a 1-way thing that says here is a bunch of companies, probably 154 whatever, facets that i could make a budget paper, two, i have done it in the past. next thing is when you get a person assigned to it, it is all fine and dandy, but when it comes down to sitting down -- director ford: please finalize your remarks. >> the only thing to get down to, understanding what they have to do, you have to kind of work with them. you have to tell them what to strike, yet to tell them what they can do. that is not done in this job. director ford: all right, thank you. now we will hear from the staff. no other public, enters before we hear from the staff? ok, thank you. >> being mindful that what we want to do here is create jobs. we recognize that.

so you do not count vendors and suppliers at the same percentage that you count and actual subcontractor because you recognize that to buy materials and pass it on to your subcontractor is not creating as many jobs as putting someone out there with a hard hat. if you look at the actual subcontractor participation, they are nearly identical. granite is at 11.15% for actual subcontractor sbe's and dbe's. when you add in suppliers at a discounted credit, so to speak, setting the competitor up to 23.3, and it also brings granted up to around 17%. i just want to know for you some of the high percentages.

the largest participation comes from trucking. there is an asian theredbe and a black -- there is an asian pacific dbe and a black lbe. all of our packages so far, without mandating -- all of the trucking on all of the packages so far. director daly: so staff is now telling us that the dbe purchase a patient for granted is lower than -- for granite is lower than balfour? >> correct. our first order of business was to evaluate the bonafide good faith efforts of the low bid and

determine if in fact they were bonafide. as a secondary measure, after staff report was prepared in order to be able to answer questions, we did look at the 2nd low bid to make sure that their numbers either were or were not actually what they are saying, and we look at some of these businesses to see whether or not they were store fronts or whether they were subcontractors. our calculation of their numbers brings it down significantly from 25%. we are not actually looking at a $15 million or $20 million difference in sbe participation if you are comparing the bid that way. director daly: b 3 million additional -- >> that has not been added into these calculations. director daly: what did they find? >> i would have to ask.

>> [inaudible] director daly: which b brings it up about 2% to a19-point- something. >> i also want to understand. i'd improbably over sharing my thought process on this, but the problem with the lake, as i see it, is not the impact of a month. if we are not prepared to move forward with the low bidder, i cannot imagine a scenario where we would just go to the second bidder. i think in that case, without compromising our lawyer's

position or anything else, the low bidder would have a pretty legitimate set of issues, particularly given some of the numbers that have been laid out to us, and i think we would more than likely be looking at a rebid situation, which probably would lead to a fairly significant delay in the project. it is very helpful, the numbers you have just given, and i want to make sure i understand as well. on the apples to apples basis, for the elements of the program that i think everyone, including public, enters, acknowledges is the most important part, which is not on the supplier side, but on the subcontractor side, balfour beatty is at 11.2%, and granite is at 11.5%? >> 11.25% and 11.15%. >> after balfour was suggested

to adjust down their number in your diligence, and in light of the bid process, we did the same thing, and based on that apples to apples due diligence, they come out about the same, maybe a little more. >> correct. >> i'm intrigued, i have to say, with director daly's suggestion -- director daly: it is not a suggestion. [laughter] >> i think we need to look at going forward, whether we can repurchase some of the concerns that continue to come up, but based on the analysis, as i think i understand it, i think i am prepared to vote in favor of this item now. director ford: thank you very much. >> with that, we will go ahead

and take a roll call vote with no other members of the public wishing to address you on this item. cohen aye. daly aye. 3 ayes and one no. item 8 is approved. we can go ahead and move into your next calendar item, item nine. approving an amendment to contract 08-04-cmgc-000, authorizing webcor/obayashi joint venture to award a trade subcontract thereby increasing authorized direct costs by $1,699,000 and increasing the authorized construction services be by $139,318. >> directors, we have someone to

report on this item. >> this contract is water improvement along howard street. 100% sbe for this package along with all the other side utility packages. being that the water improvements need to occur before the shoring all, this work is on the critical path. happy to answer any questions you have. director ford: it has been moved and seconded. can you spell of the issues regarding sbe participation? i know there were questions about things that need to be changed. >> as it relates to this contract -- director ford: it is good we got to 100%. i just want to better understand the issue. >> the idea is that all the site

relocation work were 100% sbe. the particular item which identified were just trying to identify qualified contractors to bid so that we have as many bidders as possible. director ford: right, we only received one bid on this, and it came under the engineer estimate. >> you have one member of the public that does wish to address you on this item. >> my name is stuart mitchell. i just want to introduce myself to the board and thank you for considering us for this project. i want to thank webcor/obayashi for qualifying s, giving us the chance to bid on the project. we are excited. director ford: thank you very much. >> that concludes that.

no further members of the public have indicated they wish to address you on this item. director ford: it has been moved and seconded. all in favor? >> great. item nine is approved. item 10 is approving an amendment for contract 08-04- cmgc-000 authorizing webcor/obayashi to award a trade subcontract, thereby increasing authorized direct costs by $2,115,000 and increasing the authorized construction services fee by $173,430. >> directors, guy hollands will also report on this item. >> this trade package, again 100%, this covers water and

sewer along first-rate that, and again critical path work. again happy to answer any questions you may have. director ford: do i have a motion? move, seconded. all those in favor? ok, motion carries. >> item 10 is approved. moving to item 11, authorizing the executive director to execute a contract modification #12 agreement 08-08-dm-000 with evans brothers for additional construction services required increase in the contract by $1,195,000 for a total contract some of $12,747,640. >> good morning. turner construction, construction management oversight. this modification is represented by two change orders, one for additional removal of asbestos- carrying materials, which was

previously unknown to the contractor, and the second is to install temporary shoring on the east side of the street to facilitate the final demolition of the eastern building and allow webcor/obayashi team to start debauches california removal and the butchers work. is there any questions? director ford: motion to approve. it has been moved. moved and seconded. all those in favor? >> item 11 is approved, and no members of the public indicated they wished to address you on that item. moving to item 12, authorizing the executive director to execute amendment two to the intergovernmental agreement two with the city and county of san francisco, department of public works for such additional services of $575,000 for an aggregate amount for all

services under agreement no. 2 not to exceed $1,174,500. >> this amendment covers inspection oversight and acceptance services from the bureau of construction management as well as additional design as it relates to the current design. that covers the items in this amendment. director ford: ok. what is your pleasure? move, seconded. all those in favor? no posers. motion carries. >> alright, no members of the public indicated they wished to address you on that item. moving into item 13, adopting board policy 016, advertising policy. >> we looked very closely as

what mta and other agencies have done in crafting this, so andrew. >> thank you. this is a resolution approving an advertising policy, for advertising on tjpa property. the primary purpose of the program is to raise revenue for the program, and it is based on policies. because the tjpa would be acting in a proprietary manner, it would be advertising on its property. it is not a public forum, and therefore, it is not subject to the same restrictions, and it would not require -- it is not required to provide the same

protections as it would if it were regulating. policies that are recommended would prohibit certain types of ads on certain subjects, although it would not distinguish between points of view in the subject areas. it does for him it advertising for such things as political campaigns for ballot initiatives, profanity, depictions of graphic violence. the board has before it a resolution that would approve the policy. [inaudible] director cohen: are there other public buildings that have a similar policy? >> bart and muni have policies

that are similar. director ford: ok, and the okrfp is going to be specific to the temporary terminal, and we will revisit the permanent terminal at another point. >> the board will have a contract for the advertising program. director ford: all right. director daly: the thoughts behind a prohibition on political advertising? >> to maintain the [inaudible] director ford: it is pretty consistent with most of the policies i see, at least for transportation agencies, to stay out of those -- director daly: it is, and that

would include ballot measure campaigns? director ford: yes, for example, we do not advertise for political campaigns on any of the muni the hackles, whether it is for or against the agencies or fund raising. director daly: but the shelters are different? >> director ford: ford -- director ford: bus shelters are in there, too. ok. with that, what is the board's pleasure? ok, it has been moved and seconded. all those in favor? no posers -- no opposers? motion carries. let's move to the next item. >> item 14 is a resolution of appreciation for director chris

daly. >> we have a resolution for havedaly, -- for director daly, who has been with us for many years. he has served since 2002, representing the city and county of san francisco and whereas that the san francisco supervisor for district 6, the district in which the transit center program is located, he has been a tireless advocate for improved public transportation, housing, and other urban amenities to create a livable, revitalize neighborhood, and whereas as a supervisor and member of the board, he has been passionate about providing increase affordable housing throughout san francisco, due in large part to his leadership on this issue, the program will result in 2600 new homes, 35% of which will be affordable, and whereas the joint powers authority has greatly benefited from the passion, knowledge, wisdom,

experience, determination, and integrity that he has brought to the tjpa's decision for the past nine years, and whereas his faithful and effective advocacy on behalf of the transit center program at the san francisco board of supervisors, the metropolitan transportation commission, and the county transportation authority greatly contributed to the success of the program and its major funding milestones over the past decade, and whereas the successful launch of the trans bay transit center program, the critical reseed of $400 million in stimulus funds, and the continued recognition of the importance of the program to the nation, the state, and the region is directly attributable to the strong guidance and influence of chris daly in working toward program goals, and whereas he will be leaving as a member of the san francisco board of supervisors in january 2011 and will also leave his position as a director of astransbay joint powers

authority, -- director of the trasnbay joint powers authority, the authority wishes him continued success and happiness in all his future endeavors, and i want to say on my behalf and certainly on behalf of staff how much we have really appreciated all your efforts, directors. your courage, your integrity has just been commendable, and i want to thank you for all the years you fought along our side. you did fight the hard battles with us till the wee hours of the moment, and at all times, you have conducted yourself with honor. even when things were not necessarily popular, you were there for us. but for your support and help all these years, we would not be here today. i personally want to thank you. i want you to know that i'm going to miss you terribly.

we hope that we can continue to have you involved in our project. we want to make sure -- and invite you to the major milestones and keep you apprised. thank you very much for everything you have done. you are a good man, and we tell everybody that. thank you. director ford: i would like to follow up -- well, director cohen. director cohen: i was in public service with supervisor daly for about 10 years. there were many issues over those 10 years that we were not on the same side. it was a matter of public policy, but it was really nice to have the opportunity on a project to be on the same side of an issue.

as formidable of an adversary that you were, you were a better ally, so i appreciate that and wish you the best of luck. >> it has been a pleasure to work with chris, to follow his career, of stand-downs', nays and yeas. good luck. thank you. director ford: it has been a pleasure to have you on this board, and i think we have done some great work over the past few years of advancing this project. the staff has brought us good decisions, and we have been able to support them the majority of the time. they have brought things before us, and largely due to your advocacy for this project and your discerning the critical issues from a policy standpoint, we have been able to accomplish a great deal, and you will be missed. i really enjoyed working with

you in your capacity as a director of this board, and i look forward to working with you in the future because i know you are going to be around. thank you. director daly: thank you. i'm going to take a very brief moment. let me thank maria and the whole tjpa family for your work. if you sit on enough of these boards, you realize that while technically, the staff works for the board, in reality, in terms of the labor of love and the time and effort and energy, the board's really do work for the staffs. fortunately, we have a very good one here. thank you to my colleagues, present and past, here on the tjpa. i have only been here for eight

years. i think tony really wanted to be here when i was first elected, and for some reason, acquiesced. but it is not really in my nature to not see things through to final completion, so i'm really not ready to go. and somehow my goal is still here. [laughter] i figured there has got to be a way that i can hang on. but probably, i will just have to secret development through to near completion, and the actual digging and contract letting and construction will have to be overseen by others that follow, but they will have pretty much the same staff and family here doing the work, so the project

is in very good hands. thank you very much. one other point -- i was doing one of these interviews, and they asked me about transbay, and i was not even thinking. it was probably on my phone or my i had doing something else, and i was giving an interview at the same time, and i just went into the talking points about climate change and a new neighborhood and affordable housing, and i was talking 40 we will or three minutes of ourtransbay -- about transbay not paying attention, and i had to stop myself and say that i was really giving the talking points, but when i stop to think about it, this is an incredible project, and i probably have been rounded and involved in too long to fully appreciate how incredible it is. you have to take a few steps back to look at it, and if you think about the -- about climate

change, about the future of the state of california and our transportation systems, if you go to enough regional government meetings and talk about regional airport expansion and you have that kind of perspective, trust me, this is huge. it has been my honor, my pleasure to have been part of it over the last eight years. thank you. director ford: ok, do i have a motion? it has been moved and seconded. all those in favor? you can abstain. ok. all right, we have 3 ayes and one abstention. >> item 15 is a resolution of appreciation for director mark church, who was unable to be here. >> i have a resolution to read for director church. where is mark church is san mateo county supervisor has

served as the board of directors at the trans the joint power authority since 2009, representing the joint powers board and where is the trans the joint powers authority has greatly benefited from the experience and knowledge that mark church has brought to the decisions of the authority and where is the accomplishments of the joint powers authority would not have been possible without the guidance and assistance of mark church, and whereas in june 2010, mark church was elected by the voters of san mateo county to serve as county clerk recorder and chief elections officer and he will be relieving his position as director of the board, therefore be it resolved that the trend a power authority expresses its most sincere appreciation for the work of mark church as a member of the board of directors and be it further resolved that the director of the authority which is mark church continued success and happiness in all his future endeavors. if you could convey to director church our sincere appreciation, thank him on our behalf.

certainly when he was most needed, he certainly was there for us, and we appreciated his support and always making himself available to staff to meet with him and seek his guidance on many critical issues, so please, thank him on our behalf. >> i will. and mark asked me to express his gratitude for this award yesterday at our board meeting, we recognize them also because his new position will require his not being on or not allow us to be on these various boards. mark also said please extend to all of you his regrets at not being able to make all the meetings, which was good for me because i got to come, but he is now chairman of the state seismic safety committee, and they have been meeting on the same date and time as this group

does, but he says thank you and stay in touch, and i will see him tomorrow. thank you very much. director ford: pass on our appreciation from colleagues at the board. thank you. motion to approve? it has been moved and seconded. motion carries. >> item 15 is approved. at this time, you are scheduled to go into closed session. we have not received any indication that a member of the public wishes to address you on the item. so you have an opportunity to do so now. we will