Board Meeting – March 10, 2011

 TRANSBAY JOINT POWERS AUTHORITY
BOARD OF DIRECTORS 

NOTICE OF MEETING AND CALENDAR
 

Thursday, March 10, 2011
1 Dr. Carlton B. Goodlett Place, Room 416
San Francisco, CA 
 

REGULAR MEETING
9:30 a.m.
 

BOARD OF DIRECTORS

Nathaniel Ford, Chair
Elsa Ortiz, Vice Chair
Michael Cohen
Jane Kim
Art Lloyd
Bijan Sartipi 

 

Executive Director
Maria Ayerdi-Kaplan
 

Secretary
Nila Gonzales 

 

 

201 Mission St. #2100
San Francisco, California  94105
415-597-4620
415-597-4615 fax

 

 

ACCESSIBLE MEETING POLICY

The Transbay Joint Powers Authority meeting will be held in Room 416, at 1 Dr. Carlton B. Goodlett Place, San Francisco, CA.  The closest accessible BART station is the Civic Center Station at United Nations Plaza and Market Street.  Accessible MUNI lines serving this location are:  Muni Metro Lines J‑Church, K‑Ingleside, L‑Taraval, M‑Oceanview, N‑Judah, and T-Third at Van Ness and Civic Center Stations; F-Market; 19-Polk, 47‑Van Ness; 49-Mission-Van Ness; 5-Fulton; 6 Parnassus; 21-Hayes; 9‑San Bruno; and 71‑Haight Noriega.  For more information about MUNI services call 311. 

The meeting room is wheelchair accessible.  Accessible curbside parking spaces have been designated on the Van Ness Avenue and McAllister Street perimeters of City Hall for mobility-impaired persons.  There is accessible parking available within the Civic Center Underground Parking Garage at the corner of McAllister and Polk Streets, and within the Performing Arts Parking Garage at Grove and Franklin Streets. 

If you require the use of an American Sign Language interpreter, a sound enhancement system, or a reader during the meeting, such person or system can be made available upon request; please contact Nila Gonzales at (415) 597-4620 or NGonzales@TransbayCenter.org, at least 72 hours prior to the meeting.  Late requests will be honored if possible.  Calendars and minutes of the meeting may be available in alternative formats; please contact Nila Gonzales at (415) 597-4620 or NGonzales@TransbayCenter.org at least 72 hours in advance of need.  Written reports or background materials for calendar items are available for public inspection and copying at 201 Mission St. Suite 2100 during regular business hours and are available online at www.TransbayCenter.org.

 To assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.  Please help the City to accommodate these individuals. 

The ringing and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting.  Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

 

 

9:30 – REGULAR MEETING

ORDER OF BUSINESS

1.  Call to Order

2.  Roll Call

3.  Communications

4.  Board of Director’s New and Old Business

5.  Executive Director’s Report

6.  Public Comment 

    Members of the public may address the Authority on matters that are within the Authority’s
    jurisdiction and are not on today’s calendar. 

THE FOLLOWING MATTERS BEFORE THE TRANSBAY JOINT POWERS AUTHORITY ARE RECOMMENDED FOR ACTION AS STATED BY THE EXECUTIVE DIRECTOR OR THE CHAIR. 

CONSENT CALENDAR 

7.  All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Transbay Joint Powers Authority, and will be acted upon by a single vote.  There will be no separate discussion of these items unless a member of the Board or the public so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item. 

(7.1)     Approving the Minutes of the January 13, 2011 meeting. 

(7.2)     Authorizing the Executive Director to execute an agreement with Vavrinek, Trine, Day & Co. for Independent Auditing Services for an amount not to exceed $144,000 for Basic Services and for a period of three years. 

(7.3)     Authorizing the Executive Director to execute Amendment #1 to the Agreement with SFPUC to provide Construction Services for an amount not to exceed $375,000, for an aggregate amount of all services under the Agreement not to exceed $600,000, and for a term not to exceed eight years from the Effective Date of the Agreement. 

(7.4)     Authorizing the Executive Director to enter into a Freeway Maintenance Agreement with the State of California Department of Transportation to operate and maintain the Bus Only Lane in substantially the form attached hereto for a duration not to exceed seven years.

REGULAR CALENDAR

8.  Approving the design proposal and budget for the recommended artist, Tim Hawkinson, and authorizing the Executive Director to enter into an agreement with Tim Hawkinson to create a landmark entry sculpture and authorizing the Executive Director to modify the existing agreement with Webcor/Obayashi to manage, assemble and install the sculpture and dedicated foundation system consistent with the artist’s design for a total amount not to exceed $1,150,000. 

9.  Authorizing the Executive Director to execute Contract Modification No. 2 to Agreement No. 08-08-DM-000 with Evans Brothers Inc. for additional construction services required as part of the Existing Terminal Building & Ramps Demolition, increasing the contract by $945,700, for a total contract sum of $13,693,340, and increasing the contract duration by 28 calendar days, for a total contract duration of 326 calendar days.

10. Authorizing the Executive Director to execute an agreement with Nancy Whelan Consulting for Financial Consulting Services in the amount of $4,284,920 and for a period of five years.

11. Approving an Amendment to Contract No. 08-04-CMGC-000, authorizing Webcor/Obayashi Joint Venture to award a Trade Subcontract to M. Squared Construction Incorporated as the responsible bidder submitting the lowest responsive bid in the amount of $1,842,000 for TG04.6: Main, Beale, Howard, and Mission Streets: sewer and sludge systems, and thereby increasing authorized Direct Costs under Contract No. 08-04-CMGC-000 by $1,842,000 and increasing the authorized Construction Services Fee by $151,044.

12. Approving an Amendment to Contract No. 08-04-CMGC-000, authorizing Webcor/Obayashi Joint Venture to execute a Subcontract Agreement for On-Call Survey & Control Services with Chaudhary & Associates, for three years and compensation of $1,250,000, and thereby increasing authorized Direct Costs under Contract No. 08-04-CMGC-000 by $1,250,000 and increasing the authorized Construction Services Fee by $102,500 for the initial survey subcontract.

13. Authorizing the Executive Director to execute an agreement with Singer Associates for public relations support and community outreach services at a cost not to exceed $900,000 and for a term of five years.

14. Approving the recommended applicants to the Transbay Joint Powers Authority Citizens Advisory Committee.

15. Authorizing the Executive Director to execute a Temporary Easement Agreement with PG&E, authorizing PG&E to install, maintain and remove electrical and natural gas facilities through TJPA-owned parcels N and N’ at no cost to the TJPA.

 RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

 CLOSED SESSION

1.  Call to Order

2.  Roll Call

3.  CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8)

(3.1)  Property:  85 Natoma Street #7 (Block 3721, Lot 115)

TJPA Negotiators:  Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel

Negotiating parties:  TJPA; Fereshteh Noory, and Nader Heydayian and Hamideh Nouri, co-trustees of the 2005 Heydayian/Nouri Family Trust

Under negotiation:  Price and terms of payment for TJPA’s acquisition of property interest in 85 Natoma Street #7

(3.2)  Property:  90 Natoma Street (Block 3721, Lot 047)

TJPA Negotiators:  Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel

Negotiating parties:  TJPA; CBTW, LP; CBTW, LLC; Colin O’Malley; John Giuffre; John Colins Lounge

Under negotiation:  Price and terms of payment for TJPA’s acquisition of property interest in 90 Natoma Street, including compensation for loss of business goodwill under California Code of Civil Procedure Section 1263.510

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING

16.  Announcement of Closed Session.

ADJOURN

The Ethics Commission of the City and County of San Francisco has asked us to remind individuals that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [Campaign and Gov't Conduct Code, Article II, Chapter 1, § 2.100, et seq.] to register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102, telephone (415) 252-3100, fax (415) 252-3124 and web site: www.sfethics.org.