for the change in the radius of the design. >> most of the change orders -- we do not take those lightly, and i will not sign them unless it is really an unforeseen conditions. that is one of the reasons we brought early so we have the benefit of a general contractor working with our architects so that we can build what is being designed, but i can have jim kaufman speak to the original budget. when we put out the baby, the bids came in under the engineer 's estimates. we were fortunate in that way, and again, most of the chain orders -- change orders came in as a result on forseen, and we voted to demolish when the city voted to condemn them. >> i am with the transbay program management team, and i

take care of the budget. a work in total is around $16 million. the contract it came in underneath that. the balance of that money is held in contingency to cover these kinds of events. for delivery this kind of work, you are going to run into unknowns, the ability for the contractor to estimate accurately from day one is suspect. we recognized a sufficient contingency to cover these changes. in addition to that, actually about $1 million for the additional properties that were required for eminent domain, we cannot include in the original bid documents because at the time, tjpa did not own the property. we knew we had that chunk of work that had to be added later to the contracts when the properties were acquired. even though the contract, if you

look at the contract itself, it did show an increase in growth, it did not really affect our overall budget. >> do we expect more modifications to the contract to come forward? >> no, they are done. >> there is one cleanup. they did some overtime in the final months. we did not get into this just because of the board calendar and everything. there is some sidewalks that need to be replaced that we are looking at having them do as well. we are working on that, and that, hopefully, is a final and will be in front of you for the october board meeting. they are minor compared to these. >> the work has already been completed? >> the overtime was completed as part of getting the archaeologist started as quickly as possible, so as not to delay the follow-on work. it is, like, $1,700.

it just did not make it into this item for the board. >> last question -- i noticed that you said dbe or sbe actual were significantly under the goals. >> we are working on that. i think they are working on around 3% or 4%. they will not unfortunately get to their goal. but we are finding out if they are under reporting or not reporting some of their trucking dollars. something has gone as you in the process, so that as part of the closeout we are doing with them and some final reporting on material recycling, items like that. >> is their opportunity in the sidewalk work to set aside that work for dbe's and/or -- >> it is very minor, but i will talk to the contractor about

that. anything else? >> i really empathize. everybody has seen the cartoon with the disney name "contract" hanging behind a yacht named "change order" -- the dinghy named "contract." there was asbestos in it and we did not know that, but that does not mean that the contractor should not have done some things, but i am glad that those things are steering around in people's minds. that is the real question -- who bore the risk of something not being foreseen -- unforeseeable is different. unforeseen does not answer the question. >> good point. specifically on these buses, there was a report that the contract had at the time, and there were line items in their

bid corresponding to what was anticipated, but for instance, in the asbestos-containing material area, there was significantly more than what the initial reports that they had at the time showed. including this popping material that no one anticipated. then, one of the other larger change orders was the fremont street shoring wall. we have the demo contractor do some of the preparation work that was necessary for that follow one but does work. the majority of the transit center demolition, they left in place the basement lab. we got the subsequent footings underneath it in preparation for the contractor did come in and remove the wood contractors, and it also included adding a temporary shoring wall along fremont street.

it was a change in scope that came about after the initial information for big time. >> ok. any other questions? we have a motion for approval. is there a second? ok, motion and second. any objections? >> item 9 is approved. >> all right. thank you very much. >> we will go ahead and move into item 10, authorizing the executive director to execute amendment two to the intergovernmental agreement with the san francisco public utilities commission to provide of sillery water supply system valve services for an amount not to exceed $550,000 for a total amount of the agreement not to exceed $1,150,000 for a term not to exceed eight years for the effective date of the agreement. >> by way of background for the new directors, we have a number of intergovernmental agreements with a variety of san francisco city departments that work with us very closely on the project,

and the san francisco public utilities commission is one of them. >> good morning, directors. as mentioned in an earlier part of the presentation, we are nearing the end of our utility relocation for the first phase of the project. relocation of the of solar water supply system on mission and howard is the last package, and it is slated to start in january 2012 and finished around may. this amendment to the agreement with the puc covers the puc's procurement and installation of the valves. this is the scope of the agreement, and that number to a wheel. happy to answer any questions. >> i just have one question on this. when we see on the agenda that the "not to exceed" price goes up when there is added scope, does that mean that the prior

"not to exceed" for each of the two or three parts, each of the three things -- that those can utilits commission no overrun on one and make it up and under run on another? >> in a sense, and the initial agreement and second amendment should be approved. once it gets approved, we issued a task order or a series of task orders to the puc for specific items. the puc then is obligated to provide those services within the task order budget amount. in effect, -- >> so those subcaps still hold. >> yes, but we do that here strictly to the budget. >> any questions? motion for approval? second.

>> no members of the public wanted to address you on item. >> no objections. approved unanimously. >> item 10 is approved. item 11. appointing sara gigliotti to the position of chief financial officer for the tjpa. >> we created the tjpa in 2001. i stayed with the city and county from 2001 until 2003 running the tjpa. december 1, 2003, i severed from the city, the tjpa moved to a separate office space at mission where we are currently located it was myself and all of the transbay documents until march of 2004 where i hired my first staff person. that person was sara dilaudid.

sir worked at our office manager from 2004 through 2007 where she was then promoted to our contracts compliance manager. -- sara gigliotti. prior to that time in march 2003, because it was just myself, i entered into a number of agreements with the city and county of san francisco to provide staff. we entered into an agreement where dennis ferreira was our general counsel. we entered into an agreement where ed harrington became our chief financial officer because of increasing duties over time we then hired our own chief financial officer who had worked with the city and county of san francisco for many years, fred clark. he came on board after ed harrington. he has continued to be our chief financial officer and he created all of our finance controls, internal accounting procedures. he set up everything with us and has been working closely with

sara over a number of years. fred is now getting ready to retire in two years or so, so we need to bring on board a chief financial officer that can take on those duties. sara has been leading a staff of four people working in the finance controls. as directors know that have been sitting on the board, we have excellent audit reports over the years. our budgets have increased from about $10 million when i started in 2001 to today over $363 million. she has done an excellent job as a our contrast -- contracts compliance manager. fred will continue in a more advisory role until everything is transitioned over. but given the complexity of our financial program, the largeness of the project -- and fred is

recommending this, as you know from the letter in your packet -- we consider sara as our next chief financial officer. she has taken a number of classes at uc-berkeley, educated herself on anything and everything having to do with governmental accounting standards. she is on track to receive for certification, which is very difficult to get. it is like passing the bar or getting your cpa certification. i would like to ask sara to come up and say a few words to the board. >> thank you. actually, i would like to thank maria and fred for giving me the opportunity to take on additional duties throughout the years, and interest to me with increased responsibilities. i would like to thank the staff for helping to manage the peninsula as possibilities. i will let thwould like to thane

commission for considering this today. it has been an honor to watch the tjpa come from certifying the eir, one of the first things i helped area with, all night hearings from 2004 until now to walking by a construction site on my way to work. thank you for considering this. i look forward to riding a bus to the new station in a few years. >> i would move approval. >> second. >> what exactly will mr. clark's that this be? >> he will be deputy cfo with sara. he will be working on a very carpet -- part-time basis. he is a tjpa employee. he is not a consultant and has

not been a consultant. he has always been a tjpa employee. his hours would become less and less. >> and his compensation accordingly? >> yes. he is in his mid to late 80's, 70's? he is prepared to retire. >> i certainly support the appointment and refer to your dad on this, but isn't a law by the tjpa that you did not have the authority to make this appointment? >> there are certain position that we bring directly to the board. that would be the board secretary, chief financial officer position, as well as general counsel position. general counsel position is now in dennis herrera. that was from a board

resolution quite a while ago. nila was appointed earlier. the chief financial officer, and of course, my position. those are the only one that would come to this body. >> surprised we still have dennis, but i guess we still do. all right, motion, 2nd. any speakers? >> no members of the public wish to address you on this item. all in favor? >> congratulations, sara. you have been here so i cannot say welcome aboard. >> item 11 is approved. item 1item 12. election of chair and vice chair pursuant to the tjpa joint powers agreement. >> i would like to make the proposal that supervisor kim the the chair of this body as the

elected official, and as the representative of the district where this is all taking place. it would seem that the best choice to me. >> all right. we have nomination and a second for supervisor kim. any other nominations? seeing none. are there any objections to the nomination? any members of the public wish to speak on the item? >> you have got it down now. >> if elected are you willing to serve? >> i do accept and am honored to serve as chair of this body. >> we have not voted yet. director kim: would be honored. >> [laughter] all in favor? >> the board has unanimously agreed to appoint supervisor kim as chair.

the vice chair? >> any nominations for vice chair? >> i will nominate supervisor ortiz. >> second. >> nomination and second. any speakers? seeing none. any objection? all approved? unanimous. >> my sister ortiz will continue on as vice chair. we have a new chair, director kim. --that include your regular calendar. we are scheduled to go into closed session at this time. we have not received any indication that a member of the public wants to address you on the item listed. we will go ahead and clear the room.