Legislature(2013 - 2014)BARNES 124

02/18/2014 01:00 PM Senate TRANSPORTATION


Download Mp3. <- Right click and save file as

Audio Topic
01:05:55 PM Start
01:06:44 PM Presentation: Port of Anchorage by Mayor Dan Sullivan
01:52:13 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Joint with House Transportation
Port of Anchorage Presentation by Anchorage
Mayor Dan Sullivan
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
            HOUSE TRANSPORTATION STANDING COMMITTEE                                                                           
                       February 18, 2014                                                                                        
                           1:05 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
SENATE TRANSPORTATION                                                                                                           
                                                                                                                                
 Senator Dennis Egan, Chair                                                                                                     
 Senator Fred Dyson, Vice Chair                                                                                                 
 Senator Anna Fairclough                                                                                                        
 Senator Click Bishop                                                                                                           
                                                                                                                                
HOUSE TRANSPORTATION                                                                                                            
                                                                                                                                
 Representative Peggy Wilson, Chair                                                                                             
 Representative Doug Isaacson, Vice Chair                                                                                       
 Representative Eric Feige                                                                                                      
 Representative Lynn Gattis                                                                                                     
 Representative Bob Lynn                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
SENATE TRANSPORTATION                                                                                                           
                                                                                                                                
 Senator Hollis French                                                                                                          
                                                                                                                                
HOUSE TRANSPORTATION                                                                                                            
                                                                                                                                
 Representative Craig Johnson                                                                                                   
 Representative Jonathan Kreiss-Tomkins                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION: PORT OF ANCHORAGE BY MAYOR DAN SULLIVAN                                                                           
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DAN SULLIVAN, Mayor                                                                                                             
Municipality of Anchorage                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided a presentation  on the status of the                                                             
Port of Anchorage project.                                                                                                      
                                                                                                                                
LUCINDA MAHONEY, Chief Financial Officer                                                                                        
Port of Anchorage                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered financial questions on  the Port of                                                             
Anchorage project.                                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:05:55 PM                                                                                                                    
CHAIR  DENNIS EGAN  called the  joint meeting  of the  Senate and                                                             
House Transportation  Standing Committees  to order at  1:05 p.m.                                                               
Present at the call to  order were Senators Egan; Representatives                                                               
Feige, Gattis, Isaacson and Chair P. Wilson.                                                                                    
                                                                                                                                
^Presentation: Port of Anchorage by Mayor Dan Sullivan                                                                          
     Presentation: Port of Anchorage by Mayor Dan Sullivan                                                                  
                                                                                                                              
1:06:44 PM                                                                                                                    
CHAIR EGAN said on today's agenda  was a presentation on the Port                                                               
of Anchorage by Mayor Dan Sullivan.                                                                                             
                                                                                                                                
1:07:03 PM                                                                                                                    
DAN SULLIVAN, Mayor, Municipality  of Anchorage, Alaska, provided                                                               
a brief  history of the Port  of Anchorage saying it  had been in                                                               
operation since  1961 and is  the only port  in the area  to have                                                               
survived  the  1964  Good  Friday Earthquake  and  has  been  the                                                               
central  operating  port for  the  entire  State of  Alaska  ever                                                               
since.                                                                                                                          
                                                                                                                                
1:09:51 PM                                                                                                                    
He said one reason  it is important to point this  out is that an                                                               
incredible amount  of goods pass  through the Port,  an estimated                                                               
90 percent  of the merchandised  goods, 4 million tons,  going to                                                               
80 percent  of Alaska's populated  areas serving over  200 towns,                                                               
villages and  rural communities. It  is the major point  of entry                                                               
for  containerized  cargo  with over  240,000  containers  moving                                                               
through it annually.  It is clearly a $1  billion economic engine                                                               
for the  state with an aggregate  payroll of $50 million.  In one                                                               
given day when  the big barges are in, over  36,000 vehicles move                                                               
through the Port  taking nearly 100 million pounds  of goods from                                                               
them and distributing it.                                                                                                       
                                                                                                                                
1:10:04 PM                                                                                                                    
He  said the  facility  is on  220  acres of  land  that is  both                                                               
developed and  available to  be developed;  it has  two petroleum                                                               
berths, three  cargo berths, a  dry barge berth, a  floating dock                                                               
for  small vessels  and  the three  petroleum  pipelines. Two  of                                                               
these go to  JBER and the Ted Stephens  International Airport and                                                               
one to  the Tesoro  Refinery on the  Kenai Peninsula.  He pointed                                                               
out a  small boat launch,  "a little  known gem," which  serves a                                                               
small commercial fishery.  Next to it, Ship Creek is  the area in                                                               
which  they had  just undertaken  a major  development plan,  the                                                               
goal being to develop it as a waterfront community.                                                                             
                                                                                                                                
1:11:10 PM                                                                                                                    
SENATORS FAIRCLOUGH  and DYSON joined  the committee, as  well as                                                               
REPRESENTATIVE LYNN.                                                                                                            
                                                                                                                                
MAYOR  SULLIVAN said  some major  corporations  - Horizon,  Totem                                                               
Ocean  Trailer Express  (TOTE),  Alaska  Basic Industries  (ABI),                                                               
Tesoro, Crowley Marine Services,  Flint Hills Resources, and more                                                               
-  do  their business  at  the  Port  and  are essential  to  its                                                               
operations.                                                                                                                     
                                                                                                                                
1:12:10 PM                                                                                                                    
REPRESENTATIVE ISAACSON  asked how the reduction  associated with                                                               
Flint Hills would impact the Port.                                                                                              
                                                                                                                                
MAYOR  SULLIVAN answered  that new  field capacity  is coming  in                                                               
with Delta Western, so rather than  a negative impact he saw more                                                               
of a neutral impact.                                                                                                            
                                                                                                                                
He said that two distinct types  of vessels come into the Port of                                                               
Anchorage:  Horizon uses  cranes  to unload  the containers  onto                                                               
trucks  and   chassis  and  TOTE  uses   roll-on/roll-off  (RORO)                                                               
vehicles  that  drive   right  on  the  ship,  hook   up  to  the                                                               
containers, and  drive off. So,  one of the Port's  challenges is                                                               
having two  separate capacities  for two  very different  ways of                                                               
unloading  freight;  that  has  to   be  taken  into  account  in                                                               
designing the Port for the future.                                                                                              
                                                                                                                                
1:14:48 PM                                                                                                                    
He  described the  Port  of  Anchorage as  an  important hub  for                                                               
distributing fuel  including jet  fuel, avgas, unleaded  gas, and                                                               
diesel. He  said 100  percent of  the jet fuel  is used  at Joint                                                               
Base Elmendorf  Richardson (JBER),  the Ted Stevens  Airport gets                                                               
about 65 percent of its fuel  from there, and 1.5 million gallons                                                               
of fuel goes to Western Alaska.                                                                                                 
                                                                                                                                
1:15:21 PM                                                                                                                    
The  Port operates  in very  extreme conditions  with the  second                                                               
largest tides in North America,  icy conditions and swift current                                                               
moving  those chunks  of  ice around  within  those massive  tide                                                               
changes.  So, the  daily operations  are a  tremendous logistical                                                               
feat.                                                                                                                           
                                                                                                                                
1:15:49 PM                                                                                                                    
MAYOR SULLIVAN  stated that  the U.S.  Department of  Defense has                                                               
designated the Port  of Anchorage as a strategic  seaport, one of                                                               
only 19 in the nation. It  has had over 30 deployments since 2005                                                               
with over 18,000  pieces of military cargo passing  through it in                                                               
the  past 7  years.  As part  of the  Port  expansion project,  a                                                               
direct  haul road  was  built from  JBER that  does  not have  to                                                               
intersect with any other road systems or railroad tracks.                                                                       
                                                                                                                                
He said  the Port  continues to  seek new  business; construction                                                               
starts on the  new Delta Western Tank Farm this  year adding fuel                                                               
storage  capacity,  and  TOTE is  starting  a  new  "Just-in-Time                                                               
project" on the North Extension Area.  He noted the Port had been                                                               
able to handle  the huge pieces of equipment  associated with the                                                               
Fire Island Wind  turbines and bases and the  new generators that                                                               
Matanuska Electric Association is  installing outside of Eklutna.                                                               
He  anticipated more  big energy  projects going  forward whether                                                               
it's a dam or a pipeline.                                                                                                       
                                                                                                                                
1:17:24 PM                                                                                                                    
SENATOR BISHOP joined the committee.                                                                                            
                                                                                                                                
MAYOR SULLIVAN  said they  just completed  a draft  2023 Business                                                               
Plan and  wanted to  make sure  the next  port expansion  met its                                                               
business needs.  It includes  some of the  things they  are doing                                                               
now and  additional things  like barge  services to  rural Alaska                                                               
and  expanded  petroleum  products  including  possibly  LNG  and                                                               
compressed natural gas (CNG).                                                                                                   
                                                                                                                                
          The Port Intermodal Expansion Project (PIEP)                                                                      
                                                                                                                                
1:19:27 PM                                                                                                                    
MAYOR SULLIVAN  said that during  his transition period  he heard                                                               
rumors that  the Port  construction project  was not  going well.                                                               
Major damage had  been sustained during installation  of the Port                                                               
facilities  and the  design itself  was called  into question  in                                                               
terms  of seismic  stability. He  said  the Port  had been  band-                                                               
aiding its  1400-plus corroded pilings  that sit in a  high tidal                                                               
area with swift currents by repairing  25 in 2012 and 46 in 2013;                                                               
100 more  will be done  in 2014 and  that will cost  an estimated                                                               
$3,000,000. But by  the time you get to the  1400th pile the ones                                                               
you started  repairing are corroded  again and that can't  go on.                                                               
Another  major seismic  event similar  to 1964  could happen  and                                                               
while it  withstood that,  the experts  now have  concerns. Also,                                                               
people who  use the Port  have said that  any major damage  to it                                                               
would be catastrophic.                                                                                                          
                                                                                                                                
He said the  PIEP spent about $300,000,000  and accomplished some                                                               
pretty good  work including rail  extensions, a floating  dock, a                                                               
gravel  haul  road,  the  creation   of  65  acres  of  new  land                                                               
(important  for  staging  large  projects),  road  intersections,                                                               
utility    relocations,    and   drainage    improvements,    but                                                               
unfortunately, a lot of bad work was done, as well.                                                                             
                                                                                                                                
MAYOR  SULLIVAN explained  that work  was done  in a  "sheet pile                                                               
design" where sheets were installed  up the front, connected, and                                                               
filled in  with dirt to create  the land mass. When  he came into                                                               
office, people were questioning  whether that design was suitable                                                               
for  the  seismic  conditions  at  the Port.  So,  the  Corps  of                                                               
Engineers commissioned CH2M  HILL to look at the  design and they                                                               
concluded  that  it was  not  suitable.  The original  engineers,                                                               
Peratrovich  Nottingham &  Drage (PND),  contested and  said that                                                               
design had worked all over Alaska  and in other places around the                                                               
world and  that it  was the  construction that  went bad.  So, he                                                               
decided to get  a third-party review by Simpson  Gumpertz & Heger                                                               
(SGH), a world renowned forensic  engineering team, and they also                                                               
concluded that the  original design was not  suitable for seismic                                                               
conditions at the Port.                                                                                                         
                                                                                                                                
1:23:18 PM                                                                                                                    
With that  conclusion, they are  not going forward with  the same                                                               
design that the  Port project started with; they will  go back to                                                               
a traditional  pile-type system and  replace the 1400  piles with                                                               
the  new  design. The  dry  barge  dock  will  stay, as  all  the                                                               
engineers have agreed that it  is functional and safe and doesn't                                                               
have the same risk as the sheet pile areas.                                                                                     
                                                                                                                                
1:24:22 PM                                                                                                                    
He said the Corps commissioned  CH2M HILL to make recommendations                                                               
on an  alternative design and that  was to first construct  a new                                                               
dock on  the left; then  TOTE would move  to that new  dock while                                                               
work was  started on the  original dock area. Then  Horizon would                                                               
move  to the  north and  the Port  facility would  be pushed  out                                                               
another 10  feet to a depth  of 45 ft. When  that is constructed,                                                               
Horizon would  move to that dock  and work could get  done on the                                                               
left. Both  facilities would  be moved  out to  the 45  ft. depth                                                               
area  and  TOTE  could  ultimately  move  back  to  its  original                                                               
berthing area.                                                                                                                  
                                                                                                                                
MAYOR  SULLIVAN  said  everyone  knows   that  money  will  be  a                                                               
challenge for  this project  going forward, so  he asked  them to                                                               
scale  down the  facility by  eliminating the  $280,000,000 north                                                               
dock,   because  it   does  nothing   to  improve   the  existing                                                               
facilities. So, instead of one of  the shippers moving to the new                                                               
facility in  the north they  would move up  and down the  face of                                                               
the  Port as  the  different  phases are  built.  This makes  the                                                               
project affordable  and scalable.  Having newly  designed pilings                                                               
and  moving out  to  the 45  ft. depth  level  is very  important                                                               
because that is what the  U.S. Department of Defense requires for                                                               
a strategic port. He noted that  new ships are being built bigger                                                               
and with deeper drafts and as  a business model, he wants to make                                                               
sure the Port can handle them.                                                                                                  
                                                                                                                                
1:28:41 PM                                                                                                                    
SENATOR DYSON asked if barges go aground there at low water.                                                                    
                                                                                                                                
MAYOR SULLIVAN answered yes.                                                                                                    
                                                                                                                                
SENATOR  DYSON said  for many  years the  Corps of  Engineers had                                                               
been dredging further out for  about $25 million/year, and he has                                                               
heard  that might  go  away. He  asked how  fast  he expects  the                                                               
silting to  fill in, how much  dredging will be needed,  and what                                                               
it will cost.                                                                                                                   
                                                                                                                                
MAYOR SULLIVAN  answered that dredging  the Port of  Anchorage is                                                               
the number  one expenditure of the  Corps in Alaska and  it is in                                                               
the  $20-plus  million  range.  They  have  made  the  commitment                                                               
knowing  the   strategic  importance   of  the  Port,   not  only                                                               
economically to Alaska but to  the U.S. Department of Defense and                                                               
that it will continue to  be a priority. Additionally, moving out                                                               
into the better current flow at  the 45 ft. depth will solve some                                                               
of the siltation problem.                                                                                                       
                                                                                                                                
1:30:04 PM                                                                                                                    
SENATOR DYSON  asked for  historical data on  the silt  build up,                                                               
because it is always changing.                                                                                                  
                                                                                                                                
MAYOR SULLIVAN  agreed that it is  changing and that he  had been                                                               
told silt in Cook Inlet is very  dynamic. The face of the dock is                                                               
one thing but they are  now encountering siltation in the channel                                                               
ships come in that is causing it to narrow.                                                                                     
                                                                                                                                
SENATOR  DYSON said  commercial  gold had  been  struck on  every                                                               
stream in Cook  Inlet and he had some miner  friends who would be                                                               
glad to dredge it for free.                                                                                                     
                                                                                                                                
REPRESENTATIVE  FEIGE  commented  that the  original  sheet  pile                                                               
design  had a  smooth face  and was  self-scouring which  greatly                                                               
reduced dredging  costs and he asked  if the new design  could be                                                               
modified to  preserve calm water  behind the wharf  face (leading                                                               
to silting in around the  pilings which isn't necessarily bad) to                                                               
keep the dredging costs down.                                                                                                   
                                                                                                                                
1:32:54 PM                                                                                                                    
MAYOR SULLIVAN  said the engineers  told him two things  with the                                                               
design will  help with the  siltation problem: scaling  the north                                                               
end to where  it's almost parallel with the Port  front creates a                                                               
good flow  almost the same  as the sheet  pile design and  he had                                                               
also been told that the area  behind the face could be filled in,                                                               
which would create more work area.                                                                                              
                                                                                                                                
SENATOR FAIRCLOUGH  asked if the  Port operates as  an enterprise                                                               
agency.                                                                                                                         
                                                                                                                                
MAYOR SULLIVAN answered yes.                                                                                                    
                                                                                                                                
SENATOR FAIRCLOUGH asked  if under that operation  model there is                                                               
a retained earnings account for the Port.                                                                                       
                                                                                                                                
1:33:49 PM                                                                                                                    
LUCINDA  MAHONEY, Chief  Financial  Officer,  Port of  Anchorage,                                                               
Anchorage, Alaska, answered yes.                                                                                                
                                                                                                                                
1:34:10 PM                                                                                                                    
SENATOR  FAIRCLOUGH  asked when  they  last  looked at  port  and                                                               
docking fees.                                                                                                                   
                                                                                                                                
MS.  MAHONEY answered  that the  fees  get looked  at every  year                                                               
during the  budget cycle; increasing  the rates is an  option for                                                               
2014.                                                                                                                           
                                                                                                                                
SENATOR FAIRCLOUGH remarked  that it had been a  decade since the                                                               
fees had been raised.                                                                                                           
                                                                                                                                
MS. MAHONEY said she didn't know but could find out.                                                                            
                                                                                                                                
1:35:05 PM                                                                                                                    
MAYOR  SULLIVAN  said  different  rates had  been  adjusted,  the                                                               
cement  rates  for one.  One  thing  that  is preferable  to  the                                                               
stakeholders about  this design  is that TOTE  would have  had to                                                               
move its  ship further to the  north under the old  design, which                                                               
would  have   put  them  even   further  away  from   their  base                                                               
operations.  In their  business  time is  money  so every  minute                                                               
longer that  it takes a  truck to roll on  and roll off  over the                                                               
course of thousands of trips adds up to real money.                                                                             
                                                                                                                                
1:36:03 PM                                                                                                                    
MAYOR SULLIVAN  said before  he came on  board, the  Port project                                                               
had  been  managed  by the  Maritime  Administration  (MARAD),  a                                                               
subset of the U.S. Department  of Transportation (USDOT) that had                                                               
no  experience  in  this  area.  By contrast,  if  the  Corps  of                                                               
Engineers had managed it, they  probably would have avoided these                                                               
problems. Because  of the  problems with the  Port, an  audit was                                                               
done of MARAD'S  work, and while it's very rare  for a department                                                               
to issue something as terse  as this about something within their                                                               
department,  it essentially  said  MARAD failed  in every  single                                                               
aspect of  their project management  duties. They  didn't conduct                                                               
planning, didn't  follow federal contracting or  establish a good                                                               
risk management  program; there was no  quality assurance, nobody                                                               
directly  on  the  ground  directly   managing  the  project,  no                                                               
benchmarks  or  timelines. One  of  their  claims was  that  they                                                               
delegated,  but it  turns out  the contract  arrangement did  not                                                               
allow delegation.                                                                                                               
                                                                                                                                
MAYOR  SULLIVAN  said  that going  forward  the  Municipality  of                                                               
Anchorage is  taking over all  management duties and he  had just                                                               
completed  a  request  for  proposal  (RFP)  for  a  new  project                                                               
management team that will work directly for the Municipality.                                                                   
                                                                                                                                
1:37:49 PM                                                                                                                    
CH2M HILL  was the winning respondent;  they are by far  the best                                                               
proposer. The final  step in that process is for  the Assembly to                                                               
give approval.  He explained  that years ago  VECO had  done some                                                               
work on  the Port  project, basically  verifying that  the design                                                               
would be  suitable. So,  when CH2M HILL  bought VECO  they bought                                                               
any liabilities  that went  with it.  Some Assembly  members have                                                               
concerns about that and their  lawyers and purchasing people have                                                               
all  investigated  this   top  to  bottom  and   found  no  legal                                                               
prohibition against CH2M HILL bidding  or winning the bid, and it                                                               
has  satisfied  all  rules  and  requirements.  As  a  cautionary                                                               
measure, the Assembly  asked to have the bid  process reviewed by                                                               
the Bidding Review  Board and they said it was  done properly and                                                               
that CH2M HILL  was not only qualified to bid,  but certainly was                                                               
the proper winning respondent.                                                                                                  
                                                                                                                                
1:39:20 PM                                                                                                                    
The  Port had  contributed over  $80 million  to this  project to                                                               
date  (slide 31):  the PEIP  had received  $439 million  and $302                                                               
million   of  that   was  transferred   to   MARAD;  there   were                                                               
miscellaneous   expenditures   of    $7   million   (MARAD   paid                                                               
contractors), and $130 million is  unobligated (mainly because in                                                               
2012, Senate  Bill 160 put $48.5  million into the project  and a                                                               
GO  bond for  port energy  added another  $50 million).  So, they                                                               
have  enough  money   to  move  forward  with   first  phases  of                                                               
construction,  but  more  is needed  to  continue.  Contributions                                                               
totaled $300,087,562; $140 million of  that came from the federal                                                               
government.                                                                                                                     
                                                                                                                                
1:40:46 PM                                                                                                                    
REPRESENTATIVE LYNN asked  if there is any liability  on the part                                                               
of MARAD for what they did not  do and why they are getting money                                                               
back.                                                                                                                           
                                                                                                                                
MAYOR SULLIVAN  answered that  they are  not getting  money back;                                                               
it's just what they had already spent to date on the project.                                                                   
                                                                                                                                
REPRESENTATIVE LYNN  asked if they spent  a major share of  it on                                                               
improper things.                                                                                                                
                                                                                                                                
1:41:33 PM                                                                                                                    
MAYOR SULLIVAN said he would show  the answer to that question in                                                               
two slides. He said there is  a good partnership between the Port                                                               
and  the state  and  federal government  going  forward, but  the                                                               
challenge will be the future decline in federal funding.                                                                        
                                                                                                                                
1:42:06 PM                                                                                                                    
REPRESENTATIVE ISAACSON asked if there  are will be any penalties                                                               
for  using federal  funds for  work that  wasn't finished  and if                                                               
those funds could be applied to the new alternative project.                                                                    
                                                                                                                                
MAYOR SULLIVAN answered  that he had not heard  any concern about                                                               
penalties; money was spent and work was done.                                                                                   
                                                                                                                                
REPRESENTATIVE  ISAACSON  said he  was  thinking  more along  the                                                               
lines  of  since  the  Port  was changing  the  plan  they  might                                                               
penalize them. That occurs in some transportation funds.                                                                        
                                                                                                                                
MAYOR SULLIVAN said it's not a challenge at this point.                                                                         
                                                                                                                                
1:43:22 PM                                                                                                                    
MAYOR  SULLIVAN  said a  new  management  team  is on  board  and                                                               
reporting  to him;  they will  get new  environmental assessments                                                               
done, new  permitting and hopefully start  construction. No stone                                                               
will be left unturned for funding  at the federal level, but only                                                               
$30-40 million  will be  available through  grants and  those are                                                               
very  competitive. He  would continue  working  on getting  state                                                               
funding   and   saw   an  opportunity   through   the   Anchorage                                                               
Metropolitan Area Transportation  Solutions (AMATS). Locally they                                                               
have the ability to incur a little  more debt, but not as much as                                                               
years ago.  P3 partnerships had  been discussed and folks  at the                                                               
Alaska Industrial  Development and  Energy Authority  (AIDEA) had                                                               
talked about the potential for  a public private partnership. The                                                               
challenge in  that would be having  a good revenue stream  to pay                                                               
back plus make  a profit. That would probably  engender some sort                                                               
of rate increases, so a study of rates would have to be done.                                                                   
                                                                                                                                
REPRESENTATIVE  ISAACSON asked  how much  future financing  he is                                                               
looking for.                                                                                                                    
                                                                                                                                
MAYOR SULLIVAN answered with the  $130 million they have in hand,                                                               
probably  $250-300 million  more would  be enough  to finish  the                                                               
project,  but the  final design  isn't done.  TIFIA loans/credits                                                               
are available  that credits  work that has  already been  done in                                                               
the calculation for an amount to qualify for.                                                                                   
                                                                                                                                
1:47:28 PM                                                                                                                    
MAYOR SULLIVAN  said they had  filed a suit against  the designer                                                               
and  some of  the contractors:  Integrated Concepts  and Research                                                               
Corporation  (ICRC)  was  the general  contractor,  PND  was  the                                                               
designer,  and CH2M  HILL as  VECO did  some of  the verification                                                               
work on the design and  seismic work. Future litigation was being                                                               
considered against MARAD that spent  $300 million without getting                                                               
to a finished project.                                                                                                          
                                                                                                                                
REPRESENTATIVE  LYNN  asked where  they  are  in the  process  of                                                               
resolving the litigation.                                                                                                       
                                                                                                                                
MAYOR SULLIVAN said the litigation  with MARAD had not been filed                                                               
yet and they  are one year into the lawsuit  with the contractors                                                               
and designers. Briefs  had been filed and oral  arguments, but he                                                               
didn't know what the attorneys see as a timeline for resolution.                                                                
                                                                                                                                
1:48:51 PM                                                                                                                    
REPRESENTATIVE LYNN  asked what oversight  the state did.  Did no                                                               
one locally know until it was too late?                                                                                         
                                                                                                                                
MAYOR  SULLIVAN  answered  that  there  was  a  whole  series  of                                                               
communications  from  contractors  and  PND  engineers  over  the                                                               
course of 2008-10 with grave concerns  about what was going on in                                                               
the construction aspect.                                                                                                        
                                                                                                                                
1:52:13 PM                                                                                                                    
CHAIR EGAN thanked the Mayor for his presentation and adjourned                                                                 
the Joint Senate and House Transportation Committee meeting at                                                                  
1:52 p.m.                                                                                                                       
                                                                                                                                

Document Name Date/Time Subjects