NOTICE OF MEETING AND AGENDA - Metro Transit

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Operations Committee February 8, 2013 Page 2 Agenda Disposition Presentation 10. Approval of Executive Session Items 11. Unscheduled Business 12. Call of Dates for Future Committee Meetings 13. Adjournment Approval Information Information Approval Chairman Scott Chairman Scott Linda Espy Chairman Scott Note*: Public comment may be made at the written request of a member of the public specifying the topic(s) to be addressed and provided to the Agency’s information officer at least 48 hours prior to the meeting.
From: Subject: Disposition: Presentation: Metro Agenda Item Operations Committee February 8, 2013 Raymond A. Friem, Chief Operating Officer, Transit Services Sole Source Contract: Gall Zeidler Consultants LLC for a Final Survey and Remediation Plan for Leaks in MetroLink Tunnels/Stations Approval Dee Joyce-Hayes, General Counsel Objective: To present for approval to the Operations Committee a contract with Gall Zeidler Consultants LLC to perform a final mapping of leaks in Tunnel #3 and the Big Bend MetroLink station, and to develop and provide a remediation plan for the leaks. Background: Since completion of construction of MetroLink’s “Cross County” alignment, water has been leaking into Tunnel #2 (that runs west from DeBaliviere to Skinker) and the Skinker Station, and into Tunnel #3 (that runs west from Skinker, under Big Bend, to Clayton) and the Big Bend Station. Although both tunnels and stations leak, leakage in Tunnel #3 and the Big Bend station is far worse than in Tunnel #2 and the Skinker station. Tunnel #2 and the Skinker station were constructed by Tarlton, and Tunnel #3 and the Big Bend station were constructed by McCarthy. The Agency purchased an owner controlled insurance program (OCIP) through Travelers Insurance, which is a type of insurance coverage held during the construction project that is designed to cover virtually all liability and loss arising from the project – subject, of course, to the usual exclusions. This OCIP provided coverage for all of the Cross County contractors and their subs. Efforts by the contractors and subcontractors to grout the leaking areas have thus far been unsuccessful. Not only is the presence of water in the stations hazardous to our customers, the leaks in the tunnels and stations will lead to a serious degradation of their life-expectancy. Agency engineers, guided by advice from outside consultants, have concluded that the waterproofing of the tunnels and stations was done improperly and that the contractors and their subs are responsible. However, in an effort to avoid a potentially long and costly lawsuit, the Agency, working with the outside law firm of Williams, Venker & Sanders (“WVS”), has been successful in persuading the contractors and the subs to agree to toll the running of the statute of limitations and to work with the Agency to find a permanent “fix” for the problem rather than force the Agency to file a lawsuit in order to preserve our right to litigate should that become necessary. Meanwhile, McCarthy and Tarlton have both filed claims with Travelers under the OCIP, thereby bringing that insurance company into the negotiations concerning repairs, and into any litigation should be become necessary. WSV recommended that the Agency retain the services of an hydrologist and a waterproofing expert to analyze the source/s of the problem and how to fix it. In order to preserve the principle of attorney/client privilege as to the results of their work, we agreed that WVS would find and retain these experts. In July 2010, based on their reputation and experience in waterproofing underground tunnels, particularly underground tunnels for railroad/transit use, WVS selected the firm of Gall Zeidler Consultants, LLC. Gall Zeidler completed their initial investigation and mapping of the leaks in the tunnels and stations in the spring of 2011. Subsequently the Metro Board of Commissioners requested that the Agency determine the cost of repairing the tunnels and stations, with or without the participation of the various contractors and their subs, and Gall Zeidler was tasked with preparing a remediation plan. McCarthy has agreed to have Gall Zeidler devise such a plan for Tunnel 3 and the Big Bend Station. Tarlton, on the other hand, has requested that it be allowed to hire its own engineering firm and be given time to work with CETCO,
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NOTICE OF MEETING AND AGENDA - Metro Transit

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