July 10, 2014 – 1:00 p.m.


ROLL CALL

President Butner called the Regular Meeting of the Board for July 10, 2014 to order at the hour of 1:05 p.m. and the following Commissioners were in attendance:

Commissioner Colbruno, Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Yee and President Butner.

1. CLOSED SESSION

President Butner convened the Board in Closed Session at the hour of 1:06 p.m. to hear the following Closed Session Items:

1.1 PULLED: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9)

CMC Food Services LLC and NNF Grewal, Inc. v. Port of Oakland, et al., Alameda County Superior Court Case No.: RG13685134



PULLED: Property: Berths 25-26Negotiating Parties: Port of Oakland and Ports America Outer Harbor


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Agency Negotiator: Director of Maritime, John DriscollUnder Negotiation: Price and Terms of Tenancy

Property: Roundhouse/Sherex Property, Middle Harbor RdNegotiating Parties: Port of Oakland and Union Pacific Railroad CompanyAgency Negotiator: Director of Maritime, John DriscollUnder Negotiation: Price and Terms of Tenancy

1.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION - (Pursuant to California Government Code Section 54957.6)

Titles: Secretary of the Board andChief Audit Officer

1.4 THREAT TO PUBLIC SERVICES OR FACILITIES – (Pursuant to California Government Code Section 54947)

Consultation with: Michael O’BrienPort Facilities Security Officer


President Butner reconvened the Open Session of the Regular Meeting of the Board at 3:31 p.m. and the following Commissioners were in attendance:



The Port Attorney reported that no final actions were taken in Closed Session.

9. ELECTION OF OFFICERS

Item 9 was taken out of order to accommodate the schedule of the Commissioners.


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3

PRESIDENT

Commissioner Uno nominated Alan Yee for President.

Commissioner Parker nominated Ces Butner for President.

The Motion to elect Alan Yee, President, passed by the following vote: (6) Ayes: Commissioner Colbruno, Commissioner Head, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Yee and President Butner; (1) No: Commissioner Parker.

FIRST VICE PRESIDENT

Commissioner Yee, seconded by Commissioner Hamlin, nominated Ces Butner for First Vice President.

The Motion to elect Ces Butner, First Vice President, passed by the following vote:(7) Ayes: Commissioner Colbruno, Commissioner Head, Commissioner Parker,Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Yee and President Butner.

SECOND VICE PRESIDENT

Commissioner Yee nominated Earl Hamlin for Second Vice President.

The Motion to elect Earl Hamlin, Second Vice President, passed by the following vote:(7) Ayes: Commissioner Colbruno, Commissioner Head, Commissioner Parker,Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Yee and President Butner.

2. CONSENT ITEMS


A Motion to approve the Consent Items was made by Commissioner Head and seconded by Vice-President Yee.

2.1 Resolution: Extension of the Eligible List for Equipment Systems Engineer from August 27, 2014 through August 27, 2015. (Finance & Admin)

2.2 Ordinance 4298: 2nd Reading Of An Ordinance Amending Port Ordinance No. 867 Ratifying And Setting The Compensation Of Certain Employees Of The Port Department Belonging To Employee Representation Unit H.

2.3 Ordinance 4299: 2nd Reading Of An Ordinance Amending Port Ordinance No. 3634, As Amended, Relating To Landing And Tenant Terminal Space Rental Fees At Metropolitan Oakland International Airport.


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2.4 Minutes: Approval of the Minutes of the Regular Meeting of May 22, 2014 and the Special Meeting of June 5, 2014. (Board Secretary)

The Motion to approve the Consent Items passed by the following votes: (7) Ayes: Commissioner Colbruno, Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Yee and President Butner.

3. MAJOR PROJECTS

There were no “Major Projects” discussed.

4. BUDGET & FINANCE

There were no “Budget & Finance” items discussed.

Commissioner Uno, left the meeting at 3:30 PM.


Items 5.1 and 5.2 were taken in reverse order.

Port Wharfinger, Ralph Reynoso, and Fred Castonguay, President and CEO of Port’s America - Outer Harbor, reported to the Board on Item 5.2.

5.2 Report: Maritime Truck Program Update (Maritime)

Chief Financial Officer, Sara Lee and Training and Development Supervisor, Janet Jackson, introduce the 2013-14 Leadership Academy. The two Leadership teams did a short presentation on their class projects.

5.1 Report: From Leadership Academy And Introduction Of Graduates (Finance & Admin)


Information Technology Director, Ron Puccinelli, introduced Items 6.1.

A Motion to approve Item 6.1 was made by Commissioner Colbruno, and seconded by Commissioner Head.

6.1 Resolution: Authorization for the Executive Director to Enter into a One Year Supplemental Agreement with 2Plus2 Partners for Website Maintenance Services (Finance & Admin)

The Motion to approve Item 6.1 passed by the following votes: (6) Ayes: Commissioner Colbruno, 2nd Vice President Hamlin, Commissioner Head, Commissioner Parker, 1st

Vice President Yee and President Butner; (1) Excused: Commissioner Uno.


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Commercial Real Estate Director, Pamela Kershaw, introduced Items 6.2.

A Motion to approve Item 6.2 was made by Commissioner Colbruno, and seconded by Commissioner Head.

Commissioner Parker was out of the room during the discussion and vote on Item 6.2

6.2 Ordinance: Approval of a Five-Year License & Concession Agreement with Shanghai Sintang Industrial Co., Ltd. for the Premises Located at 2400 Embarcadero Road (CRE)

The Motion to approve Item 6.2 passed by the following votes: (5) Ayes: Commissioner Colbruno, 2nd Vice President Hamlin, Commissioner Head, 1st Vice President Yee and President Butner; (2) Excused: Commissioner Parker and Commissioner Uno.

Chief Wharfinger, Chris Peterson, introduced Items 6.3.

A Motion to approve Item 6.3 was made by Commissioner Head, and seconded by Vice-President Hamlin.

6.3 Ordinance: Amend Port of Oakland Tariff No. 2-A to Increase Space Assignment by 2.6%, and to Incorporate Administrative Updates Effective September 1, 2014 (Maritime)

The Motion to approve Item 6.3 passed by the following votes: (6) Ayes: Commissioner Colbruno, 2nd Vice President Hamlin, Commissioner Head, Commissioner Parker, 1st

Vice President Yee and President Butner; (1) Excused: Commissioner Uno.

Item 6.4 was pulled on the recommendation of Chris Lytle.

6.4 PULLED Ordinance: Lease Agreement with Union Pacific Railroad Company for Approximately Six Acres of Land in the Roundhouse/Sherex Area for a Term of 66 Years(Maritime)


Executive Director, Chris Lytle, reported on the Port’s participation in the Agriculture Transportation Coalition Group (“ATCG”). Executive Director Lytle participated in a panel discussion on West Coast Labor.

Commissioner Colbruno reported on the grand opening of Rosenblum Cellars, in Jack London Square, and invited those in attendance to join him for a glass of wine at the conclusion of the meeting.


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8. SCHEDULING

There were no “Scheduling” items.

OPEN FORUM

There were no speakers in Open Forum.

ADJOURNMENT

There being no additional business the Board adjourned at 4:47 p.m.

____________________________ _________________



139







MINUTES









July 24, 2014 – 1:00 p.m.


ROLL CALL

President Butner called the Regular Meeting of the Board for July 24, 2014 to order at the hour of 1:07 p.m. and the following Commissioners were in attendance:


1. CLOSED SESSION

President Butner convened the Board in Closed Session at the hour of 1:08 p.m. to hear the following Closed Session Items:

1.1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of California Government Code Section 54956.9): 1 Matter



Property: Berths 25-26Negotiating Parties: Port of Oakland and Ports America Outer HarborAgency Negotiator: Director of Maritime, John DriscollUnder Negotiation: Price and Terms of Tenancy


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2

Property: 555 Maritime Street, Oakland, CANegotiating Parties: Port of Oakland and Various PartiesAgency Negotiator: Director of Maritime, John DriscollUnder Negotiation: Price and Terms of Tenancy

Property: 10051 Doolittle Drive, Oakland, CANegotiating Parties: Port of Oakland, City of Oakland and Oakland Golf, LLCAgency Negotiator: Deborah Ale Flint, Director of Aviation & Tom Isaac,

President-Oakland Golf, LLCUnder Negotiation: Price and Terms of Tenancy


Employee Organizations:

International Federation of Professional and Technical Engineers, Local 21 (IFPTE-Local 21); Services Employees International Union, Local 1021 (SEIU-Local 1021); Western Council of Engineers (WCE); and International Brotherhood of Electrical Workers, Local 1245 (IBEW-Local 1245)


Unrepresented Employees:

Unit H and Unit M


President Butner reconvened the Open Session of the Regular Meeting of the Board at 3:45 p.m. and the following Commissioners were in attendance:



The Port Attorney reported that no final actions were taken in Closed Session.

RATIFICATION OF ELECTION OF OFFICERS

The Board Secretary reported the outcome of the Election of Officers held at the previous meeting, to wit: Alan Yee, President; Ces Butner, 1st Vice-President and Earl Hamlin, 2nd

Vice-President.

A Motion to approve a Resolution Ratifying the Election of Officers on July 10, 2014 was made by Commissioner Uno and seconded by Commissioner Head.

Resolution: Approval of a Resolution Declaring the Election of Officer at the meeting of July 10, 2014.


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The Motion to approve a Resolution Ratifying the Election of Officers, on July 10, 2014,passed by the following vote: (7) Ayes: Commissioner Colbruno, Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Yee and President Butner.

2. CONSENT ITEMS


A Motion to approve the Consent Items (2.1 through 2.6) was made by Commissioner Colbruno and seconded by Commissioner Butner.

2.1 Resolution: Approval of Increase to the Change Order Limit to Contract for Water Pipeline and Phase 1 Sanitary Sewer Improvements, Oakland International Airport (Engineering)

2.2 Resolution: Authorization to Enter into a Three Year Licensing Agreement for Adobe Acrobat Software (Finance & Admin)

2.3 Ordinance: Creation of a New Classification of Manager of Utility Administration in the Engineering Division (Finance & Admin)

2.4 Ordinance: Ordinance to Approve Space/Use Permit with Piedmont Hawthorne Aviation, LLC d/b/a Landmark Aviation for Office, Shop and Parking (Aviation)

2.5 Ordinance 4300: 2nd Reading Of An Ordinance Approving A Five-Year License And Concession Agreement With Shanghai Sintang Industrial Co., Ltd, For The Premises Located At 2400 Embarcadero Road, For A Monthly Rent Of $7,442.00.

2.6 Ordinance 4301: 2nd Reading Of An Ordinance Amending Port Of Oakland Tariff No. 2-A To Increase Space Assignment Rates By 2.6%, And To Incorporate Administrative Updates Effective September 1, 2014.

2.7 Report: Appointments, Separations and Leaves of Absence for FY 2013-14, 4th Quarter (April 1, 2014 – June 30, 2014) (Finance & Admin)

The Motion to approve the Consent Items (2.1 through 2.6) passed by the following vote:(7) Ayes: Commissioner Colbruno, Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Butner and PresidentYee.

3. MAJOR PROJECTS

BART’s Group Leader for the Oakland Airport Connector, Tom Dunscombe, gave an update on the project.

3.1 Report: Major Project Update – BART Connector (Aviation)Senior Maritime Projects Administrator, Mark Erickson, gave an update on the Oakland Army Base Project.


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3.2 Report: Major Project Update - OAB (Maritime)

A Motion to approve Item 3.3 was made by Vice-President Hamlin, and seconded by Commissioner Butner.

3.3 Resolution: Construction & Reimbursement Agreement and a Material Procurement Agreement with Union Pacific Railroad Company (Maritime & Engineering)

The Motion to approve Item 3.3 passed by the following vote: (7) Ayes: Commissioner Colbruno, Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Butner and President Yee.

4. BUDGET & FINANCE

Chief Financial Officer, Sara Lee, reported on Item 4.1.

4.1 Report: Unaudited Financials for 11 months ended May 31, 2014


The Director of Engineering, Chris Chan and the Director of Social Responsibility, Amy Tharpe reported on Item 5.1.

5.1 Report: Review of the Public Works Bid Procedures and Recommended Modificationsand Other Procurement Issues. (Engineering)

The Manager of Governmental Affairs, Matt Davis, and the Executive Director of the Alameda County Transit Commission, Art Dao presented Item 5.2 to the Board.

A Motion to approve Item 5.2 was made by Commissioner Uno, and seconded by Commissioner Parker.

5.2 Resolution: A Resolution to endorse and support the Alameda County Transportation Commission’s Transportation Expenditure Plan and the extension and augmentation of the existing transportation sales tax on the November 2014 ballot (Government Affairs)



Ron Puccinelli, Director of Information Technologies, introduced Item 6.1.

A Motion to approve Item 6.1 was made by Vice-President Hamlin, and seconded by Commissioner Parker.


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6.1 Resolution: Authorization to Enter into Two Professional Services Contracts for ERP Support Services (Finance & Admin)


The Board Secretary introduced Item 6.2.

A Motion to approve Item 6.2 was made by Commissioner Colbruno, and seconded by Commissioner Parker.

6.2 Resolution: Authorization to Enter into an Agreement to Purchase and Subscribe to Granicus Board Meeting Management Products (Finance & Admin)


Ron Puccinelli, Director of Information Technologies, introduced Item 6.3.

A Motion to approve Item 6.3 was made by Commissioner Head, and seconded by Commissioner Uno.

6.3 Resolution: Authorize the Executive Director to Enter into an Agreement with the East Bay Regional Communications System Authority for Radio Services (Finance & Admin)


Commissioner Colbruno left the meeting at 6:02 pm.

Pamela Kershaw, Director of Commercial Real Estate introduced Item 6.4.

A Motion to approve Item 6.4 was made by Commissioner Parker, and seconded by Vice-President Butner.

Savlan Hauser, Executive Director of the Jack London Improvement District addressed the Board in support of Item 6.4.


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6.4 Resolution: Approval of the Draft Port Share Plan for the Fiscal Year 14-15 for the Jack London Improvement District (CRE)

The Motion to approve Item 6.4 passed by the following vote: (6) Ayes: Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Butner and President Yee; (1) Excused: Commissioner Colbruno.

Chris Chan, Director of Engineering introduced Item 6.5.

A Motion to approve Item 6.5 was made by Commissioner Head, and seconded by Commissioner Parker.

6.5 Resolution: Authorizations Relating to Rejection of All Bids for the Demolition of North Field Airport Traffic Control Tower, Oakland International Airport (Aviation)

The Motion to approve Item 6.5 passed by the following vote: (6) Ayes: Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Butner and President Yee; (1) Excused: Commissioner Colbruno.


Vice-President Hamlin reported on the July 17, 2014 Audit Committee

7.1 Report Out On The July 17, 2014 Audit Committee (Hamlin)

8. SCHEDULING

President Yee announced that the Board would be on recess until September 11th.

OPEN FORUM

Sandy Threllfall addressed the Board in Open Forum.

ADJOURNMENT

There being no additional business the Board adjourned at 6:19 p.m.

____________________________ _________________



145


INFORMATIONAL REPORT

(This item is for information only and no action is requested or required of the Board of Port Commissioners.)

TITLE: Quarterly Report of Construction Change Orders for 4th Quarter FY 13/14

BOARD MEETING DATE: September 11, 2014

SUBMITTED BY: Chris Chan, Director of Engineering

APPROVED BY: J. Christopher Lytle, Executive Director

SUMMARY Port Ordinance No. 1606 requires that Port staff submit quarterly reports to the Board of Port Commissioners summarizing change orders issued on Port public works contracts. Attached is the summary change order report for the 4th quarter of Fiscal Year 2013/2014 (Attachment A). Also attached, for your reference, is a list of change order types with an explanation of each (Attachment B).


146

Quarterly Report of Construction Change Orders for 4th Quarter FY 13/14 ATTACHMENT A

QUARTERLY REPORT

OF

CONSTRUCTION CHANGE ORDERS

FOR

4th QUARTER OF FISCAL YEAR 2014

During the fourth quarter of FY 2014 there were 12 active construction contracts with an

aggregate value of $108,333,647.00. A total of 13 contract change orders, totaling $442,300.17

were issued on 3 of these construction contracts. This amounts to 0.4% of the $108,333,647.00

aggregate total contract value, or 0.6% of the $79,836,482.00 value of those 3 contracts.

Following is a table listing the various change order types, the total dollar amount issued for

each type, and the percentages of the total value of all contracts and the 3 that had change

orders issued against them.

Change Order Type

Total

% of All Contracts

% of 3 Contracts

A Administrative 4,909.97 0.00% 0.01%

E Project Enhancements 107,958.37 0.10% 0.14%

F Field Changes 106,540.87 0.10% 0.13%

P Project Sponsor Initiated Changes 67,158.00 0.06% 0.08%

R Regulatory 104,723.14 0.10% 0.13%

U Unforeseen Conditions 51,009.82 0.05% 0.06%

Grand Total of all Change Orders $442,300.17 0.41% 0.55%


147

Quarterly Report of Construction Change Orders for 4th Quarter FY 13/14

ATTACHMENT B

ENGINEERING DIVISION Coding of Change Orders by Type

A Administrative – Administrative changes such as adding the OCIP Program to the contract,

delaying an NTP, non-compensable time extension, or suspending /terminating the work. B Bills to Others – Work done for and at the expense of others, the cost of which will be billed

directly to the responsible party. An example is repair of damage caused by a third party. C Claims Settlement – Settlement of contractor claims typically relating to things such as

overhead or cost related to project time delays. If claims are filed with respect to whether or not an item or work is an extra and an agreement is reached that it is, then that item would be considered as one of the other types of Change Orders.

D Design Modifications – Modifications to the plans and specifications to fit actual field

conditions or to make the plans and project specifications conform in the case of conflicting requirements. This will include changes to meet various building code requirements.

E Project Enhancements – Enhancements to projects typically at the request of the Revenue

Division to meet the needs of the tenants or for other related business reasons. Examples include additional signage added to a signage contract, providing a more costly piece of equipment, adding more bookcases, or delaying/accelerating a project.

F Field Changes – Modifications to the contract due to out-of-sequence work, phasing

changes, additional or modified barricaded/enclosures/equipment, temporary striping, temporary roads, or additional efforts to avoid potential delays.

O Omissions – Errors or omissions to the plans or specifications. An example is missing the

need to relocate utilities that are in the way of new columns when the existing utilities can be seen and addressed in the design. Care needs to be taken when deciding between Type D and Type O Change Orders.

P Project Sponsor Initiated Changes – Changes/modifications to projects resulting in

changes in construction operations to accommodate tenant/customer requirements during the course of the project. This type of Change Order generally would not alter the final physical production outcome of the project as required by the plans and specifications.

R Regulatory/Outside Agency Changes – Changes/additions to projects due to changed

regulatory agency permit requirement such as new Storm Water Discharge BMPs, additional winterization measures, etc. This type of Change Order would also include extra work performed to assist outside agencies, such as utility companies, railroads, airlines, etc., in completing their work on Port projects.

U Unforeseen Conditions – Covers things such as unsuitable subgrade soils or unknown

utility lines, or hidden conditions such as unknown asbestos encountered under floors or in walls when doing remodel or demolition work.

V Value Engineering – Changes to the contract initiated by the owner to bring the overall

project cost within budget. This also includes changes to contractor-initiated Requests for Substitution.

X Unrelated Work – Work not related to the project being built under the original contract, and

would normally be done under separate contract. The purpose is to expedite the new work.


148


284277-V3

INFORMATIONAL REPORT (This Item is for information only and no action is

requested or required of the Board of Port Commissioners.)

TITLE: Annual Change Order Report on Construction Contracts Completed during FY 13/14

BOARD MEETING DATE: September 11, 2014

SUBMITTED BY: Chris Chan, Director of Engineering

APPROVED BY: J. Christopher Lytle, Executive Director

SUMMARY Port Ordinance No. 1606 requires submission of periodic reports to the Board of change orders issued on Port public works contracts. Attached is the Annual Change Order Report on Construction Contracts Completed during FY 13/14 (Attachment A). The Annual Change Order Report lists the Change Orders by type and indicates the contract amount and the total value of change orders issued on each contract. Also, attached for your reference, is a list of change order types with an explanation of each (Attachment B).


149

Annual change Order Report on construction Contracts Complete during FY 13/14ATTACHMENT A

1 of 21

ContractorResolution No.

Contract Title Original Contract Amount Final Completion DateChange Order% of Contract

Gallagher & Burk, Inc. 10-82Rehabilitation of High Speed Taxiways Y & V, South Field, OIA, AIP 3-06-0170-55 - 2010-05-A2 $1,625,900.00 12/2/2013 4.54%

CHANGE ORDERS

A - ADMINISTRATIVE $24,738.13 1.52%

E - PROJECT ENHANCEMENTS $2,860.00 0.18%

O - OMISSIONS $784.36 0.05%

U - UNFORESEEN CONDITIONS $45,483.22 2.80%

Total Change Orders $73,865.71 4.54%

BID ITEM QUANTITY ADJUSTMENT -$212,004.99 -13.04%

Total Contract Change -$138,139.28 -8.50%

Total Project Budget Total Project Expenditure Variance$3,231,603.00 $3,251,993.19 -$20,390.19

Change Order Report on Construction Contracts Completed during FY 13/14

AIRPORT

There were six (6) change orders issued amounting to $73,865.71. The final contract cost including contract bid price, adjusted quantities and change order work is $1,487,760.72.

There is an outstanding claim that is in the process of potentially being settled with insurance.

Disadvantaged Business Enterprise (DBE) Utilization Results

A federally funded project, 6.35% went to DBEs.


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2 of 21




Gallagher & Burk, Inc. 11-115Pavement Improvements for Taxiways W & U, Phase 1, OIA, AIP 3-06-0170-59 - 2011-01-A3 $5,317,830.00 6/10/2014 3.92%

CHANGE ORDERS


D - DESIGN OR CONSTRUCTION MODIFICATIONS-$8,800.14 -0.17%

F - FIELD CHANGES $30,485.18 0.57%

O - OMISSIONS $499.00 0.01%

P - PROJECT SPONSOR OR INITIATED CHANGES$87,356.46 1.64%


X - UNRELATED WORK $19,703.70 0.37%



Total Contract Change -$75,342.85 -1.42%


AIRPORT

There were eighteen (18) change orders issued amounting to $208,526.41. The final contract cost including contract bid price, adjusted quantities and change order work is $5,242,487.15.

Port labor actuals exceed budget primarily due to 1) staff transition; and 2) Facilities charges not originally accounted for in budget


A federally funded project, 5.72% went to DBEs.


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JUV, INC. 12-29 Partial Demolition of Building L-142, North Field 2012-03-A1 $904,300.00 12/12/2013 18.06%

CHANGE ORDERS


D - DESIGN OR CONSTRUCTION MODIFICATIONS $1,625.80 0.18%



BID ITEM QUANTITY ADJUSTMENT $2,970.00 0.33%

Total Contract Change $166,323.34 18.39%


There were twelve (12) change orders issued amounting to $163,353.34. The final contract cost including contract bid price, adjusted quantities and change order work is $1,070,623.34.

Local Business Utilization Results

Subject to the NDSLBUP, 58% went to LIAs, of the LIAs 55% went to SBEs and 3% to a VSBE. 2% went to a LBA.

AIRPORT

This Change Order % of total Contract Amount is within the revised Change Order Authority Limits as approved by the Board by Resolution No. 13-77.


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Oshkosh Corporation 11-13Procurement of Aircraft Rescue and Fire Fighting Vehicles, OIA, AIP 3-0600-17-58 - 2011-01-A2 $725,152.00 7/18/2012 0.21%

CHANGE ORDERSA - ADMINISTRATIVE $1,488.00 0.21%


BID ITEM QUANTITY ADJUSTMENT $0.00 0.00%


Total Project Budget Total Project Expenditure Variance$1,150,000.00 $828,942.77 $321,057.23

AIRPORT

There was one (1) change order issued amounting to $1,488.00. The final contract cost including contract bid price, adjusted quantities and change order work is $726,640.00.


There was no DBE participation on this project. This was a procurement of a specialized vehicle.


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12-80Replacement of Building L-311 Roof, North Field, OIA - X2012-05-A2 $320,000.00 11/10/2013 0.00%

CHANGE ORDERS

Total Change Orders $0.00 0.00%

BID ITEM QUANTITY ADJUSTMENT $0.00 0.00%

Total Contract Change $0.00 0.00%

Total Project Budget Total Project Expenditure Variance$481,400.00 $480,043.79 $1,356.21

Premium Roofing & Waterproofing, Inc


Subject to the NDSLBUP, 78.33% of the contract was performed by LIAs, (52.5% VSBE and 3.8% SBE).

There was one (1) no cost change order issued granting a one hundred forty-five (145) calendar day time extension. The final contract cost including contract bid price, adjusted quantities and change order work is $320,000.00.

AIRPORT


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Contract Title Original Contract Amount Final CompletionChange Order% of Contract

12-86Replacement of M101 Extension Roof, South Field, OIA - 2012-07-A1 $165,730.00 11/25/2013 0.00%

CHANGE ORDERS

Total Change Orders $0.00 0.00%

BID ITEM QUANTITY ADJUSTMENT $0.00 $0.00

Total Contract Change $0.00 0.00%

Total Project Budget Total Project Expenditure Variance

$600,000.00 $365,650.37 $234,349.63

Local Business Utilization ResultsSubject to the NDSLBUP, 89% of the project was performed by an LIA firm. The firm was not Port certified at the time of bid, but was certified at a later date.

AIRPORT

Roofing Constructors, Inc. dba Western Roofing Service

There were no change orders issued. The final contract cost including Contract Bid Price and change Orders, is $165,730.00.


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GTSI, INC. 10-13Design-Build of a Transportation Workers Identification Credential (TWIC) Access Control System, Maritime Area - X2010-03-M2 $3,941,421.81 11/5/2013 -36.30%

CHANGE ORDERS

A - ADMINISTRATIVE -$1,430,899.03 -36.30%

Total Change Orders -$1,430,899.03 -36.30%

BID ITEM QUANTITY ADJUSTMENT $0.00 $0.00

Total Contract Change -$1,430,899.03 -36.30%

Total Project Budget Total Project Expenditure Variance$5,350,000.00 $2,854,000.00 $2,496,000.00

MARITIME

There was one (1) change order issued amounting to -$1,430,899.03. The final contract cost including contract bid price and change order work is $2,510,522.78. Note: This Change Order was issued to reduce the scope of work and shorten timeframe for design/construction, due to earlier than anticipated expiration of grant funding.


Subject to the NDSLBUP, 100% of the construction portion of this design-build project was performed by Tennyson Electric, an LBA. Tennyson was not certified at the time of bid, but became certified at a later date.


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8 of 21




Shimmick Construction 12-5Shore Power System Construction, Berths 25, 35, 37, 55, 59, and 68 - 2011-09-M2 $17,246,655.00 12/6/2013 9.91%

CHANGE ORDERS


F - FIELD CHANGES $37,702.46 0.22%

R - REGULATORY/OUTSIDE AGENCY CHANGES $121,662.94 0.71%


Total Change Orders $1,709,793.82 9.91%


Total Contract Change $1,369,492.96 7.94%

Total Project Budget Total Project Expenditure Variance$64,000,000.00 $56,115,913.02 $7,884,086.98

MARITIME

There were forty (40) change orders issued totaling $1,709,793.82. The final contract cost including Contract Bid Price and change Orders, is $18,616,147.96.

The Total Project Budget amount represents the combined budget for all 4 of the Shore Power System Construction Projects, 3 of which are included in this report. Though the Shore Power Project was delivered via 4 separate construction contracts, for total project budgeting purposes, the Shore Power Project was budgeted as one project. Separate Total Project Budgets associated with each construction project are not available. Approximately $2.0 million of the $64 million Total Project Budget was allocated to the first Shore Power Project completed, the Shore Power Common Utility System Upgrade, 7th Street Outer Harbor Terminals. This first project was included in the FY 12-13 Change Order Report submitted to the Board in September of last year.


Subject to the NDSLBUP, $631,000 went to LIA, SBE and VSBE companies. Shimmick, the Prime, an LIA firm, performed $4,800,000 of the work with its own forces.


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Shimmick Construction 11-111Shore Power System Construction, Berths 30 & 32, Outer Harbor, Federal Aid Project No. CML-6057(013) - 2011-09-M1 $5,895,900.00 12/6/2013 7.55%

CHANGE ORDERS


F - FIELD CHANGES $39,015.68 0.66%








A federally funded project, $96,025 went to a UDBE, $511,917 went to DBEs.

MARITIME

There were twenty-two (22) change orders issued totaling $444,921.41. The final contract cost including contract bid price, adjusted quantities and change order work is $6,162,447.63.

Please see comment above regarding Total Project Budget under the Shore Power System Construction, Berths 25, 35, 37, 55, 59, and 68 project.


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St. Francis Electric, Inc. 10-161Shore Power Construction, Berths 56, 57, and 58, Inner Harbor, Maritime Area - 2010-11-M1 $8,808,035.00 8/9/2013 23.27%

CHANGE ORDERS


E - PROJECT ENHANCEMENTS $1,548,149.16 17.58%

F - FIELD CHANGES $50,260.56 0.57%

P - PROJECT SPONSOR OR INITIATED CHANGES $238,095.49 2.70%



V - VALUE ENGINEERING -$9,849.00 -0.11%

Total Change Orders $2,049,421.31 23.27%


Total Contract Change $2,037,857.03 23.14%


MARITIME

There were thirty one (31) change orders issued amounting to $2,049,422.32. The final contract cost including contract bid price, adjusted quantities and change order work is $10,845,893.04.

This Change Order % of total Contract Amount is within the revised Change Order Authority Limits as approved by the Board by Resolution No. 11-62.

Please see comment above regarding Total Project Budget under the Shore Power System Construction, Berths 25, 35, 37, 55, 59, and 68 project.


There was no DBE participation on this project. Approximately 90% of the work was performed by St. Francis Electric, an LIA certified firm.


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Notes, Abbreviations and Acronyms

DBE and local business participation percentages are calculated based on the required quarterly reports submitted by the Prime Contractor.

DBE - Disadvantaged Business Enterprise LBA - Local Business Area Enterprise

OIA - Oakland International Airport

SBE - Small Business Enterprise = three year average annual gross revenue of $14,000,000 or lessUDBE - Underutilized Disadvantaged Business Enterprise VSBE - Very Small Business Enterprise = three year average annual gross revenue of $3,500,000 or less

LIA - Local Impact Area = Oakland, Alameda, Emeryville or San Leandro

NDSLBUP - Non-Discrimination and Small Local Business Utilization Policy


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Annual Change Order Report on Construction Contracts Completed during FY 13/14 ATTACHMENT B

ENGINEERING DIVISION

Coding of Change Orders by Type

A Administrative – Administrative changes such as adding the OCIP Program to the contract, delaying an NTP, non-compensable time extension, or suspending /terminating the work.

B Bills to Others – Work done for and at the expense of others, the cost of which will be billed

directly to the responsible party. An example is repair of damage caused by a third party. C Claims Settlement – Settlement of contractor claims typically relating to things such as

overhead or cost related to project time delays. If claims are filed with respect to whether or not an item or work is an extra and an agreement is reached that it is, then that item would be considered as one of the other types of Change Orders.

D Design Modifications – Modifications to the plans and specifications to fit actual field

conditions or to make the plans and project specifications conform in the case of conflicting requirements. This will include changes to meet various building code requirements.

E Project Enhancements – Enhancements to projects typically at the request of the Revenue

Division to meet the needs of the tenants or for other related business reasons. Examples include additional signage added to a signage contract, providing a more costly piece of equipment, adding more bookcases, or delaying/accelerating a project.

F Field Changes – Modifications to the contract due to out-of-sequence work, phasing

changes, additional or modified barricaded/enclosures/equipment, temporary striping, temporary roads, or additional efforts to avoid potential delays.

O Omissions – Errors or omissions to the plans or specifications. An example is missing the

need to relocate utilities that are in the way of new columns when the existing utilities can be seen and addressed in the design. Care needs to be taken when deciding between Type D and Type O Change Orders.

P Project Sponsor Initiated Changes – Changes/modifications to projects resulting in

changes in construction operations to accommodate tenant/customer requirements during the course of the project. This type of Change Order generally would not alter the final physical production outcome of the project as required by the plans and specifications.

R Regulatory/Outside Agency Changes – Changes/additions to projects due to changed

regulatory agency permit requirement such as new Storm Water Discharge BMPs, additional winterization measures, etc. This type of Change Order would also include extra work performed to assist outside agencies, such as utility companies, railroads, airlines, etc., in completing their work on Port projects.

U Unforeseen Conditions – Covers things such as unsuitable subgrade soils or unknown

utility lines, or hidden conditions such as unknown asbestos encountered under floors or in walls when doing remodel or demolition work.

V Value Engineering – Changes to the contract initiated by the owner to bring the overall

project cost within budget. This also includes changes to contractor-initiated Requests for Substitution.

X Unrelated Work – Work not related to the project being built under the original contract, and

would normally be done under separate contract. The purpose is to expedite the new work.


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MAJOR PROJECTS

This segment of the meeting is reserved for action and discussions regarding the status of Major Projects and issues of special importance.

MAJOR PROJECTS Tab 3

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SUPPLEMENTAL AGENDA REPORT

TITLE Approval of a Supplemental Agreement with Parsons Transportation Group, Inc. for the Design Services Related to the Development of the Port Portion of the Former Oakland Army Base

AMOUNT Amount to be Disclosed to the Board1 $1.2 mil (Not to Exceed)

REVENUE CAPITAL EXPENDITURE

OPERATING EXPENSE NON-OPERATING

EXPENSE

PARTIES INVOLVED Parsons Transportation Group, Oakland, CA Aaron Gold – Vice President

SUBMITTED BY Chris Chan, Director of Engineering APPROVED BY J. Christopher Lytle, Executive Director


EXECUTIVE SUMMARY

Staff requests approval of a third supplemental agreement with Parsons Transportation Group, Inc. (“Parsons”). If granted, this request would result in an increase in the maximum contract authority for the agreement with Parsons. The requested action is needed to allow Parsons to continue engineering services that are necessary to complete the development for the former Oakland Army Base Phase 1 Railyard Project (Project).


APPLY





1 The Maritime and Engineering Divisions have informed the Board of Port Commissioners of their estimates for the cost of additional engineering services. These estimates are not disclosed here in the best interest of the public and the competitive process.

MAJOR PROJECTS Tab 3.1

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BACKGROUND

On May 11, 2012, the Board of Port Commissioner authorized the Executive Director to negotiate and execute a professional services agreement with Parsons to provide bridging documents and design consultant services for the development of the Port’s portion of the former Oakland Army Base up to a maximum compensation of $5,000,000. Subsequent to the Board’s authorization, the Port entered into a professional services agreement and two supplemental agreements with Parsons, subject to the maximum amount authorized by the Board, to allow them to provide various engineering services for the development of Outer Harbor Intermodal Terminal (OHIT) Phase 1 Railyard project. The Port’s Project is primarily funded by Trade Corridor Improvement Funds (TCIF). In order to comply with the TCIF grant milestones, the Port anticipated delivering the entire Project using one contract using an alternate delivery method, such as design-build. Since the Port’s Project will require the relocation and/or maintenance of utility infrastructure that is owned/operated by third party utility agencies, the costs for all the third party utility agencies will be borne by the Port. It is the Port’s primary goal to maximize the eligibility of third party costs for TCIF reimbursement. Parsons’ scope of work under the agreement generally included: (a) the development of bridging documents, including project requirements, design criteria and plans; (b) coordination of approval by the railroads and other utility agencies; (c) technical review of the OAB Common Infrastructure plans developed by the City of Oakland’s team; and (d) miscellaneous engineering services required to support the Port’s OHIT Phase 1 Project. The professional services agreement authorized a maximum compensation of $2,904,790 for the above described work. The Port has since executed two supplemental agreements with Parsons to increase their scope and compensation to the maximum authorized amount of $5,000,000, as described below. A. First Supplemental Agreement: Parsons’ scope was increased to address the

following changes:

1. Complete design of the Port’s OHIT Support Yard Tracks

On June 25, 2012, the Port received notification of a $15 Million Transportation Investment Generating Economic Recovery (TIGER) grant for the OHIT Project, subject to approval of a NEPA document for the project. Given that the Port’s OHIT Project was initially intended to be one contract only, Port staff worked to separate the scope and the delivery for the TCIF- and the TIGER-funded segments. The two grants had two different grant procurement and reimbursement requirements and two different schedule milestones. The Port’s Project was therefore divided into two different contracts:


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a. Design-Build Contract for the Port’s OHIT Manifest and Lead Tracks (TCIF funded); and

b. Construction Contract for the Port’s OHIT Support Yard Tracks (TIGER-funded)

2. Conceptual design of a South Lead connection to the Union Pacific Railroad

(UPRR) facilities

The Port’s OHIT project required connections to the mainline tracks owned and operated by the Union Pacific Railroad (UPRR). In order to complete the bridging documents required for the Port’s Design Build project, UPRR’s approval of our track alignments and other performance criteria was needed. The OAB Master Plan assumed connections to UPRR’s mainline from the north. However, during the process of seeking UP’s approval prior to receiving proposals for the Port’s D/B project, UPRR indicated they would only approve a connection to their mainline from the south. This required a significant redesign of the OHIT track alignment and mainline connections within a short period.

The First Supplemental Agreement, dated July 1, 2012, provided Parsons an additional contract amount of $1,723,570, thereby revising the maximum contract amount to $4,628,360. B. Second Supplemental Agreement: Parsons’ scope was further increased to include

the following items of work:

1. Develop and maintain an OAB Program Schedule. This effort includes the coordination of all the various items, beyond engineering, that affect the overall OAB Phase 1 Program Schedule and budget and inform the Port’s OAB Phase 2 negotiations, such as:

a. The Port’s construction contract schedules; b. The City’s Development schedule which affects the common infrastructure

and edge conditions; c. UPRR’s design and construction schedules; d. Various agreements with UPRR that are necessary for Port construction

and operations; e. Utility Agencies’ easement agreements and construction schedules; f. Port’s Rail Operator Negotiations.

2. Develop preliminary plans for relocating Union Pacific’s intermodal parking to

another Port location. UPRR has indicated that the UP improvements required to support the Port’s OHIT development will result in displacement of UP operations and must be replaced in kind prior to the commencement of their construction which is critical to the Port’s development.


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3. Provide engineering staff support to the Port’s OAB team. The level of effort required to coordinate with and support the City’s Common Infrastructure Project, as well as the work required to manage two Port contracts instead of one, required additional engineering staff. The nature of the Port’s and the City’s project required someone who was already familiar with the Project and can provide immediate support. Therefore, Parsons was asked to provide one of their engineers to work directly with our Project Manager in support of the Project.

The second supplemental agreement, dated February 6, 2014, increased Parsons’ compensation by an additional $371,640, thereby revising the Parsons’ maximum contract amount to the Board authorized limit of $5,000,000. If the Board authorizes a third supplemental agreement in the amount of $1.2 mil (not to exceed), Parsons’ maximum contract value will increase to $6.2 mil.

ANALYSIS

The Port recently received UPRR’s 90% design documents for their work. Their design has impacts to our project that will require additional design effort in order to move the Project forward. These changes include the following:

1. UPRR initially advised the Port that all work within UPRR’s premises will be performed and/or managed by UPRR. In addition to the improvements on UPRR’s mainline, there are also non-UP owned track work to be done in UPRR’s property:

(a) Southern interface tracks from the Port boundary to UP’s mainline, including ladders and switches from the mainline to the Port’s facility; and

(b) Northern interface tracks from Port’s OHIT railyard to the City’s West Gateway development. This work is included in the City’s scope and budget.

UPRR has since advised the Port that they only want to perform the work within their mainline and that the above interface tracks are to be built by the Port. These interface tracks to UPRR’s mainline to the north and the south have yet to be designed.

2. The vertical profile of their track design is not in full alignment with the Port’s

vertical profile. Although the Port’s construction contract is further ahead than UPRR’s, it is still in the best interests of the overall project budget and schedule to make some modifications to our structural section to address the variance rather than ask UPRR for a redesign.

The $1.2 mil (not to exceed) amount requested by staff also includes a contingency amount to address unforeseen changes in scope that may be needed through the


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Phase 1 project completion and as-needed support during the OAB Phase 2 negotiations.

The design changes described above may result in additional construction costs to the OHIT Railyard Phase 1 Project. However, until the design is complete and a more accurate budget analysis is performed, staff is not asking for additional funds at this time.

BUDGET & STAFFING

This agenda report is seeking an increase in the maximum contracting authority for Parsons. A project budget increase to support the contract authority increase is also being requested in combination with other project elements. The total project budget increase request is detailed in the Agenda Report titled “Construction and Reimbursement Agreement with Union Pacific Railroad Company for New Lead Track to Former Oakland Army Base Rail Yard” that is also on the Board Agenda for September 11, 2014. Although this agenda report is seeking an increase in the maximum contracting authority for Parsons, staff is not seeking a project budget increase at this time given that the costs for some project elements are still not finalized (e.g. negotiations with UPRR on the cost of their construction is still pending and discussions with the City of Oakland is still ongoing with respect to some of the common infrastructure costs). Depending on the outcome of said negotiations, staff will update the Board on the project status and would seek Board approval for a budget adjustment at that time, if necessary. Although this agenda report is seeking an increase in the maximum contracting authority for Parsons, this increase can be accommodated within the currently approved OAB project budget described below. Staff is not seeking a budget increase at this time given that the costs for some project elements are still not finalized (e.g. negotiations with UPRR on the cost of their construction is still pending and discussions with the City of Oakland is still ongoing with respect to some of the common infrastructure costs). Depending on the outcome of said negotiations, staff may need to seek Board approval for a budget adjustment at that time. The Project is funded primarily by TCIF funds, and by Port and City funds as stated in the Port/City CSA approved by the Board. Additional funding for the OHIT support yard construction is through a $15 million TIGER IV grant. At its May 18, 2012 meeting, the Board authorized an initial $10,000,000 over 4 years for Port staff and consulting costs to support the Project. On October 18, 2012, the Board approved the remaining Project budget for the final design and construction of the project.


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The anticipated cost and funding for the OAB project, approved by the Board, is summarized below:

Amounts in $000s

FY 12-13 FY 13-14 FY14-15 FY 15-16 FY16-17 Total

TCIF/City $0 $33,248 $28,995 $7,357 $0 $69,600TIGER IV $0 $4,000 $8,000 $3,000 $0 $15,000Port Share $7,600 $ 1,152 $ 1,005 $ 243 $0 $10,000Total $7,600 $38,400 $38,000 $10,600 $0 $94,600

The proposed agreement does not result in a change to the previously approved staffing levels for the Project.


This amendment is for professional services that do not include construction testing and inspection and the provisions of the Port of Oakland Maritime and Aviation Project Labor Agreement (MAPLA) do not apply to this work.

STRATEGIC PLAN

The action described below would help the Port achieve the following goals and objectives in the Port’s Strategic Plan (http://www.portofoakland.com/pdf/about/strategicPlan2011-2015.pdf)

• Goal A: Objective 1: Maximize the use of existing assets.

• Goal A: Objective 2: Affirm Port identity as a public enterprise.

• Goal A: Objective 3: Increase revenue, job creation and small business growth.

• Goal B: Objective 2: Market strategically and aggressively to attract new customers and tenants.

• Goal C: Objective 2: Conduct comprehensive communication and outreach to stakeholders and strategic partners to improve workforce and small business opportunities.

• Goal F: Objective 1: Implement formal grants/external funding task force.

• Goal F: Objective 2: Partner with other agencies to create joint grant strategies.


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LIVING WAGE

Living wage requirements, in accordance with the Port’s Rules and Regulations for the Implementation and Enforcement of the Port of Oakland Living Wage Requirements (the “Living Wage Regulations”), do not apply to this agreement as the service provider does not employ 21 or more employees working on Port-related work. However, the service provider will be required to certify that should living wage obligations become applicable, the service provider shall comply with the Living Wage Regulations.

ENVIRONMENTAL

CEQA: The proposal to authorize the Executive Director to execute an amendment with Parsons for the additional professional engineering services was previously reviewed in accordance with the requirements of the California Environmental Quality Act (CEQA) and the Port CEQA Guidelines. In July 2002, the City of Oakland (City), as the lead agency under CEQA, certified an Environmental Impact Report (EIR) for reuse of the OAB. On September 17, 2002, the Board, acting on behalf of the Port as a responsible agency under CEQA, adopted findings and a mitigation program in reliance on the City's EIR (Resolution No. 02317). In June 2012, the Board considered the 2012 OAB Project Initial Study/Addendum (2012 Addendum) and adopted mitigation measures applicable to the Port from the City’s OAB Standard Conditions of Approval/Mitigation Monitoring and Reporting Program (SCA/MMRP) with Resolution No. 12-76. The OAB EIR and the 2012 Addendum described projects to be developed on and immediately adjacent to the former OAB, including a rail terminal on Port property and related utility and infrastructure improvements on Port, City and UP property to support the rail terminal. The proposed agreement will support construction of the previously approved rail program. Thus, no further CEQA review is required to take the action recommended in this agenda report. The Port and its contractors, including Parsons, are required to comply with applicable design and construction mitigation measures and standard conditions of approval in the adopted SCA/MMRP, which is available on-line at: http://www2.oaklandnet.com/Government/o/PBN/OurOrganization/PlanningZoning/s/ApplicationandZoningInformation/OAK042281. Soil and Groundwater Management: OAB projects must also comply with applicable requirements in the September 2002 Remedial Action Plan and Risk Management Plan


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GENERAL PLAN

This project is for professional services and will not directly include any alteration of property. Development projects that result from these professional services will be subject to separate findings of conformity with the City of Oakland General Plan in accordance with Section 727 of the Charter.


As the construction and design project is a capital improvement project, the applicable Owner Controlled Insurance Program (OCIP) coverages and provisions apply to the construction phase and the Professional Liability Insurance Program (PLIP) coverages and provisions apply to the design phase.

OPTIONS

Staff has identified the following options for the Board’s consideration: • Authorize the Executive Director to execute a $1.2 mil (not to exceed) supplemental

agreement for additional professional engineering services related to the development of the former Oakland Army Base. This is the recommended option and allows the project to continue and be completed within the funding timelines.

• Do not authorize a supplemental agreement with Parsons. This option will require

staff to procure a consultant to complete the work that is requested of Parsons. The procurement process will require several months to complete and will extend the project completion date beyond the grant funding deadlines. This option will likely result in increased costs and put the grant funds at risk.

RECOMMENDATION

Staff recommends that the Board:

1. Increase the staff’s maximum negotiating authority for this contract up to $6.2 mil the limits disclosed to the Board; and

2. Authorize the Executive Director to execute a supplemental agreement with Parsons Transportation Group to include the proposed changes in scope of work described in this agenda report subject to the limits disclosed to the Board.$1.2 mil (not to exceed) value.


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ARMY BASE AT AN ADDITINOT TO EXCEED A$1,200,000.

WHEREAS, by ResolCommissioners (“Board”) onSupplemental Agreement dateddated February 6, 2014, theTRANSPORTATION GROUP, INC., for with respect to designservices for the development of portion cf the former Oakland ArmyBase; and

this time to further amend saidctor of the Port of Oakland (“Port”)eement as set forth in the Agenda.014 (‘Agenda Report”), and additional

Board has reviewed and evaluated the Agenda Reportals, has received the expert testimony of Port staff,

:ies for and taken public comment; and

Ing upon this matter, the Board has exercisedon substantial evidence in the record and

the facts, data, analysis, and findings set forth in.n related agenda materials and in testimony received;

1. Based upon the information contained in the AgendaReort receiea the Boarc. hereby finds and determines that anagreement wi SONS TRANSPORTATION GROUP, INC. will constitute an agreementfor obtaining professional, technical and specialized services that aretemporary in nature and that it is in the best interest of the Port to securesuch services from PARSONS TRANSPORTATION GROUP, INC.

RESOLUTION APPROVING AWITH PARSONS TRANSPORTATIONPROVIDE FOR DESIGN SERVI(DEVELOPMENT OF THE PORT

:ON OF

by the Board of Portmended by the FirstSupplemental Agreement

Agreement with PARSONS

agreement to awto approve add.Report Itemcompensation

arid rela:

BE IT RESOLVED AS FOLLOWS:

3O647


181


A. Approves an Agreement with PARSONS TRANATION GROUP, INC. toprovide design services related to the development oPort portion of theformer Oakiar!d Army Base, for an additional compensa exceed a maximumcompensation of $, 200,000, and subject to adnal ial terms aridconditions as further described in the Aoenda Report.

B. Authorizes the Executive Dire4to executepolementaiagreement, subject to approve], as to form ard ity by the Port Aty.

SECTION 3, This resoiution is’evide’f and dccc not create orcoristi’:ute (a) a contract, or the granrany ri’ entitlement or propertyinterest, or (b) any obligation or liabion ev nart of the Board or anyofficer or employee of the Board. Unless ac*,a separate written agreementis duly executed on behalf of the Board as rized oy this resolution, issigned as approved as to form arid legality by tKt A torney, and is deliveredto other contracting party, there be no v 1 idfective agree:nent.

i be ctive immediately uponSECTION 4. This radopriori by the Board.


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BUDGET & FINANCE

This segment of the meeting is reserved for action or discussion regarding the status of Budget and Finance issues.

BUDGET & FINANCE Tab 4

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AGENDA REPORT

TITLE Approval of Audit Committee Charter

AMOUNT $0



EXPENSE

PARTIES INVOLVED n/a

SUBMITTED BY Sara Lee, Chief Financial Officer



EXECUTIVE SUMMARY At the July 17, 2014 Audit Committee meeting, the committee members approved a motion to recommend to the full Board, approval of an Audit Committee Charter, provided as Attachment A. The establishment of an audit committee charter is considered a best practice endorsed by the Government Finance Officer’s Association in order to make clear the Audit Committee’s responsibilities, as well as its structure, and membership requirements. The charter provided as Attachment A is consistent with the Board resolution establishing the Audit Committee.


APPLY

MARITIME AVIATION PROJECT LABOR AGREEMENT (MAPLA) x

LIVING WAGE REGULATIONS x

GENERAL PLAN CONFORMITY x

OWNER-CONTROLLED INSURANCE PROGRAM (OCIP) x

BUDGET & FINANCE Tab 4.1

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BACKGROUND

On May 8, 2014, the Board of Port Commissioners adopted resolution 14-36 designating a standing Audit Committee of the Board and establishing the scope of its jurisdiction. On June 5, 2014, the Board of Port Commissioners adopted resolution 14-51 ratifying the Audit Committee members as follows: Commissioner Earl Hamlin (Chair), Commissioner Bryan Parker and Commissioner Victor Uno; and setting regular meetings of the Audit Committee as the third Thursdays of each quarter (every three months), beginning with the meetings of July 17, 2014 and October 16, 2014 at the Board Room.

ANALYSIS

The Government Finance Officers Association’s best practice guidelines recommend that the Port’s Audit Committee establish a charter. The charter should prescribe the scope of the committee’s responsibilities, as well as its structure, processes and membership requirements. The audit committee should itself periodically review such charter, no less than once every five years, to assess its continued adequacy. At the July 17, 2014 Audit Committee meeting, a draft Audit Committee Charter (Attachment A) was provided to the committee for review and input. The charter provided as Attachment A is consistent with the Board resolution establishing the Audit Committee and is divided into the following four sections: authority and purpose; responsibilities (related to financial reporting, internal controls, external auditors and administration); composition; and meetings. At the July 17, 2014 Audit Committee meeting, the committee members approved a motion to recommend to the full Board, approval of an Audit Committee Charter, provided as Attachment A.

BUDGET & STAFFING

The proposed action does not have any budget or staffing impact.




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STRATEGIC PLAN


Goal J: Improve Internal Governance Practices

LIVING WAGE

Living wage requirements, in accordance with the Port’s Rules and Regulations for the Implementation and Enforcement of the Port of Oakland Living Wage Requirements (the “Living Wage Regulations”), do not apply because the requested action is not an agreement, contract, lease, or request to provide financial assistance within the meaning of the Living Wage Regulations.

ENVIRONMENTAL

The proposal to approve the Audit Committee Charter was reviewed in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Port CEQA Guidelines. General policy and procedure making is not a project pursuant to CEQA Guidelines Sections 15060(c)(3) and 15378(b)(2), so no environmental review is required.

GENERAL PLAN



The Owner Controlled Insurance Program (OCIP) and Professional Liability Insurance Program (PLIP) do not apply to the matters addressed by this Agenda Report as they are not capital improvement construction or design projects.


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OPTIONS

• Adopt the Audit Committee Charter provided as Attachment A. This is the recommended action.

• Adopt the Audit Committee Charter provided as Attachment A with modifications as directed by the Board.

• Do not adopt the Audit Committee Charter provided as Attachment A and have the Audit Committee function without the establishment of a charter.

RECOMMENDATION

1. Adopt a resolution approving the Audit Committee Charter as provided as Attachment A.


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ATTACHMENT A

5

PORT OF OAKLAND AUDIT COMMITTEE CHARTER ‐ DRAFT

I. Authority and Purpose

The Audit Committee (“Committee”) is a standing committee created by the Board of Port Commissioners (“Board”) to provide an ongoing independent oversight of the Port of Oakland’s (“Port”) financial reporting, internal controls and external auditors. It will assist the Board in fulfilling its oversight responsibilities for:

The integrity of the Port's financial statements;

The effectiveness of the Port's internal control system; and

The external auditor's qualifications, independence, and performance.

II. Responsibilities

Financial Reporting

Review significant accounting and reporting issues, including complex or unusual transactions and highly judgmental areas, and recent professional and regulatory pronouncements, and understand their impact on the financial statements.

Review with management and the external auditors the results of the audits, including any difficulties encountered.

Review the annual financial statements, and consider whether they are complete, consistent with information known to committee members, and reflect appropriate accounting principles.

Review with management and the external auditors all matters required to be communicated to the committee under generally accepted auditing standards.

Understand how management develops interim financial information, and the nature and extent of internal and external auditor involvement.

Review interim financial reports with management and consider whether they are complete and consistent with the information known to committee members.

Internal Controls

Review significant internal control matters relating to control environment, risk assessment, control activities, information and communication, and control monitoring process.


188

ATTACHMENT A

6

Understand the scope of internal and external auditors' review of internal control over financial reporting, and obtain reports on significant findings and recommendations, together with management's responses.

Review with the Port Auditor his or her annual internal audit work plan and have access to the Port Auditor’s reports.

Review the procedures for the receipt, retention, and treatment of complaints regarding accounting, internal accounting controls, or auditing matters.

Monitor controls performed directly by senior management, as well as controls designed to prevent or detect senior‐management override of other controls.

External Auditors

Recommend to the Board the appointment, compensation, retention of any external auditors engaged for the purpose of preparing or issuing an independent audit report or performing other independent audit, review, or attest services.

Directly oversee all external auditors thus engaged and such external auditors shall report directly to the committee.

Review the external auditor’s proposed audit scope and approach, including coordination of audit effort with internal audit.

Review the performance of the external auditors, and exercise final approval on the appointment or discharge of the auditors.

Review and confirm the independence of the external auditors by obtaining statements from the auditors on relationships between the auditors and the company, including non‐audit services, and discussing the relationships with the auditors.

On a regular basis, meet separately with the external auditors to discuss any matters that the committee or auditors believe should be discussed privately.

Administration

Periodically review the scope of the committee’s responsibilities, as well as its structure, processes, and membership, and report its findings and recommendation to the Board, no less than once every five years.

If the committee deems it necessary to perform its functions, recommend to the Board the retention of a financial expert to advise the committee on financial reporting, auditing and internal controls.

Present annually to the full Board a written report of how it has discharged its duties and met its responsibilities.


189

ATTACHMENT A

7

Review and assess the adequacy of the committee charter annually, requesting Board approval for proposed changes.

III. Composition

The committee will consist of three (3) members of the Board appointed by the President of the Board at the beginning of each fiscal year. Each committee member shall be independent of Port management and any external audit firm, and should possess or obtain a basic understanding of government financial reporting and auditing. Ideally, at least one committee member should, through both education and experience, and in a manner specifically relevant to the government sector, possess 1) an understanding of generally accepted accounting principles and financial statements; 2) experience in preparing or auditing financial statements of comparable entities; 3) experience in applying such principles in connection with the accounting for estimates, accruals, and reserves; 4) experience with internal accounting controls; and 5) an understanding of audit committee functions.

IV. Meetings

The committee is a legislative body for the purposes of the Brown Act and the Port of Oakland Sunshine Ordinance. Accordingly, all committee meetings are open public meetings subject to the noticing and meeting requirements under these laws. No member of the committee may discuss with another member of the committee any matter within the scope of the subject matter jurisdiction of the committee outside of the noticed meeting.

The committee will meet four times a year, with authority to convene additional meetings, as needed. A quorum, defined as a majority of voting members, is required to conduct official committee business. The committee will invite members of management, auditors or others to attend meetings and provide pertinent information, as necessary.


190

I 911/14I -item ‘+. I

[cT:mi


RESOLUTION APPROVING PORT OF OAKLANDCHARTER.

WHEREAS, the Board of Port Cn )ard”) has reviewedand evaluated the Agenda Report l September 11, 2014,(“iigenda Report”) and related mat. received the experttestimony cf Port of Oakland and has providedoppertunties for and taken public comme’d

WHEREAS, at the July udit tee meeting, a draftAudit Cormnit.eo Charter C nt with the Boardresolution estab] ishing the s provided to the AuditCommance for review and in] Corftrflittee approved amotion to reronrnend to the fu of the Audit CommitteeCharter; now, tberef he it

RESOLVED, y approves the Port of OaC<landAudit Commit -th in Attachment A to thisRe sol u t i. on;

FURTHER that iacting upon the matters containedherein, the Bods exercised its independent judgment based onsubs n te record and adopts and relies upon thefact::, findings set forth in the Agenda Report and

testimony received.

‘EE

306250


191

ATTACHMENT A


PORT OF OAKLAND

AUDIT COMMITTEE CHARTER - DRAFT

I. Authority and Purpose

The Audit Committee (“Committee”) is a standing comrtee create’of Port Corn TissIoners ( Board ) to provide an orypg independentthe Port of Oakland’s (“Port”) financial repo54rinternal controls andauditors It wi I assi,t the Board in fulfilling ts,j s’ght responsibilities for

The integrity of the Ports financial stal

The effectiveness of the Port’s internal

• The external auditor’s qualifications, indep

II. Responsibilities

Financial Reporting

• Review significant accountli ding complex or unusualtransactions and highly ?ssional and regulatorypronouncements, and underst on the financial statements.

Review it and tIxternaI auditors the results of the audits,includir

nt and the external auditors all matters required to becommittee under generally accepted auditing standards.

develops interim financial information, and theofifiYernal and external auditor involvement.

financial reports with management and consider whether they arensistent with the information known to committee members.

5

Boardof

consider whether they are complete,to committee members, and reflect

process.activities, information and communication, and control

128


192

AUACHMENT A

BUDGET & PNANCE Tab 41

Understand the scope of internal and external auditors review of internal controlover financial reporting, and obtain reports on significant ftndirgs andrecommendations, together with managements responses

• Review with the Port Auditor his or her annual internal audtwo.k plan and haveaccess to the Port Auditor’s reports.

• Review the procedures for the receipt, retention, and treatment of ompFaintsregarding accounting, internal accounting controls, or auditing matters.

Monitor controls performed directly by senior thanagement, as well as contr&sdesigned to prevent or detect senior-maragnt override of other controls.

External Auditors

Recommend to the Board the appoint,e’t, comnsation, retention of anyexternal auditors engaged for the purpose of preparing or ssuing an independentaudit report or performing other independent audit, review, or attest services.

us engaged anduch external auditors shall

hew the scope of the committee’s responsibilities, as well as its?sses, and membership, and report its findings andto the Board, no less than once every five years.

deems it necessary to perform its functions, recommend to theretention of a financial expert to advise the committee on financial

auditing and internal controls.

• Directly oversee allreport directly to the

• Review the external aicoordination of audit effort

• Review the rerfjmnce of thetheap irgeof

Revie’ independeIj,of the external auditors by obtainingon relliships between the auditors and the

and discussing the relationships with the

meet separately with the external auditors to discuss anyittee or auditors believe should be discussed privately.

• Present annually to the full Board a written report of how it has discharged itsduties and met its responsibilities.

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ATtACHMENT A

BUDGET & flNANCE Tab 4r1

• Review and assess the adequacy of the committee charter annually requestingBoard approval for proposed changes.

Ill. Composition

The committee will consist of three (3) members of thePresident of the Board at the beginning of eachmember shall be independent of Port managementand should possess or obtain a basic understanding of goverreporting and auditing. Ideally, at least one cqmtee member shouTboth education and experience, and in a ner specifically relevantgovernment sector, possess 1) an underst4nitg of generally acceptedprinciples and financial statements; 2) e ence in preping or auditing financialstatements of comparable entities; 3) nce ilying such principles inconnection with the accounting for estme, accruals, and reserves; 4)experience with internal accounting controls; d5 an understanding of auditcommittee functions.

The committee is a legislativ yfor the ‘ e Brown Act and the Portof Oakland Sunshine Ordirianccor y, all c ittee meetings are openpublic meetings subiect to thei and meeting requirements under theselaws. No discuss with another member of thecomr of the subject matter jurisdiction of thecor

with authority to convene additionalas a majority of voting members, is

official committee business. The committee will inviteauditors or others to attend meetings and provide

as necessary.

firm,

IV. Meetings

7

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STRATEGY & POLICY

This segment of the meeting is reserved for action or discussion on Strategy and Policy Issues.

STRATEGY & POLICY Tab 5

195

REMAINING ACTION ITEMS

Remaining Action Items are items not previously addressed in this Agenda that may require staff presentation and/or discussion and information prior to action by the Board.

REMAINING ACTION ITEMS Tab 6

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TITLE Lease Agreement with Union Pacific Railroad Company for up to Six Acres of Land at Roundhouse Property for a Term of up to 66 Years

AMOUNT $0 revenue $350,000 capital improvement value



EXPENSE

PARTIES INVOLVED Union Pacific Railroad Company, Omaha, NE Jack Koraleski, CEO

SUBMITTED BY John C. Driscoll, Director of Maritime



EXECUTIVE SUMMARY The rail yard currently under construction at the former Oakland Army Base (OAB) will connect to the national freight railroad network via a new lead track to Union Pacific Railroad Company’s (UP) mainline. The new lead track will be developed on UP property (the current UP rail terminal, Railport), adjacent to the Port’s maritime area, and will be utilized by UP and BNSF Railway. As a result of the new lead track, approximately six acres of parking area inside Railport will be eliminated or restricted from use (see Exhibit A). To compensate for losing parking space, UP has required the Port to provide equivalent land elsewhere in the immediate vicinity of UP’s intermodal rail terminal. Port staff proposes to enter into a 66-year lease with UP for Port property at no cost to UP, in exchange for the Port receiving railroad service rights on the new lead track to the new OAB rail yard pursuant to a future Industry Track Agreement. The lease is contingent upon UP achieving minimum intermodal cargo activity thresholds, and the Port continuing to require rail service to the new OAB rail yard. Port staff will supplement this report with further information after the initial posting date.


APPLY





REMAINING ACTION ITEMS Tab 6.1

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BACKGROUND

On April 10, 2014, the Board authorized a Memorandum of Understanding with UP where the parties agreed in principle to develop the new rail yard, including the new lead track, and enter into the necessary agreements related to that rail yard being built on the former Oakland Army Base by the Port. The new lead track eliminates and impacts UP’s current intermodal terminal parking along Middle Harbor Road. In executing the MOU, the Port committed to providing replacement parking space as a condition to entering the construction of the new lead track and corresponding operation of the new rail yard. In addition to the Lease Agreement for which authorization is being requested in this Agenda Report, the Port and UP plan to enter into (a) an Industry Track Agreement that will permit rail service to the new rail yard; and (b) a Construction Reimbursement Agreement where the Port would reimburse UP for certain costs for the construction of the new lead track. Authorization for these two agreements will be subject to separate actions by the Board.

ANALYSIS

As described in the Memorandum of Understanding, the Port committed to provide equivalent land for parking space in or around the Port’s nearby Roundhouse/Sherex property for UP’s use via the proposed lease agreement. This area is provided as mitigation for UP’s parking area which will be lost or restricted due to the south lead track construction and operation. The terms and conditions of the lease have been agreed to by both parties as shown in the attached draft lease agreement. Staff has identified approximately 6 acres of land between Matson Navigation at berth 63 and Schnitzer Steel. This land is referred to as the “Roundhouse/Sherex” property and is currently being used for truck parking by the Port’s contractor, Ampco. Allocating approximately 6 acres of land from the site would leave approximately 34 acres of land for truck parking, transloading, or other uses. Prior to leasing the property, the Port would be responsible for installing new perimeter fencing, delineating a new driveway to the site off Middle Harbor Road, modifying the lighting controls and other site work that may be necessary prior to UP’s operation. The approximate cost for the necessary improvements prior to leasing is estimated to be up to $350,000, which is budgeted within the 5-year capital needs assessment as part of the Oakland Army Base redevelopment. UP will be responsible for maintenance and operating costs within the lease area. UP has agreed that if its intermodal rail terminal activity levels fall below 125,000 containers moved per year, for 2 consecutive years, the lease would automatically be terminated.


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Staff have worked with UP to try to reduce the size, if not eliminate completely the need for this lease area. However, UP has stated unequivocally that it would not permit the proposed lead track without an equivalent exchange of land. The lead track negatively impacts UP’s existing operations, and UP has required the Port to provide equivalent lease property, or else UP will not authorize the project. The Port and UP continue to negotiate the exact location of their parking area with the Roundhouse area. One such site under consideration is shown in the attached map (Exhibit A). UP has agreed to allow the Port to relocate its 6-acre site to an alternate location within the Roundhouse if the initially proposed location is needed by the Port or a potential customer during the term. The Port would have the right to relocate no more frequently than once every 2 years, with the Port responsible for any relocation costs. UP’s use of this property will be limited to activities which support UP’s intermodal business, and no other purpose. UP and the Port have aligned interests in increasing intermodal rail movement via Oakland. This lease may have an incremental benefit to the Port if UP were able to expand or improve its intermodal service capabilities, attracting new customers or more cargo through the Port of Oakland. This lease agreement is contingent on UP building the lead track and providing the Port with service rights through a Construction Reimbursement Agreement and an Industry Track Agreement, respectively.

BUDGET & STAFFING

This lease agreement will generate no revenue for the Port, nor will the Port have any maintenance obligations during the term. Funds for the $350,000 associated improvements are included in the Capital Needs Assessment (CNA) as part of the Lead Track and Manifest Yard project within the Oakland Army Base program. It is estimated that between $1-3 million of Port tax-exempt bonds may require defeasance. A defeasance can be effected by (1) "converting" the Port's tax-exempt bonds to taxable bonds or (2) using Port cash to "buy-back" the bonds with a corresponding reduction in future debt service payments. The cost of the defeasance will be under method (1): the difference in interest rates paid by the Port, or under method (2): the opportunity cost of Port cash in comparison to the reduction in debt service under (2). The defeasance method cannot be determined until the exact amount of Port-tax exempt bonds requiring defeasance is known. Entering into the proposed agreement(s) will have no impact on current staffing. The OAB redevelopment program includes staff from Maritime, Engineering, Finance and Social Responsibility Divisions, as well as consulting support.


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To the extent any improvements performed by UP on the lease area require a Port permit and exceed $150,000 over a 12-month period, those improvements will be subject to the Maritime and Aviation Project Labor Agreement (MAPLA).

STRATEGIC PLAN


• Goal A: Objective 4: Pursue strategic partnerships at all levels: local, regional, national and international

LIVING WAGE

Living wage requirements, in accordance with the Port’s Rules and Regulations for the Implementation and Enforcement of the Port of Oakland Living Wage Requirements (the Living Wage Regulations) will apply to this lease agreement.

ENVIRONMENTAL

The proposal to authorize execution of a lease agreement with UP for 6 acres of truck parking on the Port’s Roundhouse property is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the Port CEQA Guidelines, Section 15301(p), which exempts renewals, extensions or amendments to leases or license and concession agreements where the premises or licensed activity was previously leased or licensed to the same or another person, and involving negligible or no expansion of use beyond that previously existing. The site under consideration is already used for truck parking, and that use will continue under this proposal. Most of the 6-acre truck parking site is identified as undergoing evaluation by the State of California’s Department of Toxic Substances Control (DTSC) (EnviroStor site 01730096) as follow-up to the 1987-1988 remediation of soil and groundwater from Sherex Chemical Company operations that ceased in the 1980’s. In May 1997, the Alameda County Department of Environmental Health issued a Remedial Action Completion Certification and commented that no further action was required on the site.

GENERAL PLAN


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Pursuant to Section 727 of the City of Oakland Charter, this project has been determined to conform to the policies for the transportation designation of the Oakland General Plan.


The proposed action is not within the scope of the Port of Oakland’s Owner Controlled Insurance Program.

OPTIONS

• Authorize a Lease Agreement with UP. This is the recommended option.

• Direct staff to negotiate different terms and conditions for the Lease Agreement.

Direct staff to return to the Board at a later date, and direct staff to accommodate project delays;

• Do not authorize any further agreements with UP. This would result in the rail

yard being incomplete and would not permit unit trains to serve customers on the former OAB, which will result in non-compliance with state and federal grant agreements, as well as significant limitation on future business opportunities at the former Oakland Army Base.

RECOMMENDATION

Adopt an Ordinance authorizing the Executive Director to enter into a $0 rent Lease Agreement with Union Pacific Railroad Company for 66-years on an approximately 6-acre site in the Roundhouse area such as the site shown in the map provided as Exhibit A. Exhibits A: Map


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Exhibit A: Map


202

Port of OaklandEnterprise GIS Map

Feet 8,383 ±

Notes:

1:

0

THIS MAP IS NOT TO BE USED FOR NAVIGATION

This map is a user-generated static output from an intranet map viewer, and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.

349

© Port of Oakland

Fire Stations

Hospitals

Government Buildings

Schools

Railroads

Streets

Freeway

Freeway Ramp

Thoroughfare / Major Arterial

Residential Street

Terminal Cranes

Building Footprints

Terminal Boundaries

Wharves, Piers, Docks

Berths

Port Area Jurisdiction

Shoreline (Ordinary High Water)


203

tvuong

Rectangle

tvuong

Rectangle

tvuong

Callout

UP Lease Area under Negotiation

tvuong

Polygon

tvuong

Callout

Roundhouse site for UP Lease Area

tvuong

Polygon


WHEREAS the Board the City of Oakland(“Board”) has reviewed and no—rent Lease Agreementwith On on Pacific Railroad acres of land in theRoundhouse/Sherex area for a t ars toreplace a comparable amountof Land on UP propebeing di to accommodate the new South Leadtracks to tne Port’il yard’the Oakland Army Base, as set forth int:re Agenda Repor Item 6dated September 11, 2014 (the “AgendaReport”) and re uaterialas received the expert testimony ofPort of Oakla: 1, and hrovided opportunities for and takenpublic

of Port Commissioners of the City of

acting upon this matter, the Board has exerciseded on substantial evidence in the record and:cts, data, analysis, and findings set forth inin re]:ated agenda materials and in testimony received.

The Board hereby finds and determines as follows:

proposal to execute a lease agreement or any project—reiat iith UP for constructing the lead track is part of thePhase I project at the former CAB. Project components such as thiswere previ reviewed in accordance with the requirements of theCalifornia Enronmentai Quality Act (CEQA) and the Port CEQA Guide1ines

B In July 2002, the City of Oakland (City), as the lead agencyunder CEQA, certified an Environmental Impact Report (SIR) for reuse of theCAB. Or: September 17, 2002, the Board, acting on behalf of the Port as aresponsible agency under CEQA, adopted findings arid a mitigation program inreliance on the Citys EIR (Resolution o. 02317). In June 2012, the Boardconsidered the 2012 OAB Project Initial Study/Addendum (2012 Addendum) and

(1 /(

q(1(IA

ORDINANCE APPROVING ANDEXECUTIVE DIRECTOR TO EXECUTEAGREEMENT WITH UNION PACIFICFOR SIX ACRES OF LAND INAREA FOR A TERN OF 66DISPLACEMENT OF APPFPARKING AND STORAGE USE:FOR THE NEW SOUTH LEADRAIL YARD IN THE OAKLAND

OFLANDS

it.

of 3304489


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anopte mitlgation measures applicable to the Port from the City’s ORBStandard Conditions of Anproval/Mitigation Monitoring and Reporting Programcsch/MMRp;ith Resolution No. 12—76.

C. The ORB EIR and the 2012 Rddendum described projects to bedeveloped by the Port and City on and immediately adjacer the former ORB,Including rail improvements on non--Port property. TI no further CEQAreview is required to take the actions recommended in tagenda report.

A. Premises: The Pr mately six acres ofpaved and lighted contigu the Roundhouse/Sherexarea, wOich the Port will hav nt to move anywhere withinthe Rouridhouse/Sherex area so the Port provides at least120 days prior written notice thludes a site plan for theproposed new Premi within the Rse/Sherex area, the newPremises are pave and of able functionality asthe lands on UP’ :e the w Souch Lead will bedeveloped, and for its relocation to thenew Premises;

charge UP rent for the term of the

expiration of the term, the partiesiations for a new lease upon terms

each Party;

The operation, relocation, and storage ofcontainers, chassis, trailers, and tractors thatlntermod-al business, and purposes incidentalno other purpose;

s: Port to provide initial paving, lighting,of Premises, but UP to maintain, repair and replaceUP will not install any improvements without theLor approval based upon the Port’s reasonable and sound

ch other terms and conditions as are consistent with theof this Ordinance and the Agenda Report

:tion 4. This ordinance is not evidence of and does not createor constitute (a) a contract, or the grant of any right, entitlement orproperty interest, or (b) any obligation or liability on the part of theBoard or any officer or employee of the Board. This ordinance approves andauthorizes the execution of an agreement in accordance with the terms of thisordinance. Unless and until a separate written agreement is duly executed onbehalf of the Board as authorized by this ordinance, is signed and approved

Section 3. The Board approves andDirector to execute a no-rent Lease AgreementCorpany for approximately six acres of land with.(all as depicted in the map attached heretoyears in exchange for the displacement of aproperty, The poposed Lease Agreement w.and conditions:

the Executiveacifsc Railroad

se/Sherex areaTerm on 66

and on UPr terms

B. ReniLease;

C.wi

D.irit e

S

2 of 3304489


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as to form and legality by the Port Attorney, and is delivered to othercontracting party, there shall be no valid or effective agreement.

Approved as to form and IegaIity

President.

Secretary.

Section 5. This ordinance shall he effective immediately uponadoption by the Board,

Attest:

Port Attorney

3 of3304489


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TITLE Construction and Reimbursement Agreement with Union Pacific Railroad Company for New Lead Track to Former Oakland Army Base Rail Yard

AMOUNT $25 million (previously authorized) $5 million project budget increase for FY2015-16



EXPENSE

PARTIES INVOLVED Union Pacific Railroad Company, Omaha, NE Jack Koraleski, CEO

SUBMITTED BY John C. Driscoll, Director of Maritime Chris Chan, Director of Engineering



EXECUTIVE SUMMARY The rail yard currently under construction at the former Oakland Army Base (OAB) will connect to the national freight railroad network via a new lead track to Union Pacific Railroad Company’s (UP) mainline. The new lead track will be developed on UP property (the current UP rail terminal, Railport), located adjacent to the Port’s maritime area, and will be utilized by both UP and BNSF Railway. The new lead track is entirely on UP property and requires an agreement with UP to build the new facility. The Board of Port Commissioners previously authorized such an agreement at its July 24, 2014 Board meeting, with several conditions. At this time, UP and the Port continue to negotiate the agreement. During negotiations since July 24, UP has raised several concerns, including, but not limited to, the terms stipulated in the July 24 authorizing resolution. Port staff may require additional authorizationsis seeking authorization from the Board in order of Port Commissioners for the Port to reach agreement with UP. :

• Port staff will supplement this report with further details as they become available. Additional terms and conditions to the Construction & Reimbursement Agreement previously authorized on July 24; and

• Change orders to the Balfour Beatty Gallagher & Burk joint venture (BBGB) construction contract to delete the allowances for certain third party work, and adding funds to BBGB’s to build the connecting track to UP’s improvements.

• Add $5 million to the project budget authorization for expenditure in FY2015-16


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APPLY





BACKGROUND

The Port and City entered into the Amended and Restated Cost Sharing Agreement dated June 2012, where the Port agreed to develop a rail yard on its property to serve both the Port and City former OAB lands that are to be redeveloped into this new logistics center. The Port and City then entered into a Baseline Agreement with the state of California in August 2012 where the state committed $242 million in funding for the Outer Harbor Intermodal Terminal program. This grant agreement includes a new rail yard developed by the Port, with $65.8 million in funding from the state. The balance of the state grant is being expended by the City and its development partners on roads, utilities and site work for the new logistics development. Additionally, the Port was selected for a $15 million federal grant from the U.S. Maritime Administration in June 2012. The Port has entered into two contracts for the development of the new rail yard. The first is a design-build construction contract awarded to BBGB in April 2013 for site work and a 7-track manifest yard capable of handling up to 200 railcars at a time. The second is a construction contract with Stacey & Witbeck, Inc. for the 8-track unit-train portion of the rail yard. In March 2013, the Port and UP entered into a Preliminary Design Reimbursement Agreement where UP agreed to design the necessary improvements on its property for the lead track. Under this agreement, the Port committed to reimburse UP for up to $750,000. UP is completing its final design review before authorizing the design documents for construction. On April 10, 2014, the Board authorized a Memorandum of Understanding with UP where the parties agreed in principle to develop the new rail yard, including the new lead track, and enter into the necessary agreements related to that facility. In addition to the Construction and Reimbursement Agreement for which authorization is being requested in this Agenda Report, the Port and UP plan to enter into (a) an Industry Track Agreement that will permit rail service to the new rail yard; and (b) a lease agreement where the Port would lease approximately 6 acres to UP as mitigation for parking areas impacted by the lead track alignment. Authorization for these two agreements will be subject to separate actions by the Board. On July 24, 2014, the Board authorized the Construction & Reimbursement Agreement up to $25 million. During negotiations since that date, certain key terms have changed and staff requires the Board to modify its prior authorization.


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ANALYSIS

UP’s lead track construction work is a critical component of the rail yard development project. Without the lead track, unit trains would not able to serve the City’s planned dry bulk terminal and Port tenants at the future logistics center. The current rail construction work by the Port on former OAB property is contingent on effective access to and from the mainline. The Port and UP have targeted completion of the lead track improvements by October 31, 2015, though that date is likely to slip by at least 1 to 2 months resulting from delays in ordering materials as negotiations have lasted longer than both parties initially expected. Port staff and UP are still negotiating the final language of the Construction & Reimbursement Agreement, but a draft is attached as Exhibit B. Under this agreement, the Port will be responsible for UP’s actual costs, which may exceed the current estimate. To the extent costs increase above $25 million, the Board must authorize additional funds necessary to complete the project. However, if the Port chooses not to authorize additional funds, UP would not complete the project and it would not permit unit trains to access the Port’s rail yard. This would result in much of the Port’s current project being incomplete. To the extent the Port elects not to provide additional funds, UP would be left with a partially completed project on its property. The Port would be responsible for restoration costs to bring the property back to its prior condition. This mechanism is intended to protect the Port from an unlikely scenario where the costs balloon out of control. However, Port staff believes this risk is relatively low. On July 24, 2014, the Board authorized the $25 million budget as a maximum amount based on UP’s 90% design and cost estimate. The Board’s authorization required UP to be responsible for any costs exceeding $25 million. UP is unwilling to provide a guarantee that the construction costs will be less than $25 million, nor to provide its own funds for any cost increases. Port staff request the Board’s authorization of this contract without a guaranteed price, but with limited options for the Port to either continue with the project to completion at the additional cost (if needed), or to abandon the project and restore UP’s property to its prior condition. UP has agreed that any mistake in the construction work would not be the Port’s responsibility.


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One of the largest risks associated with the lead track construction is unforeseen environmental contamination. UP has budgeted approximately $1.1 million for disposing of soil which may be contaminated. This soil needs to be removed so the ballast and aggregate base can be installed below grade for the new railroad track foundation. Environmental risks exposed or discovered as a result of the project but extend outside of the project area will be UP’s responsibility for compliance, while the Port will be responsible for reimbursing UP for that portion of the environmental cost that lies within the footprint of the work scope. With UP agreeing to be responsible for all environmental contamination outside of the work area, Port staff estimate that the risk of potential cost over-runs is significantly mitigated by UP being responsible for contaminants that extend outside the project area. The Board requested that UP reasonably comply with MAPLA, the Port’s Maritime and Aviation Project Labor Agreement. UP has not agreed to comply with MAPLA, but is willing to incorporate some of the elements of the program. UP will be self-performing the majority of the work, however it will hire a contractor for an estimated $6 million. UP will require its contractor to pay prevailing wage, which is one key provision of the Port’s MAPLA. This puts each contractor on a level playing field and ensures that the workers will be paid a wage established by the California Department of Industrial Relations for numerous worker classifications in Alameda County. Current wages for a laborer working on demolition, for example, are $48.271 per hour for wages and benefits. The Port has agreed to pay on the project’s behalf, the contractor’s contributions for the Social Justice Trust Fund. UP is unwilling to incorporate the provisions of MAPLA with respect to local contracting and local hiring, and its non-union worker provisions. UP prefers to keep its standard contract provisions in place for contractor selection. UP has a substance abuse policy which mirrors the goals of the MAPLA substance abuse policy. Port staff does not believe that additional negotiations are likely to convince the UP to adopt additional provisions of MAPLA. All of the work within the UP right-of-way as well as work performed by other utility agencies were initially anticipated to be paid through a bid allowance in the BBGB contract. However, some of these contracts, including this Construction & Reimbursement Agreement, will no longer be paid through the BBGB contract at the request of the utility companies and UP. As such, a deductive change order to remove these bid allowances from the BBGB contract must be executed before the Construction and Reimbursement Agreement with UP can be executed. The deductive change order is estimated at $21.3 million, decreasing BBGB’s contract amount from approximately $46.8 million to approximately $25.5 million. However, change order contingency previously approved by the Board (20% of the original contract amount) would remain at the same dollar value of $9.4 million. A reduction in change order contingency authority is not requested nor recommended as the bulk of the value was intended to mitigate unforeseen issues that may arise while constructing on the Port’s potion of the former Oakland Army Base. The deductive change order will not result in any project cost

1 Dept. of Industrial Relations, Area 1, Group 3. https://www.dir.ca.gov/OPRL/PWD/Determinations/Northern/NC-023-102-1.pdf


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savings. The requested change order will allow the Port to pay these third parties directly, rather than have all payments routed first through BBGB. In addition, UPRR has informed the Port that it will not be designing or constructing tracks between the Port – UP property line and the existing UP tracks on UP right-of-way. These 2 interface tracks connecting to UP tracks near 7th Street and West Grand Ave, will be Port-owned and maintained. Staff submitted a separate agenda report seeking authorization for Parsons Transportation Group to design these tracks. Port staff is seeking a $3 million increase in the BBGB contract change order authority to perform this work. Staff expects to incur this expenditure in FY2015-16 and is included in the subsequent budget discussion.

BUDGET & STAFFING

Funds for the lead track reimbursement are included in the Capital Needs Assessment (CNA) as part of the Lead Track and Manifest Yard project within the Oakland Army Base program. UP completed its 100% design and now estimates the lead track improvements at $24.75 million, approximately 4% higher than its 90% design estimate, but within the $25 million board authorized amount from July 24, 2014. Port staff estimates an additional $3 million cost for BBGB to construct connecting tracks on UP property between the Port property and the UP tracks. Port staff estimates that the total cost to complete the project is approximately $5 million higher than currently budgeted in the CNA. In the FY12-13 budget and the subsequent award of TIGER funds, the Board authorized $94.6 million for the rail yard development which was later codified in the Cost Sharing Agreement and grant funding agreements. Port staff do not estimate additional funds needed for the current fiscal year, however expenditures in fiscal year 2015-2016 are projected to increase by $5 million based on current estimates. The budget increase is due to the following factors:

• Increased UP lead track construction costs, • Additional work by BBGB to connect to UP’s lead track, • Additional utility relocation work by Kinder Morgan, • Additional Parsons Transportation Group engineering consulting costs described

in item 3.1 of this September 11, 2014 board agenda, and • Costs associated with the UP Lease as described in item 6.1 of this September

11, 2014 board agenda. Funding for this work will be paid from Port funds, which are the only available source for the additional budget proposed. Project costs will be re-evaluated throughout the progress of the work. Port staff requests additional budget authorization in the amount of $5 million for the FY2015-16 budget. The 5-year CNA for the Oakland Army Base would be increased from its current $75.654 million to $80.654 million.

Revised 5-Year Expenditure Forecast ($ in Thousands)


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Description FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 Total Utility and Roadway Coordination $290 $250 $0 $0 $0 $540

Lead Track and Manifest Yard $27,500 $31,300 $400 $0 $0 $59,200Support Yard $14,000 $4,500 $414 $0 $0 $18,914

Community Trust Fund $0 $2,000 $0 $0 $0 $2,000Total $41,790 $38,050 $814 $0 $0 $80,654

Revised 5-Year Funding Sources ($ in Thousands)

Description FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 Total Port Funds $3,890 $13,550 $400 $0 $0 $17,840

TCIF2 State Grant $27,500 $21,000 $0 $0 $0 $48,500Federal Grant3 $10,400 $3,500 $414 $0 $0 $14,314

Total $41,790 $38,050 $814 $0 $0 $80,654Note: Proposed changes from the CNA are noted in red, bold, italic font.

If UP’s actual costs exceed $25 million, the Board would have to authorize additional funds and the expenditure of those additional funds in the Construction & Reimbursement Agreement. Port staff will advise the Board of projected costs on an on-going basis. Port staff from the Engineering, Maritime, Port Attorney, Finance and Social Responsibility divisions is engaged in the project, and no change in staffing is anticipated. Port staff is augmented by consultants including Parsons Transportation Group, Ghirardelli & Associates, American Maritime Group and others.


The work performed by UP on its own property under the proposed agreement is outside the scope of the Port of Oakland Maritime and Aviation Project Labor Agreement (MAPLA) and the provisions of the MAPLA do not apply. However, some elements of the MAPLA, as described above will be incorporated into the project.

STRATEGIC PLAN


• Goal A: Objective 4: Pursue strategic partnerships at all levels: local, regional, national and international

LIVING WAGE

Living wage requirements, in accordance with the Port’s Rules and Regulations for the Implementation and Enforcement of the Port of Oakland Living Wage Requirements (the Living Wage Regulations), do not apply to this matter because the work is outside

2 TCIF: Trade Corridor Improvement Fund, administered by Caltrans and the California Transportation Commission 3 The Federal Grant is comprised of a TIGER 2012 Grant administered by the US Maritime Administration, and an FY04-05 omnibus appropriation administered by the Federal Highway Administration and Caltrans.


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of the Aviation and Maritime areas with entities that do not principally provide aviation or maritime services are excluded from the Living Wage Regulations.

ENVIRONMENTAL

The proposals to authorize the Executive Director to execute a Construction & Reimbursement Agreement with UP for construction of Port-related rail improvements on UP property and to approve change orders to the BBGB contract were previously reviewed in accordance with the requirements of the California Environmental Quality Act (CEQA) and the Port CEQA Guidelines. In July 2002, the City of Oakland (City), as the lead agency under CEQA, certified an Environmental Impact Report (EIR) for reuse of the OAB. On September 17, 2002, the Board, acting on behalf of the Port as a responsible agency under CEQA, adopted findings and a mitigation program in reliance on the City's EIR (Resolution No. 02317). In June 2012, the Board considered the 2012 OAB Project Initial Study/Addendum (2012 Addendum) and adopted mitigation measures applicable to the Port from the City’s OAB Standard Conditions of Approval/Mitigation Monitoring and Reporting Program (SCA/MMRP) with Resolution No. 12-76. The OAB EIR and the 2012 Addendum described projects to be developed on and immediately adjacent to the former OAB, including a rail terminal on Port property and a related lead track on UP property linking to the UP mainline. The proposed agreement with UP and change orders to the BBGB contract will support construction of the previously approved lead track. Thus, no further CEQA review is required to take the actions recommended in this agenda report. The Port and its contractors, including UP, are required to comply with applicable construction mitigation measures and standard conditions of approval in the adopted SCA/MMRP, which is available on-line at: http://www2.oaklandnet.com/Government/o/PBN/OurOrganization/PlanningZoning/s/ApplicationandZoningInformation/OAK042281.

GENERAL PLAN

Pursuant to Section 727 of the City of Oakland Charter, this project has been determined to conform to the policies for the transportation designation of the Oakland General Plan.


The work performed by UP on its own property is not within the scope of the Port of Oakland’s Owner Controlled Insurance Program.

OPTIONS


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• Authorize a Construction & Reimbursement Agreement with UP. Authorize an approximately $21.3 million deductive change order, and a $3 million additive change order to the BBGB construction contract as described. Authorize $5 million in additional funds for the project’s FY2015-16 expenditure. This is the recommended option.

• Direct staff to negotiate different terms and conditions for the Construction &

Reimbursement Agreement. Direct staff to return to the Board at a later date with feedback on the new terms and conditions from UP and direct staff to accommodate additional project delays.

• Do not authorize the proposed change orders and direct staff to negotiate

different terms and conditions with UP. This would result in additional delays and would not provide any cost savings.

• Direct staff to reduce the scope to keep the project within the original budget.

Grant funding agencies are unlikely to provide funding at the same levels if the Port fails to deliver all of the outcomes described in its grant agreements, so a reduction in scope will not necessarily result in a reduced cost to the Port.

• Do not authorize any agreement with UP. This would result in the rail yard being

incomplete and would not permit unit trains to serve customers on the former OAB, which will breach state and federal grant agreements, as well as significant limitation on future business opportunities at the former Oakland Army Base.

RECOMMENDATION

Adopt a Resolution authorizing the Executive Director to: • Enter into a Construction & Reimbursement Agreement with Union Pacific

Railroad Company for its actual costs to construct a new lead track to the former Oakland Army Base rail yard, estimated at $25 million.

• Execute a deductive change order with Balfour Beatty Gallagher & Burk joint

venture to delete approximately $21.3 million in allowances for Union Pacific and Kinder Morgan that will no longer be assigned to the contractor.

• Execute an additive change order with Balfour Beatty Gallagher & Burk joint

venture to construct the interface tracks between the Port – Union Pacific property line and the UP north and south lead tracks on UP property.

• Authorize $5 million in additional funds for the Oakland Army Base rail yard in the

Capital Needs Assessment for expenditure in FY2015-16. Exhibits: A: Map B: Letter from Scott Moore, Union Pacific


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9

Exhibit A: Map


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Exhibit B: Letter from Scott Moore, Union Pacific


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9/11/14Item No.; 6.2DC/kk

‘ARESOLUTION (1) AUTHORIZING THE EXE*VE 1TOR TO

NEGOTIATE AND ECUTE AN ACTUAL CC CONSTJDN &

REIMBURSEMENT AGREEMENT WITH UNØ. PACIFIC WTHEDEVELOPMENT OF THE NEW SOUTH LEAD THE NEW PORT RAI’ ‘

ON THE FORMER OAKLAND ARMY BASE 4j TWO CHANGE ORDERS

BALFOUR BEATTY/GALLAGHER & BURI5jjV.; AND, (2) APPROVING

$5,000,000 INCREASE IN THE PR BUDGET,k THE PORT RAIL

YARD.

WHEREAS, the Board of °ort Comxni ers (“Board”) has reviewed

and evaluated tho Agenda ReporItem 6.2 datetember 11, 2014 (“Agenda

kepor”) and related agenda has ieoeihe expert testimony of

Port of Oakland (“Porfl”) staf irded ouniries for and takenpublic corynent; and

WHEREAS, the new len rt’ new rail yard (the

“Port Pail Yard”) in. the Former O’ Army Base (“GAB”) are necessary to

connect the Port Ra,,o the nal freight railroad network and will

be developed on adjacto and southeasterly of GAB. The new

lead tracks (th “) il1 r, construc ed by tIP and the Port will

reimburse UP f costs oorstrucLion of the Lead Tracks in

accordance wi of a Construction & Reimbursement

Agreement c the Port and UP; and

.s scheduled to start construction on the new Lead

e, with estimated completion in October 2015; and

14, 2013, by Resolution No. 13—30, the Board

act far Design/Build Services for Outer Harbor

Phase 1, Oakland, California (“OMIT Railyard”)

/Gallagher & Burk, J.V.., which included an allowance

.; and

hat in acting upon this matter, the Board has exercised

its lOc nt based on substantial evidence in the record and

adopts arr upon the facts, data, analysis, and findings set forth in

the Agenda and in related agenda materials and in testimony received;

Now, therefore, he it resolved as follows:

SECTION 1. The Board hereby authorizes the Executive Director to:

A. Negotiate and execute an actual cost Construction &

Reimbursement Acreement with UP for the construction of the new Lead Tracks

Tracks a:

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through UP’s croparty to connect t:ne Port Rail Yard to t:he national freight

ra:i oed nE:twock and to reimburse UP for all actual costs for the construction

of the new Lead ‘tracks in accordance with the following major terms and

(U UP ackrnwledqen that the Board has au:harzec $2,000,000 for

Lhc’ :.d Tracks;

(ii) Pr’t taf± WiJi cosey monitor the ojWo budget for the

Lead Trks ard plcctiy seadditional Board

authorization to inctease Lh’ am’thorized as soon as

Port s:aft hccome aware that thg mack oroject budget

wili l±ke]y e<ceed (.f at allie ‘ t authorized by

the Berci;the Board ores rot sothu any f rtneret ncrease

for the Loud Trck, Ut w*ease work on tad Tra ks

wi :hi ri 30 days of tbe4r’ s writen noti UP t

ttCii isLe the Lead TraNfroeot; and

(iv) If the Pert teroinates L’-ao rmroject, the Port will

reirnbtrse U? tar actuaAosts of restoring its

property o sunstly cond tion it was in

inunedialely pror to ncenint of construction of

the Leso Track project ;lv) Such other ternr and condits are consistent with the

intent ofresoluion contaIned in the Avenda

Report.

B Ne’otiate and Waute a’change order with Baifour

tty/Gallooher & Pork, J.V. (Lic.. the contract for the 0)-ITT

Rail’ard, posianr o ?ort- Qrdinano06, Sec’ion 5.j.5(iii) (a), to remove

execun additive change order with Baifour

3eaIy!GaIla ., ur.dere contract for the CHIT Railyard,

uursi-trt 0 j.(iii)(a), to add the design

and croLruct tracks conflect ing the Lead Tracks and

o her tr”k on UP’s property to the tracks on the Port Rail Yard

ii the lir.nier OaK)SW-v Base n an amount not to exceed $3,000,000.00.

her authorizes and approves an increase of Five

to the taroject budget for the Port Rail Yard.

reby finds and determines as follows:

:oposal to authorize the Executive Director to negotiate

:ction & Reimbursement Agreement with UP and two change

Scatty Gal lagher & Burk in connection with the Port—

rements on UP property was previously reviewed in

:he requirements of the California Environmental Quality Act

Port CEQA Guidelines

B. 1 July 2002, the City of Oakland (‘City”), as the lead

agency undeL CEQG, certified sri Environmental Impact Report (“SIR”) for reuse

of the CAB. On Seintember i7, 2002, the Board, acting on behalf of the Port

as a responsible agency under CEQA, adopted findings and a mitigation program

n reliance on the City’s SIR (Resolution No. 02317). In June 2012, the

C.

arid

o ocr arelated

accordance(“CocA”) and

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Board considered the 2012 OAR Project: Initial Study/Addendum (“2012

Addendum”> and adooted mitigation measures applicable to tne Port from the

CIty’ a CAB Standaro Conditions of Approva1/Iit:igation Monitoring and

Reporting Program (“SCA/MMRP”) woth Resolution No. 12—76.

C. The OAR EIR and the 2012 Addendum describ projects to be

developeca on and imnedrately adjacent to the former CAccluding a rail

cerminal on Port property and a related lead track on operty linking to

:he UP mainline. The croposed agreements will suppoonstructiofl of the

previously approved lead crack, Thus, no further CEiew is required to

take the action recommended in this agenda report.

0. The Port and its contractors,

comply with applicable construction mit:

conditions of approval in the adopted

hc. tp: / /www2 , oa kiandnet , corn/Government: /c:/Applicotionandloninglnformation/0AK0422

required to

standard

SECTION 4. This reso ution is not evjfl a aod does not create or

cortitute (a) a contract, or the grant of agot, entitlement or property

inter’st, or (ca) any obligation, or Hability odpart of the Roard or any

or ficen on ernpJovee of the Bhis iesoThtpproves and auttiorizes

‘e L\Ct3t1.JC’ Director to execuèertain agreements in

rhsrc tdtb tre :err.Ls of and until a separate

or t. en a,,ronen (a) s dul e; Boaro as authorized by

hs Lesolutor, is signed and and legality by the Port

AtLo rAcy, and is del,ed to o party, there shall be no

ye d or c’ffcrct ye (s)

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UPDATES & ANNOUNCEMENTS

The President, Members of the Board and the Executive Director will report on noteworthy events occurring since the last Board Meeting.

UPDATES & ANNOUNCEMENTS Tab 7

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SCHEDULING

This segment of the meeting is reserved for scheduling items for future Agendas and/or scheduling Special Meetings.

SCHEDULING Tab 8

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