CITY OF OAKLAND BOARD OF PORT COMMISSIONERSPermanent Employees on Temporary Assignment (PETA)...

January 4, 2011Item No.: Off CalendarMH/kk

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

RESOLUTION APPROVING AND AUTHORIZINGEXCECUTION OF A SETTLEMENT AND RELEASEAGREEMENT WITH PETER C. LEE.

RESOLVED that the Board of Port Commissioners (“Board”)hereby approves and authorizes the Executive Director to execute forand on behalf of the Board a Settlement and Release Agreement withPeter C. Lee; and be it

FURTHER RESOLVED that this resolution is not evidence of anddoes not create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisresolution approves and authorizes the execution of a settlementagreement in accordance with the terms of this resolution. Unless anduntil a separate written settlement agreement is duly executed on behalfof the Board as authorized by this resolution, is signed as approved asto form and legality by the Port Attorney, and is delivered to the othercontracting parties, there shall be no valid or effective settlementagreement.

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RESOLUTION NO. 11-1

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At the regular meeting held on January 4, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, Katzoff, Uno, and President Head - 6 Excused: Commissioner Lighty - 1 Noes: 0


RESOLUTION APPROVING THE APPOINTMENTOF DIRECTOR OF ADMINISTRATION.

WHEREAS the Board has reviewed and evaluated the Agenda Reportdated January 4, 2011, Item 6.1 (“Agenda Report”) and relatedmaterials, has received the expert testimony of Port staff, and hasprovided opportunities for and taken public comment; and

RESOLVED that based upon the information contained in the AgendaReport, the Board of Port Commissioners (“Board”) hereby approves theappointment of Director of Administration; and be it

FURTHER RESOLVED that in acting upon the matters containedherein, the Board has exercised its independent judgment based onsubstantial evidence in the record and adopts and relies upon thefacts, data, analysis, and findings set forth in the Agenda Report andin related materials and in testimony received.

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RESOLUTION NO. 11-2

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42BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

RESOLUTION APPROVING THE APPOINTMENT

OF DIRECTOR OF EXTERNAL AFFAIRS.


RESOLVED that based upon the information contained in the AgendaReport, the Board of Port Commissioners (“Board”) hereby approves theappointment of Director of External Affairs; and be it


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RESOLUTION NO. 11-3

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RESOLUTION APPROVING THE APPOINTMENTOF LABOR ADVISOR.


RESOLVED that based upon the information contained in the AgendaReport, the Board of Port Commissioners (“Board”) hereby approves theappointment of Labor Advisor; and be it


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RESOLUTION NO. 11-4

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RESOLUTION APPROVING AND RATIFYING EMPLOYEE’S

PARTICIPATION IN THE PERMANENT EMPLOYEES ON TEMPORARY

ASSIGNMENT (PETA) PROGRAM.

WHEREAS the Board has reviewed and evaluated the Agenda Report

dated January 4, 2011, Item 6.4 (“Agenda Report”) and relatedmaterials, has received the expert testimony of Port staff, and has

provided opportunities for and taken public comment; and

RESOLVED that the Board of Port Commissioners (“Board”) hereby

approves and ratifies the participation of Employee No. 332619 in thePermanent Employees on Temporary Assignment (PETA) Program, effectiveJanuary 5, 2011 through January 4, 2012, and as more fully described in

the Agenda Report; and be it

FURTHER RESOLVED that in acting upon the matters contained

herein, the Board has exercised its independent judgment based on

substantial evidence in the record and adopts and relies upon the

facts, data, analysis, and findings set forth in the Agenda Report and

in related materials and in testimony received.

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RESOLUTION NO. 11-5

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January 4, 2010Item No.:JS/Ihr

and

way of resolution or motion; and be it

RESOLUTION ADOPTING A SCHEDULE FOR REGULARMEETINGS OF THE BOARD OF PORT COMMISSIONERS FORCALENDAR YEAR 2011.

WHEREAS, Article II of the By—Laws and Administrative Rules forthe Board of Port Commissioners (By—Laws) and Rule V(C) of the Rules forPublic Participation at Meetings of the Board of Port Commissioners andStanding Committees (Rules) specify that the Board of Port Commissioners(Board) shall establish a regular meeting schedule for Board meetings;

WHEREAS, under the By-Laws and the Rules, such schedule shall beamended from time to time over the course of the year, as deemedappropriate by the Board or its Presiding Officer; and

WHEREAS, if an earlier start time is deemed appropriate anddesirable for an upcoming regular meeting to accommodate anticipatedadditional public speakers or to provide for longer deliberation on thepublic record, it has been the policy and the practice of the Board toamend the regular meeting schedule in advance to include such earlierstart time, subject to ten—day public notice, rather than to declare a“special meeting” subject only to two-day public notice, to maximizepublic notice and public participation; and

WHEREAS, the Ralph M. Brown Act (California Government CodeSection 54950 et seq.) permits the Board to determine and adjust thedates and times of the Board’s regular meetings, from time to time, by

RESOLVED, that the Board’s regular meetings for calendar year2011 shall be held in the Board Room of the Port of Oakland Building,530 Water Street, in the City of Oakland at 2:00 p.m. on the followingdays:

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RESOLUTION NO. 11-6

January 4, 2011January 18, 2011February 1, 2011February 15, 2011March 1, 2011March 15, 2011March 29, 2011April 12, 2011April 26, 2011May 10, 2011May 24, 2011June 7, 2011June 21, 2011July 5, 2011July 19, 2011August: RecessSeptember 13, 2011September 27, 2011October 11, 2011October 25, 2011November 9, 2011November 22, 2011December 6, 2011December 20, 2011; and be it

FURTHER RESOLVED, that meetings of the Board called for a time orplace other than such regular meetings shall be either special oremergency meetings; and be it

FURTHER RESOLVED, that the Board shall modify this meetingschedule, as appropriate from time to time, by action of the Board;and be it

FURTHER RESOLVED, that, where practicable, if an earlier starttime is deemed appropriate and desirable for an upcoming regular meetingto accommodate anticipated additional public speakers or to provide forlonger deliberation on the public record, the Board or Presiding Officershall amend the regular meeting schedule in advance to include suchearlier start time, subject to ten—day public notice, rather than todeclare a “special meeting” subject only to two—day public notice, tomaximize public notice and public participation.

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January 4, 2011Item No.: Off CalendarMH/kk

/‘/+


RESOLUTION APPROVING AND AUTHORIZING

EXCECUTION OF A SETTLEMENT AGREEMENT AND

RELEASE OF ALL CLAIMS, INCLUDING UNKNOWN

AND FUTURE CLAIMS WITH TIMOTHY VEST.

RESOLVED that the Board of Port Commissioners (“Board”)

hereby approves and authorizes the Executive Director to execute forand on behalf of the Board a Settlement Agreement And Release Of All

Claims, Including Unknown And Future Claims with Timothy Vest; and be

it

FURTHER RESOLVED that this resolution is not evidence of and

does not create or constitute (a) a contract, or the grant of any right,

entitlement or property interest, or (b) any obligation or liability on

the part of the Board or any officer or employee of the Board. This

resolution approves and authorizes the execution of a settlement

agreement in accordance with the terms of this resolution. Unless and

until a separate written settlement agreement is duly executed on behalf

of the Board as authorized by this resolution, is signed as approved as

to form and legality by the Port Attorney, and is delivered to the other

contracting parties, there shall be no valid or effective settlement

agreement.

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RESOLUTION NO. 11-7

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January 18, 2011Item No.: 6.1MR/jev


RESOLUTION AUTHORIZING COMPLETION OF DESIGN ANDENVIRONMENTAL PERMITTING FOR THE REPLACEMENT OFPUMP HOUSE NO.6 PROJECT; APPROVING ADDITIONAL BUDGET

IN THE AMOUNT OF $482,000; AUTHORIZING SUPPLEMENTAL

AGREEMENTS WITH WITH KIMLEY-HORN AND ASSOCIATES, INC.

AND CH2M HILL AND FINDING AND DETERMINING THAT SUCH

CONSULTING SERVICES CONSTITUTES PROFESSIONAL,

TECHNICAL AND SPECIALIZED SERVICES THAT ARE TEMPORARY

IN NATURE.

WHEREAS the Board of Port Commissioners (herein the “Board”) has reviewed and evaluated

the Board Agenda Report Item No. 6.1, dated January 18, 2011 (herein the “Agenda Report”) and

related agenda materials, has received the expert testimony of Port staff, and has provided opportunities

for and taken public comment; and be it

WHEREAS the Board has reviewed and evaluated the Agenda Report and related agenda

materials, has received the expert testimony of Port staff, and has provided opportunities for and taken

public comment; and be it

RESOLVED that in acting upon this matter, the Board has exercised its independent judgment

based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and

findings set forth in the Agenda Report and in related agenda materials and in testimony received; and be

It

FURTHER RESOLVED that this work shall not be subject to the provisions of the Port of

Oakland Maritime and Aviation Project Labor Agreement (“MAPLA”); and be it

FURTHER RESOLVED that the Board of Port Commissioners hereby authorizes completion of

the design and environmental permitting for the Replacement of Pump House No. 6 Project and approves

additional budget in the amount of $482,000 to the existing on-call contracts with CH2M HILL AND

KIMLEY-HORN AND ASSOCIATES, INC., all as set forth and described in Agenda Report No. 6. I,

dated January 18, 2011 meeting of the Board of Port Commissioners; and be it

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RESOLUTION NO. 11-8

FURTHER RESOLVED it is desirable at this time to further amend said Agreements to authorizethe Executive Director of the Port to approve additional work under said Agreements as set forth in the BoardAgenda Report, and additional compensation for such work; and be it

FURTHER RESOLVED that the Board hereby finds and determines that the proposedSupplemental Agreements with CH2M HILL AND KIMLEY-HORN AND ASSOCIATES, INC., willconstitute agreements for obtaining professional, technical and specialized services that are temporary in

nature and that it is in the best interest of the Port to secure such services without competitive bidding; and be

it

FURTHER RESOLVED that the Board hereby approves and authorizes the execution for and on

behalf of the Board of said Supplemental Agreements, upon terms and conditions consistent with the AgendaSheet and providing that CH2M HILL AND KIMLEY-HORN AND ASSOCIATES, INC., shaH becompensated for such services including costs of miscellaneous reimbursable expenses at a combinedmaximum compensation that shall not exceed an additional $482,000; and be it

FURTHER RESOLVED that this resolution is not evidence of and does not create or constitute (a)

a contract, or the grant of any right, entitlement or property interest, or (b) any obligation or liability on thepart of the Board or any officer or employee of the Board. This resolution approves and authorizes the

execution of an agreement in accordance with the terms of this resolution. Unless and until a separate writtenagreement is duly executed on behalf of the Board as authorized by this resolution, is signed as approved as

to form and legality by the Port Attorney, and is delivered to other contracting party, there shall be no valid oreffective agreement.

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At the regular meeting held on January 18, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Lighty, and President Calloway - 4 Excused: Commissioners Katzoff, Uno and President Head - 3 Noes: 0


I 01/18/11I Tab 6.1MCR/arg

RESOLUTION APPROVING AND AUTHORIZING THE REMAINING

PROJECT BUDGET OF $3,248,000 FOR THE REPLACEMENT OF

PUMP HOUSE NO. 4; AUTHORIZING THE DIRECTOR OF

ENGINEERING TO APPROVE PLANS AND PROJECT MANUAL;

CALLING FOR BIDS THEREFOR; AND AUTHORIZING THE

EXECUTIVE DIRECTOR TO AWARD A CONTRACT TO THE LOt’EST

RESPONSIBLE RESPONSIVE BIDDER IN AN AMOUNT NOT TO

EXCEED $2,200,000.

WHEREAS the Board of Port Commissioners (“Board”) has reviewed and

evaluated agenda materials, has received the expert testimony of Port

staff, and has provided opportunities for and taken public comment; now,

therefore be it

RESOLVED that in acting upon this matter, the Board has exercised

its independent judgment based on substantial evidence in the record and

adopts and relies upon the facts, data, analysis, and findings set forth

in Agenda Report Tab No. 6.1 (the “Agenda Report”), dated January 18,

2011, and in related agenda materials and in testimony received; and be

it

FURTHER RESOLVED that based upon the information contained in the

Agenda Report, the Board hereby finds and determines that it is in the

best interest of the Port to approve and authorize the remaining project

budget for fiscal year 2010-11, for Replacement of Pump Station No. 4,

South Field, Oakland International Airport, Oakland, California in a

total aggregate amount not to exceed $3,248,000; and be it

FURTHER RESOLVED that the Board of Port Commissioners (herein

“Board”) hereby finds and determines that the development and use

provided for in the project manual and the subsequent use of the

development approved by this resolution are in conformity with the

General Plan of the City; and be it

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RESOLUTION NO. 11-9

FURTHER RESOLVED that the Director of Engineering or his designee

is authorized to approve the plans and specifications for Replacement of

Pump Station No. 4, South Field, Oakland International Airport, Oakland,

California in advance of construction, pursuant to Government Code

Section 830.6; and be it

FURTHER RESOLVED that the Secretary of the Board is hereby

authorized to advertise for four consecutive days in the official

newspaper of the City of Oakland for sealed bids for the project not

less than ten calendar days prior to the date set for receiving said

bids; and be it

FURTHER RESOLVED that the provisions of the Maritime and Aviation

Project Labor Agreement (“MAPLA”) apply to this project; and be it,

FURTHER RESOLVED that the Board hereby approves and authorizes

the Executive Director to award a contract to the lowest responsible

responsive bidder, based upon the receipt of formal sealed bids, in an

amount not to exceed $2,200,000, for Replacement of Pump Station No. 4,

South Field, Oakland International Airport, Oakland, California, upon

terms and conditions consistent with said Agenda Report, provided,

that if the lowest responsible responsive bid exceeds the estimated

budgeted amount, Staff will return to the Board for award of the

contract; and be it


Agenda Report the Board hereby authorizes the rejection of all other

bids received for Replacement of Pump Station No. 4, South Field,

Oakland International Airport, Oakland, California, and directs that

securities accompanying said bids shall be returned to the respective

bidders; and be it

FURTHER RESOLVED that the Board hereby finds and determines that

this project is categorically exempt from the California Environmental

Quality Act (CEQA) and Port CEQA Guidelines pursuant to Section 15302,

Replacement or Reconstruction, which exempts the reconstruction of

existing structures and facilities where the new structure will be

located on the same site as the structure replaced and will have

substantially the same purpose and capacity; and be it

FURTHER RESOLVED that pursuant to Port Ordinance 1606, Section 22,

the Board finds and determines it to be in the Port’s best interest to

delegate to the Executive Director, and hereby delegates to the

Executive Director, the authority to finally resolve bid protests in

connection with this project; and be it

FURTHER RESOLVED that a bond for the faithful performance of the

work, and a bond to guarantee the payment of all claims for labor and

materials furnished and for amounts due under the Unemployment Insurance

Code, each in the amount of one hundred percent (100%) of the contract

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price shall be provided by the Contractor as prescribed by applicable

laws and regulations and the contract specifications; and be it

FURTHER RESOLVED that the procedure prescribed by applicable laws,

regulations and the contract specifications shall be taken for the

execution of said contract; and be it

FURTHER RESOLVED that this resolution is not evidence of and does

not create or constitute (a) a contract, or the grant of any right,

entitlement or property interest, or (b) any obligation or liability

on the part of the Board or any officer or employee of the Board.

This resolution approves and authorizes the execution of a grant


until a separate written grant agreement is duly executed on behalf of

the Board as authorized by this resolution, is signed and approved as

to form and legality by the Port Attorney, and is delivered to other

contracting party, there shall be no valid or effective grant

agreement.

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it

January 18, 2011Item No. 6.2MR/jev


RESOLUTION FINDING AND DETERMINING THAT A PROPOSED

FIFTH SUPPLENENTAL AGREEMENT WITH URS CORPORATION

AMERICAS AT A MAXIMUM COMPENSATION OF $250,000 FOR

CONSULTING SERVICES CONSTITUTES PROFESSIONAL,

TECHNICAL AND SPECIALIZED SERVICES THAT ARE TEMPORARY

IN NATURE, WAIVING COMPETITIVE BIDDING AND AUTHORIZING

EXECUTION OF SAID SUPPLEMENTAL AGREEMENT.

WHEREAS by Resolution No. 07006, adopted by the Board of Port

Commissioners (the “Board”) on April 2, 2007 and as amended by supplemental

agreements, the Board authorized an Agreement with URS CORPORATION AMERICAS,

for consulting services with respect to RSA Environmental Assessment and

Design - Phase B; and

WHEREAS it is desirable at this time to further amend said

Agreement to authorize the Executive Director of the Port to approve addi

tional work under said Agreement as set forth in the Board Agenda Report Item

No. 6.2, dated January 18, 2011 (herein the “Agenda Sheet”), and additional

compensation for such work; and


and related agenda materials, has received the expert testimony of Port

staff, and has provided opportunities for and taken public comment; and be

RESOLVED that in acting upon this matter, the Board has

exercised its independent judgment based on substantial evidence in the

record and adopts and relies upon the facts, data, analysis, and findings

set forth in the Agenda Report and in related agenda materials and in

testimony received; and be it

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RESOLUTION NO. 11-10

RESOLVED that the Board hereby finds and determines that the

proposed Fifth Supplemental Agreement with URS CORPORATION AMERICAS will

constitute an agreement for obtaining professional, technical and specialized

services that are temporary in nature and that it is in the best interest of

the Port to secure such services from URS CORPORATION NERICAS without

competitive bidding; and be it

FURTHER RESOLVED that the Board hereby approves and authorizes the

execution for and on behalf of the Board of said Fifth Supplemental

Agreement, upon terms and conditions consistent with the Agenda Sheet and

providing that URS CORPORATION AMERICAS shall be compensated for such

services including costs of miscellaneous reimbursable expenses at a maximum

compensation that shall not exceed an additional $250,000; and be it



entitlement or property interest, or (b) any obligation or liability on the

part of the Board or any officer or employee of the Board. This resolution

approves and authorizes the execution of an agreement in accordance with the

terms of this resolution. Unless and until a separate written agreement is

duly executed on behalf of the Board as authorized by this resolution, is

signed as approved as to form and legality by the Port Attorney, and is

delivered to other contracting party, there shall be no valid or effective

agreement.

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01/18/11

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RESOLUTION APPROVING SUBMITTAL OF SIX (6) GRANT

APPLICATION(S) TO FEDERAL AVIATION ADMINISTRATION

UNDER THE AIRPORT IMPROVENENT PROGRAM, AND AUTHORIZING

THE EXECUTIVE DIRECTOR TO ACCEPT SAID GRANT OFFER(S).

HEREAS the Board of Port Commissioners (“Board”) has

reviewed and evaluated agenda materials, has received the expert

testimony of Port staff, and has provided opportunities for and taken

public comment; now, therefore be it



record and adopts and relies upon the facts, data, analysis, and

findings set forth in Agenda Report Tab No. 6.2 (“Agenda Report”), dated

January 18, 2011, and in related agenda materials and in testimony

received; and be it

FURTHER RESOLVED that the Board hereby finds and determines

it is in the best interest of the Port to approve the submittal of the

grant application(s) to the Federal Aviation Administration for six

projects: 1) Design Air Traffic Control Tower (ATCT) Airfield

Lighting Control Panel; 2) Reconstruction of Apron Between Hangars 1

and 2; 3) Taxiways W and U Pavement Improvement Program; 4) Aircraft

Rescue and Firefighting (ARFF) Vehicle Replacement; 5) Runway Safety

Area (RSA) Environmental Assessment and Design — Phase B; and 6)

Update Airport Pavement Management System (APMS), in the aggregate

amount of $6,000,000, and be it

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FURTHER RESOLVED that the Board hereby authorizes and

directs the Executive Director to accept grant(s) on behalf of said

Board, and to execute and submit all documents which may be necessary

or convenient to complete said application(s), in accordance with the

Agenda Report, and the Secretary is hereby authorized and directed to

attest to the execution such grant application(s), if deemed

necessary, when said Grant Offers are released by the Federal Aviation

Administration up to the amount of $6,000,000, based upon the terms

and conditions contained in the “Terms and Conditions of Accepting

Airport Improvement Program Grants” signed on July 5, 2007.

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I 01/18/11I Tab6.2 —:----‘

MCR/ar”

RESOLUTION AUTHORIZING THE DIRECTOR OF ENGINEERING TO

APPROVE PLANS AND PROJECT MANUAL FOR RECONSTRUCTION OF

APRON BETWEEN HANGARS 1 AND 2, SOUTH FIELD, OAKLAND

INTERNATIONAL AIRPORT; CALLING FOR BIDS THEREFORE;

AUTHORIZING THE EXECUTIVE DIRECTOR TO AWARD A CONTRACT

TO THE LOWEST RESPONSIBLE, RESPONSIVE BIDDER, SUBJECT

TO RECEIPT OF FEDERAL AVIATION ADMINISTRATION (“FAA”)

GRANT FUNDING, IN AN AMOUNT NOT TO EXCEED $400,000.

WHEREAS the Board has reviewed and evaluated agenda materials, has

received the expert testimony of Port staff, and has provided

opportunities for and taken public comment; now, therefore be it




in Agenda Report Tab No. 6.2, dated January 18, 2011, and in related

agenda materials and in testimony received; and be it







is authorized to approve the plans and project manual for Reconstruction

of Apron Between Hangars 1 and 2, South Field, Oakland International

Airport, Oakland, California AlP 3-06-0170 (Future) in advance of

construction, pursuant to Government Code Section 830.6; and be it

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bids; and be it

FURTHER RESOLVED the provisions of the Maritime and Aviation

Project Labor Agreement (MAPLA) do not apply to this project; and be

it,


the Executive Director to award a contract to the lowest responsible,

responsive bidder, based upon the receipt of formal sealed bids, for

Reconstruction of Apron Between Hangars 1 and 2, South Field, Oakland

International Airport, Oakland, California AlP 3-06-0170 (Future), in an

amount not to exceed $400,000, subject to receipt of the FAA grant

funding, provided, that if the lowest responsible responsive bid exceeds

the estimated budgeted amount, Staff will return to the Board for award

of the contract,; and be it



bids received for Reconstruction of Apron Between Hangars 1 and 2, South

Field, Oakland International Airport, Oakland, California AlP 3-06-0170

(Future), and directs that securities accompanying said bids shall be

returned to the respective bidders; and be it



Quality Act (CEQA) and Port CEQA Guidelines pursuant to Section 15302,

Replacement or Reconstruction, which exempts the reconstruction of

existing structures and facilities where the new structure will be

located on the same site as the structure replaced and will have

substantially the same purpose and capacity; and be it












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agreement.

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01/18/11

1L


RESOLUTION APPROVING AND AUTHORIZING THE PROJECT BUDGETOF $1,150,000 FOR THE PROCUREMENT OF AN AIRPORT RESCUEAND FIRE FIGHTING (“ARFF”) REPLACEMENT VEHICLE;AUTHORIZING THE DIRECTOR OF ENGINEERING TO APPROVE

PLANS AND PROJECT MANUAL; CALLING FOR BIDS THEREFORE;

AUTHORIZING THE EXECUTIVE DIRECTOR TO AWARD A CONTRACT

TO THE LOWEST RESPONSIBLE, RESPONSIVE BIDDER, SUBJECT

TO RECEIPT OF FEDERAL AVIATION ADMINISTRATION (“FAA”)

GRANT FUNDING, IN AN AMOUNT NOT TO EXCEED $920,000; AND

DECLARING THE 1996 ARFF VEHICLE AS SURPLUS.







in Agenda Report Tab No. 6.2, dated January 18, 2011, and in related




best interest of the Port to approve a budget authorization for fiscalyear 2010-li, for Procurement of an Aircraft Rescue and Fire Fighting

Vehicle, Oakland International Airport, Oakland, California, AlP 3-06-0170—(Future) in a total aggregate amount not to exceed $1,150,000; and

be it

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is authorized to approve the plans and project manual for Procurement of

Aircraft Rescue and Fire Fighting Vehicle, Oakland International

Airport, Oakland, California, MP 3-06-0170-(Future) in advance of






bids; and be it

FURTHER RESOLVED that the contract does not involve construction

type work, and therefore will not be covered by the provisions of the

Maritime and Aviation Project Labor Agreement (MAPLA); and be it




Aircraft Rescue and Fire Fighting Vehicle, Oakland International

Airport, Oakland, California, AlP 3-06-0170-(Future) in an amount not

to exceed $920,000, subject to receipt of the FAA grant funding,

provided, that if the lowest responsible responsive bid exceeds the

estimated budgeted amount, Staff will return to the Board for award of

the contract; and be it;



bids received for Aircraft Rescue and Fire Fighting Vehicle, Oakland

International Airport, Oakland, California, AlP 3-06-0170- (Future), and

directs that securities accompanying said bids shall be returned to

the respective bidders; and be it


this project is categorically exempt from requirements of the

California Environmental Quality Act (CEQA) and Port CEQA Guidelines

pursuant to Section 15061(b) (3) as it can be seen with certainty that

there is no possibility that authorizing the procurement of the ARFF

vehicles requires environmental review; and be it






FURTHER RESOLVED that that certain vehicle described in the

Agenda Report are inadequate, obsolete or worn out within the meaning

of Section 12 of Port Ordinance No. 1606 and Section 5.13(a) of the

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Master Trust Indenture by and between the Port and First Trust ofCalifornia, as Trustee; and be it

FURTHER RESOLVED that the Executive Director is hereby authorized

to dispose of such surplus vehicle and equipment by public auction,dealer auction, recycling or donation to non—profit organizations uponacceptance of the new ARFF vehicle, as recommended by the PortPurchasing Manager; and be it


to execute all appropriate documents necessary to transfer title ofthe vehicles subject to the conditions stipulated as fully describedin the Agenda Report; and be it

FURTHER RESOLVED that the Executive Director be and he is hereby

authorized to execute any necessary Bill of Sale in connection

therewith; and be it


not create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liability on


resolution approves and authorizes the execution of a contract in

accordance with the terms of this resolution. Unless and until aseparate written contract is duly executed on behalf of the Board asauthorized by this resolution, is signed as approved as to form andlegality by the Port Attorney, and is delivered to other contractingparty, there shall be no valid or effective contract.

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I 01/18/11I Tab 6.2

RESOLUTION APPROVING AND AUTHORIZING THE PROJECT BUDGETOF $3,370,000 FOR TAXIWAYS W AND U PAVEMENT IMPROVEMENTPROGRAM, SOUTH FIELD, OAKLAND INTERNATIONAL AIRPORT;AUTHORIZING THE DIRECTOR OF ENGINEERING TO APPROVEPLANS AND PROJECT MANUAL; CALLING FOR BIDS THEREFORE;AUTHORIZING THE EXECUTIVE DIRECTOR TO AWARD A CONTRACTTO THE LOWEST RESPONSIBLE, RESPONSIVE BIDDER, SUBJECTTO RECEIPT OF FEDERAL AVIATION ADMINISTRATION (“FAA”)GRANT FUNDING, IN AN AMOUNT NOT TO EXCEED $2,300,000.

WHEREAS the Board has reviewed and evaluated agenda materials, hasreceived the expert testimony of Port staff, and has providedopportunities for and taken public comment; now, therefore be it

RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab No. 6.2, dated January 18, 2011, and in relatedagenda materials and in testimony received; and be it

FURTHER RESOLVED that the Board of Port Commissioners (herein“Board”) hereby finds and determines that the development and useprovided for in the project manual and the subsequent use of thedevelopment approved by this resolution are in conformity with theGeneral Plan of the City; and be it

FURTHER RESOLVED that based upon the information contained in theAgenda Report, the Board hereby finds and determines that it is in thebest interest of the Port to approve a budget authorization for fiscalyear 20 10-11, for Taxiways W and U Pavement Improvement Program, SouthField, Oakland International Airport, Oakland, California AlP 3-06-0170

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(Future) in a total aggregate amount not to exceed $3,370,000) and be

itFURTHER RESOLVED that the Director of Engineering or his designee

is authorized to approve the plans and project manual for Taxiways W and

U Pavement Improvement Program, South Field, Oakland International

Airport, Oakland, California AlP 3-06-0170 (Future) in advance of






bids; and be it

FURTHER RESOLVED the provisions of the Maritime and Aviation

Project Labor Agreement (MAPLA) do not apply to this project; and be

it,




Taxiways W and U Pavement Improvement Program, South Field, Oakland

International Airport, Oakland, California AlP 3-06-0170 (Future), in an

amount not to exceed $2,300,000, subject to receipt of the FAA grant

funding, provided, that if the lowest responsible responsive bid

exceeds the estimated budgeted amount, Staff will return to the Board

for award of the contract; and be it



bids received for Taxiways W and U Pavement Improvement Program, South

Field, Oakland International Airport, Oakland, California AlP 3-06-0170

(Future), and directs that securities accompanying said bids shall be

returned to the respective bidders; and be it



Quality Act (CEQA) and Port CEQA Guidelines pursuant to Section 15301

(d), Existing Facilities, which addresses repair, maintenance or minor

alteration of existing public or private structures, facilities,

mechanical equipment, or topographical features, involving negligible

or no expansion of sue beyond that existing at the time of lead

agency’s determination, and Section 15302 (c), Replacement or

Reconstruction, which addresses replacement or reconstruction of

existing utility systems and/or facilities involving negligible or no

expansion of capacity; and be it




260475.vl

Executive Director, the authority to finally resolve bid protests inconnection with this project; and be it

FURTHER RESOLVED that a bond for the faithful performance of thework, and a bond to guarantee the payment of all claims for labor andmaterials furnished and for amounts due under the Unemployment InsuranceCode, each in the amount of one hundred percent (100%) of the contractprice shall be provided by the Contractor as prescribed by applicablelaws and regulations and the contract specifications; and be it

FURTHER RESOLVED that the procedure prescribed by applicable laws,regulations and the contract specifications shall be taken for theexecution of said contract; and be it

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board.This resolution approves and authorizes the execution of a grantagreement in accordance with the terms of this resolution. Unless anduntil a separate written grant agreement is duly executed on behalf ofthe Board as authorized by this resolution, is signed and approved asto form and legality by the Port Attorney, and is delivered to othercontracting party, there shall be no valid or effective grantagreement.

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02/1/11Item: 3.4

MC


RESOLUTION FINDING AND DETERMINING THAT IT

IS IN THE BEST INTEREST OF THE PORT TO

WAIVE COMPETITIVE BIDDING AND TO ESTABLISH

OPEN ACCOUNT AGREEMENTS FOR FISCAL YEAR

2010-2011 AND AUTHORIZING THE EXECUTIVE

DIRECTOR TO EXECUTE PROCUREMENT CONTRACTS

AND RE-ALLOCATE AMOUNTS AS NECESSARY IN AN

AGGREGATE AMOUNT NOT TO EXCEED $4,410,000.

WHEREAS the Board of Port Commissioners (“Board”) has

reviewed and evaluated the Agenda Report Item 3.4 dated February 1,

2011 (herein “Agenda Report”) and related agenda materials, has


opportunities for and taken public comment;

FURTHER RESOLVED that in acting upon this matter, the Board

has exercised its independent judgment based on substantial evidence

in the record and adopts and relies upon the facts, data, analysis,

and findings set forth in the Agenda Sheet, and in related agenda

materials and in testimony received; and be it

FURTHER RESOLVED that Board hereby authorizes the Executive

Director to establish open account agreements with vendors listed in

the Agenda Report, upon terms and conditions satisfactory to the Port

Attorney, in an aggregate amount not to exceed $4,410,000, without

competitive bidding and that said competitive bidding is hereby

waived; and be it

FURTHER RESOLVED that the Board hereby finds and

determines that approval and execution of the proposed agreements with

vendors are in the public interest for reasons of economy or better

performance and will constitute agreements for obtaining professional,

technical and specialized services that are temporary in nature and

that it is in the best interest of the Port to secure such services

from vendors without standard bidding and standard competitive bidding

procedures are waived; and be it

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FURTHER RESOLVED that the Board finds and determines that

it is in the best interest of the Port to authorize the Executive

Director to further re—allocate as necessary the open market

procurement authorization among the requested vendors, in a total

aggregate amount not to exceed $4,410,000, to meet operational

contingencies; arid be it

FURTHER RESOLVED that this resolution is not evidence of

and does not create or constitute (a) a contract, or the grant of any

right, entitlement or property interest, or (b) any obligation or

liability on the part of the Board or any officer or employee of the

Board. This resolution approves and authorizes the execution of an

agreement(s) in accordance with the terms of this resolution. Unless

and until a separate written agreement(s) is duly executed on behalf

of the Board as authorized by this resolution, is signed and approved

as to form and legality by the Port Attorney, and is delivered to the

other contracting parties, there shall be no valid or effective

agreement(s)

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At the regular meeting held on February 1, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, Katzoff, Lighty, Uno, and President Head - 7 Noes: 0

I 02/1/11I Tab 6.1MCMhr


RESOLUTION RATIFYING THE ACCEPTANCE OF A GRANT FROMCOULOMB TECHNOLOGIES BY THE EXECUTIVE DIRECTOR FORELECTRIC VEHICLE CHARGING STATIONS FOR THE OAKLANDINTERNATIONAL AIRPORT FOR $45,000 IN GRANT FEES AND$80,000 IN MATCHING FUNDS.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated agenda materials, has received the experttestimony of Port staff, and has provided opportunities for and takenpublic comment; now, therefore be it

RESOLVED that in acting upon this matter, the Board hasexercised its independent judgment based on substantial evidence in therecord and adopts and relies upon the facts, data, analysis, andfindings set forth in Agenda Report Tab 6.1 (“Agenda Report”), datedFebruary 1, 2011, and in related agenda materials and in testimonyreceived; and be it

FURTHER RESOLVED that the Board hereby finds and determinesit is in the best interest of the Port to ratify and approve theacceptance of the Coulomb Technologies grant by the ExecutiveDirector, as outlined in the Agenda Report, and authorizes theExecutive Director, or his designee, to execute and submit alldocuments which may be necessary or convenient to complete saidapplication(s) for and on behalf of the Board, in accordance with theAgenda Report, and the Secretary of the Board is hereby authorized anddirected to attest the execution of such grant or grant acceptance, ifdeemed necessary; and be it

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FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of agrant agreement in accordance with the terms of this resolution.Unless and until a separate written grant agreement is duly executedon behalf of the Board as authorized by this resolution, is signed andapproved as to form and legality by the Port Attorney, and isdelivered to other contracting party, there shall be no valid oreffective grant agreement.

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RESOLUTION RATIFYING AND APPROVING SUBMITTAl OFAPPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FORA DIESEL EMISSIONS REDUCTION ACT (DERA) GRANT;AUTHORIZING ACCEPTANCE OF GRANT FUNDING OFFERS; D

AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A SUB-RECIPIENT

AGREEMENT WITH RENTAL CAR COMPANIES, OAK.

WHEREAS the Board of Port Commissioners (“Board”) has reviewed andevaluated agenda materials, has received the expert testimony of Portstaff, and has provided opportunities for and taken public comment; now,therefore be it

RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab 6.2 (“Agenda Report”), dated February 1, 2011, andin related agenda materials and in testimony received; and be it

FURTHER RESOLVED that the Board hereby finds and determines it isin the best interest of the Port to ratify and approve the priorsubmittal of the grant application to the Environmental ProtectionAgency (EPA) for a DERA grant, as outlined in the Agenda Report, andauthorizes the Executive Director, or his designee, to execute andsubmit all documents which may be necessary or convenient to completesaid application for and on behalf of theBoard, in accordance with the Agenda Report, and the Secretary of theBoard is hereby authorized and directed to attest the execution ofsuch grant application; and be it

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FURTHER RESOLVED that the Executive Director is hereby authorizedand directed to accept the Carl Moyer grant on behalf of the Board, ifawarded, in the approximate amount of $1,152,375, and the Secretary ofthe Board is hereby authorized and directed to attest to the executionof the grant or grant acceptance, if deemed necessary, when said GrantOffer is released by the EPA, provided, however, that such grantagreement shall not be binding or enforceable against the Port unlessand until approved in writing as to form and legality by the PortAttorney; and be it

FURTHER RESOLVED that the Board authorizes the Executive Directorto execute a sub-recipient agreement with the rental car companies atOakland International Airport, subject to receipt of the grantfunding, as more fully set forth in the Agenda Report; and be it

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisresolution approves and authorizes the execution of an agreement inaccordance with the terms of this resolution. Unless and until aseparate written agreement is duly executed on behalf of the Board asauthorized by this resolution, is signed as approved as to form andlegality by the Port Attorney, and is delivered to other contractingparty, there shall be no valid or effective agreement.

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2/1/11Item No.: 6.3JS/Ihr

be it


RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AJANITORIAL SERVICE AGREEMENT WITH CROWN BUILDINGMAINTENANCE DBA ABLE BUILDING MAINTENANCE FOR CALENDAR YEAR2011 IN AN AMOUNT NOT TO EXCEED $146,690.08.

WHEREAS the Board of Port Commissioners (herein the “Board”) hasreviewed and evaluated the Board Agenda Report Item No. 6.3, datedFebruary 1, 2011 (herein the “Agenda Report”) and related agendamaterials, has received the expert testimony of Port staff, and hasprovided opportunities for and taken public comment; and be it

RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the recordand adopts and relies upon the facts, data, analysis, and findings setforth in the Agenda Report and in related agenda materials and intestimony received; and be it

FURTHER RESOLVED that the Board of Port Commissioners (“Board”)hereby approves and authorizes the execution for and on behalf of theBoard that certain Service Agreement with CROWN BUILDING MAINTENANCEdba ABLE BUILDING MAINTENANCE, to provide building janitorial servicesfor 530 Water Street and certain other Port—owned assets located inJack London Square, Oakland, California, at the rate proposed and asmore fully set forth in said Agenda Report; and be it

FURTHER RESOLVED that the Board hereby finds and determines thatapproval and execution of this janitorial service agreement is in thepublic interest and for reasons of economy or better performance; and

FURTHER RESOLVED that the Board hereby authorizes and approvespayment of $146,690.08 for the 2011 calendar year, plus a 3%contingency for unforeseen services and annual adjustments due tounion wage and benefit increases including costs of miscellaneousreimbursable expenses for a period of three (3) years and a one (1)year option to extend without additional compensation, as approved inwriting by the Executive Director; and be it

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FURTHER RESOLVED the Board hereby authorizes the ExecutiveDirector to execute said agreement and such other agreements as may benecessary to carry out this resolution, consistent with thisresolution and the Agenda Report and containing such additionalprovisions as shall be reasonably necessary to carry out thisresolution subject to approval by the Port Attorney as to form andlegality; and be it

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board.This resolution approves and authorizes the execution of an agreementin accordance with the terms of this resolution. Unless and until aseparate written agreement is duly executed on behalf of the Board asauthorized by this resolution, is signed and approved as to form andlegality by the Port Attorney, and is delivered to other contractingparty, there shall be no valid or effective agreement.

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2/1/116.4CT:mj


RESOLUTION TERMINATING CERTAIN APPOINTMENT.

WHEREAS the Board has reviewed and evaluated the Agenda Reportdated February 1, 2011, Item 6.4 (“Agenda Report”) and relatedmaterials, has received the expert testimony of Port staff, and hasprovided opportunities for and taken public comment; and

RESOLVED that the appointment of Employee No. 332379 to theposition of Port Equipment Driver, be and the same hereby isterminated, effective the close of work day of February 1, 2011, forcause; and be it






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At the regular meeting held on February 1, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Lighty, Uno, and President Head - 5 Abstained: Commissioners Gordon and Katzoff - 2 Noes: 0

2/15/ 11Item No.: 5.2JS/I hr


RESOLUTION APPROVING BUILDINGREQUESTED BY TRANSPORTATIONADMINISTRATION (“TSA”).

PERMIT

SECURITY

RESOLVED that in reliance upon the representations andcertifications set forth upon and submitted with an application byCITY OF OAKLAND, (“tenant”) for permission to perform certain work atEdgewater Drive and Hegenberger Road, Oakland, California, the Boardof Port Commissioners (“Board”) hereby approves same subject to saidrepresentations and certifications at an estimated cost of $20,000,said work and applicable conditions of Port approval including thefollowing:

1) Installation of air curtain walls at four doors in theticketing area of Terminal 1. The work involvesinstallation of equipment above each exterior roll—updoor to provide an air screen for environmentalcontrol. Work will include related electricalconnections;

and be it

FURTHER RESOLVED that the Board hereby finds and determines thatthis project has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act (CEQA)pursuant to Section 15301(a) and 15303(e); and be it

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RESOLUTION NO. 11-19A

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FURTHER RESOLVED that (a) neither this resolution nor the Board’sapproval of said work (I) is a waiver by the Board of any Port rightor remedy with respect to applicant under any agreement between thePort and the applicant or with respect to any obligation of applicant,or (ii) releases applicant from any obligation with respect to saidwork or with respect to any agreement between the Port and applicantand (b) this resolution is not evidence of and does not create orconstitute (I) a contract, or the grant of any right (other than toperform the work subject to the provisions of this resolution),entitlement or property interest, or (ii) any obligation or liabilityon the part of the Board or any officer or employee of the Board.

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At the regular meeting held on February 15, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, Katzoff, Uno, and President Head - 6 Excused: Commissioner Lighty - 1 Noes: 0

2/15/11Tab 6.1JS/lhr


RESOLUTION APPROVING AND AUTHORIZINGADDITIONAL FUNDING OF $40,600.00 TO BE ADDEDTO THE CURRENT CONTRACT PURCHASE AGREEMENTFOR FUND SUBSCRIPTION SERVICES FOR TOTALFUNDING OF $121,800.00 FOR FY 2010—2011;APPROVING AND AUTHORIZING A WAIVER OFCOMPETITIVE BIDDING AND DELEGATING AUTHORITYTO THE EXECUTIVE DIRECTOR TO NEGOTIATE ANDEXECUTE A PROFESSIONAL SERVICES AGREEMENTWITH PASSUR AEROSPACE, INC. FOR A TOTALAMOUNT NOT TO EXCEED $409,400 AND FOR AMAXIMUM TERM NOT TO EXCEED THREE (3) YEARSFOR A TOTAL AUTHORIZATION AMOUNT NOT TOEXCEED $450,000.00.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated the Agenda Report Item: 6.1, dated February 15,2011 (herein “Agenda Report”) and related agenda materials, hasreceived the expert testimony of Port staff, and has providedopportunities for and taken public comment;

FURTHER RESOLVED that the Board hereby authorizes andapproves additional funding of $40,600.00 to be added to the currentcontract purchase agreement for total funding of $121,800 for FY 2010-2011 for fund subscription services as more fully described in theAgenda Report; and be it

FURTHER RESOLVED that based upon the information containedthe Agenda Report, the Board hereby finds and determines that theproposed agreement with PASSUR AEROSPACE, INC. for airlinedata/reporting integration software services will constitute anagreement for obtaining professional, technical and specializedservices that are temporary in nature and that it is in the bestinterest of the Port to secure such services from PASSUR AEROSPACE,INC. without standard bidding and standard competitive biddingprocedures, and that such be waived, and be it

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FURTHER RESOLVED that the Board hereby approves andauthorizes the Executive Director to negotiate and execute for and onbehalf of the Board said agreement, upon terms and conditionsconsistent with the Agenda Report and providing that PASSUR AEROSPACE,INC. shall be compensated for such services, including costs ofmiscellaneous reimbursable expenses, at a maximum compensation thatshall not exceed $450,000.00; and be

FURTHER RESOLVED that in acting upon this matter, the Boardhas exercised its independent judgment based on substantial evidencein the record and adopts and relies upon the facts, data, analysis,and findings set forth in the Agenda Report and in related agendamaterials and in testimony received;

FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless anduntil a separate written agreement is duly executed on behalf of theBoard as authorized by this resolution, is signed and approved as toform and legality by the Port Attorney, and is delivered to the othercontracting party, there shall be no valid or effective agreement.

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\\ NBOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

February 15, 2011Item No.: 6.MR/jev

RESOLUTION FINDING AND DETERMINING THAT A PROPOSED AGREEiIENTWITH STEPPING OUT STEPPING IN AT A MAXIMUM COMPENSATION OF S60,000FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE, WAIVINGSTANDARD BIDDING PROCEDURES AND AUTHORIZING EXECUTION OFAGREEMENT.

WHEREAS the Board of Port Commissioners (herein the “Board”) has reviewed and evaluated the BoardAgenda Report Item No. 6.2, dated February 15, 2011 (herein the “Agenda Report”) and related agenda materials,has received the expert testimony of Port staff, and has provided opportunities for and taken publiccomment; and be it

WHEREAS the Board has reviewed and evaluated the Agenda Report and related agendamaterials, has received the expert testimony of Port staff, and has provided opportunities for and takenpublic comment; and be it

RESOLVED that in acting upon this matter, the Board has exercised its independent judgmentbased on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and

findings set forth in the Agenda Report and in related agenda materials and in testimony received; and beit

FURTHER RESOLVED that in acting upon this matter, the Board has exercised its independentjudgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis,and findings set forth in the Agenda Report and in related agenda materials and in testimony received;and be it

FURTHER RESOLVED that based upon the information contained the Agenda Report, theBoard hereby finds and determines that the proposed agreement with STEPPING OUT STEPPING IN

for Middle Harbor Shoreline Park Educational Programs and Outreach will constitute an agreementfor obtaining professional, technical and specialized services that are temporary in nature and that it is in

the best interest of the Port to secure such services from STEPPING OUT STEPPING IN withoutstandard bidding and standard competitive bidding procedures are waived and be it

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FURTHER RESOLVED that the Board hereby approves and authorizes the Executive Directorto execute for and on behalf of the Board said agreement, upon terms and conditions consistent with theAgenda Report and providing that STEPPING OUT STEPPING IN shall be compensated for suchservices, including costs of miscellaneous reimbursable expenses, at a maximum compensation that shallnot exceed $60,000 for the period commencing February 16, 2011 and ending February 16, 2012 withtwo (2) one-year options to renew as approved in writing by the Executive Director; and be it

FURTHER RESOLVED that the Board authorize the Executive Director to resolve all protestsin accordance with Port Ordinance No. 1606; and be it

FURTHER RESOLVED that this resolution is not evidence of and does not create or constitute(a) a contract, or the grant of any right, entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board. This resolution approves and authorizesthe execution of an agreement in accordance with the terms of this resolution. Unless and until a separatewritten agreement is duly executed on behalf of the Board as authorized by this resolution, is signed andapproved as to form and legality by the Port Attorney, and is delivered to other contracting party, thereshall be no valid or effective agreement.

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February 15, 2011

(y


RESOLUTION FINDING AND DETERMINING THAT A PROPOSED AGREEMENTFOR COMPREHENSIVE GEOSPATIAL SECURITY MAPPING SERVICES AT AMAXIMUM COMPENSATION OF $1,340,000 FOR CONSULTING SERVICESCONSTITUTES PROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICES THATARE TEMPORARY IN NATURE.

WHEREAS the Board of Port Commissioners (herein the “Board”) has reviewed and evaluated the BoardAgenda Report Item No. 6.3, dated February 15, 2011 (herein the “Agenda Report”) and related agenda materials,has received the expert testimony of Port staff and has provided opportunities for and taken publiccomment; and be it

WHEREAS the Board has reviewed and evaluated the Agenda Report and related agendamaterials, has received the expert testimony of Port staff, and has provided opportunities for and takenpublic comment; and be it

RESOLVED that in acting upon this matter, the Board has exercised its independent judgmentbased on substantial evidence in the record and adopts and relies upon the facts, data, analysis, andfindings set forth in the Agenda Report and in related agenda materials and in testimony received; and beIt


based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, andfindings set forth in the Agenda Report and in related agenda materials and in testimony received; and beit

FURTHER RESOLVED that based upon the information contained the Agenda Report, the

Board hereby finds and determines that the proposed agreement for Comprehensive Geospatial

Security Mapping services will constitute an agreement for obtaining professional, technical andspecialized services that are temporary in nature; and be it

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FURTHER RESOLVED that the Board hereby approves and authorizes the Executive Directorto execute for and on behalf of the Board of an agreement with a consultant selected from a formalcompetitive bidding process to perform such services, upon terms and conditions consistent with theAgenda Report and providing that the selected Consultant shall be compensated for such services,including costs of miscellaneous reimbursable expenses, at a maximum compensation that shall notexceed $1,340,000 for fiscal years 2011 and 2012; and be it


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02/15/11Tab 6.3MCR/ar?

RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TOACCEPT FEDERAL DEPARTMENT OF HOMELAND SECURITY GRANTSFOR TWO CAPITAL PROJECTS i) COMPREHENSIVE GEOSPATIALSECURITY MAPPING, ii) FIBER OPTIC TELECOMMUNICATIONSLINKAGE TO OAKLAND POLICE DEPARTMENT; AUTHORIZINGEXECUTIVE DIRECTOR TO ENTER INTO A SUBGRANTEEAGREEMENT WITH MARINE EXCHANGE; AND AUTHORIZING ADDINGTHE FEDERAL AND STATE PORT SECURITY-GRANT FUNDEDPROJECTS TO THE FY 11 AND FY 12 CAPITAL PROGRAMBUDGETS.


RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab No. 6.3 (“Agenda Report”), dated February 15, 2011,and in related agenda materials and in testimony received; and be it

FURTHER RESOLVED that the Board hereby authorizes and directs theExecutive Director to accept federal port security grant funds fromthe Department of Homeland Security/Office of Grants and Training FY2007 Supplemental Infrastructure Protection Plan, on behalf of saidBoard, and to execute and submit all documents which may be necessaryor convenient to complete said application(s), in accordance with theAgenda Report, and the Secretary of the Board is hereby authorized anddirected to attest to the execution of such grant application(s), if

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deemed necessary, when said Grant Offers are released, up to theamount of $1,589,940, provided, however, that such grant agreementsshall not be binding or enforceable against the Port unless and untilapproved in writing as to form and legality by the Port Attorney; andbe it

FURTHER RESOLVED that the Board hereby authorizes the ExecutiveDirector to enter into a subgrantee agreement with Marine Exchange ofthe San Francisco Bay Region which is serving as the Fiduciary Agentfor the federal grant program, provided, however, that such subgranteeagreement shall not be binding and enforceable against the Port unlessand until approved in writing as to form and legality by the PortAttorney; arid be it

FURTHER RESOLVED that the Board hereby authorizes that thefederal and state—funded port security projects be included in the FY2010—2011 and FY 2011—2012 Capital Budgets, in a total aggregate amountnot to exceed $2,655,000.

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02/15/2011Item 6.4MH/kk


RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF

A COVENANT AND ENVIRONMENTAL RESTRICTION ON

PROPERTY (“DEED RESTRICTION”) FOR THE FORMER

CRYER BOATYARD SITE, AND DELEGATING AUTHORITY TO

THE EXECUTIVE DIRECTOR TO APPROVE AND EXECUTE

FUTURE DEED RESTRICTIONS.


approves and authorizes the execution for and on behalf of the Board a

Deed Restriction for the former Cryer Boatyard Site, and delegates

authority to the Executive Director to approve and execute future Deed

Restrictions, as more fully set fourth in Board Agenda Report 6.4 dated

February 15, 2011; and be it


not create or constitute (a) a contract(s), or the grant of any right,

entitled or property interest, or (b) any obligation or liability on


resolution approves and authorizes the execution of an agreement(s) in

accordance with the terms of this resolution. Unless and until a

separate written agreement(s) is duly executed on behalf of the Board

as authorized by this resolution, is signed as approved as to form and

legality by the Port Attorney, and is delivered to the other

contracting party, there shall be no valid or effective agreement(s).

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3/15/2011CLOSED SESSIONMH:kk



A SETTLEMENT AGREEMENT BETWEEN THE PORT OF OAKLAND

(“PORT”) AND THE WESTERN COUNCIL OF ENGINEERS.


approves and authorizes the Executive Director to execute for and on

behalf of the Board a Settlement Agreement between the Port and the

Western Council of Engineers; and be it





This resolution approves and authorizes the execution of an agreement

in accordance with the terms of this resolution. Unless and until a

separate written agreement is duly executed on behalf of the Board as

authorized by this resolution, is signed as approved as to form and


contracting parties, there shall be no valid or effective agreement.

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At the regular meeting held on March 15, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, Katzoff, Lighty, Uno, and President Head - 7 Noes: 0

March 15,2011Closed SessionJS/lhr


RESOLUTION AUTHORIZING ND APPROVING RETENTIONOF SPECIAL COUNSEL.

RESOLVED that the Board of Port Commissioners herebyratifies and approves the retention of Sheppard Mullin Richter &Hampton LLP, pursuant to the provisions of Section 6.05 of PortOrdinance No. 867, to render expert assistance and representation tothe Port Attorney in connection with City of Oakland Parking Taxlitigation. The compensation of and reimbursement for out-of pocketexpenses incurred by said Special Counsel to be made from time to time asapproved by the Port Attorney.

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,- , 3/15/11Closed SessionMFI/kk


RESOLUTION APPROVING THE ACCEPThNCE OF ENVIRONMENTALINSURANCE RECOVERIES FROM CHUBB INSURANCE COMPANYCONCERNING ENVIRONMENTAL CONTAMINATION IN CERTAINPORTIONS OF THE JACK LONDON SQUARE AREA OF THE PORT.

RESOLVED that the Board of Port Commissioners (“Board”) herebyapproves on behalf of the Board the acceptance of environmentalinsurance recoveries from Chubb Insurance Company concerningenvironmental contamination in certain portions of the Jack Londonsquare area of the Port; and be it


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fv

____

3/15/2011CLOSED SESSIONM H: kk

/1


RESOLUTION APPROVING AND AUTHORIZING EXECUTION OFA SETTLEMENT AGREEMENT AMONG THE PORT OF OAKLAND(“PORT”); FAITH FULLER-TOMPKINS; AND THE

- INTERNATIONAL FEDERATION OF PROFESSIONAL &TECHNICAL ENGINEERS, LOCAL 21.

RESOLVED that the Board of Port Commissioners (“Board”) herebyapproves and authorizes the Executive Director to execute for and onbehalf of the Board a Settlement Agreement among the Port; FaithFuller—Tompkins; and the International Federation of Professional &Technical Engineers, Local 21; and be it

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board.This resolution approves and authorizes the execution of an agreementin accordance with the terms of this resolution. Unless and until aseparate written agreement is duly executed on behalf of the Board asauthorized by this resolution, is signed as approved as to form andlegality by the Port Attorney, and is delivered to the othercontracting parties, there shall be no valid or effective agreement.

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1’BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

RESOLUTION APPROVING BUILDING PERMITREQUESTED BY CITY OF OAKLAND.

RESOLVED that in reliance upon the representations andcertifications set forth upon and submitted with an application byCITY OF OAKLAND, (“tenant”) for permission to perform certain work atEdgewater Drive and Hegenberger Road, Oakland, California, the Boardof Port Commissioners (“Board”) hereby approves same subject to saidrepresentations and certifications at an estimated cost of $69,000,said work and the conditions of Port approval including the following:

1) Installation of fiber optics to connect area trafficsignals to a central controller at the Edgewater Drivemaintenance facility;

and be it

FURTHER RESOLVED that the Board hereby finds and determines thatthis project has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act (CEQA)pursuant to Section 15303(d) and 15301(b); and be it

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FURTHER RESOLVED that (a) neither this resolution nor the Board’sapproval of said work (i) is a waiver by the Board of any Port rightor remedy with respect to applicant under any agreement between thePort and the applicant or with respect to any obligation of applicant,or (ii) releases applicant from any obligation with respect to saidwork or with respect to any agreement between the Port and applicantand (b) this resolution is not evidence of and does not create orconstitute (i) a contract, or the grant of any right (other than toperform the work subject to the provisions of this resolution)entitlement or property interest, or (ii) any obligation or liabilityon the part of the Board or any officer or employee of the Board.

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RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF ASERVICE AGREEMENT WITH ABM ENGINEERING SERVICES, ASUBSIDIARY OF ABM INDUSTRIES, TO PROVIDE FACILITYENGINEERING SERVICES FOR VARIOUS PORT-OWNED ASSETS IN JACKLONDON SQUARE.

WHEREAS the Board of Port Commissioners (herein the “Board”) has reviewed and evaluatedthe Board Agenda Report Item No. 6.1, dated March 15, 2011 (herein the “Agenda Report”) and relatedagenda materials, has received the expert testimony of Port staff, and has provided opportunities for andtaken public comment; and be it

RESOLVED that in acting upon this matter, the Board has exercised its independent judgmentbased on substantial evidence in the record and adopts and relies upon the facts, data, analysis, andfindings set forth in the Agenda Report and in related agenda materials and in testimony received; and beit

RESOLVED that the Board of Port Commissioners (“Board”) hereby finds and determines that itis in the best interest of the Port for reasons of economy and better performance to approve and authorize,and hereby approves and authorizes the execution for and on behalf of the Board that certain 3-yearService Agreement with ABM ENGINEERING SERVICES, a subsidiary of ABM INDUSTRIES, toprovide building engineering services for 530 Water Street and certain other Port-owned assets located inJack London Square, Oakland, CaHfornia, at the rate proposed and as more fully set forth in said AgendaReport; and be it

FURTHER RESOLVED that the Board hereby authorizes and approves payment of$314,584.82 for the 2011 calendar year, plus a 10% contingency for unforeseen services and annualadjustments as set forth in the Agenda Report, and be it

FURTHER RESOLVED the Board hereby authorizes the Executive Director to approve and toexecute said agreement and such other agreements as may be necessary to carry out this resolution,consistent with this resolution and the Agenda Report and containing such additional provisions as shallbe reasonably necessary to carry out this resolution; and be it

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March 29, 2011Csedo


RESOLUTION AUTHORIZING AND APPROVING RETENTION

OF SPECIAL COUNSEL.

RESOLVED that the Board of Port Commissioners herebyratifies and approves the retention of FITZGERALD ABBOTT & BEARDSLEY

(“FAB”), pursuant to the provisions of Section 6.05 of Port OrdinanceNo. 867, to render expert assistance and representation to the PortAttorney in connection with the SSA Terminals litigation discussed in theconfidential letter dated May 11, 2011; the compensation of andreimbursement for out-of pocket expenses incurred by said Special Counselto be made from time to time as approved by the Port Attorney.

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At the regular meeting held on March 29, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, Katzoff, Lighty, and President Head - 6 Excused: Commissioner Uno - 1 Noes: 0

jkN March 29, 20112.1MCR/jey-7)

!çiL4


RESOLUTION FINDING AND DETERMINING THAT A PROPOSEDTHIRD SUPPLEMENTAL AGREEMENT WITH YIELD TECHNOLOGIES,INC. AT AN ADDITIONAL MAXIMUM COMPENSATION DISCLOSED

TO THE BOARD OF PORT COMMISSIONERS FOR CONSULTING

SERVICES CONSTITUTES PROFESSIONAL, TECHNICAL AND SPE

CIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,

WAIVING COMPETITIVE BIDDING AND AUTHORIZING EXECUTION

OF SAID SUPPLEMENTAL AGREEMENT.


Commissioners (the “Board”) on February 3, 2009, and as amended by the Firstand Second Supplemental Agreements as authorized by Resolution Nos. 09102 and10-115, adopted on July 7, 2009 and September 7, 2010, the Board authorized

an Agreement with YIELD TECHNOLOGIES, INC., for implementation and supportconsulting services with respect to the Port’s Enterprise Resource Planning(“ERP”) system; and

WHEREAS it is desirable at this time to further amend saidAgreement to authorize the Executive Director of the Port to approve additional work for ERP post “Go-Live” support and related services under saidAgreement as more fully set forth in the Board Agenda Report Item No. 2.1,dated March 29, 2011 (herein the “Agenda Report”), and additionalcompensation for such work; and

WHEREAS the Board has reviewed and evaluated the Agenda Reportand related agenda materials, has received the expert testimony of Portstaff, and has provided opportunities for and taken public comment; and beit

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RESOLVED that in acting upon this matter, the Board hasexercised its independent judgment based on substantial evidence in therecord and adopts and relies upon the facts, data, analysis, and findingsset forth in the Agenda Report and in related agenda materials and intestimony received; and be it


proposed Third Supplemental Agreement with YIELD TECHNOLOGIES, INC. willconstitute an agreement for obtaining professional, technical and specializedservices that are temporary in nature and that it is in the best interest ofthe Port to secure such services from YIELD TECHNOLOGIES, INC. withoutcompetitive bidding; and be it

FURTHER RESOLVED that the Board hereby approves and authorizes theexecution for and on behalf of the Board of said Third SupplementalAgreement, upon terms and conditions consistent with the Agenda Sheet andproviding that YIELD TECHNOLOGIES, INC. shall be compensated for suchservices including costs of miscellaneous reimbursable expenses at a maximumcompensation that shall not exceed an additional amount disclosed to theBoard; and be it

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liability on thepart of the Board or any officer or employee of the Board. This resolutionapproves and authorizes the execution of an agreement in accordance with theterms of this resolution. Unless and until a separate written agreement isduly executed on behalf of the Board as authorized by this resolution, issigned as approved as to form and legality by the Port Attorney, and isdelivered to other contracting party, there shall be no valid or effectiveagreement.

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At the regular meeting held on March 29, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Katzoff, Lighty, and President Head - 4 Excused: Commissioner Uno - 1 Noes: Commissioners Gonzales and Gordon - 2

March 29, 2011

MCR/jev



FOURTH SUPPLEMENTAL AGREEMENT WITH ARINC, INC. AT A

MAXIMUM COMPENSATION OF $205,992 IN FY 2011/2012 AND2012/2013 FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDING ANDAUTHORIZING EXECUTION OF SAID SUPPLEMENTAL AGREEMENT.

WHEREAS by Resolution No. 06182, adopted by the Board of PortCommissioners (the “Board”) on August 1, 2006 and as amended by the First,Second and Third Supplemental Agreements, the Board authorized an Agreementwith ARINC, INC., for consulting services to provide level maintenancesupport and licensing for the 1MUSE Common Use System at the OaklandInternational Airport; and

WHEREAS it is desirable at this time to further amend saidAgreement to authorize the Executive Director of the Port to approve additional work under said Agreement as set forth in the Board Agenda Report ItemNo. 5.2, dated March 29, 2011 (herein the “Agenda Report”), and additionalcompensation for such work; and



RESOLVED that the Board hereby finds and determines that theproposed Fourth Supplemental Agreement with ARINC, INC. will constitute anagreement for obtaining professional, technical and specialized services thatare temporary in nature and that it is in the best interest of the Port tosecure such services from ARINC, INC. without competitive bidding; and be it

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FURTHER RESOLVED that the Board hereby approves and authorizes theexecution for and on behalf of the Board of said Fourth SupplementalAgreement, upon terms and conditions consistent with the Agenda Sheet andproviding that RINC, INC. shall be compensated for such services includingcosts of miscellaneous reimbursable expenses at a total maximum compensationthat shall not exceed an additional $205,992 for two (2) years (FY 2011/2012and 2012/2013), unless additional work up to an additional amount of $102,996for a third year is approved in writing by the Executive Director; and be it


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3/29/1 1Item No.: 6.1JS/Ihr

RESOLUTION APPROVING AND AUTHORIZING THEEXECUTIVE DIRECTOR TO APPROVE AND EXECUTE ANPMENDMENT TO THE GROUND LEASE FOR PAVILION 2 INJACK LONDON SQUARE.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated the Agenda Report Item 6.1 (“Agenda Report”),dated March 29, 2011 and related agenda materials, has received theexpert testimony of Port staff, and has provided opportunities for andtaken public comment; and

RESOLVED that the Board hereby approves an Amendment to theground lease for Pavilion 2 in Jack London Square as more fullydescribed in the Agenda Report; and be it

FURTHER RESOLVED that the Board hereby authorizes theExecutive Director or his designee to execute such agreements and suchadditional documents as may be necessary to carry out the leaseamendment provided that such documents are approved by the ExecutiveDirector or his designee and approved by the Port Attorney as to formand legality; and be it

FURTHER RESOLVED that the Board hereby authorizes that thesubject approval be valid for no longer than 90 day from the date ofBoard authorization, and that if the subject amendment is not fullyexecuted by that date such approval shall be null and void unlessfurther extended a the sole and absolute discretion of the ExecutiveDirector or his designee; and be it

FURTHER RESOLVED that in acting upon this matter, the Boardhas exercised its independent judgment based on substantial evidencein the record and adopts and relies upon the facts, data, analysis,and findings set forth in the Agenda Report and in related agendamaterials and in testimony received;

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FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) an agreement, or the grant of

___

any right, entit1emet.or property -i-nterest, or (b)a-ny obiigation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of anynecessary agreement in accordance with the terms of this resolution.Unless and until a separate agreement(s) is duly executed on behalf ofthe Board as authorized by this resolution, is signed as approved asto form and legality by the Port Attorney, and is delivered to anyother contracting party, there shall be no valid or effectiveagreement.

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3/29/11Item No.: 6.2 r

JS/Ihr

and be it

RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TOALLOCATE REMAINING VISION 2000 AIR QUALITYMITIGATION PROGR1M FUNDS TO THE PORT SHORE POWERPROGRN AND TO A PORT ENERGY EFFICENCY ANDRENEWABLE ENERGY STUDY.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated the Agenda Report Item 6.2 (“Agenda Report”),dated March 29, 2011 and related agenda materials, has received theexpert testimony of Port staff, and has provided opportunities for andtaken public comment;

WHEREAS while the development and provision of shore poweris not a required mitigation measure under the Vision 2000 Air QualityMitigation Program, expenditure of funds toward shore power programswould be a suitable and proper use of the $8.98 million pledged by thePort for air quality projects; and, be it

RESOLVED that the Board hereby authorizes the allocation ofup to but no more than $100,000 towards a Port Energy Efficiency andRenewable Energy Study, if feasible as specified in the Agenda Report;

FURTHER RESOLVED that the Board hereby authorizes theallocation of the remaining Vision 2000 Air Quality Mitigation Programfunds, approximately $2,623,000, to the Port Shore Power Program asspecified in the Agenda Report; and be it

FURTHER RESOLVED that the Board hereby authorizes theExecutive Director or his designee to determine the feasibility of theStudy in his sole and absolute discretion; and be it

FURTHER RESOLVED that the Board hereby authorizes theExecutive Director or his designee to re—allocate up to $100,000 to

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the Shore Power Program if the Study is deemed to be infeasible; andbe it

FURTHER RESOLVED that in acting-upon t-his matter, the Boardhas exercised its independent judgment based on substantial evidencein the record and adopts and relies upon the facts, data, analysis,and findings set forth in the Agenda Report and in related agendamaterials and in testimony received; and be it

FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) an agreement, or the grant ofany right, entitlement or property interest, (b) any obligation orliability on the part of the Board or any officer or employee of theBoard or (c) any obligation or commitment by the Port to any definitecourse of action which may or may not be proposed or suggested in theStudy discussed in the Agenda Report. This resolution approves andauthorizes the execution of any necessary agreement in accordance withthe terms of this resolution. Unless and until a separate agreement(s)is duly executed on behalf of the Board as authorized by thisresolution, is signed as approved as to form and legality by the PortAttorney, and is delivered to any other contracting party, there shallbe no valid or effective agreement.

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At the regular meeting held on March 29, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, and President Head - 4 Excused: Commissioners Katzoff, Lighty, and Uno - 3 Noes: 0

4/12/11Item No.: Off CalendarMCM


RESOLUTION APPROVING AND AUTHORIZINGSETTLEMENT CONCERNING RODRIGO GUTIERREZ V.0. C. JONES AND , INC., STATE OFCALIFORNIA DEPARTMENT OF INDUSTRIALRELATIONS DIVISION OF WORKERS’ COMPENSATIONCOURT NO. ADJ 6652160.

RESOLVED that the Board of Port Commissioners (“Board”)hereby approves and authorizes the Executive Director to execute forand on behalf of the Board any and all settlement and releasedocuments with Rodrigo Gutierrez in the case titled RODRIGO GUTIERREZV. O.C. JONES AND SONS, INC., State of California Department ofIndustrial Relations Division of Workers’ Compensation Court No. ADJ6652160.

FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless anduntil a separate written agreement is duly executed on behalf of theBoard as authorized by this resolution, is signed as approved as toform and legality by the Port Attorney, and is delivered to othercontracting party, there shall be no valid or effective agreement.

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At the regular meeting held on April 12, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Katzoff, Lighty, Uno and President Head - 6 Excused: Commissioner Gordon - 1 Noes: 0



7,

RESOLUTION APPROVING BUILDING PERMITREQUESTED BY AT&T WIRELESS SERVICES.

RESOLVED that in reliance upon the representations andcertifications set forth upon and submitted with an application byAT&T Wireless Services, (“tenant”) for permission to perform certainwork at 1 Airport Drive, Terminal 1, Bldg Ml02 and M103, Oakland,California, the Board of Port Commissioners (“Board”) hereby approvessame subject to said representations and certifications at anestimated cost of $15,000, said work and the conditions of Portapproval including the following:

1) Modification of existing telecommunications equipmentserving the Airport Terminals. The work includesmodifications to the antennas on the exterior ofBuilding Ml02, and changes to cabinets and equipmentin the M103 equipment room;

and be it

FURTHER RESOLVED that the Board hereby finds and determines thatthis project has been determined to be exempt from requirements of theCalifornia Environmental Quality Act (CEQA) pursuant to Section 15301existing facilities; and be it

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FURTHER RESOLVED that (a) neither this resolution nor the Board’sapproval of said work (i) is a waiver by the Board of any Port rightor remedy with respect to applicant under any agreement between thePort and the applicant or with respect to any obligation of applicant,or (ii) releases applicant from any obligation with respect to said

—work---o-r--wit-h respect to any ag-ree-ment between the --Port and app-li-c-ant - -

_____

and (b) this resolution is not evidence of and does not create orconstitute (i) a contract, or the grant of any right (other than toperform the work subject to the provisions of this resolution),entitlement or property interest, or (ii) any obligation or liabilityon the part of the Board or any officer or employee of the Board.

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At the regular meeting held on April 12, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Katzoff, Lighty, Uno and President Head - 6 Excused: Commissioner Gordon - 1 Noes: 0

09/15/11CLOSED SESSIONJS/lhr


RESOLUTION NO. 11-37A

RESOLUTION APPROVING AN ADDENDUM TO SETTLEMENT

AGREEMENT BETWEEN THE CITY OF SAN LEANDRO ANDTHE PORT OF OAKLAND REGARDING SOUNDINSULATION.

WHEREAS the Port of Oakland (the “Port”) and the City ofSan Leandro (the “City”) entered into that certain SettlementAgreement on or about November 7, 2000 (the “Settlement Agreement”)finally resolving litigation brought by the City challenging thePort’s Airport Development Program;

WHEREAS under the Settlement Agreement, the Port agreed toreimburse the City for its costs to sound insulate certain residentialunits located within an agreed upon area of the City, up to a total ofno more than 200 units should such insulation work be commenced by aConstruction Deadline;

WHEREAS prior to occurrence of the Construction Deadline,the Port paid for sound insulation for approximately 81 residentialunits in the City at a cost of approximately $3,776,000;

WHEREAS the Construction Deadline occurred on or aboutOctober 8, 2008, leaving the potential sound insulation of anadditional 119 residential units outside of the scope of theSettlement Agreement;

WHEREAS members of the San Leandro City Council and theBoard of Port Commissioners have met in open session to discuss thisissue and members of their respective staffs have met to negotiate ina spirit of cooperation and good will;

WHEREAS the Board of Port Commissioners strongly values itsgood relations with the City and the San Leandro community and desiresto honor the spirit of the Settlement Agreement, despite the lapse ofthe Construction Deadline, and to obtain a commitment from the City toparticipate in addressing any structural concerns with levees in theCity protecting the Airport;

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RESOLVED that the Board hereby approves amendment of theSettlement Agreement by Addendum subject to the following terms andconditions:

1. With regard to the potential sound insulation of 73residential units known as “Phase II:”

a. The Port shall reimburse the City for qualifying costsof Sound Insulation Improvements for Phase II;

b. The Port’s Phase II obligations shall in no eventexceed $3,162,934.00, an amount attributable toconstruction costs bid by the City’s contractor plusProject Management costs;

c. The total Port reimbursement for Phase II shall be theLESSER of (1) actual costs incurred by the City; and,(2) the maximum reimbursement paid as follows: $1.5Million by July 1, 2011 and $1,662,934.00 by July 1,2012;

d. No Port reimbursements shall be paid for anyconstruction work commenced on or after July 1, 2012(the “Phase II Deadline”)

2. With regard to the potential sound insulation of 46residential units known as “Phase III:”

a. The Port shall reimburse the City for qualifying costsof Sound Insulation Improvements for Phase III if,only if, and when the Port’s debt service coverageratio on all Port debt is at least 1.7 in the priorfiscal year and projected to be at least 1.7 for thefollowing 3-year adopted budget;

b. The Port’s Phase III obligations shall in no eventexceed $1,629,137, an amount attributable toconstruction costs bid by the City’s contractor plusProject Management costs, subject to an annualadjustment based on the actual Consumer Price Index,in an amount not to exceed 3% per year, to allow forreasonable cost increases over time;

c. Port reimbursement payments shall be made forqualifying costs incurred by the City withoutrestriction as to the fiscal year incurred;

d. No Port reimbursements shall be paid for anyconstruction work commenced on or after December 21,2017 (the “Phase III Deadline”)

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3. Prior to finalization of the Addendum, the City submits aletter of intent to negotiate in good faith the City’sparticipation in a levee stabilization project affectingthe Port, contingent upon the City’s review of engineeringstudies and other applicable documents regarding theproject, and will commit to assisting the Port in itsefforts to secure funding for levee stabilization inwhatever way possible;

4. The Phase II and Phase III Deadlines and all otherdeadlines in the Addendum are firm and shall be strictlyconstrued and no further extensions may be allowed;

5. The Port’s obligations under the Addendum shall be thefinal and complete satisfaction of all Port soundinsulation and related obligations under the SettlementAgreement, as modified over the years, and the Port shallhave no further obligations in that regard;

6. The public announcement of the finalized Addendum shall bein the form of a letter jointly drafted by and mutuallyagreed upon by the City and the Port to ensure the Port isproperly represented and given credit for working to asolution and paying millions of dollars to be a goodneighbor and to honor the spirit of the prior agreements;and,

7. The Addendum shall be drafted by the Port Attorney’sOffice.

FURTHER RESOLVED that this resolution is not evidence of anddoes not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless anduntil a separate written agreement is duly executed on behalf of theBoard as authorized by this resolution, is signed and approved as toform and legality by the Port Attorney, and is delivered to the othercontracting party, there shall be no valid or effective agreement.

At the regular meeting held on April 26, 2011

Passed by the following vote:

Ayes: Commissioners Calloway, Gordon, Lighty, Uno andPresident Head — 5Excused: Commissioners Gonzales and Katzoff — 2Noes: 0

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RESOLUTION APPROVING AND AUTHORIZING EXECUTIONOF A TERMINATION AGREEMENT WITH THE NORTHERNCALIFORNIA POWER AGENCY (“NCPA”) TO TERMINATETHE EXISTING THIRD PHASE AGREEMENT AND EXECUTEA NEW THIRD PHASE AGREEMENT AND FACILITIESAGREEMENT WITH NCPA TO PURCHASE RENEWABLEELECTRICITY FROM A NEW GEOTHERMAL POWER PLANTAT THE GEYSERS IN SONOMà COUNTY FOR AN ANNUALAMOUNT NOT TO EXCEED $1,695,000 STARTING IN2014.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated Agenda Report Item 2.2 (“Agenda Report”), datedApril 26, 2011 and related agenda materials, has received the experttestimony of Port staff, and has provided opportunities for and takenpublic comment;

RESOLVED that the Board hereby approves and authorizes theExecutive Director or his designee to execute for and on behalf of theBoard a Termination Agreement with Northern California Power Agency(“NCPA”) to terminate the existing Third Phase Agreement as more fullydescribed in the Agenda Report; and be it

FURTHER RESOLVED that the Board hereby approves andauthorizes the Executive Director or his designee to execute for andon behalf of the Board a new Third Phase Agreement with NCPA topurchase renewable electricity the new Western GeoPower, Inc. (“WGP”)a new geothermal power plant at the Geysers in Sonoma County,California, for an annual amount not to exceed $1,695,000 starting in2014 as more fully described in Agenda Report; and be it

FURTHER RESOLVED that in acting upon this matter, the Boardhas exercised its independent judgment based on substantial evidencein the record and adopts and relies upon the facts, data, analysis,and findings set forth in the Agenda Report and in related agendamaterials and in testimony received; and be it

FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of the

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Board. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless anduntil a separate written agreement is duly executed on behalf of theBoard as authorized by this resolution, is signed and approved as toform and legality by the Port Attorney, and is delivered to the othercontracting party, there shall be no valid or effective agreement.

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At the regular meeting held on April 26, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gordon, Lighty, Uno, and President Head - 5 Excused: Commissioners Gonzales and Katzoff - 2 Noes: 0

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April 26, 2011Item No.: 2.3MCR/lhr

RESOLUTION AUTHORIZING THE EXECUTION OF AUTILITIES PROGRAM MANAGEMENT AGREEMENT BETWEENTHE PORT OF OAKLAND (“PORT”) AND THE CITY OFOAKLAND REDEVELOPMENT AGENCY (“AGENCY”) FORCONTINUED OPERATION, MAINTENANCE AND REPAIR OFTHE EXISTING INTEGRATED UTILITY SYSTEM AT THEFORMER OAKLAND ARMY BASE FOR AN ESTIMATED ANNUALCOST OF $200,000.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated Agenda Report Item 2.3 (“Agenda Report”), datedApril 26, 2011 and related agenda materials, has received the experttestimony of Port staff, and has provided opportunities for and takenpublic comment;

RESOLVED that the Board hereby approves and authorizes theExecutive Director or his designee to execute for and on behalf of theBoard a Utilities Program Management Agreement, Amendment to theResource Management Agreement, and the Interconnection Agreement withthe City of Oakland Redevelopment Agency (“Agency”) to allow the Portand the Agency to continue the operation, maintenance, and repair ofthe existing utility system at the former Oakland Army Base for anestimated annual cost of $200,000 as more fully described in theAgenda Report;


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FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless anduntil a separate written agreement is delivered to other contractingparty, there shall be no valid or effective agreement.

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04/26/11Tab 2.4MCR/arg


RESOLUTION APPROVING AND AUTHORIZING THE PROJECT BUDGETOF $2,145,000 FOR THE UTILITY IMPROVEMENTS INCLUDINGSANITARY SEWER IMPROVEMENTS - PHASE 1, WATER SYSTEMMASTER PLAN, AND WATER PIPELINE IMPROVEMENTS, AT THEOAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALl FORNIA.



FURTHER RESOLVED that based upon the information contained in theAgenda Report, the Board hereby finds and determines that it is in thebest interest of the Port to approve and authorize the project budget ina total aggregate amount not to exceed $2,145,000, for UtilityImprovements at Oakland International Airport, Oakland, California, asmore fully described in the Agenda Report; and be it

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FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board.This resolution approves and authorizes the execution of a contract inaccordance with the terms of this resolution. Unless and until aseparate written contract is duly executed on behalf of the Board asauthorized by this resolution, is signed as approved as to form andlegality by the Port Attorney, and is delivered to other contractingparty, there shall be no valid or effective contract.

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I 04/26/11I Tab2.4

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RESOLUTION AUTHORIZING THE DIRECTOR OF ENGINEERING TOAPPROVE PLANS AND PROJECT MANUAL FOR SANITARY SEWERIMPROVEMENTS, PHASE 1, SOUTH FIELD, OAKLANDINTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; CALLING FORBIDS THEREFOR; AND AUTHORIZING THE EXECUTIVE DIRECTORTO AWARD A CONTRACT TO THE LOWEST RESPONSIBLERESPONSIVE BIDDER IN AN AMOUNT NOT TO EXCEED $243,000.


RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab No. 2.4 (the “Agenda Report”), dated January 18,2011, and in related agenda materials and in testimony received; and be

FURTHER RESOLVED that the Board of Port Commissioners (herein““Board”) hereby finds and determines that the development and useprovided for in the project manual and the subsequent use of thedevelopment approved by this resolution are in conformity with theGeneral Plan of the City; and be it

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FURTHER RESOLVED that the Director of Engineering or his designeeis authorized to approve the plans and specifications for Sanitary SewerImprovements, Phase 1, South Field, Oakland International Airport,Oakland, California in advance of construction, pursuant to GovernmentCode Section 830.6; and be it

FURTHER RESOLVED that the Secretary of the Board is herebyauthorized to advertise for four consecutive days in the officialnewspaper of the City of Oakland for sealed bids for the project notless than ten calendar days prior to the date set for receiving saidbids; and be it

FURTHER RESOLVED that the provisions of the Maritime and AviationProject Labor Agreement (“MAPLA”) apply to this project; and be it,

FURTHER RESOLVED that the Board hereby approves andauthorizes the Executive Director to award a contract to the lowestresponsible, responsive bidder, based upon the receipt of formalsealed bids, for Sanitary Sewer Improvements, Phase 1, South Field,Oakland International Airport, Oakland, California, in an amount not toexceed $243,000.00; and be it


Agenda Report the Board hereby authorizes the rejection of all otherbids received for Sanitary Sewer Improvements, Phase 1, South Field,Oakland International Airport, Oakland, California, and directs that

securities accompanying said bids shall be returned to the respective

bidders; and be it

FURTHER RESOLVED that the Board hereby finds and determines thatthis project is categorically exempt from the California EnvironmentalQuality Act (CEQA) and Port CEQA Guidelines pursuant to Section15301(d), which addresses repair, maintenance, or minor alteration ofexisting public or private structures, facilities, mechanicalequipment, or topographical features, involving negligible or noexpansion of use beyond that existing; and be it

FURTHER RESOLVED that pursuant to Port Ordinance 1606, Section 22,the Board finds and determines it to be in the Port’s best interest todelegate to the Executive Director, and hereby delegates to theExecutive Director, the authority to finally resolve bid protests inconnection with this project; and be it







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RESOLUTION AUTHORIZING THE DIRECTOR OF ENGINEERING TOAPPROVE PLANS AND PROJECT MANUAL FOR WATER PIPELINEIMPROVEMENTS, NORTH FIELD, OAKLAND INTERNATIONALAIRPORT, OAKLAND, CALIFORNIA; CALLING FOR BIDSTHEREFOR; AND AUTHORIZING THE EXECUTIVE DIRECTOR TOAWARD A CONTRACT TO THE LOWEST RESPONSIBLE RESPONSIVEBIDDER IN AN AMOUNT NOT TO EXCEED $539,000.


RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab No. 2.4 (the “Agenda Report”), dated January 18,2011, and in related agenda materials and in testimony received; and beit


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is authorized to approve the plans and specifications for Water Pipeline

Improvements, North Field, Oakland International Airport, Oakland,

California in advance of construction, pursuant to Government Code

Section 830.6; and be it





bids; and be it






Water Pipeline Improvements, North Field, Oakland International Airport,

Oakland, California, in an amount not to exceed $539,000.00; and be it



bids received for Water Pipeline Improvements, North Field, Oakland

International Airport, Oakland, California, and directs that securities

accompanying said bids shall be returned to the respective bidders;and be it



Quality Act (CEQA) and Port CEQA Guidelines pursuant to Section

15301(d), which addresses repair, maintenance, or minor alteration of

existing public or private structures, facilities, mechanical

equipment, or topographical features, involving negligible or no

expansion of use beyond that existing; and be it












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April 26, 2011Item No.: 2.5M

RESOLUTION WAIVING STANDARD BIDDING ANDAUTHORIZING THE EXECUTIVE DIRECTOR TO RENEW AONE (1) YEAR ENTERPRISE RESOURCE PLANNING (ERP)SOFTWARE LICENSING AGREEMENT WITH DLTSOLUTIONS OR ORACLE CORPORATION FOR $235,000.

WHEREAS on May 5, 2009, the Board of Port Commissioners (“Board”) passedResolution 09064 authorizing the Executive Director to execute an agreement to purchase Oracle’s EnterpriseResource Planning (“ ERP”) software system and execute an agreement with Oracle authorized resellerDLT Solutions, Inc.; and

WHEREAS on May 18, 2010, the Board passed Resolution 10-60 authorizing theExecutive Director to renew an ERP software licensing agreement with DLT Solutions, Inc.; and

WHEREAS on June 22, 2010, the Board passed Resolution 10-73 authorizing theExecutive Director to execute an agreement to purchase additional Oracle’s ERP software; now, therefore beit

RESOLVED that based upon the information contained in Board Agenda Report Item No.2.5, dated April 26, 2011, (herein “Agenda Report”), the Board authorizes the Executive Director to enterinto a one (1) year ERP Software Licensing Agreements for (a) Oracle’s ERP Software System (from May30, 2011 through May 29, 2012) and (b) Oracle Policy Automation/Oracle Inventory Management (fromAugust 16, 2011 through August 16, 2012) for a total compensation of $235,000 without standard biddingprocedures and that said standard bidding procedures are hereby waived; and be it

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FURTHER RESOLVED that this resolution is not evidence of and does not create orconstitute (a) a contract, or the grant of any right, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of the Board. This resolution approves andauthorizes the execution of an agreement in accordance with the terms of this resolution. Unless and until aseparate written agreement is duly executed on behalf of the Board as authorized by this resolution, is signedas approved as to form and legality by the Port Attorney, and is delivered to other contracting party, thereshall be no valid or effective agreement.

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At the regular meeting held on April 26, 2011 Passed by the following vote: Ayes: Commissioners Gordon, Lighty, Uno, and President Head - 4 Abstained: Commissioner Calloway - 1 Excused: Commissioners Gonzales and Katzoff - 2 Noes: 0

04/26/11Tab 2.6M,JM CR/af4._—


RESOLUTION REJECTING ALL BIDS FOR REPLACEMENT OFPUMP HOUSE NO. 4, SOUTH FIELD, OAKLAND

INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA;

DIRECTING RETURN OF BID BONDS TO BIDDERS; FINDING

AND DETERMINING THAT IT IS IN THE BEST INTEREST

OF THE PORT TO CONTRACT FOR SUCH WORK WITHOUT

STANDARD BIDDING PROCEDURES; AND AUTHORIZING

EXECUTION OF A CONTRACT FOR SUCH WORK BASED ON

RECEIPT OF INFORM1.L PROPOSALS IN AN AMOUNT NOT TO

EXCEED $2,200,000.



staff, and has provided opportunities for and taken public comment; and

WHEREAS on January 18, 2011, pursuant to Resolution No. 11—9 theBoard approved the plans and project manual Replacement of Pump House

No. 4, South Field, Oakland International Airport, Oakland, California

and authorized staff to advertise for bids;

WHEREAS on March 9, 2011, the Secretary of the Board received and

opened five (5) bids for Replacement of Pump House No. 4; now, therefore

be it




in Agenda Report Tab 2.6 (“Agenda Report”), dated February 1, 2011, and

in related agenda materials and in testimony received; and be it

FURTHER RESOLVED that based upon the information contained in

Board Agenda Report Item the Board hereby rejects all five (5) bids

received on March 9, 2011, for Replacement of Pump House No. 4, South

Field, Oakland International Airport, Oakland, California, pursuant to

Port Ordinance 1606, Section 5(e), and directs that bid securities

accompanying said bids shall be returned to the respective bidders; and

be it,

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is authorized to approve the plans and specifications for said projects

in advance of construction, pursuant to Government Code Section 830.6;

and be it



best interests of the Port to contract for Replacement of Pump House

No. 4, South Field, Oakland International Airport, Oakland, California,

without standard bidding procedures, described in Section 5 of Port

Ordinance 1606, and that said standard bidding procedures are hereby

waived; and be it

FURTHER RESOLVED that the total amount of expenditure shall not

exceed $2,200,000; and be it


to negotiate and execute a contract for such work based upon the

receipt of informal proposals from one or more of the five original

bidders; and be it

FURTHER RESOLVED that if the Executive Director is unable to

negotiate a contract with one of the above—described bidders, he is

hereby authorized to negotiate and execute a contract for such work in

the open market based upon the receipt of informal proposals; and be

it














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Ft3RTFtER RESOLVED that this resolution is not evidence of and does






separate written contract is duly executed on behalf of the Board as


legality by the Port Attorney, and is delivered to other contracting

party, there shall be no valid or effective contract.

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4/26/11Item No.: 3.3MH/LST


RESOLUTION AUTHORIZING THE RENEWAL OF THE PORT OF

OAKLAND’ S INSURANCE PROGRAM INCLUDING, COVERAGE FOR

AIRPORT LIABILITY, AUTOMOBILE LIABILITY, AUTOMOBILE

PHYSICAL DAMAGE (AIRPORT SHUTTLES ONLY), CAPA

UMBRELLA, CRANE INSURANCE INCLUDING ELECTRONIC DATA

PROCESSING EQUIPMENT AND EARTHQUAKE, CRANE BOILER &

MACHINERY, CRANE TERRORISM, ELECTRONIC DATA PROCESSING

EQUIPMENT FLOATER, EXCESS WORKER’S COMPENSATION &

EMPLOYERS’ LIABILITY, FOREIGN LIABILITY PACKAGE,

PUBIJC OFFICIALS ERRORS AND OMISSIONS INCLUDING

EMPLOYMENT PRACTICES LIABILITY, EARTHQUAKE ON 530

WATER STREET (BUILDING AND CONTENTS), FIDELITY,

FIDUCIARY LIABILITY, NON-CRANE PROPERTY INSURANCE

INCLUDING TERRORISM & BOILER & MACHINERY, AND MOBILE

EQUIPMENT (FIRE TRUCKS) PHYSICAL DAMAGE AT AN AMOUNTNOT TO EXCEED $3,650,000.

RESOLVED that the Board of Port Commissioners (“Board”)hereby authorizes the renewal of the Port of Oakland’s InsuranceProgram including coverage for AIRPORT LIABILITY, AUTOMOBILE LIABILITY,

AUTOMOBILE PHYSICAL DAMAGE (AIRPORT SHUTTLES ONLY), CAPA UMBRELLA,

CRANE INSURANCE INCLUDING ELECTRONIC DATA PROCESSING EQUIPMENT AND

EARTHQUAKE, CRANE BOILER & MACHINERY, CRANE TERRORISM, ELECTRONIC DATA

PROCESS ING EQUIPMENT FLOATER, EXCESS WORKER’ S COMPENSATION & EMPLOYERS’

LIABILITY, FOREIGN LIABILITY PACKAGE, AND PUBLIC OFFICIALS ERRORS AND

OMISSIONS INCLUDING EMPLOYMENT PRACTICES LIABILITY, for the term May

20, 2011 through May 20, 2012, in accordance with Agenda Report ItemNo. 3.3, dated April 26, 2011, (“Agenda Report”), provided, however,

that said insurance shall be approved in writing as to form and

legality by the Port Attorney; and be it

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FURTHER RESOLVED that the Board authorizes the renewal of thePort’s Insurance Program, including coverage for EARTHQUAKE ON 530

WATER STREET (BUILDING AND CONTENTS), FIDELITY, AND FIDUCIARY LIABILITY

for the term June 1, 2011 through June 1, 2012, and NON-CRANE PROPERTY

INSURANCE INCLUDING TERRORISM & BOILER & MACHINERY, AND MOBILE

EQUIPMENT (FIRE TRUCKS) PHYSICAL DAMAGE for the term July 1, 2011 toJuly 1, 2012 in accordance with the Agenda Report, provided, however,that said insurance shall be approved in writing as to form andlegality by the Port Attorney; and be it

FURTHER RESOLVED that said renewals to insurance policies insaid Agenda Report shall not exceed the amount of $3,650,000; and be it

FURTHER RESOLVED that the Board hereby finds and determinesthat said Insurance Program is in such amounts and against such risksas are, in the judgment of the Board, prudent and reasonable takinginto account, but not being controlled by, the amounts and types ofinsurance or self—insured programs provided by similar ports.

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04/26/11

!! MCR/arg


RESOLUTION RATIFYING AND APPROVING EXTENDING TIME TO

AWARD CONTRACT FOR PROCUREMENT OF AIRCRAFT RESCUE AND

FIRE FIGHTING (ARFF) VEHICLE REPLACEMENT, OAKLAND

INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA, AlP 3-06-

0170-(FUTURE) FROM SIXTY (60) TO NINETY (90) DAYS.




WHEREAS on January 18, 2011, pursuant to Resolution No. 11—13 the

Board delegated authority to the Director of Engineering to approve the

Procurement Manual and advertise for bids, and authorized the Executive

Director to award the contract for the procurement of an aircraft rescue

and fire fighting (ARFF) vehicle replacement; now, therefore be it




in Agenda Report Tab 5.2 (“Agenda Report”), dated February 1, 2011, and


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FURTHER RESOLVED that pursuant to Section 5e of Port OrdinanceNo. 1606 the Boards hereby ratifies and approves extending the timewithin which a contract may be let to the lowest responsibleresponsive bidder after bid opening from 60 to 90 days.

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4/26/11Tab 6.1’JS/lhr /11


RESOLUTION APPROVING A SPACE/USE PERMIT WITH

THE AL1MEDA COUNTY BUILDING AND CONSTRUCTION

TRADES COUNCIL, AFL-CIO, FOR ACCESS TO

OAKLAND INTERNATIONAL AIRPORT.


reviewed and evaluated the Agenda Report for Item 6.1, dated April 26,

2011 (herein the “Agenda Report”) and related agenda materials, has


opportunities for and taken public comment; and


hereby approves the five—year/30—day terminable Space/Use Permit with

the Alameda County Building and Construction Trades Council, AFL—CIO

to provide access to the secured area of the Oakland International

Airport as more fully described in the Agenda Report; and be it

FURTHER RESOLVED that the Board hereby authorizes the

Director of Aviation to execute the Space/Use Permit with the Alameda

County Building and Construction Trades Council, AFL-CIO to provide

access to the secured area of the Oakland International Airport as

more fully described in the Agenda Report




and findings set forth in the Agenda Report and in related agenda








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until a separate written agreement is duly executed on behalf of the

Board as authorized by this resolution, is signed and approved as to

form and legality by the Port Attorney, and is delivered to the other

contracting party, there shall be no valid or effective agreement.

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At the regular meeting held on April 26, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gordon, Uno, and President Head - 4 Excused: Commissioners Gonzales, Lighty, and Katzoff - 3 Noes: 0

April 26, 2011Item No.: 6.2



AGREEMENT WITH NORTHERN CALIFORNIA PUBLIC BROADCASTINGAT A MAXIMUM COMPENSATION OF $67,000 FOR CONSULTING

SERVICES CONSTITUTES PROFESSIONAL, TECHNICAL AND

SPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE, WAIVING

STANDARD BIDDING PROCEDURES AND AUTHORIZING EXECUTION OF

AGREEMENT.

WHEREAS the Board of Port Commissioners (herein the “Board”) has reviewed and evaluated

the Board Agenda Report Item No. 6.2, dated April 26, 2011 (herein the “Agenda Report”) and related

agenda materials, has received the expert testimony of Port staff, and has provided opportunities for and

taken public comment; and be it


based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and

findings set forth in the Agenda Report and in related agenda materials and in testimony received; and be

it

FURTHER RESOLVED that based upon the information contained the Agenda Report, the

Board hereby finds and determines that the proposed agreement with NORTHERN CALIFORNIA

PUBLIC BROADCASTING for radio and television advertising will constitute an agreement for

obtaining professional, technical and specialized services that are temporary in nature and that it is in the

best interest of the Port to secure such services from NORTHERN CALIFORNIA PUBLIC

BROADCASTING without standard bidding and standard competitive bidding procedures are waived and

be it

FURTHER RESOLVED that the Board hereby approves and authorizes the Executive Director

to execute for and on behalf of the Board said agreement, upon terms and conditions consistent with the

Agenda Report and providing that NORTHERN CALIFORNIA PUBLIC BROADCASTING shall be

compensated for such services, including costs of miscellaneous reimbursable expenses, at a maximum

compensation that shall not exceed $67,000, for a maximum term not to exceed three (3) months; and

be it

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FURTHER RESOLVED that this resolution is not evidence of and does not create or constitute

(a) a contract, or the grant of any right, entitlement or property interest, or (b) any obligation or liability

on the part of the Board or any officer or employee of the Board. This resolution approves and authorizes

the execution of an agreement in accordance with the terms of this resolution. Unless and until a separate

written agreement is duly executed on behalf of the Board as authorized by this resolution, is signed and

approved as to form and legality by the Port Attorney, and is delivered to other contracting party, there

shall be no valid or effective agreement.

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April 26, 2011Item No.: 6.3CT/jev

RESOLUTION FINDING AND DETERMINING THAT A PROPOSEDAGREEMENT WITH TITAN 360 MEDIA AT A MAXIMUM COMPENSATIONOF $89,999 FOR ADVERTISING SERVICES CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARE TEMPORARY INNATURE, WAIVING STANDARD BIDDING PROCEDURES ANDAUTHORIZING EXECUTION OF AGREEMENT.

WHEREAS the Board of Port Commissioners (herein the “Board”) has reviewed and evaluatedthe Board Agenda Report Item No. 6.3, dated April 26, 2011 (herein the “Agenda Report”) and relatedagenda materials, has received the expert testimony of Port staff, and has provided opportunities for andtaken public comment; and be it

RESOLVED that in acting upon this matter, the Board has exercised its independent judgmentbased on substantial evidence in the record and adopts and relies upon the facts, data, analysis, andfindings set forth in the Agenda Report and in related agenda materials and in testimony received; and be

FURTHER RESOLVED that based upon the information contained in the Agenda Report, theBoard hereby finds and determines that the proposed agreement with TITAN 360 MEDIA foradvertisement placements at Bay Area Rapid Transit (BART) and cable car stations on the Powell

Street line will constitute an agreement for obtaining professional, technical and specialized services thatare temporary in nature and that it is in the best interest of the Port to secure such services from TITAN360 MEDIA without standard bidding and standard competitive bidding procedures are waived; and be it

FURTHER RESOLVED that the Board hereby approves and authorizes the Executive Directorto execute for and on behalf of the Board of said agreement, upon terms and conditions consistent withthe Agenda Report and providing that TITAN 360 MEDIA shall be compensated for such services,including costs of miscellaneous reimbursable expenses, at a maximum compensation that shall notexceed $89,999, for a maximum term, not to exceed three (3) months; and be it

it

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04/26/1\s/ ‘ Tab 6,4jj44’

MCR/r4P”


RESOLUTION APPROVING A ONE YEAR RENEWAL OF THECONTRACT WITH DILLARD TRUCKING, INC., ACALIFORNIA CORPORATION, DOING BUSINESS AS DILLARDENVIRONMENTAL SERVICES (LIC. NO. 624665), FORPERFORMING EMERGENCY SPILL RESPONSE AND HANDLINGHAZARDOUS AND CONTAMINATED MATERIALS AT PORT OFOAKLAND MARITIME AND AVIATION CONSTRUCTION SITESFOR THE PERIOD COMMENCING JULY 1, 2011 AND ENDINGJUNE 30, 2012, OAKLAND, CALIFORNIA; ANDDELEGATING AUTHORITY TO THE EXECUTIVE DIRECTOR TOAPPROVE ONE ADDITIONAL CONTRACT RENEWAL FOR THEPERIOD COMMENCING JULY 1, 2012 AND ENDING JUNE30, 2013.

WHEREAS the Board of Port Commissioners (“Board”) has reviewed andevaluated agenda materials, has received the expert testimony of Portstaff, and has provided opportunities for and taken public comment; and

WHEREAS on April 10, 2010, pursuant to Resolution No. 10—32, theBoard authorized the Executive Director to award the contract forPerforming Emergency Spill Response and Handling Hazardous andContaminated Materials at Port of Oakland Maritime and AviationConstruction Sites for the Period Commencing July 1, 2010 and endingJune 30, 2011, 2012, or 2013; and

WHEREAS Dillard Environmental Services (“DES”) was the lowestresponsible bidder and entered into an agreement with the Port on July1, 2010 (PWK 2010—04--Si) ; now, therefore be it

RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab 6.4 (“Agenda Report”), dated February 1, 2011, andin related agenda materials and in testimony received; and be it

FURTHER RESOLVED that based upon the information contained inBoard Agenda Report Item the Board hereby authorizes and approves a one -

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year renewal of the contract with DES for Performing Emergency SpillResponse and Handling Hazardous and Contaminated Materials at Port ofOakland Maritime and Aviation Construction Sites for the PeriodCommencing July 1, 2010 and ending June 30, 2011, 2012, or 2013,beginning July 1, 2011 and ending June 30, 2012; and be it,

FURTHER RESOLVED that based upon the information contained in theAgenda Report, the Board hereby delegates to the Executive Directorthe authority to approve the second renewal of this agreement for theperiod commencing July 1, 2012 and ending June 30, 2013; and be it

FURTHER RESOLVED that Port Staff will provide an informationalreport to the Board by the end of the second renewal period (June2013) regarding hazardous material removal activities and expendituresto date; and be it


FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisresolution approves and authorizes the execution of a contract inaccordance with the terms of this resolution. Unless and until aseparate written contract is duly executed on behalf of the Board asauthorized by this resolution, is signed as approved as to form andlegality by the Port Attorney, and is delivered to other contractingparty, there shall be no valid or effective contract.

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At the regular meeting held on April 26, 2011 Passed by the following vote: Ayes: Commissioners Gordon, Lighty, Uno, and President Head - 4 Excused: Commissioners Calloway, Gonzales, and Katzoff - 3 Noes: 0

(v—,4/29/10Tab No.: 2.1DC/LT


RESOLUTION APPROVING SELECTION OF MASTER DEVELOPER FOR

PORTIONS OF FORMER OAKLAND ARMY BASE AND OTHER ADJACENT

PORT-OWNED LANDS EAST OF MARITIME STREET.

RESOLVED that, in accordance with Agenda Report Tab No. 2.1dated April 29, 2011 (“Agenda Report”), the Board of PortCommissioners (“Board”) hereby selects AMB PROPERTY

CORPORATION/CALIFORNIA CAPITAL GROUP/CALIFORNIA CAPITAL INVESTMENTGROUP/INDUSTRIAL RAILWAYS COMPANY to enter into negotiations for aPredevelopment Agreement to be completed within 60 calendar days,consistent with the Port’s April 8, 2011 document entitled “PotentialOpportunity for Development of Trade & Logistics Center on Portion ofFormer Oakland Army Base” and subject to the Board’s financial reviewand approval; and be it

FURTHER RESOLVED that the Board hereby finds and determinesthat the authorization to approve selection of Master Developer hasbeen determined exempt from the requirements of the CaliforniaEnvironmental Quality Act (CEQA), pursuant to CEQA Guidelines, Section15061 (b) (3) (“the general rule”) states that CEQA applies only toprojects which have the potential for causing a significant effect onthe environment. Where it can be seen with certainty that there is nopossibility that the activity may have a significant effect on theenvironment, the activity is not subject to CEQA. It can be seen withcertainty that authorizing the Executive Director to approve selectionof Master Developer for portions of Former Oakland Army Base and otheradjacent Port—owned lands east of Maritime Street will have noenvironmental effects. Authorizing those agreements, therefore, is nota project under CEQA and no additional environmental review is requiredat this time; and be it

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FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution ofagreements in accordance with the terms of this resolution. Unlessand until agreements are duly executed on behalf of the Board asauthorized by this resolution, are signed and approved as to form andlegality by the Port Attorney, and are delivered to the othercontracting party, there shall be no valid or effective agreements.

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At the special meeting held on April 29, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Katzoff, Lighty, Uno, and President Head - 6 Noes: Commissioner Gordon - 1

c/—//

4/29/10Tab No.: 2.2DC/LT


RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO

NEGOTIATIONS ON A COST SHARING AGREEMENT AND A LEAD AGENCY

DESIGNATION AGREEMENT WITH THE OAKLAND REDEVELOPMENT AGENCYAND THE CITY OF OAKLAND FOR DEVELOPMENT OF THE FORMER

OAKLAND ARMY BASE FINAL APPROVAL BY THE BOARD OF PORT

COMMISSIONERS.

RESOLVED that the Board of Port Commissioners (“Board”)hereby authorizes the Executive Director to enter into negotiations ona Cost Sharing Agreement and a Lead Agency Designation Agreement withthe Oakland Redevelopment Agency (“ORA”) and the City of Oakland forthe Development of the Former Oakland Army Base (“OAB”) for finalapproval by the Board, all in accordance with Agenda Report Tab No.2.2 dated April 29, 2011 (“Agenda Report”); and be it

FURTHER RESOLVED that the Board hereby finds and determinesthat the authorization to enter into agreements with OaklandRedevelopment Agency and the City of Oakland has been determined exemptfrom the requirements of the California Environmental Quality Act(“CEQA”), pursuant to CEQA Guidelines, Section 15061 (b) (3) (“thegeneral rule”) states that CEQA applies only to projects which havethe potential for causing a significant effect on the environment.Where it can be seen with certainty that there is no possibility thatthe activity may have a significant effect on the environment, theactivity is not subject to CEQA. It can be seen with certainty thatauthorizing the Executive Director to enter into a Cost SharingAgreement and a CEQA Lead Agency Agreement with ORA and the City ofOakland for development of the former Oakland Army Base will have noenvironmental effects. Authorizing those agreements, therefore, is nota project under CEQA and no additional environmental review is requiredat this time; and be it

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FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution ofagreements in accordance with the terms of this resolution. Unlessand until agreements are duly executed on behalf of the Board asauthorized by this resolution, are signed and approved as to form andlegality by the Port Attorney, and are delivered to the othercontracting party, there shall be no valid or effective agreements.

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At the special meeting held on April 29, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, Lighty, Uno, and President Head - 6 Excused: Commissioner Katzoff - 1 Noes: 0

4 BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

I 04/29/11I Tab 6.1MCR/LH)

RESOLUTION ADOPTING THE DISADVANTAGED BUSINESS ENTERPRISE(DBE) FEDERAL FISCAL YEAR 2010-2011 (FFY 10-11) OVERALL

ANNUAL GOAL AND METHODOLOGY REPORT AND DBE PROGRAM PLAN,FOR THE MARITIME ADMINISTRATION (MARAD), UNITED STATESDEPARTMENT OF TRANSPORTATION (DOT)


RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab No. 6.1 (the “Agenda Report”), dated April 29,2011, and in related agenda materials and in testimony received; and beit

RESOLVED that the Board of Port Commissioners (“Board”) doeshereby adopt the Port’s DBE FEY 10-11 Overall Annual Goal andMethodology Report and DBE Plan, for the Maritime Administration(MARAD), United States Department of Transportation (DOT) as narrowlytailored to the design and construction contracts partially or fullyfunded with Transportation Infrastructure Generating Economic Recovery(“TIGER”) grant received by the Port in the estimated amount of $8.5million, as further described in the Agenda Report; and be it

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FURTHER RESOLVED that the Board directs Port staff to research,investigate and report back to the Board on the following items:discussion of the Federal Fiscal Year 2010-2011 goal and methodologyand contractor goal attainment as well as discussion of possible needfor amendment of the goal, methodology, and plan for FFY 10-11.

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At the special meeting held on April 29, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Lighty, Uno, and President Head - 5 Excused: Commissioner Katzoff - 1 Noes: Commissioner Gordon - 1

April 29, 2011Item No.: 8.1JS/lhr


RESOLUTION ADOPTING A NEW BOARD MEETINGS SCHEDULEFOR THE BOARD OF PORT COMMISSIONERS FOR CALENDARYEAR 2011.

WHEREAS, Article II of the By—Laws and Administrative Rules forthe Board of Port Commissioners (By-Laws) and Rule V(C) of the Rules forPublic Participation at Meetings of the Board of Port Commissioners andStanding Committees (Rules) specify that the Board of Port Commissioners(Board) shall establish a regular meeting schedule for Board meetings;and


WHEREAS, if an earlier start time is deemed appropriate anddesirable for an upcoming regular meeting to accommodate anticipatedadditional public speakers or to provide for longer deliberation on thepublic record, it has been the policy and the practice of the Board toamend the regular meeting schedule in advance to include such earlierstart time, subject to ten—day public notice, rather than to declare a“special meeting” subject only to two—day public notice, to maximizepublic notice and public participation; and

WHEREAS, the Ralph M. Brown Act (California Government CodeSection 54950 et seq.) permits the Board to determine and adjust thedates and times of the Board’s regular meetings, from time to time, byway of resolution or motion; and be it

RESOLVED, that the Board’s meetings for the remainder of calendaryear 2011 shall be held in the Board Room of the Port of OaklandBuilding, 530 Water Street, in the City of Oakland on Thursday at 2:00p.m. on the following days:

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May 19, 2011June 2, 2011June 16, 2011July 7, 2011July 21, 2011August: RecessSeptember 1, 2011September 15, 2011October 6, 2011October 20, 2011November 3, 2011November 17, 2011December 1, 2011December 15, 2011; and be it



FURTHER RESOLVED, that, where practicable, if an earlier starttime is deemed appropriate and desirable for an upcoming regular meetingto accommodate anticipated additional public speakers or to provide forlonger deliberation on the public record, the Board or Presiding Officershall amend the regular meeting schedule in advance to include suchearlier start time, subject to ten—day public notice, rather than todeclare a “special meeting” subject only to two—day public notice, tomaximize public notice and public participation.

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At the special meeting held on April 29, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, Lighty, Uno, and President Head - 6 Excused: Commissioner Katzoff - 1 Noes: 0


May 26, 2011

MCR/jev,

RESOLUTION FINDING AND DETERMINING THAT PROPOSEDSUPPLEMENTAL AGREEMENT (5) WITH YIELD TECHNOLOGIES,INC. AND/OR OTHER CONSULTANTS FOR AN ADDITIONALMAXIMUM COMPENSATION DISCLOSED TO THE BOARD OF PORTCOMMISSIONERS FOR CONSULTING SERVICES CONSTITUTES

PROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICES THAT

ARE TEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDING

AND AUTHORIZING EXECUTION OF SAID SUPPLEMENTAL AGREE

MENT(S).

WHEREAS by Resolution No. 09102, adopted by the Board of PortCommissioners (the “Board”) on February 3, 2009, and as amended by the Firstand Second Supplemental Agreements as authorized by Resolution No. 10-115adopted on July 7, 2009 and Resolution No. 11—32, adopted on March 29, 2011,the Board authorized an Agreement with YIELD TECHNOLOGIES, INC., forimplementation and support consulting services with respect to the Port’sEnterprise Resource Planning (“ERP”) system; and

WHEREAS it is desirable at this time to further amend saidAgreement to authorize the Executive Director of the Port to approve additional work for ERP support and related services under said Agreement as morefully set forth in the Board Agenda Report Item No. 2.1, dated May 26, 2011(herein the “Agenda Report”), and additional compensation for such work; and


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exercised its independent judgment based on substantial evidence in therecord and adopts and relies upon the facts, data, analysis, and findingsset forth in the Agenda Report and in related agenda materials and intestimony received; and be it

RESOLVED that the Board hereby finds and determines that proposed

Supplemental Agreement(s) with YIELD TECHNOLOGIES, INC. and/or other

consultants will constitute an agreement for obtaining professional,technical and specialized services that are temporary in nature and that it

is in the best interest of the Port to secure such services from YIELD

TECHNOLOGIES, INC. and/or other consultants without competitive bidding; and

be it


execution for and on behalf of the Board of said Supplemental Agreement(s),upon terms and conditions consistent with the Agenda Sheet and providing that

YIELD TECHNOLOGIES, INC. and/or other consultants shall be compensated for

such services including costs of miscellaneous reimbursable expenses at amaximum compensation that shall not exceed an additional amount disclosed tothe Board; and be it


not create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liability on thepart of the Board or any officer or employee of the Board. This resolutionapproves and authorizes the execution of an agreement in accordance with the

terms of this resolution. Unless and until a separate written agreement isduly executed on behalf of the Board as authorized by this resolution, issigned as approved as to form and legality by the Port Attorney, and isdelivered to other contracting party, there shall be no valid or effectiveagreement.

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At the special meeting held on May 26, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gordon, Uno, Yee and President Head - 5 Excused: Commissioners Gonzales and Lighty - 2 Noes: 0


5/26/11Item No.: 5.4JS/Ihr,yi

RESOLUTION APPROVINGREQUESTED BY FEDERAL EXPRESS

BUILDING PERMIT

and be it

RESOLVED that in reliance upon the representations andcertifications set forth upon and submitted with an application byFederal Express, (“tenant”) for permission to perform certain work at1 Sally Ride Way, Oakland, California, the Board of Port Commissioners(“Board”) hereby approves same subject to said representations andcertifications at an estimated cost of $42,000,000 for said work andthe conditions of Port approval including the following:

1) The work shall include construction of a new 95000 sq.ft. international sort building, 8000 sq. ft. utilitybuilding, upgrade of payment for 777 parking spot andother pavement improvements. Completed work shallinclude a 4000 sq. ft. security building, expansion ofsecond floor offices in existing sort building, andentrance gate modifications, as well as utilitymodifications to serve the new areas. This permitshall be given a five—year term before expiration andshall be subject to such other conditions of projectapproval as are deemed reasonably necessary for publichealth, safety, and welfare;

FURTHER RESOLVED that the Board hereby finds and determines thatthis project has been determined to be exempt from requirements of theCalifornia Environmental Quality Act (CEQA) pursuant to Section 15301,15302, 15303, and has also been analyzed under the 1997 ADP EIR/2003ADP SIER existing facilities; and be it

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FURTHER RESOLVED that (a) neither this resolution nor the Board’s

approval of said work (i) is a waiver by the Board of any Port right

or remedy with respect to applicant under any agreement between the

Port and the applicant or with respect to any obligation of applicant,or (ii) releases applicant from any obligation with respect to said

work or with respect to any agreement between the Port and applicant

and (b) this resolution is not evidence of and does not create or

constitute (i) a contract, or the grant of any right (other than to

perform the work subject to the provisions of this resolution),entitlement or property interest, or (ii) any obligation or liability


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I 05/26/11

j Tab 6.1MCRJarg


RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO

ACCEPT FEDERAL DEPARTMENT OF HOMELAND SECURITY GRANTS

FOR PORT-WIDE SECURITY SYSTEM RESILIENCY IMPROVEMENTSFOR IT NETWORK; AUTHORIZING THE EXECUTIVE DIRECTOR TO

ENTER INTO A SUBGRANTEE AGREEMENT WITH MARINE EXCHANGE

OF THE SAN FRANCISCO BAY AREA; AUTHORIZING THE

EXECUTIVE DIRECTOR TO ENTER INTO PROFESSIONAL SERVICES

AGREEMENTS BASED ON A FORMAL COMPETITIVE PROCESS; AND

AUTHORIZING THE EXECUTIVE DIRECTOR TO TAKE ALL ACTIONS

NECESSARY TO IMPLEMENT THE APPROVED SECURITY PROJECT.




therefore be it




in Agenda Report Tab No. 6.1 (“Agenda Report”), dated May 19, 2011, and


FURTHER RESOLVED that the Board hereby authorizes and directs the

Executive Director to accept federal port security grant funds from

the Department of Homeland Security/Office of Grants and Training F?

2009 Infrastructure Protection Plan, on behalf of said Board, and to

execute and submit all documents which may be necessary or convenient

to complete said application(s), in accordance with the

Agenda Report, and the Secretary of the Board is hereby authorized and

directed to attest to the execution of such grant application(s), if

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deemed necessary, when said Grant Offers are released, up to theamount of $1,856,742, provided, however, that such grant agreementsshall not be binding or enforceable against the Port unless and untilapproved in writing as to form and legality by the Port Attorney; andbe it

FURTHER RESOLVED that the Board hereby authorizes the ExecutiveDirector to enter into a subgrantee agreement with Marine Exchange ofthe San Francisco Bay Region which is serving as the Fiduciary Agentfor the federal grant program, provided, however, that such subgranteeagreement shall not be binding and enforceable against the Port unlessand until approved in writing as to form and legality by the PortAttorney; and be it

FURTHER RESOLVED that the Board hereby authorizes that thefederally—funded port security projects be included in the FY 2011—2012 and FY 2012-2013 Capital Budgets, in a total aggregate amount notto exceed $1,856,752, as more fully outlined in the Agenda Report; andbe it

FURTHER RESOLVED that based upon the information contained theAgenda Report, the Board hereby finds and determines that theproposed agreement(s) to perform Port—wide security system resiliencyimprovements for the IT network will constitute an agreement(s) forobtaining professional, technical and specialized services that aretemporary in nature; and be it

FURTHER RESOLVED that the Board hereby approves and authorizesthe Executive Director to execute for and on behalf of the Board of anagreement(s) with a consultant(s) selected from a formal competitivebidding process to perform such services, upon terms and conditionsconsistent with the Agenda Report and providing that the selectedConsultant(s) shall be compensated for such services, including costsof miscellaneous reimbursable expenses, at a maximum compensation that

shall not exceed a total aggregate amount of $200,000.00 for FY 2011-

2012; and be it






264500.v 1

in accordance with the terms of this resolution. Unless and until aseparate written agreement is duly executed on behalf of the Board asauthorized by this resolution, is signed and approved as to form andlegality by the Port Attorney, and is delivered to other contractingparty, there shall be no valid or effective agreement.

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5/26/11 ,,/6.2CT:mj


RESOLUTION APPROVING PERFORMANCE INCENTIVECOMPENSATION AND SALARY ADJUSTMENT OFARNEL ATIENZA, CHIEF AUDIT OFFICER.

WHEREAS the Board has reviewed and evaluated the Agenda Reportdated May 19, 2011, Item 6.2 (“Agenda Report”) and related materials,has received the expert testimony of Port staff, and has providedopportunities for and taken public comment; and be it

RESOLVED that based upon the information contained in the AgendaReport the Board of Port Commissioners hereby approves the performanceincentive compensation of $9,400.00 paid as a lump sum and anadditional four percent (4%) salary increase for a new base salary of$160,655.00, for ARNEL ATIENZA, Chief Audit Officer, effective January1, 2011; and be it


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At the special meeting held on May 26, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, Lighty, Uno and President Head - 6 Noes: Commissioner Yee

5/26/116.3CT:rnj


RESOLUTION APPROVING SALARY ADJUSTMENT OFSECRETARY OF THE BOARD.

WHEREAS the Board has reviewed and evaluated the Agenda Reportdated May 19, 2011, Item 6.3 (‘Agenda Report”) and related materials,has received the expert testimony of Port staff, and has providedopportunities for and taken public comment; and be it

RESOLVED that the salary for the classification of Secretary ofthe Board, be increased to $12,500 per month, effective January 1,2011; and be it


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At the special meeting held on May 26, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, Lighty, Uno and President Head - 5 Noes: Commissioners Uno and Yee - 2

June 2, 2011Closed SessionMH/lt


RESOLUTION APPROVING THE ACCEPThNCE OF ENVIRONMENTALINSURANCE RECOVERIES FROM CHARTIS SPECIALTY INSURANCEGROUP CONCERNING ENVIRONMENTAL CONTAMINATION INCERTAIN PORTIONS OF BERTH 57.

RESOLVED that the Board of Port Commissioners (“Board”) herebyapproves on behalf of the Board the acceptance of environmentalinsurance recoveries from Chartis Specialty Insurance Group concerningenvironmental contamination in certain portions of Berth 57; and be it


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At the regular meeting held on June 2, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, Uno, Yee and President Head - 6 Excused: Commissioner Lighty - 1 Noes: 0


06/02/11Tab 2.2MCR/arg,4)

AUTHORIZING THE DIRECTOR OF ENGINEERING TO APPROVE PROJECT

MANUAL FOR SHORE POWER SYSTEM COMMON UTILITY UPGRADE WORK

ASSOCIATED WITH THE PROVISION OF SHORE POWER; CALLING FOR

BIDS THEREFOR; AND AUTHORIZING THE EXECUTIVE DIRECTOR TO

AWARD A CONTRACT TO THE LOWEST RESPONSIBLE RESPONSIVE BIDDER;

IN AN AMOUNT NOT TO EXCEED $2,700,000.




therefore be it

RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record and


in Agenda Report Tab 2.2 (“Agenda Report”), dated June 2, 2011, and in

related agenda materials and in testimony received; and be it







is authorized to approve the plans and specifications for Shore Power

Common Utility System Upgrade 7 Street, Outer Harbor Terminals,

Oakland, California (“the project”) , in advance of construction,

pursuant to Government Code Section 830.6; and be it

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FURTHER RESOLVED that because this project will be funded withfederal funds, the provisions of the Maritime and Aviation Project LaborAgreement (“MAPLA”) do not apply to this initial portion of the ShorePower Program; and be it,

FURTHER RESOLVED that the Board hereby approves and authorizesthe Executive Director to award a contract to the lowest responsibleresponsive bidder, based upon the receipt of formal sealed bids, forShore Power Common Utility System Upgrade 7th Street, Outer HarborTerminals, Oakland, California, in a total aggregate amount not toexceed $2,700,000, upon terms and conditions consistent with saidAgenda Report subject to receipt of the grant funding; and be it

FURTHER RESOLVED that the Board hereby finds and determines thatin accordance with the requirements of the California EnvironmentalQuality Act (CEQA) and the Port CEQA Guidelines, it can be seen thatthere is no possibility that taking the recommended actions willresult in a physical change to the environment, and therefore nofurther environmental review is required. The general rule in Section15061(b) (3) of the CEQA Guidelines states that CEQA applies only toactivities that have a potential of causing a significant effect onthe environment; and be it

FURTHER RESOLVED that the Board hereby finds and determines thatit adopted the Final Initial Study/Negative Declaration for theMaritime Utilities Upgrade project on May 18, 2010, by Resolution No.10—56, and that the shore power construction project is consistentwith that project description, so no additional environmental analysisis required for award and execution of a contract to construct the

shore power facilities; and be it

FURTHER RESOLVED that pursuant to Port Ordinance 1606, Section 22,the Board finds and determines it to be in the Port’s best interest to




266407.v I



regulations and the contract specifications shall be taken for theexecution of said contract; and be it

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board.This resolution approves and authorizes the execution of a grantagreement in accordance with the terms of this resolution. Unless anduntil a separate written grant agreement is duly executed on behalf ofthe Board as authorized by this resolution, is signed and approved asto form and legality by the Port Attorney, and is delivered to othercontracting party, there shall be no valid or effective grantagreement; and be it

FURTHER RESOLVED that staff will make reports to the Board on the

results of the outreach efforts outlined in the Grant Assurances section

of the Agenda Report, to be included in the Quarterly Contract Award

status updates.

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At the regular meeting held on June 2, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Uno, Yee and President Head - 5 Excused: Commissioner Lighty - 1 Noes: Commissioner Gordon - 1


RESOLUTION APPROVING AND AUTHORIZING NEGOTIATIONAND EXECUTION OF CHANGE ORDER TO THE AMOUNT OFTHE CONTRACT WITH ST. FRANCIS ELECTRIC, INC.(LIC. NO. 335324) FOR SHORE POWER SYSTEMCONSTRUCTION, BERTHS 56, 57, AND 58, INNERHARBOR, OAKLAND, CALIFORNIA, IN THE AMOUNTCERTIFIED BY THE BOARD OF PORT COMMISSIONERS.

WHEREAS the Board of Port Commissioners (“Board”) has reviewed andevaluated agenda materials, has received the expert testimony of Portstaff, and has provided opportunities for and taken public conunent; now,therefore be it

RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab 2.2 (“Agenda Report”), dated June 2, 2011, and inrelated agenda materials and in testimony received; and be it

RESOLVED that pursuant to Port Ordinance No. 1606, Section5(i) (3) (iv), the Board of Port Commissioners (“Board”) hereby approvesand authorizes the Executive Director to negotiate and execute anadditive change order with St. Francis Electric, Inc. (Lic. No. 335324),under the contract for Shore Power System Construction, Berths 56, 57,and 58, Inner Harbor, Oakland, California, to perform select shore power

enhancements at Berths 56, 57, and 58, as outlined in the Agenda Report,provided, however, that said change order shall be in a formprepared by the Port Attorney and shall not be effective unless anduntil approved in writing by the Port Attorney; and be it

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FURTHER RESOLVED that the total amount of expenditures necessaryto complete the work shall not exceed the amount certified by theBoard; and be it

FURTHER RESOLVED that the provisions of the Maritime and AviationProject Labor Agreement (“MAPLA”) do not apply to this project; and beit

FURTHER RESOLVED that staff will make reports to the Board on theresults of the outreach efforts outlined in the Grant Assurances sectionof the Agenda Report, to be included in the Quarterly Contract Awardstatus updates.

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At the regular meeting held on June 2, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Uno, Yee and President Head - 5 Excused: Commissioner Lighty - 1 Noes: Commissioner Gordon - 1

BOARD OF PORT COMMJSSIONERSCITY OF OAKLAND

6/2/11Tab 6.2JS/Ihr

RESOLUTION APPROVING A SHORT TERM LICENSE ANDCONCESSION AGREEMENT WITH OAKTOWN JAZZWORKSHOPS FOR THE PREMISES LOCATED AT 55WASHINGTON STREET WITH A MONTHLY RENT OF $500.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated the Agenda Report for Item 6.2, dated June 2,2011 (herein the “Agenda Report”) and related agenda materials, hasreceived the expert testimony of Port staff, and has providedopportunities for and taken public comment; and

RESOLVED that the Board hereby approves a conditional shortterm License and Concession Agreement with Oaktown Jazz Workshops forpremises located at 55 Washington with a monthly rental of %500 asmore fully described in the Agenda Report subject to the terms andconditions including terminability set forth and discussed in theAgenda Report and authorizing the Executive Director or his designeeto execute any additional documents necessary to consummate thistransaction; and be it


has exercised its independent judgment based on substantial evidencein the record and adopts and relies upon the facts, data, analysis,and findings set forth in the Agenda Report and in related agendamaterials and in testimony received; and be it

FURTHER RESOLVED that the Board hereby finds and determines

that this project is categorically exempt from the requirements of theCalifornia Environmental Quality Act (CEQA) pursuant to the Port CEQAGuidelines, Section 15301, and exiting conditions; and be it

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and does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless anduntil a separate written agreement is duly executed on behalf of theBoard as authorized by this resolution, is signed and approved as toform and legality by the Port Attorney, and is delivered to the othercontracting party, there shall be no valid or effective agreement.

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At the regular meeting held on June 2, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gordon, Uno, Yee and President Head - 5 Abstained: Commissioner Gonzales - 1 Excused: Commissioner Lighty - 1 Noes: 0

6/2/11Item No.: 6.3JS/Ihr 4,


RESOLUTION APPROVING AN ASSIGNMENT OFTHE AIRPORT PUBLIC PARKING MANAGEMENT

CONTRACT WITH AMPCO SYSTEM PARKING

(“ANPCO”) AT THE OAKLAND INTERNATIONALAIRPORT.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated the Agenda Report Item 6.3 dated June 2, 2011(herein “Agenda Report”) and related agenda materials, has receivedthe expert testimony of Port staff, and has provided opportunities forand taken public comment;

RESOLVED that in acting upon this matter, the Board hasexercised its independent judgment based on substantial evidence in therecord and adopts and relies upon the facts, data, analysis, andfindings set forth in the Agenda Sheet, and in related agenda materialsand in testimony received; and be it

FURTHER RESOLVED that the Board approves the assignment ofthe airport public parking management contract to Ampco System parking(“Antpco”) at the Oakland International Airport as described in theAgenda Report, and, authorizes the Executive Director or his designeeto execute such agreements and such additional documents as may benecessary to carry out the assignment contemplated in the AgendaReport, provided that such documents are approved by the ExecutiveDirector or his designee and such; and be it

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FURTHER RESOLVED that this resolution is not evidence of anddoes not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. Unless and until a separate written agreement is approved as toform and legality by the Port Attorney, and is delivered to othercontracting parties, there shall be no valid or effective Assignment ofLease Agreement.

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At the regular meeting held on June 2, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, Uno, Yee and President Head - 6 Excused: Commissioner Lighty - 1 Noes: 0

06/16/11Closed SessionDLAILT


RESOLUTION AUTHORIZING AND APPROVING RETENTIONOF SPECIAL COUNSEL.

RESOLVED that the Board of Port Commissioners herebyratifies and approves the retention of WENDEL ROSEN BLACK & DEAN LLP,pursuant to the provisions of Section 6.05 of Port Ordinance No. 867,to render expert assistance and representation to the Port Attorney inconnection with the Katrina French matter discussed in the confidentialletter dated June 13, 2011; the compensation of and reimbursement for out-of pocket expenses incurred by said Special Counsel to be made from timeto time as approved by the Port Attorney.

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At the regular meeting held on June 16, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Uno, Yee and President Head - 5 Excused: Commissioners Calloway and Lighty - 2 Noes: 0

be it


06/16/11Tab No. 2.1DWC/LT

RESOLUTION AUTHORIZING AN AMENDMENT TO THEEXISTING RIGHT OF ENTRY AND INDEMNITY AGREEMENTWITH THE SAN FRANCISCO BAY AREA RAPID TRANSITDISTRICT (“BART”) FOR SEISMIC RETROFITIMPROVEMENTS TO BART COLUMN STRUCTURE AT 7TH ANDMARITIME STREETS EXTENDING THE TERM OF THEAGREEMENT TO DECEMBER 31, 2012.

WHEREAS the Board of Port Commissioners (“Board”) has reviewedand evaluated agenda materials, has received the expert testimony ofPort staff, and has provided opportunities for and taken publiccomment; now, therefore be it

RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the recordand adopts and relies upon the facts, data, analysis, and findings setforth in Agenda Report Tab 2.1 (“Agenda Report”), dated June 16, 2011,and in related agenda materials and in testimony received; and be it

RESOLVED that based upon the information contained in the AgendaReport, the Board hereby approves and authorizes an amendment to theexisting Right of Entry and Indemnity Agreement (“ROE”) with BART forSeismic Retrofit Improvements to the BART Column Structure at 7th andMaritime Streets, extending the term of the agreement to December 31,2012, upon terms and conditions consistent with the Agenda Report; and

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board.This resolution approves and authorizes the execution of an extensionto the ROE in accordance with the terms of this resolution. Unlessand until a separate written extension to the ROE is duly

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executed on behalf of the Board as authorized by this resolution, issigned and approved as to form and legality by the Port Attorney, andis delivered to other contracting party, there shall be no valid oreffective extension to the ROE.

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it

June 16, 2011

Me



SUPPLENENTAL AGREEMENT WITH HALCROW, INC. AT A MAXIMUM

COMPENSATION OF $50,000 FOR CONSULTING SERVICES

CONSTITUTES PROFESSIONAL, TECHNICAL AND SPECIALIZED

SERVICES THAT ARE TEMPORARY IN NATURE, WAIVING COM

PETITIVE BIDDING AND AUTHORIZING EXECUTION OF SAID

SUPPLEMENTAL AGREEMENT.


Commissioners (the “Board”) on March 6, 2007 and as amended by Resolution No.

10-70, adopted on June 22, 2010, the Board authorized an Agreement with

HALCROW, INC., for consulting services with respect to Strategic Security

Planning Services; and


Agreement to authorize the Executive Director of the Port to approve addi

tional work under said Agreement as set forth in the Board Agenda Report Item

No. 2.2, dated June 16, 2011 (herein the “Agenda Report”), and additional

compensation for such work; and


and related agenda materials, has received the expert testimony of Port

staff, and has provided opportunities for and taken public comment; and be



record and adopts and relies upon the facts, data, analysis, and findings

set forth in the Agenda Report and in related agenda materials and in

testimony received; and be it


proposed Second Supplemental Agreement with HALCROW, INC. will constitute an

agreement for obtaining professional, technical and specialized services that

are temporary in nature and that it is in the best interest of the Port to

secure such services from HALCROW, INC. without competitive bidding; and be

it

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FURTHER RESOLVED that the Board hereby approves and authorizesthe execution for and on behalf of the Board of said First SupplementalAgreement, upon terms and conditions consistent with the Agenda Sheet andproviding that HALCROW, INC. shall be compensated for such servicesincluding costs of miscellaneous reimbursable expenses at a maximumadditional compensation that shall not exceed $50,000 for fiscal year 2012;and be it


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6/16/11Item No.: 3.2CT/It


RESOLUTION OF THE BOARD OF PORT COMMISSIONERS OF THE CITYOF OAKLAND, STATE OF CALIFORNIA, AUTHORIZING THEPUBLICATION OF NOTICE AND THE HOLDING OF A PUBLIC HEARINGPURSUANT TO SECTION 147(f) OF THE INTERNAL REVENUE CODEOF 1986, AS AMENDED, IN CONNECTION WITH THE POTENTIALREFINANCING OF EXISTING OBLIGATIONS AND POTENTIALFINANCING OF CERTAIN PROJECTS.

WHEREAS, the Board of Port Commissioners of the City of Oakland

(the “Board”) has reviewed and evaluated the Agenda Report dated June16, 2011, Item No. 3.2 (“Agenda Report”) and related materials, hasreceived the expert testimony of Port staff, and has providedopportunities for and taken public comment; and

WHEREAS, the City of Oakland (the “City”), State of California,is a chartered city duly organized and existing under and pursuant tothe provisions of the Constitution of the State of California and theCharter of the City (the “Charter”); and

WHEREAS, the Board is a duly constituted department of the Cityand has exclusive control, management, supervision and jurisdiction ofthe Port Department of the City, the Port of Oakland and the Port Areaof the City, and is the governing body of said Port Department, Portof Oakland and Port Area, all as provided for and defined in ArticleVII of the Charter; and

WHEREAS, the Board intends to issue certain Refunding RevenueBonds, Revenue Bonds and/or Commercial Paper Notes (collectively, the“Obligations”) pursuant to Article VII of the Charter, to providefinancing for various elements of the Port’s capital program; and

WHEREAS, certain of the Obligations are expected to constitutetax-exempt “private activity bonds” subject to Section 147(f) of theInternal Revenue Code of 1986, as amended (the “Code”), the issuanceof which Obligations must be approved by a qualifying elected

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representative of the issuing governmental unit after a public hearingfollowing reasonable public notice; and

WHEREAS, the Board now wishes to authorize and approve suchpublic hearing and notice; and be it

RESOLVED, by the Board of Port Commissioners of the City ofOakland:

Section 1. Public Hearing. The holding of a public hearingwith respect to the Obligations required by Section 147(f) of theInternal Revenue Code of 1986, as amended, is hereby authorized andapproved. The Chief Financial Officer, Director of Finance, Manager,Financing Planning or any one of them (collectively, the “AuthorizedOfficers”) are hereby authorized and directed to oversee and conductthe public hearing on such date as they may determine and, thereafter,to forward to the Mayor of the City a summary of such hearing, with arequest that she approve the issuance of the Obligations as the City’schief elected representative in accordance with Section 147 (f) of theCode.

Section 2. Publication of Notice. Each of the AuthorizedOfficers is hereby authorized and directed to cause a notice of thepublic hearing to be published, in accordance with Section 147(f) ofthe Code, at least once in the Oakland Tribune, or in such othernewspaper of general circulation printed and published within theboundaries of the City as they deem appropriate, and in such form asthey shall approve, at least 15 calendar days prior to the proposedpublic hearing date.

Section 3. Effective Date of Resolution. This Resolution shalltake effect from and after its passage and approval.

FURTHER RESOLVED, that in acting upon the matters containedherein, the Board has exercised its independent judgment based onsubstantial evidence in the record and adopts and relies upon thefacts, data, analysis, and findings set forth in the Agenda Report andin related materials and in testimony received.

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6/16/11Item No. 5.2JS/Ihr


RESOLUTION APPROVING BUILDING PERMIT

REQUESTED BY SOUTHWEST AIRLINES.

RESOLVED that in reliance upon the representations andcertifications set forth upon and submitted with an application byCITY OF OAKLAND, (“tenant”) Zor permission to perform certain work atEdgewater Drive and Hegenberger Road, Oakland, California, the Boardof Port Commissioners (“Board”) hereby approves same subject to saidrepresentations and certifications at an estimated cost of $25,000,said work and applicable conditions of Port approval including thefollowing:

1) Installation of steel, fall protection platformsituated around the trash and recycling compactorslocated at Southwest Airlines’ Provisioning Facilityon the South Field of the Oakland InternationalAirport. The platform will have two positions fortransfer to trash and recycling from trucks to thedumpsters;

and be it

FURTHER RESOLVED that the Board hereby finds and determines thatthis project has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act (CEQA)pursuant to Class 1, Section 15301 of CEQA Guidelines; be it

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Port and the applicant or with respect to any obligation of applicant,

or (ii) releases applicant from any obligation with respect to said






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At the regular meeting held on June 16, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Yee and President Head - 4 Excused: Commissioners Calloway, Lighty and Uno - 3 Noes: 0


6/16/11Item No.: 6.1CT/It

RESOLUTION APPROVING AND RATIFYING EMPLOYEE’SPARTICIPATION IN THE PERMANENT EMPLOYEES ON TEMPORARYASSIGNMENT (PETA) PROGRAN.

WHEREAS, the Board of Port Commissioners (“Board”) has reviewedand evaluated the Agenda Report dated June 16, 2011, Item No. 6.1(“Agenda Report”) and related materials, has received the experttestimony of Port staff, and has provided opportunities for and takenpublic comment; and

RESOLVED that the Board hereby approves and ratifies theparticipation of Employee No. 384891 in the Permanent Employees onTemporary Assignment (PETA) Program, effective June 16, 2011 throughJune 15, 2012; and be it

FURTHER RESOLVED, that in acting upon the matters containedherein, the Board has exercised its independent judgment based onsubstantial evidence in the record and adopts and relies upon thefacts, data, analysis, and findings set forth in the Agenda Report andin related materials and in testimony received.

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At the regular meeting held on June 16, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Yee and President Head - 4 Excused: Commissioners Calloway, Lighty and Uno - 3 Noes: 0


RESOLUTION APPROVING AND AUTHORIZING TO ENTERINTO A PREDEVELOPMENT AGREEMENT WITH PROLOGIS,INC., CALIFORNIA CAPITAL AND INVESTMENT GROUP,CALIFORNIA CAPITAL GROUP, INDUSTRIAL RAILWAYSCOMPANY AND PETER STONE FOR THE LONG TERMLEASE AND DEVELOPMENT OF THE FORMER OAKLANDARMY BASE.

06/30/11Item No. 2.1DC/It

dAAIr/

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated Agenda Report Item 2.1 (“Agenda Report”), datedJune 30, 2011 and related agenda materials, has received the experttestimony of Port staff, and has provided opportunities for and takenpublic comment;

RESOLVED that the Board hereby authorizes the execution forand on behalf of the Board a Predevelopment Agreement with Prologis,Inc., California Capital and Investment Group, California CapitalGroup, Industrial Railways Company and Peter Stone for the Long TermLease and Development of the Former Oakland Army Base as more fullydescribed in the Agenda Report. The Predevelopment Agreement shall bein the form of the Predevelopment Agreement presented to the Board onJune 30, 2011, copies of which were available for public inspection atthe Board meeting on June 30, 2011, with the following modifications:

1. Modify clause (c) of the second to last sentenceof Section 1.00 as follows: “(c) terminate thisAgreement.” and

2. Modify the proviso in the last six lines ofSection 3.00 as follows: “provided, however, inthe event that the Port and Developer reachsubstantial agreement on the essential terms ofthe Transaction Documents by January 6, 2012, butthe Port Board has not yet taken a final actionto approve or disapprove the TransactionDocuments, then this Agreement shall beautomatically extended until the earlier of thedate that the Port Board considers and acts onthe final form of the Transaction Documents orJanuary 31, 2012;

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and be it

FURTHER RESOLVED that the Board hereby finds and determinesthat entering into a Pre—Development Agreement for the long term leaseand development of the former Oakland Army Base was reviewed inaccordance with the requirements of the California EnvironmentalQuality Act (“CEQA”) and the Port CEQA Guidelines. The general rulein Section 15061 (b) (3) of the CEQA Guidelines states that CEQAapplies only to activities that have a potential for causing asignificant effect on the environment. It can be seen with certaintythat there is no possibility that authorizing the Executive Directorto enter into an agreement will result in physical change in theenvironment, and therefore this action is not a project under CEQA;and


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At the special meeting held on June 30, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, Uno, Yee and President Head - 6 Excused: Commissioner Lighty - 1 Noes: 0

6/30/11Tab No.: 2.DC/LT cLL4f—


RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TOENTER INTO A COST SHARING AGREEMENT WITH THEOAKLAND REDEVELOPMENT AGENCY AND THE CITY OFOAKLAND FOR DEVELOPMENT OF THE FORMER OAKLAND ARMYBASE.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated Agenda Report Item 2.2 (“Agenda Report”), datedJune 30, 2011 and related agenda materials, has received the experttestimony of Port staff, and has provided opportunities for and takenpublic comment;

RESOLVED that the Board hereby authorizes the execution forand on behalf of the Board a Cost Sharing Agreement with the OaklandRedevelopment Agency (“ORA”) and the City of Oakland for thedevelopment of the former Oakland Army Base as more fully described inthe Agenda Report; and be it

FURTHER RESOLVED that the Board hereby finds and determinesas follows:

(1) On April 29, 2011, the Board passed resolution 11—52,authorizing the Executive Director to negotiate a cost sharingagreement, and return to the Board for final approval. Port staff andORA staff have completed these negotiations and are simultaneouslyrecommending the Board and City Council agree to enter into thiscontract; and

(2) Authorization to enter into agreement with OaklandRedevelopment Agency and the City of Oakland has been determined exemptfrom the requirements of the California Environmental Quality Act(“CEQA”), pursuant to CEQA Guidelines, Section 15061 (b) (3) (“thegeneral rule”) states that CEQA applies only to projects which havethe potential for causing a significant effect on the environment.Where it can be seen with certainty that there is no possibility thatthe activity may have a significant effect on the environment, theactivity is not subject to CEQA. It can be seen with certainty thatauthorizing the Executive Director to enter into a Cost Sharing

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Agreement ORA and the City of Oakland for development of the formerOakland Army Base will have no environmental effects. Authorizingthose agreements, therefore, is not a project under CEQA and noadditional environmental review is required at this time.

FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution ofagreements in accordance with the terms of this resolution. Unlessand until agreements are duly executed on behalf of the Board asauthorized by this iesolution, are signed and approved as to form andlegality by the Port Attorney, and are delivered to the othercontracting party, there shall be no valid or effective agreements.

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6/30/11 —r31(CT/mi

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RESOLUTION APPROVING THE ANNUAL OPERATINGND CAPITAL BUDGETS FOR THE FISCAL YEAR2011—2012.

WHEREAS, there has been presented to the Board of PortCoinmissioriers (“Board”) a proposed Operating Budget for the FiscalYear 2011—2012 (the “FY 12 Operating Budget”) and a proposed CapitalBudget for the Fiscal Year 2011—2012 (the “FY 12 Capital Budget”) asset forth in the Budget Summary presented to the Board on June 30,2011;

WHEREAS, the Board has reviewed and evaluated the Agenda Reportdated June 30, 2011, Item 3.1 (“Agenda Report”) and related agendamaterials, has received the expert testimony of Port staff, and hasprovided opportunities for and taken public comment;

NOW, THEREFORE, BE IT RESOLVED that the Board hereby approves theFY 12 Operating Budget, and hereby authorizes the payment of operatingexpenses, interest expenses and other expenses, and the payment of debtservice of the Port as described in the Budget Summary; subject, as maybe appropriate, to subsequent Board authorization of particularcontracts for certain of such expenditures, as required by PortOrdinance 1606, the Charter of the City of Oakland and otherrequirements of the Board; and further subject, with respect to LakeMerritt and General Services payments to the City of Oakland, to theBoard’s declaration of a sufficient surplus, pursuant to applicableprovisions of the City of Oakland City Charter and/or approval andexecution of any necessary amendments to a memorandum of understandingor other agreement with the City of Oakland, as well as receipt by thePort of sufficient documentation to make such payments; and be it

FURTHER RESOLVED, that the Board hereby approves the FY 12 CapitalBudget in the total amount of $85.6 million; subject, as may beappropriate, to subsequent Board authorization of particular contractsfor certain of such expenditures, as required by Port Ordinance 1606,the Charter of the City of Oakland and other requirements of the Board;and, be it

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FURTHER RESOLVED, that the Board hereby directs Port staff tosubmit to the Board monthly variance reports with respect to the FY 12Operating Budget and quarterly variance reports with respect to the FY12 Capital Budget; and be it

FURTHER RESOLVED, that the Board hereby authorizes the ExecutiveDirector to take all necessary and appropriate actions to carry outthe above actions; and be it

FURTHER RESOLVED, that in acting upon the matters containedherein, the Board has exercised its independent judgment based onsubstantial evidence in the record and adopts and relies upon thefacts, data, analysis, and findings set forth in the Agenda Report andin related agenda materials and in testimony received.

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06/30/11Tab 6.1MCR!arg


RESOLUTION FINDING AND DETERMINING THAT IT

IS IN THE BEST INTEREST OF THE PORT TOCONTRACT FOR BUS FLEET MAINTENANCE SERVICEWITHOUT STANDARD COMPETITIVE BIDDING;

AUTHORIZING A SIX MONTH EXTENSION FROM JULY

1, 2011 THROUGH DECEMBER 31, 2011, TO THE

CONTRACTS FOR BUS FLEET MAINTENANCE WITHPENSKE TRUCK LEASING COMPANY (PENSKE) ANDKELLY’S TRUCK REPAIR (KELLY’S); ANDAPPROVING AN INCREASE TO THE FISCAL YEAR

2010-2011 SPENDING AUTHORIZATION IN A TOTALAGGREGATE AMOUNT NOT TO EXCEED $75,000 FORPENSKE AND $58,000 FOR KELLY’S.


reviewed and evaluated the Agenda Report Tab 6.1, dated June 30, 2011(herein “Agenda Report”) and related agenda materials, has receivedthe expert testimony of Port staff, and has provided opportunities forand taken public comment;




and findings set forth in the Agenda Sheet, and in related agendamaterials and in testimony received; and be it

FURTHER RESOLVED that based upon the information containedin the Agenda Report, the Board hereby finds and determines that it isin the best interests of the Port to contract for Bus Fleet

Maintenance Service, without standard bidding procedures, described in

Section 5 of Port Ordinance 1606, and that said standard biddingprocedures are hereby waived; and be it

FURTHER RESOLVED that the Board authorizes a six (6) month

extension from July 1, 2011 through December 31, 2011, to thecontracts with both PENSKE and KELLY’S; and be it

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FURTHER RESOLVED that the Board approves and authorizes the

a spending authorization increase to the contract with PENSKE in the

amount of $75,000 for Fiscal Year 2010—2011, and contractauthorization for Fiscal Year 2011—2012 of $175,000; and be it


a spending authorization increase to the contract with KELLY’S in the

amount of $58,000 for Fiscal Year 2010—2011, and contractauthorization for Fiscal Year 2011—2012 of $165,000; and be it











agreement(s)

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RESOLUTION APPROVING BUILDING PERMITREQUESTED BY TRAPAC.

7/7/ilItem No.: 5.1JS/Ihr

received.

and be it

WHEREAS in acting upon this matter, the Board has exercised itsindependent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin the Agenda Report and in related agenda material and in testimony

WHEREAS this project is covered by Berth 32—33 WharvesRehabilitation initial study and negative declaration, approved byResolution No. 03010, dated January 21, 2003, and First Addendum,approved by Resolution No. 04312, dated November 2, 2004.

RESOLVED that, upon reliance of the representations andcertifications set forth and submitted with an application by TRAPAC(“tenant”) for permission to perform specified work located at 2800 7th

Street, Berth 30, Oakland, California, estimated to cost $250,000, andupon consideration of the character, nature, size, and location of theproposed improvement, the Board of Port commissioners (“Board”) herebyapproves a Building Permit for said work, subject to saidrepresentations, said certifications, and such conditions of projectapproval the Port may deem commensurate, including the followingconditions:

1) Modification to entry gate at Terminal to add 2 lanes,expanding from 4 to 6 lanes. The work includesmodification to some pavement, relocation of concretebarriers, new striDing, intallation of new scales andOCR equipment, and other related work;

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FURTHER RESOLVED that (a) neither this resolution nor the Board’sapproval of said work (i) is a waiver by the Board of any Port right orremedy with respect to applicant under any agreement between the Portand the applicant or with respect to any obligation of applicant, or(ii) releases applicant from any obligation with respect to said work orwith respect to any agreement between the Port and applicant and (b)this resolution is not evidence of and does not create or constitute(i)a contract, or the grant of any right (other than to perform the worksubject to the provisions of this resolution), entitlement or propertyinterest, or (ii) any obligation or liability on the part of the Boardor any officer or employee of the Board.

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At the regular meeting held on July 7, 2011 Passed by the following vote: Ayes: Commissioners Calloway, Gonzales, Gordon, Lighty, Uno, Yee and President Head - 7 Noes: 0


07/07/11Item No., 6.1JS/Ihr 4f

RESOLUTION APPROVING AN ASSIGNMENT OF VARIOUS

GROUND LEASES AND RELATED AGREEMENTS IN JACK

LONDON SQUARE.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated the Agenda Report Item 6.1 dated July 7, 2011(herein “Agenda Report”) and related agenda materials, has receivedthe expert testimony of Port staff, and has provided opportunities forand taken public comment;

RESOLVED that in acting upon this matter, the Board hasexercised its independent judgment based on substantial evidence in therecord and adopts and relies upon the facts, data, analysis, andfindings set forth in the Agenda Sheet, and in related agenda materialsand in testimony received; and be it

FURTHER RESOLVED that the Board approves the assignment ofthe Parcel G Ground Lease and related Agreements in Jack London Squareas described in the Agenda Report, and, authorizes the ExecutiveDirector or his designee to execute such agreements and such additionaldocuments as may be necessary to carry out the assignment contemplatedin the Agenda Report, provided that such documents are approved by theExecutive Director or his designee and such documents are approved bythe Port Attorney as to form and legality, and that the approval bevalid for no longer than 90 days from the date of board authorization,and that if the requested assignments are not fully executed by thatdate such approval shall be null and void unless further extended atthe sole and absolute discretion of the Executive Director or hisdesignee; and be it

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FURTHER RESOLVED that this resolution is not evidence of anddoes not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. Unless and until a separate written agreement is approved as toform and legality by the Port Attorney, and is delivered to othercontracting parties, there shall be no valid or effective Assignment ofLease Agreement.

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AUTHORIZING THE DIRECTOR OF ENGINEERING TO APPROVE PROJECT

MANUAL FOR RECONSTRUCTION OF APRON BETWEEN HANGARS 1 AND 2,

NORTH FIELD, OAKLAND INTERNATIONAL AIRPORT, OAKLAND,

CALIFORNIA; CALLING FOR BIDS THEREFOR; AND AUTHORIZING THE

EXECUTIVE DIRECTOR TO AWARD A CONTRACT TO THE LOWEST

RESPONSIBLE RESPONSIVE BIDDER; IN AN AMOUNT NOT TO EXCEED

$400,000.




therefore be it

RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab 6.2 (“Agenda Report”), dated July 7, 2011, and inrelated agenda materials and in testimony received; and be it







is authorized to approve the plans and project manual for Reconstruction

of Apron Between Hangars 1 and 2, North Field, Oakland International

Airport, Oakland, California (“the project”), in advance of


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FURTHER RESOLVED the provisions of the Maritime and AviationProject Labor Agreement (“MAPLA”) apply to this project; and be it,

FURTHER RESOLVED that the Board hereby approves and authorizesthe Executive Director to award a contract to the lowest responsibleresponsive bidder, based upon the receipt of formal sealed bids, forReconstruction of Apron Between Hangars 1 and 2, North Field, OaklandInternational Airport, Oakland, California, in a total aggregateamount not to exceed $400,000, upon terms and conditions consistentwith said Agenda Report subject to receipt of the grant funding; andbe it

FURTHER RESOLVED that the Board hereby finds and determines thatthis project is categorically exempt from the California EnvironmentalQuality Act (CEQA) and Port CEQA Guidelines pursuant to Section 15301(d), which addresses repair, maintenance, or minor alteration toexisting public or private structures, facilities, mechanicalequipment, or topographical features, involving negligible or noexpansion of use beyond that existing at the time of the lead agency’sdetermination, and Section 15302 (c), replacement or reconstruction ofexisting utility systems and/or facilities involving negligible or noexpansion; and be it



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07/07/11Tab 6.3MCR/a rg

RESOLUTION APPROVING AND AUTHORIZING THE PROJECT BUDGETOF $3,370,000 FOR TAXIWAYS W AND U PAVEMENT IMPROVEMENTPROGRAM, SOUTH FIELD, OAKLAND INTERNATIONAL AIRPORT;AUTHORIZING THE DIRECTOR OF ENGINEERING TO APPROVEPLANS AND PROJECT MANUAL; CALLING FOR BIDS THEREFORE;AUTHORIZING THE EXECUTIVE DIRECTOR TO AWARD A CONTRACTTO THE LOWEST RESPONSIBLE, RESPONSIVE BIDDER, SUBJECTTO RECEIPT OF FEDERAL AVIATION ADMINISTRATION (“FAA”)GRANT FUNDING, IN AN AMOUNT NOT TO EXCEED $2,300,000.


WHEREAS on January 18, 2011, pursuant to Resolution No. 11-14 theBoard approved and authorized the project budget, authorized theDirector of Engineering to approve the plans and project manualauthorized advertisement for bids, and authorized the Executive Directorto award a contract to the lowest responsible responsive bidder; nottherefore be it


FURTHER RESOLVED that based upon the information contained in theAgenda Report, the Board hereby finds and determines chat it is in thebest interest of the Port to approve an increase to the budgetauthorization for fiscal year 2010-11, for Taxiways W and U PavementImprovement Program, South Field, Oakland International Airport,Oakland, California AlP 3—06-0170(Future) in a total aggregate amountnot to exceed $$4,195,000; and

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FURTHER RESOLVED that pursuant to Section 5e of Port OrdinanceNo. 1606 the time within which a contract may be let to the lowestresponsible responsive bidder after bid opening is hereby extendedfrom 60 to 90 days;

FURTHER RESOLVED that the Board hereby approves and authorizes anincrease to the Executive Director’s authority to award a contract tothe lowest responsible, responsive bidder, based upon the receipt offormal sealed bids, for Taxiways W and U Pavement Improvement Program,South Field, Oakland International Airport, Oakland, California AlP 3-06—0170 (Future), in an amount not to exceed $2,800,000, subject toreceipt of the Federal Aviation Administration (FAA) grant funding,provided, that if the lowest responsible responsive bid exceeds theestimated budgeted amount, Staff will return to the Board for award ofthe contract; and be it

FURTHER RESOLVED that if approved by the FAA, the Board authorizesacceptance of additional AlP grant funding, up to a maximum of$1,000,000, and authorizes the project budget to utilize the additionalAlP grant funding up to a maximum of $5,195,000; and be it

FURTHER RESOLVED subject to acceptance of additional AlP grantfunding, up to $1,000,000, the Board authorizes an further increase tothe Executive Director’s authority to award a contract in an amount notto exceed $3,600,000, if said additional funding is approved by the FAAprior to the bid opening; and be it

FURTHER RESOLVED that if additional AlP grant funding is notapproved by the FAA prior to bid opening, the Executive Director isauthorized to approve and execute additional change order(s) in anaggregate amount not to exceed $3,600,000; and be it

FURTHER RESOLVED that the Executive Director is hereby authorizedand directed to accept additional AlP grant funding on behalf of saidBoard, and the Secretary is hereby authorized and directed to attestto the execution of the grant or grant acceptance, if deemednecessary, when said Grant Offers are released by the FAA up to theamount of approximately $4,190,000; and be it

FURTHER RESOLVED the provisions of the Maritime and AviationProject Labor Agreement (MAPLA) do not apply to this project; and beit,

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board.This resolution approves and authorizes the execution of a grantagreement in accordance with the terms of this resolution. Unless anduntil a separate written grant agreement is duly executed on behalf of

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the Board as authorized by this resolution, is Signed and approved asto form and legality by the Port Attorney, and is delivered to othercontracting party, there shall be no valid or effective grantagreement.

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RESOLUTION APPROVING AND AUTHORIZINGSETTLEMENT CONCERNING THE CLAIM OF ROBERTBORROMEO.

RESOLVED that the Board of Port Conirnissioners (“Board”)hereby approves and authorizes the Executive Director to execute forand on behalf of the Board any and all settlement and releasedocuments with Robert Borromeo concerning the government code claimpresented on May 26, 2010.

FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless anduntil a separate written agreement is duly executed on behalf of theBoard as authorized by this resolution, is signed as approved as toform and legality by the Port Attorney, and is delivered to othercontracting party, there shall be no valid or effective agreement.

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RESOLUTION DECLARING ELECTION OF OFFICERS OF THEBOARD OF PORT COMMISSIONERS.

RESOLVED that after an election of officers of this Boardheld pursuant to its By—Laws, at the regular meeting of July 7, 2011the following officers to wit:

Pamela GallowayGilda GonzalesJames Head

PresidentFirst Vice PresidentSecond Vice President

hereby are declared to have been and are duly elected to serve in thecapacities indicated, effective July 21, 2011, and until theirsuccessors are elected by the Board.

July 21, 2011DLA/LT

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it

July 21, 20112.3MCR/jt—,

/f4


RESOLUTION. FINDING AND DETERMINING THAT PROPOSEDSUPPLEMENTAL AGREEMENT (S) WITH YIELD TECHNOLOGIES,INC. CSS INTERNATIONAL, HITACHI CONSULTING

CORP./SIERRA ATLANTIC AND/OR OTHER CONSULTANTS FOR (A)AN ADDITIONAL MAXIMUM COMPENSATION DISCLOSED TO THEBOARD OF PORT COMMISSIONERS AND (B) TEMPORARYSTAFFING AGENCIES FOR A MAXIMUM COMPENSATION OF

$500,000; FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDING ANDAUTHORIZING EXECUTION OF SAID SUPPLEMENTAL AGREEMENT(S).

WHEREAS by Resolution No. 09102, adopted by the Board of PortCommi,ssioners (the “Board”) on February 3, 2009, and as amended by the Firstand Second Supplemental Agreements as authorized by Resolution No. 10-115adopted on July 7, 2009 and Resolution No. 11—32, adopted on March 29, 2011,the Board authorized an Agreement with YIELD TECHNOLOGIES, INC., forimplementation and support consulting services with respect to the Port’sEnterprise Resource Planning (“ERP”) system; and

WHEREAS it is desirable at this time to authorize the ExecutiveDirector of the Port to approve additional work for ERP support and relatedservices as more fully set forth in the Board Agenda Report Item No. 2.1,dated May 26, 2011 (herein the “Agenda Report”), and additional compensationfor such work; and

WHEREAS the Board has reviewed and evaluated the Agenda Reportand related agenda materials, has received the expert testimony of Portstaff, and has provided opportunities for and taken public comment; and be


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RESOLVED that the Board hereby finds and determines that proposedAgreement(s) with YIELD TECHNOLOGIES, INC., HITACHI CONSULTING CORP./SIERRAATLANTIC, CSS INTENATIONAI. and/or other consultants will constituteagreements for obtaining professional, technical and specialized servicesthat are temporary in nature and that it is in the best interest of the Portto secure such services from YIELD TECHNOLOGIES, INC., HITACHI CONSULTINGCORP./SIERRA ATLANTIC, CSS INTERNATIONAL and/or other consultants withoutcompetitive bidding; and be it

FURTHER RESOLVED that the Board hereby approves and authorizes theexecution for and on behalf of the Board of said Agreement(s), upon terms andconditions consistent with the Agenda Sheet and providing that YIELDTECHNOLOGIES, INC., HITACHI CONSULTING CORP./SIERRA ATLANTIC, CSSINTERNATIONAL and/or other consultants shall be compensated for such servicesincluding costs of miscellaneous reimbursable expenses at a maximumcompensation that shall not exceed an additional amount disclosed to theBoard; and be it

FURTHER RESOLVED that the Board hereby approves and authorizes theExecutive Director to enter into supplemental agreements with temporarystaffing agencies for temporary Oracle business analyst services in an amountnot to exceed $500,000 and that such agreements for obtaining professional,technical and specializes services are temporary in nature and that it is inthe best interest of the Port to secure such services from temporary staffingagencies without competitive bidding; and


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At the regular meeting held on July 21, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Lighty, Uno, and Yee - 6 Excused: President Calloway - 1 Noes: 0

a A July 21, 2011

CT/mj


RESOLUTION ELECTING TO ESTABLISH A HEALTH BENEFITVESTING REQUIREMENT FOR FUTURE RETIREES UNDER THEPUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT.

WHEREAS, Government Code 22893 provides that a local agencycontracting under the Public Employees’ Medical and Hospital Care Act(the “Act”) may amend its resolution to provide a post retirementvesting reguirement to employees who retire for service; and

WHEREAS, the City of Oakland, acting by and through its Board ofPort Commissioners, is a local agency contracting under the Act forparticipation by members of Medical Group 008 (Western Council ofEngineers (Unit C)); and

WHEREAS, the City of Oakland, acting by and through its Board ofPort Commissioners, certifies that these employees are represented bya bargaining unit and are subject to a memorandum of understanding;and

WHEREAS, the credited service for purposes of determining thepercentage of employer contributions shall mean service as defined inSection 20069, except that not less than five years of that serviceshall be performed entirely with the City of Oakland; and

WHEREAS, the contribution for active employees cannot be lessthan what is defined in Section 22892 (b); and

WHEREAS, the City of Oakland, acting by and through its Board ofPort Commissioners, has reviewed and evaluated the Agenda Report datedJuly 21, 2011, Item 4.2 (“Agenda Report”) and related materials, hasreceived the expert testimony of Port staff, and has providedopportunities for and taken public comment.

NOW, THEREFORE BE IT RESOLVED that the employer’s contributionfor each retired employee first hired on or after the effective dateof this resolution shall be the amount necessary to pay the full costof his/her enrollment, including the enrollment of eligible family

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members, in the Kaiser Foundation Health Plan, Inc. for the NorthernCalifornia region, at the family rate, plus Administrative fees andContingency Reserve Fund, but not more than 100 percent of the premiumapplicable to him or her, nor less than 100 percent of the weightedaverage of the health benefits plan premiums for employees orannuitants enrolled for self alone plus 90 percent of the weightedaverage of the additional premiums required for enrollment of familymembers in the four health benefits plans that have the largest numberof enrollments; and be it

FURTHER RESOLVED that the percentage of employer contributionpayable for post retirement health benefits for each retired employeeshall be based on the employee’s completed years of credited servicebased upon Government Code Section 22893; plus administrative fees andContingency Reserve Fund assessments; and be it

FURTHER RESOLVED, that the City of Oakland, acting by and throughits Board of Port Commissioners, has fully complied with any and allapplicable provisions of Government Code Section 7507 in electing thebenefits set forth above; and be it

FURTHER RESOLVED, that these resolutions shall be effective onthe first day of any month if date stamped as received in the officeof the Board of Administration, Public Employees’ Retirement System,400 Q Street, P.O. Box 942714, Sacramento, CA 94229-2714, by no laterthan the l0 of the prior month (assuming receipt by August 10, 2011,the resolutions will be effective September 1, 2011); and be it

FURTHER RESOLVED that in acting upon the matters containedherein, the City of Oakland, acting by and through its Board of PortCommissioners, has exercised its independent judgment based onsubstantial evidence in the record and adopts and relies upon thefacts, data, analysis, and findings set forth in the Agenda Report andin related materials and in testimony received.

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At the regular meeting held on July 21, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Lighty, Uno, Yee and President Calloway - 7 Noes: 0

July 21, 2011

CT/mj


RESOLUTION ELECTING TO ESTABLISH A HEALTH BENEFITVESTING REQUIREMENT FOR FUTURE RETIREES UNDER THEPUBLIC EMPLOYEES’ MEDICAL ND HOSPITAL CARE ACT.

WHEREAS, Government Code 22893 provides that a local agencycontracting under the Public Employees’ Medical and Hospital Care Act(the “Act”) may amend its resolution to provide a post retirementvesting requirement to employees who retire for service; and

WHEREAS, the City of Oakland, acting by and through its Board ofPort Commissioners, is a local agency contracting under the Act forparticipation by members of Medical Group 009 (the InternationalFederation of Professional and Technical Engineers, Local 21 (Units I,K and L) and unrepresented in Employment Units H (Senior Management),J (Professional/Attorneys) and M (Labor Relations Staff)); and

WHEREAS, the City of Oakland, acting by and through its Board ofPort Commissioners, certifies that (1) certain employees of MedicalGroup 009 (the International Federation of Professional and TechnicalEngineers, Local 21 (Units I, K and L) are represented by a bargainingunit and are subject to a memorandum of understanding, and certainemployees of Medical Group 009 (unrepresented in Employment Units H(Senior Management), J (Professional/Attorneys) and M (Labor RelationsStaff)) are not represented by a bargaining unit and there is noapplicable memorandum of understanding; and

WHEREAS, the credited service for purposes of determining thepercentage of employer contributions shall mean service as defined inSection 20069, except that not less than five years of that serviceshall be performed entirely with the City of Oakland; and

WHEREAS, the contribution for active employees cannot be lessthan what is defined in Section 22892(b); and

WHEREAS, the City of Oakland, acting by and through its Board ofPort Commissioners, has reviewed and evaluated the Agenda Report datedJuly 21, 2011, Item 4.2 (“Agenda Report”) and related materials, hasreceived the expert testimony of Port staff, and has providedopportunities for and taken public comment.

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NOW, THEREFORE BE IT RESOLVED that the employer’s contributionfor each retired employee first hired on or after the effective dateof this resolution shall be the amount necessary to pay the full costof his/her enrollment, including the enrollment of eligible familymembers, in the Kaiser Foundation Health Plan, Inc. for the NorthernCalifornia region, at the family rate, plus Administrative fees andContingency Reserve Fund, but not more than 100 percent of the premiumapplicable to him or her, nor less than 100 percent of the weightedaverage of the health benefits plan premiums for employees orannuitants enrolled for self alone plus 90 percent of the weightedaverage of the additional premiums required for enrollment of familymembers in the four health benefits plans that have the largest numberof enrollments; and be it

FURTHER RESOLVED that the percentage of employer contributionpayable for post retirement health benefits for each retired employeeshall be based on the employee’s completed years of credited servicebased upon Government Code Section 22893; plus administrative fees andContingency Reserve Fund assessments; and be it

FURTHER RESOLVED, that the City of Oakland, acting by and throughits Board of Port Commissioners, has fully complied with any and allapplicable provisions of Government Code Section 7507 in electing thebenefits set forth above; and be it

FURTHER RESOLVED, that these resolutions shall be effective onthe first day of any month if date stamped as received in the officeof the Board of Administration, Public Employees’ Retirement System,400 Q Street, P.O. Box 942714, Sacramento, CA 94229-2714, by no laterthan the lO of the prior month (assuming receipt by August 10, 2011,the resolutions will be effective September 1, 2011); and be it

FURTHER RESOLVED that in acting upon the matters containedherein, the City of Oakland, acting by and through its Board of PortCommissioners, has exercised its independent judgment based onsubstantial evidence in the record and adopts and relies upon thefacts, data, analysis, and findings set forth in the Agenda Report andin related materials and in testimony received.

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I 7/21/11I 5.2

CT/mi

RESOLUTION APPROVING AND CONSENTING TO ASSIGNMENT OFAN EXISTING SPACE/USE PERMIT FOR PUBLIC PAY TELEPHONECONCESSION PRIVILEGES AT THE OAKLAND INTERNATIONALAIRPORT FROM PARACOM INC. TO JAROTH, INC., DOINGBUSINESS AS PACIFIC TELEMANAGEMENT SERVICES.

WHEREAS the Board of Port Commissioners (“Board”) has reviewed andevaluated the Agenda Report dated July 21, 2011, Item 5.2 (“AgendaReport”) and related materials, has received the expert testimony ofPort staff, and has provided opportunities for and taken publiccomment; and

WHEREAS PARACOM INC. (“Paracom”) currently provides and operates apublic pay telephone concession at the Oakland International Airport(“Permit”); and

WHEREAS Paracom has requested that the Board approve and consentto the assignment of such Permit to JAROTH, INC., doing business asPACIFIC TELEMANAGEMENT SERVICES (“PTS”); now therefore be it

RESOLVED that, in accordance with the Agenda Report the Boardhereby authorizes the Executive Director or his designee on behalf ofthe Board to execute a Consent to Assignment Agreement (“Assignment”)to authorize consent to the Assignment from Paracom to PTS, and suchadditional instruments as may be necessary to carry out the Assignmentand the Port’s approval thereof; and be it

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisresolution approves and authorizes the execution of Agreement(s) in

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accordance with the terms of this resolution. Unless and untilseparate written Agreement(s) are duly executed on behalf of the Boardas authorized by this resolution, are signed and approved as to formand legality by the Port Attorney, and are delivered to othercontracting party, there shall be no valid or effective Agreement Cs);and be it


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RESOLUTION APPROVING THE MITIGATED NEGATIVEDECLARATION AS A RESPONSIBLE AGENCY FOR THEREMEDIATION AND REDEVELOPMENT OF TANK FARM SAND RELATED FACILITIES BY THE OAKLAND FUELFACILITIES CORPORATION (OFFC); APPROVINGBUILDING PERMIT FOR THE REMEDIATION ANDREDEVELOPMENT OF TANK FARM S AND RELATEDFACILITIES BY THE OAKLAND FUEL FACILITIESCORPORATION (OFFC).

07/21/11Tab 5.4JS/Ihr

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated the Agenda Report Item 5.4 dated July 21, 2011(herein “Agenda Report”) and related agenda materials, has receivedthe expert testimony of Port staff, and has provided opportunities forand taken public comment;

RESOLVED that, in acting upon this matter, the Board hasexercised its independent judrnrient based on substantial evidence in therecord and adopts and relies upon the facts, data, analysis, andfindings set forth in the Agenda Report, and in related agenda materialsand in testimony received; and be it

RESOLVED that the Board of Port Commissioners (“Board”)does hereby approve the Mitigated Negative Declaration as aResponsible Agency for remediation and redevelopment of Tank Farm Sand related facilities by the Oakland Fuel Facilities Corporation(OFFC) as more fully described in the Agenda Report; and be it

FURTHER RESOLVED that the Board hereby approves the buildingpermit for the remediation and redevelopment of Tank Farm S and relatedfacilities by the Oakland Fuel Facilities Corporation (OFFC) as morefully described in the Agenda Report; and be it

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FURTHER RESOLVED that the Board hereby approves theMitigated Negative Declaration as a Responsible Agency for theremediation and redevelopment work and hereby makes the findings setforth in the Agenda Report and relies on the Lead Agency determinationwith regard to the subject project; the Board hereby finds anddetermines that the truck rack portion of the project has beendetermined to be exempt from the requirements of the CaliforniaEnvironmental Quality Act pursuant to Class 2, Section 15302 of theCEQA Guidelines; and be it

FURTHER RESOLVED that this resolution is not evidence of anddoes not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard.

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July 21, 2011Item No.: 6.1MH:kk



AN OPERATION AND MAINTENANCE AGREEMENT FOR THE

FORMER MCGUIRE CHEMICAL COMPANY SITE (PORTIONS OF

BERTHS 25 AND 26) WITH THE STATE OF CALIFORNIA,

DEPARTMENT OF TOXIC SUBSTANCES CONTROL.


hereby approves and authorizes the execution for and on behalf of the

Board by the Executive Director of an Operation and Maintenance

Agreement for the former McGuire Chemical Company Site (Portions of

Berths 25 and 26) with the State of California, Department of Toxic

Substances Control, all in accordance with Agenda Report Item No. 6.1

dated July 21, 2011, and be it


does not create or constitute (a) a contract, or the grant of any



Board. This resolution approves and authorizes the execution of

agreements in accordance with the terms of this resolution. Unless

and until agreements are duly executed on behalf of the Board as

authorized by this resolution, are signed and approved as to form and

legality by the Port Attorney, and are delivered to the other

contracting party, there shall be no valid or effective agreements.

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At the regular meeting held on July 21, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee and President Calloway - 6 Excused: Commissioner Lighty - 1 Noes: 0


07/21/11Tab 6.3JS/Ihr

RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO

ACCEPT FEDERAL DEPARTMENT OF HOMELAND SECURITY GRANTS

FOR SECURITY SYSTEM LINKAGE AND FOR SURVEILLANCE AND

MONITORING SYSTEM MAINTENANCE AND TO AUTHORIZE THE

EXECUTIVE DIRECTOR TO TAKE ALL ACTIONS NECESSARY TO

IMPLEMENT THE APPROVED SECURITY PROJECT.




therefore be it




in Agenua Report Tab No. 6.3 (‘Agenda Report”), dated July 21, 2011, and




the Department of Homeland Security/Office of Grants and Training FY






deemed necessary, when said Grant Offers are released, estimated to be

an amount of $2,551,072, provided, however, that such grant agreements

shall not be binding or enforceable against the Port unless and until

approved in writing as to form and legality by the Port Attorney; and

be it

FURTHER RESOLVED that the Board hereby authorizes the Executive

Director to enter into a subgrantee agreement with Marine Exchange of

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the San Francisco Bay Region which is serving as the Fiduciary Agent

for the federal grant program, provided, however, that such subgrantee

agreement shall not be binding and enforceable against the Port unless

and until approved in writing as to form and legality by the Port

Attorney; and be it


the Executive Director or his designee to execute for and on behalf of

the Board a professional services agreement(s) with a consultant(s)

selected from a formal competitive bidding process to perform such

services, upon terms and conditions consistent with the Agenda Report

and pro:iding that the select3d Consultant(s) shall be compensated for

such services, including costs of miscellaneous reimbursable expenses,

at a maximum compensation that shall not exceed a total aggregate

amount of the grant award; and be it





Unless and until a separate written agreement is duly executed on

behalf of the Board as authorized by this resolution, is signed and

approved as to form and legality by the Port Attorney, and is

delivered to other contracting party, there shall be no valid or

effective agreement.

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07/21/11. Tab No. 6/4

MCR/arq’


RESOLUTION GRANTING AUTHORIZATION TO INCLUDEDEMOLITION OF BUILDING 833 AT THE FORMER OAKLANDARMY BASE, OUTER HARBOR, IN THE SMALL BUSINESSPROGRAM; FINDING AND DETERMINING THAT IT IS INTHE BEST INTEREST OF THE PORT TO CONTRACT FORSUCH WORK WITHOUT STANDARD BIDDING PROCEDURES;AND AUTHORIZING EXECUTION OF A CONTRACT FOR SUCHWORK BASED ON RECEIPT OF INFORMAL PROPOSALS IN ATOTAL AGGREGATE PMOUNT NOT TO EXCEED $60,000,

BASED ON RECEIPT OF INFORMAL PROPOSALS.




FURTHER RESOLVED that the Director of Engineering or his designeeis authorized to approve the plans and specifications for said projectsin advance of construction, pursuant to Government Code Section 830.6;and be it

FURTHER RESOLVED that based upon the information contained in theAgenda Report, the Board hereby finds and determines that the Port’sSmall Business Utilization Program encourages small contractors todevelop the capacity to perform public works contracts on a competitivebasis, thereby increasing the pool of competitive contractors for futurePort contracts; and therefore it is in the best interest of the Port to

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accomplish the Demolition of Building 833 at the Former Oakland Army

Base, Outer Harbor, Oakland, California, without standard bidding

procedures and that said standard bidding procedures are hereby waived;

and be it

FURTHER RESOLVED that the Board authorizes that the Demolition of

Building 833 at the Former Oakland Army Base, Outer Harbor, Oakland,

California, be included in the Small Business Program; and be it;


the execution for and on behalf of the Board of a contract with alocal small contractor, for Demolition of Building 833 at the Former

Oakland Army Base, Outer Harbor, Oakland, California, based upon the

receipt of informal proposals, provided, that if the Executive

Director determines that no acceptable proposals have been received

from local small contractors then said contract may be made with any

qualified contractor based upon the receipt of informal proposals, in

the total aggregate amount not to exceed $60,000; and be it

FURTHER RESOLVED that if the Executive Director determines that

no acceptable proposals have been received from local small

contractors, he is hereby authorized to negotiate and execute a

contract for such work with one or more of the Port’s current on—call

contractors or in the open market based upon the receipt of informal

proposals from on- call; and be it

FURTHER RESOLVED that the aggregate total of all contracts,

change orders, work authorization orders, or purchase orders for both

construction arid materials authorized by this resolution, including

any taxes, duties and transportation costs, shall not exceed $60,000;

and be it

FURTHER RESOLVED that bonds for the faithful performance of the


materials furnished and for amounts due under the Unemployment

Insurance Code shall be provided by the Contractors as prescribed by

the applicable laws and regulations and the contract specifications;

and be it

FURTHER RESOLVED that this project will be covered by the

provisions of the Maritime and Aviation Project Labor Agreement

(“MAPLA”), however, this project is available to be included in the

Port of Oakland MAPLA small business exclusion program. If the

contract is awarded to a local small contractor that is eligible for

and requests in writing to be excluded from the operational

requirements of the MAPLA, it is the Port’s intention to approve the

exclusion, under the program established by MAPLA’s Appendix “C”—

Letter of Understanding re: Small Business Utilization Program; and be

itFURTHER RESOLVED that on July 31, 2002, the City of Oakland, as

the Lead Agency under the California Environmental Quality Act

(“CEQA”), certified the Oakland Army Base Area Redevelopment Plan

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Final Environmental Impact Report (“EIR”), and on September 17, 2002

(Resolution 02317) the Board, acting as a Responsible Agency under

CEQA, approved the Port’s reuse of the Oakland Army Base as described

in the EIR. The project described by the EIR includes demolition,

remediation and site preparation to clear the OAB site for

construction of a rail yard and related improvements, so activities

such as the demolition and construction of RMP covers described in

this Agenda Report are covered by the OAB SIR. No further or

additional environmental review or documentation is necessary in order

for the Board to take the actions recommended in this Agenda Report;

and be it;

FURTHER RESOLVED that, pursuant to Port Ordinance 1606, Section

22, the Board finds and determines it to be in the Port’s best interest

to delegate to the Executive Director, and hereby delegates to the




not create or constitute (a) a contract(s), or the grant of any right,



resolution approves and authorizes the execution of an agreement(s) in


separate written agreement(s) is duly executed on behalf of the Board as



party, there shall be no valid or effective agreement(s)

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I 07/21/11I Tab 6.4MCR/ar


RESOLUTION APPROVING AND AUTHORIZING THE CAPITALPROJECT BUDGET OF $633,000 TO CONSTRUCT A GROUND COVERAT Di-PHASE 2 AREA AS PART OF THE PORT’S REQUIRED RISKMANAGENENT PLAN (RMP) FOR THE OAKLAND ARMY BASE (“OAB”)AND FOR DEMOLITION OF BUILDING D833 OAKLAND,CALIFORNIA.


RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab No. 6.4, dated July 21, 2011, and in related agendamaterials and in testimony received; and be it

FURTHER RESOLVED that based upon the information contained in theAgenda Report, the Board hereby finds and determines that it is in thebest interest of the Port to approve and authorize the capital projectbudget in a total aggregate amount not to exceed $633,000 forConstruction of a Risk Management Plan (RMP) Cover Over the FormerBuildings Nos. 790-796 Site (Dl Phase 2) at the Former Oakland Army

•Base, Outer Harbor, Oakland, California, and for Demolition of BuildingNo. 833 at the Former Oakland Army Base, Outer Harbor, Oakland,California, as more fully described in the Agenda Report; and be it

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07/21/11


RESOLUTION FINDING AND DETERMINING THAT IT IS INTHE BEST INTEREST OF THE PORT TO CONTRACT FORCONSTRUCTION OF A RISK MANAGENENT PLAN (RMP)COVER OVER THE FORMER BUILDINGS NOS. 790-796 SITE(Dl PHASE 2) AT THE FORMER OAKLAND ARMY BASE,

OUTER HARBOR, OAKLAND, CALIFORNIA WITHOUTSTANDARD BIDDING PROCEDURES; AUTHORIZINGEXECUTION OF A CONTRACT IN A TOTAL AGGREGATEAMOUNT NOT TO EXCEED THE $370,000, BASED ONRECEIPT OF INFORMAL PROPOSALS.




FURTHER RESOLVED that the Director of Engineering or his designeeis authorized to approve the plans and specifications for said projectsin advance of construction, pursuant to Government Code Section 830.6;and be it

FURTHER RESOLVED that based upon the information contained inBoard Agenda Report Tab No. 6.4, dated July 21, 2011, the Board herebyfinds and determines that it is in the best interest of the Port toaccomplish the Construction of a Risk Management Plan (RMP) Cover Overthe Former Buildings Nos. 790-796 Site (Dl Phase 2) at the FormerOakland Army Base, Outer Harbor, Oakland, California as identified in

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the Agenda Report without Standard Bidding procedures and that saidStandard Bidding procedures are hereby waived; and be it

FURTHER RESOLVED that the Board hereby approves and authorizes theExecutive Director to negotiate and execute a contract(s), changeorder(s), or work authorization order(s), based upon the receipt ofinformal proposals from on—call contractors currently under contractwith the Port for other Port work, for work for the Construction of aRisk Management Plan (RMP) Cover Over the Former Buildings Nos. 790-796Site (Dl Phase 2) at the Former Oakland Army Base, Outer Harbor,Oakland, California, upon terms and conditions consistent with saidAgenda Report; and be it;

FURTHER RESOLVED that if the Executive Director determines thatno acceptable proposal(s) has been received from an on-callcontractor(s) currently under contract with the port, he is herebyauthorized to negotiate and execute a contract for such work in theopen market based upon the receipt of informal proposals; and be it

FURTHER RESOLVED that the aggregate total of all contracts,change orders, work authorization orders, or purchase orders for bothconstruction and materials authorized by this resolution, includingany taxes, duties and transportation costs, shall not exceed $370,000;and be it

FURTHER RESOLVED that bonds for the faithful performance of thework, and a bond to guarantee the payment of all claims for labor andmaterials furnished and for amounts due under the UnemploymentInsurance Code shall be provided by the Contractors as prescribed bythe applicable laws and regulations and the contract specifications;and be it

FURTHER RESOLVED that the provisions of the Maritime and AviationProject Labor Agreement (“MAPLA”) apply to this project(s); and be it

FURTHER RESOLVED that on July 31, 2002, the City of Oakland, asthe Lead Agency under the California Environmental Quality Act(“CEQA”), certified the Oakland Army Base Area Redevelopment PlanFinal Environmental Impact Report (“EIR”), and on September 17, 2002(Resolution 02317) the Board, acting as a Responsible Agency under

CEQA, approved the Port’s reuse of the Oakland Army Base as describedin the EIR. The project described by the EIR includes demolition,remediation and site preparation to clear the OAB site forconstruction of a rail yard and related improvements, so activitiessuch as the demolition and construction of RMP covers described inthis Agenda Report are covered by the OAB EIR. No further oradditional environmental review or documentation is necessary in orderfor the Board to take the actions recommended in this Agenda Report;and be it;

FURTHER RESOLVED that, pursuant to Port Ordinance 1606, Section22, the Board finds and determines it to be in the Port’s best interest

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to delegate to the Executive Director, and hereby delegates to theExecutive Director, the authority to finally resolve bid protests inconnection with this project; and be it

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract(s), or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisresolution approves and authorizes the execution of an agreement(s) inaccordance with the terms of this resolution. Unless and until aseparate written agreement(s) is duly executed on behalf of the Board asauthorized by this resolution, is signed as approved as to form andlegality by the Port Attorney, and is delivered to other contractingparty, there shall be no valid or effective agreement(s) -

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July 21, 2011JS/LT


RESOLUTION AMENDING A SCHEDULE FOR REGULAR

MEETINGS OF THE BOARD OF PORT COMMISSIONERS FOR

CALENDAR YEAR 2011.

WHEREAS, the Board of Port Commissioners of the City of Oakland

(the “Board”) has reviewed and evaluated the Agenda Report dated July

21, 2011, Tab No. 8.1 (“Agenda Report”) and related materials, has


opportunities for and taken public comment; and

WHEREAS, on January 4, 2011, the Board of Port Commissioners

(“Board”) adopted a schedule for regular meeting of the Board for

Calendar Year 2011; and

FURTHER RESOLVED, that the Board’s regular meetings for calendar

year 2011 shall be held in the Board Room of the Port of Oakland

Building, 530 Water Street, in the City of Oakland at 2:00 p.m. except

with the first meeting in September, regular meetings (first and third

Thursdays) will begin at 1:00 p.m.; and be it

FURTHER RESOLVED, that there will be an additional Board meetings

on the second Thursday of each month for calendar year 2011 beginning

at 9:00 a.m. on the following days:

September 8, 2011October 13, 2011November 10, 2011; and be it

FURTHER RESOLVED, that the Board shall modify this meeting

schedule, as appropriate from time to time, by action of the Board;

and be it

FURTHER RESOLVED, that, where practicable, if an earlier start

time is deemed appropriate and desirable for an upcoming regular meeting

to accommodate anticipated additional public speakers or to provide for

longer deliberation on the public record, the Board or Presiding Officer

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shall amend the regular meeting schedule in advance to include such

earlier start time, subject to ten-day public notice, rather than to

declare a “special meeting” subject only to two-day public notice, to

maximize public notice and public participation.

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At the regular meeting held on July 21, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Yee and President Calloway - 5 Excused: Commissioners Lighty and Uno - 2 Noes: 0

7/28/113.3CT:mj


RESOLUTION AUTHORIZING AND APPROVING AFOURTEENTH SUPPLEMENTAL TRUST INDENTURE ANDISSUANCE THEREUNDER OF PORT OF OAKLANDREFUNDING REVENUE BONDS 2011 SERIES 0 (AMT) IN THEAGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED$380,000,000; AUTHORIZING ENTRY INTO A BOND PURCHASECONTRACT AND A FOURTEENTH SUPPLEMENTAL TRUSTINDENTURE; AUTHORIZING THE REDEMPTION OF ALL ORA PORTION OF THE OUTSTANDING PORT OF OAKLANDREVENUE BONDS 2000 SERIES K (AMT); AND AUTHORIZINGCERTAIN OTHER RELATED ACTIONS AND DOCUMENTS

WHEREAS, the Board of Port Commissioners of the City of Oakland, California (the“Board” or the “Port”) is authorized by Section 706(24) of the Charter of the City of Oakland toprovide for the financing and refinancing of Port facilities through the issuance and sale of debtinstruments payable exclusively from revenues, other funds and property of the Port; and

WHEREAS, Ordinance No. 2858, adopted by the Board on February 21, 1989 (the“Procedural Ordinance”), provides that the debt instruments shall be issued and sold in suchmanner and upon such terms and conditions, and contain such provisions and covenants, as theBoard shall fix and establish; and

WHEREAS, to achieve interest cost savings, the Board desires to refinance the costs ofcertain capital projects through the refunding of all or a portion of its outstanding Port ofOakland Revenue Bonds 2000 Series K (AMT) (the “Series K Bonds,” and the refunded SeriesK Bonds, the “Redeemed Series K Bonds”); and

WHEREAS,the Board has determined that it is in the best interest of the Board toprovide funds for the refunding of the Redeemed Series K Bonds and for costs and expensesrelated to such refunding through the issuance of Port of Oakland Refunding Revenue Bonds2011 Series 0 (AMT) (the “Series 0 Bonds”) and through the release of funds from the debtservice reserve fund established in connection with the issuance of the Series K Bonds (the“Released Reserve Funds,” and, together with the proceeds of the issuance of the Series 0Bonds, the “Redemption Funds”); and

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WHEREAS, there has been presented to this Board a form of a Bond Purchase Contract(the “Purchase Contract”) between the Board and Merrill Lynch, Pierce, Fenner & SmithIncorporated, acting on its own behalf and as representative of Siebert Brandford Shank & Co.,LLC, Backstrom McCarley Berry & Co., LLC, E. J. De La Rosa & Co., Inc., Citigroup GlobalMarkets Inc., Henderson Capital Partners, LLC, and RBC Capital Markets, LLC (collectively,the “Underwriters”), with respect to the purchase and sale of the Series 0 Bonds; and

WHEREAS, there has been presented to this Board a form of the FourteenthSupplemental Trust Indenture (the “Fourteenth Supplement”) between the Board and U.S. BankNational Association, as Trustee (the “Trustee”), which (i) includes certain amendments to theTrust Indenture (as defined below) and (ii) provides, among other things, for the terms andconditions of the issuance and delivery of the Series 0 Bonds and the creation of a common debtservice reserve fund (the “2011 Common Reserve Fund”) to secure the Series 0 Bonds and anyadditional Bonds (as defined in the Trust Indenture) that may be issued in the future, to the extentsuch Bonds are designated in a Supplemental Indenture (as defined in the Trust Indenture)providing for the issuance of such Bonds as being secured by the 2011 Common Reserve Fund,and includes a form of the Series 0 Bonds; and

WHEREAS, this Resolution, together with the Amended and Restated Master TrustIndenture dated as of April 1, 2006 (as amended, the “Trust Indenture”), between the Board andthe Trustee, as amended and supplemented from time to time, including as amended andsupplemented by the Fourteenth Supplement, together constitute a “Resolution of Issue” withinthe meaning of the Procedural Ordinance; and

WHEREAS, Section 2.11 of the Trust Indenture requires the preparation by anAuthorized Board Representative (as defined in the Trust Indenture) or by the Board’sConsultants (as defined in the Trust Indenture) of a certificate indicating compliance with certainrequirements of the Trust Indenture as a condition to the issuance of the Series 0 Bonds, andsuch a certificate shall be delivered in connection with such issuance; and

WHEREAS, there has been presented to this Board a form of Preliminary OfficialStatement (including a form of Report by the Consultants); and

WHEREAS, the proposed terms of the Fourteenth Supplement provide in pertinent partthat a certain portion of the Redemption Funds shall be held in the Series K escrow fund createdunder the Fourteenth Supplement (the “Series K Escrow Fund”) and used to effect theredemption of the Redeemed Series K Bonds on the date set forth in the Fourteenth Supplement(the “Series K Redemption Date”); and

WHEREAS, the Preliminary Official Statement, the Purchase Contract, and theFourteenth Supplement appear to be in appropriate form and the terms are satisfactory to theBoard, and the Board has determined that it is in the best interest of the Board to provide funds torefund the Redeemed Series K Bonds through the issuance of the Series 0 Bonds; and

WHEREAS, the Board has reviewed and evaluated the Agenda Report dated July 28,2011, Item 3.3 (the “Agenda Report”) and related agenda materials, has received the experttestimony of Board staff, and has provided opportunities for and taken public comment.

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NOW, THEREFORE, BE IT RESOLVED by the Board as follows:

1. The Board hereby finds and declares that the foregoing recitals are true andcorrect.

2. Issuance of Series 0 Bonds. For the purpose of providing funds to refund theRedeemed Series K Bonds, the Board hereby authorizes the issuance of its Series 0 Bonds in theaggregate principal amount of not to exceed three hundred eighty million dollars ($380,000,000)and the release of the Released Reserve Funds. In addition to the above use of the RedemptionFunds, a portion of the Redemption Funds may be used to pay costs of issuance, to fund the 2011Common Reserve Fund (and/or to pay the premium costs associated with a debt service reservesurety bond or bonds, if a surety bond or bonds are utilized) and to pay the premium costs for amunicipal bond insurance policy or other credit or liquidity enhancement (collectively, “CreditEnhancement”), if it is determined that Credit Enhancement results in true interest or other costsavings to the Board as further described in paragraph 13 of this Resolution.

Execution and delivery of the Fourteenth Supplement containing the maturities, theprincipal amounts and the interest rates of the Series 0 Bonds, within the parameters set forth inthis Resolution, shall constitute conclusive evidence of the Board’s approval of such maturities,principal amounts and interest rates.

The Series 0 Bonds shall bear interest at such rates with respect to the various maturitiessuch that the true interest cost for the Series 0 Bonds does not exceed five and six tenths percent(5.60%) per annum on average, and the final maturity of any of the Series 0 Bonds shall not belater than May 1, 2031. The true interest cost shall be the rate that, when used in computing thepresent value of all payment of principal and interest to be paid on the Series 0 Bonds, producesan amount equal to the purchase price of the Series 0 Bonds taking into account any originalissue premium or discount, underwriters’ discount or fee, and any and all costs of issuance of theSeries 0 Bonds.

The costs of issuance of the Series 0 Bonds (including underwriters’ discount, consultantfees, counsel fees, financial advisor fees, rating agency fees, and verification agent fees, amongothers) funded from the proceeds of the Series 0 Bonds shall not exceed two percent (2%) of theproceeds of such Series 0 Bonds.

3. Pledge to Secure the Series 0 Bonds. The Board hereby approves the pledge ofthe Pledged Revenues, as such term is defined in the Trust Indenture, and the other securityprovided in the Granting Clause of the Trust Indenture and in the Granting Clause of theFourteenth Supplement, each on a parity with the other Bonds (as defined in the Trust Indenture)issued under the Trust Indenture, to secure the Series 0 Bonds as set forth in the Trust Indentureand the Fourteenth Supplement.

4. Form of Series 0 Bonds. The Series 0 Bonds and the Trustee’s Certificate ofAuthentication to appear thereon shall be in substantially the form set forth in Exhibit A to theFourteenth Supplement, with necessary or appropriate variations, omissions and insertions aspermitted or required by the Trust Indenture or the Fourteenth Supplement or as appropriate toadequately reflect the terms of each series of the Series 0 Bonds and the obligation represented

Page 3268766

thereby and with such changes therein (including any changes required by a provider of a CreditEnhancement in order to obtain Credit Enhancement with respect to the Series 0 Bonds) as shallbe approved by the officer or officers of the Board executing the same and the Port Attorney orhis designee; the execution thereof shall constitute conclusive evidence of the Board’s approvalof any and all changes or revisions therein from the form of Series 0 Bonds now before thismeeting.

5. Execution of the Series 0 Bonds. The Series 0 Bonds shall be executed by thePresident or any Vice President of the Board and attested by the Secretary of the Board or hisauthorized designee. Any of such signatures may be placed manually on the Series 0 Bonds ormay be by facsimile and any facsimile signature shall be of the same force and effect as if suchsignature were manually placed on such Series 0 Bonds.

6. Approval of Fourteenth Supplement, Authorization for Execution. The form,terms and provisions of the Fourteenth Supplement are in all respects approved, and any one ormore of the President of the Board, any Vice President of the Board, the Executive Director orhis designee, the Deputy Executive Director or her designee, or the Chief Financial Officer orher designee (the Executive Director, Deputy Executive Director or Chief Financial Officer ofthe Board or the authorized designee of any such officer being referred to as an “AuthorizedBoard Representative”), are hereby authorized, empowered and directed to execute,acknowledge and deliver the Fourteenth Supplement, including counterparts thereof, in the nameand on behalf of the Board, subject to the approval of the Port Attorney or his designee. TheFourteenth Supplement, as executed and delivered, shall be in substantially the form now beforethis meeting and hereby approved, with such changes therein (including any changes required bythe provider of any Credit Enhancement in order to obtain Credit Enhancement with respect tothe Series 0 Bonds) as shall be approved by the officer or officers of the Board or the AuthorizedBoard Representative executing the same and the Port Attorney or his designee; the executionthereof shall constitute conclusive evidence of the Board’s approval of any and all changes orrevisions therein from the form of the Fourteenth Supplement now before this meeting; and fromand after the execution and delivery of the Fourteenth Supplement, the officers, agents andemployees of the Board are hereby authorized, empowered and directed to do all such acts andthings and to execute on behalf of the Board all such documents as may be necessary to carry outand comply with the provisions of the Fourteenth Supplement.

7. Preliminary Official Statement. The distribution by the Underwriters of thePreliminary Official Statement (including the Report of the Independent Consultants containedtherein as Appendix A) in either printed format or through electronic means in connection withthe offering and sale of the Series 0 Bonds in substantially the form of the draft presented at thismeeting, with such changes therein as shall be approved by the President of the Board, any VicePresident of the Board, or any Authorized Board Representative, is hereby authorized andapproved. The President of the Board, any Vice President or any Authorized BoardRepresentative may deliver any supplements or amendments to the Preliminary OfficialStatement that such officer determines are necessary or in the best interest of the Board. ThePresident, any Vice President, and any Authorized Board Representative, or any one of them, arehereby authorized and directed to “deem final” said Preliminary Official Statement within themeaning of Rule 15c2-12 of the Securities and Exchange Act of 1934, as amended.

Page 4268766

8. Official Statement. Prior to the delivery of the Series 0 Bonds, the Board shallprovide for the preparation, publication, execution and delivery of an Official Statement relatingto the Series 0 Bonds in substantially the form of the draft Preliminary Official Statementpresented to this meeting. The President, any Vice President, and any Authorized BoardRepresentative, or any one of them, are hereby authorized and directed to execute and deliver thefinal Official Statement in the name and on behalf of the Board, and to make any changes orrevisions thereto, including any supplements or amendments thereto, necessary in order for thefinal Official Statement to meet the obligations and requirements of the Board under thePurchase Contract, the Documents and this Resolution or otherwise determined by the Presidentof the Board, any Vice President, or any Authorized Board Representative to be in the bestinterest of the Board. The execution and delivery thereof shall constitute conclusive evidence ofthe Board’s approval of any and all changes or revisions therein from the form of the PreliminaryOfficial Statement now before this meeting. The Underwriters are hereby authorized todistribute the Official Statement in either printed format or through electronic means in suchfinal form.

9. Continuing Disclosure Certificate. The Authorized Board Representatives, andeach one of them acting alone or in combination, are hereby authorized, for and in the name andon behalf of the Board, to execute and deliver a Continuing Disclosure Certificate related to theissuance of the Series 0 Bonds, in the form approved by the Authorized Board Representativeexecuting the same and by the Port Attorney or his designee.

10. Sale of Series 0 Bonds. The Board hereby authorizes the sale of the Series 0Bonds through a negotiated sale to the Underwriters. The Board hereby finds and declares thatsuch sale is exempt from the competitive bid procedures of Port Ordinance No. 1606 by reasonof the exception contained therein for the obtainment of professional or specialized services.The Board further finds and declares pursuant to said Ordinance 1606 that, giving due regard formarket and competitive considerations and being duly advised in the premises, the proposed saleof the Series 0 Bonds to the Underwriters on a negotiated basis is in the best interest of theBoard. Any Authorized Board Representative is hereby authorized to approve the final terms ofthe sale of the Series 0 Bonds subject to the terms, conditions and restrictions set forth in thisResolution. The Series 0 Bonds, if sold to the Underwriters, shall be sold with an underwriters’discount and/or underwriting fee as set forth in the Purchase Contract, not to exceed one-halfpercent (0.50%) of the aggregate principal amount of the Series 0 Bonds, and subject to theterms and conditions set forth in the Purchase Contract. The form, terms and provisions of thePurchase Contract now before this Board are in all respects approved, and each of the President,any Vice President and any Authorized Board Representative is hereby authorized andempowered, either alone or in combination, to execute and deliver the Purchase Contract,including counterparts thereof, in the name and on behalf of the Board. The Purchase Contract,as executed and delivered, shall be in substantially the form now before this meeting and herebyapproved, with such changes therein as shall be approved by the officer or officers executing thesame and by the Port Attorney or his designee; the execution thereof shall constitute conclusiveevidence of the Board’s approval of any and all changes or revisions therein from the form of thePurchase Contract now before this meeting; and from and after the execution and delivery of thePurchase Contract, the officers, agents and employees of the Board are hereby authorized,empowered and directed to do all such acts and things and to execute on behalf of the Board all

Page 5268766

such documents as may be necessary to carry out and comply with the provisions of the PurchaseContract.

11. Trustee. The Board hereby approves and ratifies the appointment of U.S. BankNational Association, as Trustee under the terms of the Fourteenth Supplement.

12. Redemption Notices. Any Authorized Board Representative is hereby authorizedand directed to deliver or cause to be delivered any notices required to be given in connectionwith the redemption of the Redeemed Series K Bonds.

13. Additional Authorization. The President and any Vice President of the Board,any Authorized Board Representative and all officers, agents and employees of the Board, forand on behalf of the Board, are hereby authorized and directed to do any and all things necessaryor advisable to effect the issuance, execution (as appropriate) and delivery of the Series 0 Bonds,the Fourteenth Supplement, the Continuing Disclosure Certificate, a tax and non-arbitragecertificate, the Preliminary Official Statement and final Official Statement and the PurchaseContract and to carry out the terms thereof. In addition, said persons are further authorized totake all actions and execute any and all documents necessary or advisable to arrange for CreditEnhancement for some or all of the Series 0 Bonds (including any debt service reserve suretybond or bonds), if such Credit Enhancement will, upon the advice of the Board’s financialadvisors, result in true interest cost or other savings. Said officers, agents, employees, and otherpersons are further authorized and directed, for and on behalf of the Board, to execute all papers,documents, certificates and other instruments that may be required before or after delivery of theSeries 0 Bonds in order to carry out the authority conferred or contemplated in this Resolution,the Fourteenth Supplement and the Trust Indenture. The foregoing authorization includes,without limitation, (i) authority for an Authorized Board Representative to cause the release ofthe Released Reserve Funds and the use of such Released Reserve Funds as contemplated in thisResolution, (ii) authority for an Authorized Board Representative to cause a portion of theRedemption Funds to be applied to gross fund the Series K Escrow Fund, which is intended to besufficient to pay in full on the Series K Redemption Date the redemption price of the RedeemedSeries K Bonds plus all maturing principal of and accrued but unpaid interest on the RedeemedSeries K Bonds to such date, as described in the Fourteenth Supplement, and (iii) authority for anAuthorized Board Representative to cause the remaining portion of the Redemption Funds to beapplied to fund the 2011 Common Reserve Fund and to pay other costs and expenses associatedwith the transactions contemplated in this Resolution.

14. Investments. The Authorized Board Representatives, and each one of them actingalone or in combination, are hereby authorized, for and in the name and on behalf of the Board,to do any and all things and take any and all actions and execute and deliver any and allcertificates, agreements and other documents, whether before or after the issuance of the SeriesO Bonds, including but not limited to those described in the various documents and instrumentsherein approved, that they, or any of them, may deem necessary or advisable and in the bestinterest of the Board: (a) for the execution of any short-term or long-term investments and/orinvestment agreements authorized as “Permitted Investments” under the Trust Indenture withrespect to the investment of moneys held in any funds and accounts under the FourteenthSupplement, and (b) otherwise to accomplish the purposes described in this paragraph or in thedocuments approved in accordance with this paragraph, and to accomplish the transactions

Page 6268766

contemplated in this paragraph, including, but not limited to, entering into appropriateagreements with a broker to select any such investment vehicles. The Board hereby finds anddetermines that any agreements with brokers and/or investment providers will be for professionalor specialized services and that obtaining such services without competitive bidding will be inthe best interest of the Board, and the Board hereby waives competitive bidding except asotherwise required by applicable federal tax law.

15. Severability. The provisions of this Resolution are hereby declared to beseverable and, if any section, phrase or provision shall for any reason be declared to be invalid,such declaration shall not affect the validity of the remainder of the sections, phrases andprovisions hereof.

16. Effective Date. The effective date of this Resolution shall be its date of adoption.

17. Resolution Not Evidence of Contract. This Resolution is not evidence of anddoes not create or constitute (a) a contract, or the grant of any right, entitlement or propertyinterest, or (b) any obligation or liability on the part of the Board or any officer or employee ofthe Board. This Resolution approves and authorizes the execution of agreements in accordancewith the terms of this Resolution. Unless and until a separate written agreement is duly executedon behalf of the Board as authorized by this Resolution, is signed as approved as to form andlegality by the Port Attorney, and is delivered to the other contracting party, there shall be novalid or effective agreement.

18. Independent Judgment. In acting upon the matters contained herein, the Board hasexercised its independent judgment based on substantial evidence in the record and adopts andrelies upon the facts, data, analysis, and findings set forth in the Agenda Report and in relatedagenda materials and in testimony received.

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At the special meeting held on July 28, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee and President Calloway - 6 Excused: Commissioner Lighty - 1 Noes: 0

07/28/11Tab 4.1MCR/LH


RESOLUTION ADOPTING THE UNDERUTILIZED DISADVANTAGEDBUSINESS ENTERPRISE (UDBE) FEDERAL FISCAL YEAR 2010-2011(FFY 10-11) GOAL AND METHODOLOGY REPORT FOR THE

METROPOLITAN TRANSPORTATION COMMISSION (MTC) GRANT FOR APORTION OF SHORE POWER WORK, UNDER THE CALTRANS DBE PROGRAMFOR THE FEDERAL HIGHWAY ADMINISTRATION (FHWA), UNITEDSTATES DEPARTMENT OF TRANSPORTATION (DOT).


RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab No. 4.1 (Agenda Report), dated July 28, 2011, andin related agenda materials and in testimony received; and be it

RESOLVED that the Board of Port Commissioners (Board) does herebyadopt the Port’s UDBE FFY 10-11 Shore Power Project Goal and MethodologyReport for the Metropolitan Transportation Commission (MTC) Grant, underthe Caltrans DBE Program for the Federal Highway Administration (FHWA),United States Department of Transportation (DOT) as further described inthe Agenda Report; and be it

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FURTHER RESOLVED that the Board adopts a project specific UDBEgoal of 1.83% to be met entirely through race conscious measures, underthe Caltrans DBE program. Race conscious measures means that thesuccessful bidder will be required to meet the project specific goal ordemonstrate and document good faith efforts in the solicitation of UDBEparticipation; and be it

FURTHER RESOLVED that the Board adopts a project specific DBE goalof 7.96% to be met entirely through voluntary race neutral measures,under the Caltrans DBE program, and associated Goal and MethodologyReport under the Caltrans DBE program for the FHWA. Race neutralmeasures means that bidders are encouraged to seek the participation ofall small businesses, including DBE5, in the project; and be it


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At the special meeting held on July 28, 2011 Passed by the following vote: Ayes: Commissioners Head, Uno, Yee and President Calloway - 4 Excused: Commissioner Lighty - 1 Noes: Commissioners Gonzales and Gordon - 2

September 1, 2011Closed Sess4onJS/lhr /7


RESOLUTION AUTHORIZING AND APPROVING RETENTIONOF SPECIAL COUNSEL.

RESOLVED that the Board of Port Commissioners herebyratifies and approves the retention of Fitzgerald Abbott & Beardsley,LLP, pursuant to the provisions of Section 6.05 of Port Ordinance No.867, to render expert asstance and representation to the PortAttorney in connection with DTG Operations, Inc. v. City of Oakland,Alameda County Superior Court, No. RG11587642. The compensation of andreimbursement for out—of pocket expenses incurred by said Special Counselto be made from time to time as approved by the Port Attorney.

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At the regular meeting held on September 1, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee and President Calloway - 6 Excused: Commissioner Lighty - 1 Noes: 0

MCjev


RESOLUTION FINDING AND DETERMINING THAT A

PROPOSED SECOND SUPPLEMENTAL AGREEMENT WITH

ENSMINGER CONSULTING FOR ADDITIONAL COMPENSATION

OF $500,000 ANNUALLY FOR A TERM OF THREE (3)

YEARS, FOR CONSULTING SERVICES CONSTITUTESPROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICES

THAT APE TEMPORARY IN NATURE, WAIVING COMPETITIVE

BIDDING AND AUTHORIZING EXECUTION OF SAID

SUPPLEMENTAL AGREEMENT.

WHEREAS by Resolution No. 03130, adopted by the Board of

Port Commissioners (the “Board1’) on May 20, 2003, and amended by the

Resolution No. 09037 dated April 7, 2009, the Board authorized an

Agreement with ENSMINGER CONSULTING, for consulting services with

respect to property management of the Oakland Maintenance Center (1100

Airport Drive, South Airport); and


Agreement to authorize the Executive Director of the Port to approve

additional work under said Agreement as set forth in the Board Agenda

Report Item No. 5.4 dated September 1, 2011 (herein the “Agenda

Report”), and additional compensation for such work; and

WHEREAS the Board has reviewed and evaluated the Agenda

Report and related agenda materials, has received the expert


public comment; and be it

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RESOLVED that in acting upon this matter, the Board hasexercised its independent judgment based on substantial evidence inthe record and adopts and relies upon the facts, data, analysis, andfindings set forth in the Agenda Report and in related agendamaterials and in testimony received; and be it

RESOLVED that the Board hereby finds and determines that theproposed Second Supplemental Agreement with ENSMINGER CONSULTING willconstitute an agreement for obtaining professional, technical andspecialized services that are temporary in nature and that it is in thebest interest of the Port to secure such services from ENSMINGER

CONSULTING without competitive bidding; and be it

FURTHER RESOLVED that the Board hereby approves andauthorizes the execution for and on behalf of the Board of said SecondSupplemental Agreement, upon terms and conditions consistent with theAgenda Report and providing that ENSMINGER CONSULTING shall becompensated for such services including costs of miscellaneousreimbursable expenses at a maximum compensation that shall not exceedan additional $500,000 annually for a term of three (3) years (October1, 2011 through September 30, 2014) subject to the right of eitherparty to terminate the Agreement upon thirty (30) days written notice;and be it

FURTHER RESOLVED that this resolution is not evidence of anddoes not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless anduntil a separate written agreement is duly executed on behalf of theBoard as authorized by this resolution, is signed as approved as toform and legality by the Port Attorney, and is delivered to othercontracting party, there shall be no valid or effective agreement.

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BOARD OF PORT COMMISSIONERSCITYOF OAKLAND

RESOLUTION RATIFYING AND APPROVING EXECUTION

OF A CERTAIN FIRST SUPPLEMENT TO LICENSE AND

CONCESSION AGREEMENT WITH FOX RENT-A-CARSYSTEM, INC.

09/01/20 11

JSev /


ratifies and approves the Director of Aviation’s execution for and on

behalf of the Board that certain First Supplement to License and

Concession Agreement between the Port and FOX RENT-A-CAR SYSTEM, INC.,

for addition of approximately 28,481 square feet of adjacent semi—paved

land in the vicinity of Benson and Earhart Roads (“Benson” lot) to its

current L—814 premises and terminate that certain License and Concession

Agreement for approximately 28,511 square feet of lot at Earhart and

Fairchild Roads (“Fairchild” lot), North Airport, Oakland International

Airport, at the rate proposed and as more fully described in Agenda

Report Item 5.6, dated September 1, 2011; and be it


this project has been determined to be categorically exempt from the

California Environmental Quality Act Guidelines pursuant to Section

15301; and be it




on the part of the Board or any officer or employee of the Board. This

resolution approves and authorizes the execution of an agreement in



authorized by this resolution, is signed and approved as to form and


contracting party, there shall be rio valid or effective agreement.

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RESOLUTION RATIFYING AND APPROVING EXECUTION

OF A CERTAIN LICENSE AND CONCESSION

AGREEMENT WITH NOCAL RENTAL, INC. (ALSO

KNOWN AS “PAYLESS RAC”).

0910112011

JSev


ratifies and approves the Director of Aviation’s execution for and on

behalf of the Board that certain License and Concession Agreement

between the Port and NOCAL RENTAL, INC. (also known as “PAYLESS RAC”)

for approximately 16,079 square feet of office, warehouse, shop and

vehicle parking to be used for operation of its rental car service

facility, at the rate proposed and as more fully described in Agenda

Report Item 5.7, dated September 1, 2011; and be it




15301; and be it




on the part of the Board or any officer or employee of the Board. This







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vj09/01/11Tab No. 5. ,,,

MCR/arci


RESOLUTION AUTHORIZING EXECUTION OF ASSIGNMENT OF

CONTRACT RIGHTS FROM NORTH NERICAN FENCE COMPANY

(LIC. NO. 730562) TO NORTH AMERICAN FENCE & RAILING,INC. (LIC. NO. 961501) FOR FURNISHING LABOR, EQUIPMENTAND MATERIAI1S FOR REPAIR AND MINOR CONSTRUCTION OFSECURITY FENCING FOR PORT OF OAKLAND FACILITIES FORTHE PERIOD COMMENCING JULY 1, 2008 AND ENDING JUNE 30,2009, 2010, 2011, 2012 OR 2013, OAKLAND, CALIFORNIA.




public comment; and

WHEREAS, on June 3, 2008, pursuant to Resolution No. 08146,

the Board authorized the execution of a contract with Kira Comini, an

individual, doing business as North American Fence Company (hereinafter

“Comini”) for Furnishing Labor, Equipment And Materials For Repair And

Minor Construction Of Security Fencing For Port Of Oakland Facilities

For The Period Commencing July 1, 2008 And Ending June 30, 2009, 2010,

2011, 2012 Or 2013, Oakland, California; and

WHEREAS, effective March 9, 2011, Comini incorporated and the

name of the new company is North American Fence & Railing, Inc.

(hereinafter “North American”); and

WHEREAS, on May 4, 2011, the Port sent a Notice of Renewal to

Comini, for renewal of the contract from July 1, 2011 through June 30,

2012. Prior to execution of the renewal, Comini sent a letter to the

Port indicating that she had incorporated and advising of the new name

of the company, North American; therefore, be it




findings set forth in Agenda Report Tab No. 5.8 (the “Agenda Report”),

dated September 1, 2011, and in related agenda materials; and be it

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RESOLVED that the Board of Port Commissioners hereby approvesand authorizes the Executive Director to execute the Consent toAssignment Agreement for said contract for Furnishing Labor, EquipmentAnd Materials For Repair And Minor Construction Of Security FencingFor Port Of Oakland Facilities For The Period Commencing July 1, 2008And Ending June 30, 2009, 2010, 2011, 2012 Or 2013, Oakland,California, to North merican, provided, however, that such consentshall not constitute in any manner a release or waiver by the Port ofany rights it now or in the future may have against Comini, andprovided that such consent is subject to the approval of the form andsubstance of said transfer by the Port Attorney; and be it

FURTHER RESOLVED that North Pauerican must provide bonds andinsurance required by the contract for the benefit of the Port in itsnew name to satisfy the requirements of the contract; and be it

FURTHER RESOLVED that this contract is not for “major

maintenance” within the meaning of the Port of Oakland Maritime andAviation Project Labor Agreement (MAPLA), and the provisions of theMAPLA do not apply to this work; and be it


and does not create or constitute (a) a contract(s), or the grant ofany right, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of acontract change order or in accordance with the terms of this

resolution. Unless and until a separate written contract change orderis duly executed on behalf of the Board as authorized by thisresolution, is signed as approved as to form and legality by the Port

Attorney, and is delivered to other contracting party, there shall be

no valid or effective change order.

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RESOLUTION APPROVING BUILDING

REQUESTED BY PAYLESS CAR RENTAL.PERMIT

RESOLVED that in reliance upon the representations and

certifications set forth upon and submitted with an application by PAY

LESS RENTAL, (“tenant”) for permission to perform certain work at 8300

Earhart Road, Oakland, California, the Board of Port Commissioners

(“Board”) hereby approves same subject to said representations and

certifications at an estimated cost of $5,000, said work and

applicable conditions of Port approval including the following:

1) Installation of a sign on the front of the building.

The sign will be an internally illuminated cabinet

sign, approximately 4’ x 10’;

and be it


this project has been determined to be categorically exempt under

CEQA, per CEQA Guidelines Section 15301, Existing Facilities and

15303(e), new or conversion of small structures; be it

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FURTHER RESOLVED that (a) neither this resolution nor the Board’sapproval of said work (i) is a waiver by the Board of any Port rightor remedy with respect to applicant under any agreement between thePort and the applicant or with respect to any obligation of applicant,or (ii) releases applicant from any obligation with respect to saidwork or with respect to any agreement between the Port and applicantand (b) this resolution is not evidence of and does not create orconstitite (i) a contract, o- the grant of any right (other than toperform the work subject to the provisions of this resolution),entitlement or property interest, or (ii) any obligation or liabilityon the part of the Board or any officer or employee of the Board.

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9/1/11Item No.: 5.103S/Ihr,y



REQUESTED BY DELTA AIRLINES.


certifications set forth upon and submitted with an application by

DELTA AIRLINES, (“tenant”) for permission to perform certain work at 3

Alan Shepard Way, Bldg # M106, Oakland, California, the Board of Port

Commissioners (“Board”) hereby approves same subject to said

representations and certifications at an estimated cost of $5,000,

said work and applicable conditions of Port approval including the

following:

1) Installation of a battery charger station in their

cargo warehouse. The work will include the

installation of new circuit to the existing panel;

and be it




15303(e), new or conversion of small structures; be it

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F13THER RESOLVED that ( neither this resolution nor the Board’sapproval of said work (i) is a waiver by the Board of any Port rightor remedy with respect to applicant under any agreement between thePort and the applicant or with respect to any obligation of applicant,or (ii) releases applicant from any obligation with respect to saidwork or with respect to any agreement between the Port and applicantand (b) this resolution is not evidence of and does not create orconstitute (i) a contract, or the grant of any right (other than toperform the work subject to the provisions of this resolution),entitlement or property interest, or (ii) any obligation or liabilityon the part of the Board or any officer or employee of the Board.

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REQUESTED BY CITY OF OAKLAND.



certifications set forth upon and submitted with an application byCITY OF OAKLAND, (“tenant”) for permission to perform certain work at

7101 Edgewater Drive, Oakland, California, the Board of Port



said work and the conditions of Port approval including the following:

1) Installation of a canopy structure, approximately 4000square feet, to cover sand and gravel stock piles at

their corporation yard;

and be it

Ft3RTHER RESOLVED that the Board hereby finds and determines that


CEQA, per CEQA Guidelines Section 15303, Class 3 and 15311, Class 11;and be it

PERMIT

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FURTHER RESOLVED that (a) neither this resolution nor the Board’sapproval of said work (i) is a waiver by the Board of any Port rightor remedy with respect to applicant under any agreement between thePort and the applicant or with respect to any obligation of applicant,or (ii) releases applicant from any obligation with respect to saidwork or with respect to any agreement between the Port and applicantand (b) this resolution is not evidence of and does not create orconstitute (i) a contract, or the grant of any right (other than toperform the work subject to the provisions of this resolution),entitlement or property interest, or (ii) any obligation or liabilityon the part of the Board or any officer or employee of the Board.

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RESOLUTION APPROVINGREQUESTED BY DELTA AIRLINES

BUILDING PERMIT

RESOLVED that in reliance upon the representations andcertifications set forth upon and submitted with an application byDELTA AIRLINES, (“tenant”) for permission to perform certain work at 1Airport Drive, Bldg # MiOl, Oakland, California, the Board of PortCommissioners (“Board”) hereby approves same subject to saidrepresentations and certifications at an estimated cost of $5,000,said work and applicable conditions of Port approval including thefollowing:

1) Installation of two additional ticket kiosks at theirticket counter, four exist currently. The work willinclude the installation of a new electrical circuitto the existing panel;

and be it

FURTHER RESOLVED that the Board hereby finds and determines thatthis project has been determined to be categorically exempt underCEQA, per CEQA Guidelines Section 15301, Existing Facilities and15303(e), new or conversion of small structures; be it

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and be it


RESOLUTION APPROVING BUILDING PERMITREQUESTED BY PORTS AMERICA OUTER HARBOR(“PAOH”).

RESOLVED that in reliance upon the representations andcertifications set forth upon and submitted with an application byPORTS AMERICA OUTER HARBOR (“PAOH”), (“tenant”) for permission toperform certain work at 1425 Maritime Street, Berths 20—24, Oakland,California, the Board of Port Commissioners (“Board”) hereby approvessame subject to said representations and certifications at anestimated cost of $1,200,000, said work and applicable conditions ofPort approval including the following:

1) Installation of security improvements and demolitionof two structures at the Ports America Terminal. Workincludes installation of new fencing along the street,paving and fencing of a area for employee parking lot,installation of security cameras at the threepedestrian card reader entrances, installation oflighting in the employee parking lot and otherterminal locations, and demolition of buildings 3318and B323;

FURTHER RESOLVED that the Board hereby finds and determines thatthis project has been determined to be categorically exempt from CEQAper Sections 15301(f and 1), 15302(c), 15303(d and e), 15304 (a andf), 15311(b); be it

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or remedy with respect to applicant under any agreement between thePort and the applicant or with respect to any obligation of applicant,or (ii) releases applicant from any obligation with respect to saidwork or with respect to any agreement between the Port and applicantand (b) this resolution is not evidence of and does not create orconstitute (i) a contract, or the grant of any right (other than to



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9/1/11

c

RESOLUTION APPROVING EMPLOYEE PARTICIPATION INTHE PERMANENT EMPLOYEES ON TEMPORARY ASSIGNMENT(PETA) PROGRAM; AND THE TEMPORARY ADDITION OF ONE(1) POSITION IN THE YOUTH AIDE, CLASS BB (PETA)CLASSIFICATION IN THE AVIATION DIVISION.

WHEREAS the Board has reviewed and evaluated the Agenda Reportdated September 1, 2011, Item 5.15 (“Agenda Report”) and relatedmaterials, has received the expert testimony of Port staff, and hasprovided opportunities for and taken public comment; and

WHEREAS in accordance with the Port’s Administrative Policy 110,“Port Driving Standards and Vehicle Accidents”, the Permanent Employeeon Temporary Assignment (PETA) program is available to Port employeeswho are in a classification that requires a valid California driver’slicense and who have lost their driving privileges; and

WHEREAS employees participating in the PETA Program are given aleave of absence from their regular assigned position and are assignedto the Youth Aide BB exempt classification, which allows employees toearn a salary and maintain benefits while working on the reinstatementof their driver’s license status; and be it

RESOLVED that the Board hereby approves Employee Participation inthe Permanent Employees on Temporary Assignment Program and thetemporary addition of one position in the Youth Aide, Class BEClassification; and be it

FURTHER RESOLVED that the Board of Port Commissioners (“Board”)hereby approves the participation of Employee No. 340950 in thePermanent Employees on Temporary Assignment (PETA) Program, effectiveSeptember 1, 2011 through August 31, 2012; and be it

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9/1/11

MCRJjev

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION

OF FIRST AMENDMENT TO SPACE USE PERMIT FOR

WIRELESS FIDELITY COMMUNICATION SERVICES WITH

FREEFI NETWORKS, INC.


approves and authorizes execution for and on behalf of the Board, a

First Amendment to Space Use Permit (“Amendment”), between the CITY OF

OAKLAND, a municipal corporation, acting by and through the Board, and

FREEFI NETWORKS, INC. (i) approving a six-month extension to the

existing Space/Use Permit with FREEFI NETWORKS, INC. to provide for

free wireless fidelity communication services (“Wi—Fi”) at the Airport

for a monthly consideration of $8,600.00 and at the rate proposed and

otherwise upon terms and conditions consistent with those set forth in

Board Agenda Report 6.1, dated September 1, 2011 (“Agenda Report”),

and such standard terms and conditions as specified in the Amendments

and approved by the Executive Director. The Board also authorizes the

Director of Aviation to execute the Amendment to Space/Use Permit

documenting the six-month extension, provided, that the revisions are

consistent with the terms and conditions described in the Agenda

Report, subject to the Port Attorney’s review and approval as to form

and legality; and




15301; and be it

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not create or constitute (a) a contract or agreement, or the grant of

any right, entitlement or property interest, or (b) any obligation or




until a separate written agreement is duly executed on behalf of the

Board as authorized by this resolution, is signed and approved as to

form and legality by the Port Attorney, and is delivered to the other


2

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09/01/11Tab No. 6.MCR/arg


RESOLUTION WAIVING STANDARD BIDDING PROCEDURES AND

AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE

AND EXECUTE A CONTRACT WITH JOHN BEAN TECHNOLOGIES

CORPORATION (JBT) FOR THE PURCHASE AND FURNISHING

OF PRE-CONDITIONED AIR (PC AIR) EQUIPNENT AT GATE

10, OAKLAND INTERNATIONAL AIRPORT, IN A TOTAL

AGGREGATE AMOUNT NOT TO EXCEED $120,000; AND

AUTHORIZING ASSOCIATED ELECTRICAL INFRASTRUCTURE

SUPPORT IN A TOTAL AGGREGATE AMOUNT NOT TO EXCEED

$20,000.




therefore be it




in Agenda Report Tab No. 6.3 (the “Agenda Report”), dated September 1,

2011, and in related agenda materials; and be it


Agenda Report, the Board hereby approves a $140,000 increase to the

Aviation FY 2012 Capital Budget to fund new the PC Air unit at Gate

10, and for the associated electrical infrastructure work by an on—

call electrical contractor needed to accommodate the new entrant

airline; and be it


Agenda Report the Board hereby finds and determines that the proposed

work will constitute an agreement for obtaining professional, technical

or specialized services that are temporary in nature, and that it is in

the best interest of the Port to secure such services without standard

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bidding procedures and that said standard bidding procedures are hereby

waived and be it


to negotiate and execute a contract for the purchase and furnishing of

the PC Air with JBT based upon the receipt of an informal proposal in

a total aggregate amount not to exceed $120,000; and be it; and be it

FURTHER RESOLVED that the provisions of the Port of Oakland

Maritime and Aviation Project Labor Agreement (“MAPLA”) will apply to

both the purchase and furnishing of the PC Air, and to the electrical

infrastructure support for this project; and be it,


this project is categorically exempt from requirements of the

California Environmental Quality Act (CEQA) pursuant to CEQA

Guidelines, Sections 15301, Existing Facilities and 15302, Replacement

and Reconstruction; and be it






in accordance with the terms of this resolution. Unless and until a




party, there shall be no valid or effective agreement.

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09/01/11

JThb No. 6.5 -

M CR/a r


RESOLUTION AWARDING CONTRACT FOR RECONSTRUCTION OF

APRON BETWEEN HANGARS 1 AND 2, NORTH FIELD, OAKLAND

INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA TO OLIVER

DESILVA, INC., A CALIFORNIA CORPORATION, DOING

BUSINESS AS GALLAGHER & BURK, INC. (LIC. NO. 141140))

THE AMOUNT $456,950; FIXING THE AMOUNT OF BONDS;

REJECTING ALL OTHER BIDS AND DIRECTING RETURN OF BID

BONDS TO BIDDERS.




WHEREAS on July 7, 2011, by Resolution No. 11-77 , the Board of

Port Commissioners (hereinafter “Board”) authorized the Director of

Engineering to approve the project manual, authorized staff to

advertise for bids and authorized the Executive Director to award a

contract to the lowest responsible responsive bidder in an amount not

to exceed $400,000; and

WHEREAS three bids were received on August 9, 2011, all exceeding

the amount previously authorized by the Board; now, therefore be





2011, and in related agenda materials; and be it

FURTHER RESOLVED that the Board hereby awards the contract for

Reconstruction of Apron Between Hangars 1 and 2, North Field, Oakland

International Airport, Oakland, California, to Oliver DeSilva, Inc., a

California corporation, doing business as Gallagher & Burk, Inc.,

(Lic. No. 141140) (herein lContractorvJ) , as the lowest responsive and

responsible bidder, in the total amount of $456,950; and be it

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FURTHER RESOLVED that a bond for the faithful performance of thework in the amount of $456,950, and a bond to guarantee the payment ofall claims for labor and materials furnished and for amounts due underthe Unemployment Insurance Code, in the amount of $456,950 shall beprovided by the Contractor as prescribed by applicable laws andregulations and the contract specifications; and be it

FURTHER RESOLVED that the provisions of the Port of OaklandMaritime and Aviation Project Labor Agreement (“MAPLA”) will apply tothis project; and be it,


FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisresolution approves and authorizes the execution of a contract inaccordance with the terms of this resolution. Unless and until aseparate written contract is duly executed on behalf of the Board asauthorized by this resolution, is signed as approved as to form andlegality by the Port Attorney, and is delivered to other contractingparty, there shall be no valid or effective contract.

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September 1, 2011— Item No.: 6-6

MH/kk


RESOLUTION FINDING AND DETERMINING THAT A PROPOSED SECONDSUPPLEMENTAL AGREEMENT WITH SCIENCE APPLICATIONSINTERNATIONAL CORPORATION INCREASING THE MAXIMUM ALLOWABLECOMPENSATION BY $939,174 TO A TOTAL OF $1,614,174 TOPROVIDE CONTINUING CONSULTING SERVICES, CONSTITUTESPROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDING ANDAUTHORIZING EXECUTION OF A SECOND SUPPLEMENTAL AGREEMENT.

RESOLVED that based upon the information contained in BoardAgenda Report Item No. 6-6, dated September 1, 2011 (herein the“Agenda Report”), the Board of Port Commissioners (herein the “Board”)hereby finds and determines that the proposed second supplementalagreement with SCIENCE APPLICATIONS INTERNATIONAL CORPORATION (“SAIC”)to provide continuing environmental consulting services in support ofpetroleum cleanup efforts at Berths 23/24 will constitute an agreementfor obtaining professional, technical and specialized services thatare temporary in nature and that it is in the best interest of thePort to secure such services from SAIC without competitive bidding;and be it

FURTHER RESOLVED that the Board hereby approves and authorizesthe execution for and on behalf of the Board of said secondsupplemental agreement, upon terms and conditions consistent with theAgenda Report and providing that SAIC shall be compensated for suchservices, including costs of miscellaneous reimbursable expenses, at amaximum additional compensation that shall not exceed $939,174; and beit

FtJRTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation or

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liability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of afirst supplemental agreement in accordance with the terms of thisresolution. Unless and until a separate written first supplementalagreement is duly executed on behalf of the Board as authorized bythis resolution, is signed and approved as to form and legality by thePort Attorney, and is delivered to other contracting party, thereshall be no valid or effective first supplemental agreement.

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09/15/11Item No.: 2.2MCR

therefore be it

it


RESOLUTION AUTHORIZING $16,090,000 FOR INCLUSION IN THEFY2O11-2012 CAPITAL BUDGET FOR SHORE POWER PHASE 2.

WHEREAS the Board of Port Commissioners (“Board”) has reviewed andevaluated agenda materials, has received the expert testimony of Portstaff, and has provided opportunities for and taken public comment; now,

RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Item No. 2.2 (the “Agenda Report”), dated September 15,2011, and in related agenda materials and in testimony received; and be

FURTHER RESOLVED that the Board hereby authorizes $16,090,000 be

included in the FY2O1O-2011 Capital Budget for the planning, designand construction of the Phase 2 Shore Power Program; and be it


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At the regular meeting held on September 15, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Head, Yee and President Calloway - 4 Excused: Commissioners Gordon, Lighty & Uno - 3 Noes: 0

09/15/11Tab No. 2.2MCR/,


RESOLUTION AUTHORIZING THE DIRECTOR OF ENGINEERING TOAPPROVE PLANS AND PROJECT MANUAL FOR SHORE POWER SYSTEMCONSTRUCTION BERTHS 25,35, 37, 55, 59, AND 68; CALLINGFOR BIDS THEREFOR; AND AUTHORIZING THE EXECUTIVEDIRECTOR TO AWARD A CONTRACT TO THE LOWEST RESPONSIBLERESPONSIVE BIDDER IN AN AMOUNT NOT TO EXCEED THEENGINEER’ S ESTIMATE AS OUTLINED IN THE AGENDA REPORT


RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab No. 2.2 (the “Agenda Report”), dated September 15,2011, and in related agenda materials and in testimony received; and beit


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FURTHER RESOLVED that the Director of Engineering or his designeeis authorized to approve the plans and specifications for Shore PowerSystem Construction Berths 25, 35, 37, 55, 59, ND 68, Oakland,California in advance of construction, pursuant to Government CodeSection 830.6; and be it



FURTHER RESOLVED that the Board hereby approves and authorizesthe Executive Director to award a contract to the lowest responsibleresponsive bidder, based upon the receipt of formal sealed bids, in anamount not to exceed the amount certified by the Board, for Shore PowerSystem Construction Berths 25, 35, 37, 55, 59, ND 68, Oakland,California, upon terms and conditions consistent with said AgendaReport, provided, that if the lowest responsible responsive bidexceeds the estimated budgeted amount, Staff will return to the Boardfor award of the contract; and be it

FURTHER RESOLVED that based upon the information contained in theAgenda Report the Board hereby authorizes the rejection of all otherbids received for Shore Power System Construction Berths 25, 35, 37, 55,59, ND 68, Oakland, California, and directs that securitiesaccompanying said bids shall be returned to the respective bidders;and be it

FURTHER RESOLVED that the Board hereby finds and determines thatin accordance with the requirements of the California EnvironmentalQuality Act (CEQA) and the Port CEQA Guidelines, it can be seen thatthere is no possibility that taking the recommended actions willresult in a physical change to the environment, and therefore nofurther environmental review is required. The general rule in Section15061(b) (3) of the CEQA Guidelines states that CEQA applies only toactivities that have a potential of causing a significant effect onthe environment; and be it

FURTHER RESOLVED that the Board hereby finds and determines thatit adopted the Final Initial Study/Negative Declaration for theMaritime Utilities Upgrade project on May 18, 2010, by Resolution No.10—56, and that the shore power construction project is consistentwith that project description, so no additional environmental analysis

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is required for award and execution of a contract to construct theshore power facilities; and be it





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09/15/11


RESOLUTION AUTHORIZING THE DIRECTOR OF ENGINEERING TOAPPROVE PLANS ND PROJECT MANUAL FOR SHORE POWER SYSTEMCONSTRUCTION BERTHS 30 AND 32; CALLING FOR BIDSTHEREFOR; AND AUTHORIZING THE EXECUTIVE DIRECTOR TOAWARD A CONTRACT TO THE LOWEST RESPONSIBLE RESPONSIVEBIDDER IN AN AMOUNT NOT TO EXCEED THE ENGINEER’ SESTIMATE AS OUTLINED IN THE AGENDA REPORT.


RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab No. 2.2 (the “Agenda Report”), dated September 15,2011, and in related agenda materials and in testimony received; and beit


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FURTHER RESOLVED that the Director of Engineering or his designeeis authorized to approve the plans and specifications for Shore PowerSystem Construction Berths 30 and 32, Outer Harbor, Oakland, Californiain advance of construction, pursuant to Government Code Section 830.6;and be it


FURTHER RESOLVED that the provisions of the Maritime and AviationProject Labor Agreement (“MAPLA”) apply to this project. However, forpurposes of this project, which is funded through an agency oragencies of the United States Department of Transportation, theprovisions of the MAPLA permitting the possible imposition ofsanctions and/or binding arbitration for failure to demonstrate “goodfaith” efforts to meet local hiring goals have been deemedinapplicable; and be it,

FURTHER RESOLVED that the Board hereby approves and authorizesthe Executive Director to award a contract to the lowest responsibleresponsive bidder, based upon the receipt of formal sealed bids, in anamount not to exceed the amount certified by the Board, for Shore PowerSystem Construction Berths 30 and 32, Outer Harbor, Oakland, California,upon terms and conditions consistent with said Agenda Report,provided, that if the lowest responsible responsive bid exceeds theestimated budgeted amount, Staff will return to the Board for award ofthe contract; and be it

FURTHER RESOLVED that based upon the information contained in theAgenda Report the Board hereby authorizes the rejection of all otherbids received for Shore Power System Construction Berths 30 and 32,Outer Harbor, Oakland, California, and directs that securitiesaccompanying said bids shall be returned to the respective bidders;and be it


in accordance with the requirements of the California Environmental

Quality Act (CEQA) and the Port CEQA Guidelines, it can be seen that

there is no possibility that taking the recommended actions will

result in a physical change to the environment, and therefore no

further environmental review is required. The general rule in Section

15061(b) (3) of the CEQA Guidelines states that CEQA applies only to

activities that have a potential of causing a significant effect on

the environment; and be it


it adopted the Final Initial Study/Negative Declaration for the

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Maritime Utilities Upgrade project on May 18, 2010, by Resolution No.10—56, and that the shore power construction project is consistentwith that project description, so no additional environmental analysisis required for award and execution of a contract to construct theshore power facilities; and be it






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September 15, 2011

rj

RESOLUTION FINDING AND DETERMINING THAT A PROPOSEDTHIRD SUPPLEMENTAL AGREEMENT WITH BARNEY AND BARNEY,LLC AT A MAXIMUM COMPENSATION OF $45,000 FOR CONSULT

ING SERVICES CONSTITUTES PROFESSIONAL, TECHNICAL AND

SPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,

WAIVING COMPETITIVE BIDDING AND AUTHORIZING EXECUTION

OF SAID SUPPLEMENTAL AGREEMENT.

WHEREAS by Resolution No. 07323, adopted by the Board of PortCommissioners (the “Board”) on December 4, 2007, as amended by ResolutionNo. 08214, adopted on October 7, 2008 and as amended by Resolution No. 10—116, adopted on September 7, 2010, the Board authorized an Agreement withBARNEY AND BARNEY, LLC, for consulting services with respect to insurancebenefits brokerage services; and

WHEREAS it is desirable at this time to further amend saidAgreement to authorize the Executive Director of the Port to approve additional work under said Agreement as set forth in the Board Agenda ReportItem No. 5.3, dated September 15, 2011 (herein the “Agenda Report”), andadditional compensation for such work; and

WHEREAS the Board has reviewed and evaluated the Agenda Reportand related agenda materials, has received the expert testimony of Portstaff, and has provided opportunities for and taken public comment; and be

RESOLVED that the Board hereby finds and determines that theproposed Third Supplemental Agreement with BARNEY AND BARNEY, LLC willconstitute an agreement for obtaining professional, technical andspecialized services that are temporary in nature and that it is in the bestinterest of the Port to secure such services from BARNEY AND BARNEY, LLC

without competitive bidding; and be it

it

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FURTHER RESOLVED that the Board hereby approves and authorizesthe Executive Director to execute for and on behalf of the Board said ThirdSupplemental Agreement, upon terms and conditions consistent with the AgendaReport and providing that BAP.NEY AND BARNEY, LLC shall be compensated forsuch services including costs of miscellaneous reimbursable expenses at amaximum compensation that shall not exceed $45,000 for one (1) year; and beit

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liability on thepart of the Board or any officer or employee of the Board. This resolutionapproves and authorizes the execution of an agreement in accordance with theterms of this resolution. Unless and until a separate written agreement isduly executed on behalf of the Board as authorized by this resolution, issigned and approved as to form and legality by the Port Attorney, and isdelivered to other contracting party, there shall be no valid or effectiveagreement; and be it

FURTHER RESOLVED that in acting upon this matter, the Board hasexercised its independent judgment based on substantial evidence in therecord and adopts and relies upon the facts, data, analysis, and findingsset forth in the Agenda Report and in related agenda materials and intestimony received.

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September 15, 2011Item No.: 6.1Mv


RESOLUTION FINDING AND DETERMINING THAT A PROPOSEDAGREEMENT WITH BRUEL AND KJAER EMS, INC. AT A MAXIMUMCOMPENSATION OF $799,222 FOR CONSULTING SERVICES CONSTITUTESPROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING STANDARD BIDDING PROCEDURESAND AUTHORIZING EXECUTION OF AGREEMENT.

WHEREAS the Board of Port Commissioners (herein the “Board”) has reviewed and evaluatedthe Board Agenda Report Item No. 6.1, dated September 15, 2011 (herein the “Agenda Report”) andrelated agenda materials, has received the expert testimony of Port staff, and has provided opportunitiesfor and taken public comment; and be it

RESOLVED that in acting upon this matter, the Board has exercised its independent judgmentbased on substantial evidence in the record and adopts and relies upon the facts, data, analysis, andfindings set forth in the Agenda Report and in related agenda materials and in testimony received; and beIt

FURTHER RESOLVED that based upon the information contained the Agenda Report, theBoard hereby finds and determines that the proposed agreement with BRUEL AND KJAER EMS,INC. for Noise Office Support Services for the Maintenance of the Airport Noise and OperationsMonitoring Systems (ANOMS) at Oakland International Airport will constitute an agreement forobtaining professional, technical and specialized services that are temporary in nature and that it is in thebest interest of the Port to secure such services from BRUEL AND KJAER EMS, INC. withoutstandard bidding and standard competitive bidding procedures are waived and be it

FURTHER RESOLVED that the Board hereby approves and authorizes the Executive Directorto execute for and on behalf of the Board said agreement, upon terms and conditions consistent with theAgenda Report and providing that BRUEL AND KJAER EMS, INC. shall be compensated for suchservices, including costs of miscellaneous reimbursable expenses, at a maximum compensation that shallnot exceed $799,222 for the initial term (four years and nine months), unless additional work up to an

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total additional amount of $1,183,156 through exercise of five (5) one-year options is approved in writingby the Executive Director; and be it


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9/15/11I 6.2

CT:mj C-I

RESOLUTION AMENDING RESOLUTION NO. 20228

AUTHORIZING CERTAIN MARKETING INCENTIVE PROGRAMS

AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT.

WHEREAS the Board has reviewed and evaluated the Agenda Reportdated September 15, 2011, Item 6.2 (the “Agenda Report”) and relatedmaterials, has received the expert testimony of Port staff, and hasprovided opportunities for and taken public comment; and

WHEREAS by Resolution No. 20228, adopted by the Board of PortCommissioners (the HBoardTI) on June 20, 2000, the Board authorized theDomestic Air Service Marketing Incentive Program (the “DomesticIncentive Program”), to encourage development of new passenger and aircargo service at Oakland International Airport (“Airport”) ; and

RESOLVED, that the Board hereby (i) approves the restatement andrefinement of Resolution No. 20228 to clarify certain terms andconditions of the Domestic Incentive Program as set forth in theAgenda Report, to more clearly represent the Domestic IncentiveProgram to airlines contemplating domestic air service to the Airport,(ii) delegates to the Director of Aviation the latitude to furtheramend the Domestic Incentive Program to remain competitive with otherairports subject to the subsequent ratification of the amendments bythe Board, (iii) authorizes the Director of Aviation to enter into aCooperative Advertising Program with the airline(s) providing newdomestic air service in an amount of up to $50,000 in Port matchingfunds (if budgeted), and (iv) authorizes the Director of Aviation toamend the terns of the standard form Airline Operating Agreement, andif applicable, the Annex “A” Space/Use Permit to implement theDomestic Incentive Program with the airline providing new domestic airservice, all as more fully described in the Agenda Report; and be it

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract or lease, entitlement orproperty interest, or (b) any obligation or liability on the part ofthe Board or any officer or employee of the Board. This resolutionapproves and authorizes the execution of agreement(s) in accordancewith the terms of this resolution. Unless and until separate writtenagreement(s) are duly executed on behalf of the Board as authorized by

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this resolution, is signed and approved as to form and legality by thePort Attorney, and is delivered to the other contracting party, thereshall be no valid or effective agreement Cs) ; and


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09/15/11Tab6.3MCR/ar)


RESOLUTION APPROVING AND AUTHORIZING A BUDGET INCREASETO $7,523,893 FOR TAXIWAYS W AND U PAVEMENT IMPROVEMENTPROGRAM, PHASE 1 PROJECT; AUTHORIZING ACCEPTANCE OFADDITIONAL FEDERAL AVIATION ADMINISTRATION (“FAA”)GRANT FUNDS UP TO A MAXIMUM OF $6,063,505; AUTHORIZINGTHE EXECUTIVE DIRECTOR TO AWARD A CONTRACT AND/ORNEGOTIATE AND APPROVE CHANGE ORDERS TO THE LOWESTRESPONSIBLE, RESPONSIVE BIDDER, SUBJECT TO RECEIPT OFFEDERAL AVIATION ADMINISTRATION (“FAA”) GRANT FUNDING,IN AN AMOUNT NOT TO EXCEED $5,317,830.


WHEREAS on January 18, 2011, pursuant to Resolution No. 11-14 theBoard approved and authorized the project budget, authorized theDirector of Engineering to approve the plans and project manualauthorized advertisement for bids, and authorized the Executive Directorto award a contract to the lowest responsible responsive bidder; and

WHEREAS on July 7, 2011, pursuant to Resolution No. 11-78, theBoard authorized staff to accept funding, award a construction contract,and allocated a total Project Phase 1 budget of $5,195,00, pursuant toreceipt of additional Federal Aviation Adrninistration(”FAA”) fundingavailable at that time; now therefore be it

RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab No. 6.3, dated September 15,2011, and in relatedagenda materials and in testimony received; and be it

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Agenda Report, the Board hereby finds and determines that it is in thebest interest of the Port to approve an increase to the budgetauthorization for fiscal year 2010-11, for Taxiways W and U PavementImprovement Program, South Field, Oakland International Airport,Oakland, California AlP 3-06-0170(Future) for a total project budgetauthorization amount not to exceed $7,523,893; and

FURTHER RESOLVED that the Board hereby approves and authorizes anincrease to the Executive Director’s authority to award a contractand/or negotiate and authorize change orders to the lowestresponsible, responsive bidder, based upon the receipt of formalsealed bids, for Taxiways W and U Pavement Improvement Program, SouthField, Oakland International Airport, Oakland, California AlP 3-06-0170(Future), for a total contract authorization amount not to exceed$5,317,830, subject to receipt additional Federal AviationAdministration (FAA) grant funding, provided; and be it

FURTHER RESOLVED that the Executive Director is hereby authorizedand directed to accept additional AlP grant funding on behalf of saidBoard, and the Secretary is hereby authorized and directed to attestto the execution of the grant or grant acceptance, if deemednecessary, when said Grant Offers are released by the FAA up to thetotal maximum amount of $6,063,505; and be it


Project Labor Agreement (“MAPLA”) apply to this project. However, for

purposes of this project, which is funded through an agency or

agencies of the United States Department of Transportation, the

provisions of the MAPLA permitting the possible imposition of

sanctions and/or binding arbitration for failure to demonstrate “good

faith” efforts to meet local hiring goals have been deemedinapplicable; and be it,


not create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board.







agreement.

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09/15/11Tab 6.4MCRj

RESOLUTION APPROVING AND AUTHORIZING THE PROJECT BUDGETOF $150,000 FOR BERTHS 60-63 WHARF REPLACEMENT STUDIES.


RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab No. 6.4, dated September 15, 2011, and in relatedagenda materials and in testimony received; and be it

FURTHER RESOLVED that based upon the information contained in theAgenda Report, the Board hereby finds and determines that it is in thebest interest of the Port to approve and authorize the project budget ina total aggregate amount not to exceed $150,000, for Berths 60-63 WharfReplacement Studies, as more fully described in the Agenda Report; andbe it

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I 09/15/11I Tab 6.4MCR/arg

therefore be it

it

RESOLUTION APPROVING AND AUTHORIZING CAPITAL PROJECTBUDGET OF $1,000,000; AUTHORIZING THE DIRECTOR OF

ENGINEERING TO APPROVE PLANS AND PROJECT MANUAL FOR

COMPREHENSIVE TRUCK MANAGEMENT PLAN (CTMP) PROJECTS;CALLING FOR BIDS THEREFOR; AUTHORIZING THE EXECUTIVE

DIRECTOR TO AWARD A CONTRACT TO THE LOWEST RESPONSIBLE

RESPONSIVE BIDDER IN AN AMOUNT NOT TO EXCEED $650,000;AND AUTHORIZING PROFESSIONAL SERVICES AGREEMENT FOR A

VIRTUAL CONTAINER YARD SIMULATIONS STUDY IN AN AMOUNTNOT TO EXCEED $200,000.








2011, and in related agenda materials and -in testimony received; and be



best interest of the Port to approve and authorize the capital project

budget for FY 2011-2012 in a total aggregate amount not to exceed

$1,000,000 for Comprehensive Truck Management Plan (CTMP) Projects,

Oakland, California, as more fully described in the Agenda Report; and

be it

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provided for in the project manual and the subsequent development

approved by this resolution are in conformity with the General Plan of

the City; and be it


is authorized to approve the plans and specifications for Comprehensive

Truck Management Plan (CTMP) Projects, Oakland, California, in advance

of construction, pursuant to Government Code Section 830.6; and be it





bids; and be it






Comprehensive Truck Management Plan (CTMP) Projects, Oakland,

California, in an amount not to exceed $650,000; and be it



bids received for Comprehensive Truck Management Plan (CTMP) Projects,

Oakland, California, and directs that securities accompanying said

bids shall be returned to the respective bidders; and be it



















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FURTHER RESOLVED that the Board hereby approves arid authorizes the

Executive Director to execute for and on behalf of the Board an

agreement with a consultant selected from a formal competitive process

to perform virtual container yard simulations study services, upon terms

and conditions consistent with the Agenda Report and providing that the

selected Consultant shall be compensated for such services, including

costs of miscellaneous reimbursable expenses, at a maximum compensation

that shall riot exceed the amount set forth in the Agenda Report; and be

it














agreement.

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c\J/09/15/11Tab No. 6.MCR/ar


RESOLUTION APPROVING AND AUTHORIZING THE PROJECTBUDGET OF $1,500,000 FOR REHABILITATION OFCONTAINER YARD PAVING AND INFRASTRUCTUREPROJECTS; FINDING AND DETERMINING THAT IT IS INTHE BEST INTEREST OF THE PORT TO CONTRACT SUCHWORK WITHOUT STANDARD BIDDING PROCEDURES; ANDAUTHORIZING EXECUTION OF A CONTRACT(S) IN A TOTALAGGREGATE AMOUNT NOT TO EXCEED $1,300,000, BASED

ON RECEIPT OF INFORMAL PROPOSALS.


RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab 6.4 (“Agenda Report”), dated September 15, 2011,and in related agenda materials and in testimony received; and be it

FURTHER RESOLVED that based upon the information contained in theAgenda Report, the Board hereby finds and determines that it is in thebest interest of the Port to approve and authorize the capital projectbudget for FY 2011—2012 in a total aggregate amount not to exceed$1,500,000 for Rehabilitation of Container Yard Paving andInfrastructure Projects, Oakland, California, as more fully describedin the Agenda Report; and be it








in advance of construction, pursuant to Government Code Section 830.6;and be it

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FURTHER RESOLVED that based upon the information contained in

Board Agenda Report Tab No. 6.4, dated September 15, 2011, the Board

hereby finds and determines that it is in the best interest of the Port

to accomplish the Rehabilitation of Container Yard Paving and

Infrastructure Projects, Oakland, California as identified in the Agenda

Report without Standard Bidding procedures and that said Standard

Bidding procedures are hereby waived; and be it


Executive Director to negotiate and execute a contract(s), change

order(s), or work authorization order(s), based upon the receipt of

informal proposals from on—call contractors, including Small Business

Enterprise (SBE) contractors as appropriate for the six and type of

project, currently under contract with the Port for other Port work, for

work for the Rehabilitation of Container Yard Paving and Infrastructure

Projects, Oakland, California, upon terms and conditions consistent with

said Agenda Report; and be it;

FURTHER RESOLVED that if the Executive Director determines that

no acceptable proposal(s) has been received from an on—call

contractor(s) currently under contract with the port, he is hereby

authorized to negotiate and execute a contract for such work in the

open market based upon the receipt of informal proposals; and be it

FURTHER RESOLVED that the aggregate total of all contracts,

change orders, work authorization orders, or purchase orders for both

construction and materials authorized by this resolution, including

any taxes, duties and transportation costs, shall not exceed

$1,300,000; and be it






and be it


Project Labor Agreement (“MAPLA”) apply to this project(s); and be it










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FURTHER RESOLVED that, pursuant to Port Ordinance 1606, Section22, the Board finds and determines it to be in the Port’s best interestto delegate to the Executive Director, and hereby delegates to theExecutive Director, the authority to finally resolve bid protests inconnection with this project; and be it

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract(s), or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisresolution approves and authorizes the execution of an agreement(s) inaccordance with the terms of this resolution. Unless and until aseparate written agreement(s) is duly executed on behalf of the Board asauthorized by this resolution, is signed as approved as to form andlegality by the Port Attorney, and is delivered to other contractingparty, there shall be no valid or effective agreement(s)

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‘-.- t) ‘ 09/15/11

\JTab No. 64)MCR/aro


RESOLUTION APPROVING AND AUTHORIZING THE PROJECT

BUDGET OF $300,000 FOR REHABILITATION OF SEWERLINE AT MARITIME STREET; FINDING AND DETERMININGTHAT IT IS IN THE BEST INTEREST OF THE PORT TOCONTRACT SUCH WORK WITHOUT STANDARD BIDDINGPROCEDURES; AND AUTHORIZING EXECUTION OF ACONTRACT IN A TOTAL AGGREGATE AMOUNT NOT TOEXCEED $275,000, BASED ON RECEIPT OF INFORMAL

PROPOSALS.




therefore be it




in Agenda Report Tab 6.4 (“Agenda Report”), dated September 15, 2011,

and in related agenda materials and in testimony received; and be it



best interest of the Port to approve and authorize the capital project

budget for FY 2011—2012 in a total aggregate amount not to exceed

$300,000 for Rehabilitation of Sewer Line at Maritime Street, Oakland,

California, as more fully described in the Agenda Report; and be it









and be it

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FURTHER RESOLVED that based upon the information contained in Board Agenda Report Tab No. 6.4, dated September 15, 2011, the Board hereby finds and determines that it is in the best interest of the Port to accomplish the Rehabilitation of Sewer Line at Maritime Street, Oakland, California as identified in the Agenda Report without Standard Bidding procedures and that said Standard Bidding procedures are hereby waived; and be it FURTHER RESOLVED that the Board hereby approves and authorizes the Executive Director to negotiate and execute a contract(s), change order(s), or work authorization order(s), based upon the receipt of informal proposals from on-call contractors, including Small Business Enterprise (SBE) contractors as appropriate for the six and type of project, currently under contract with the Port for other Port work, for work for the Rehabilitation of Sewer Line at Maritime Street, Oakland, California, upon terms and conditions consistent with said Agenda Report; and be it; FURTHER RESOLVED that if the Executive Director determines that no acceptable proposal(s) has been received from an on-call contractor(s) currently under contract with the port, he is hereby authorized to negotiate and execute a contract for such work in the open market based upon the receipt of informal proposals; and be it FURTHER RESOLVED that the aggregate total of all contracts, change orders, work authorization orders, or purchase orders for both construction and materials authorized by this resolution, including any taxes, duties and transportation costs, shall not exceed $300,000; and be it

FURTHER RESOLVED that bonds for the faithful performance of the work, and a bond to guarantee the payment of all claims for labor and materials furnished and for amounts due under the Unemployment Insurance Code shall be provided by the Contractors as prescribed by the applicable laws and regulations and the contract specifications; and be it

FURTHER RESOLVED that the provisions of the Maritime and Aviation Project Labor Agreement (“MAPLA”) apply to this project(s); and be it

FURTHER RESOLVED that the Board hereby finds and determines that in accordance with the requirements of the California Environmental Quality Act (CEQA) and the Port CEQA Guidelines, it can be seen that there is no possibility that taking the recommended actions will result in a physical change to the environment, and therefore no further environmental review is required. The general rule in Section 15061(b)(3) of the CEQA Guidelines states that CEQA applies only to activities that have a potential of causing a significant effect on the environment; and be it

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to delegate to the Executive Director, and hereby delegates to theExecutive Director, the authority to finally resolve bid protests inconnection with this project; and be it

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract(s), or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisresolution approves and authorizes the execution of an agreement(s) inaccordance with the terms of this resolution. Unless and until aseparate written agreement(s) is duly executed on behalf of the Board asauthorized by this resolution, is signed as approved as to form andlegality by the Port Attorney, and is delivered to other contractingparty, there shall be no valid or effective agreement(s)

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r9/15/11

CT:rnj


RESOLUTION ADDING ONE POSITION OF PORT CONTROLLER.


dated September 15, 2011, Item 6.5 (“Agenda Report”) and related

materials, has received the expert testimony of Port staff, and has

provided opportunities for and taken public comment; and

RESOLVED that the Board hereby approves the addition of one

position of Port Controller and as more fully described in the Agenda

Report; and be it






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9/15/11


RESOLUTION DETERMINING THAT IMMEDIATE ACTION ISREQUIRED TO AVOID A SUBSTANTIAL ADVERSE IMPACT IFACTION WERE DEFERRED TO A SUBSEQUENT SPECIAL ORREGULAR MEETING AND THAT THE NEED FOR SUCH ACTIONCANE TO THE ATTENTION OF THE BOARD SUBSEQUENT TOTHE ORIGINAL AGENDA BEING POSTED.

WHEREAS, an additional item, (Item 6.6) to be considered wasposted on a Supplemental Agenda for the regular meeting of the Boardof Port Commissioners (“Board”) of September 15, 2011, after postingof the original agenda; and be it

RESOLVED, that the Board hereby determines that immediate actionis required to add Item 6.6 to avoid a substantial adverse impact ifaction were deferred to a subsequent special or regular meeting andthat the need for such action came to the attention of the Boardsubsequent to the original agenda being posted for the Board’sSeptember 15, 2011 regular meeting.

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9/15/11

C1mj


RESOLUTION APPROVING REAPPOINTMENT OF EMPLOYEE IDNUMBER 384891 TO FORMER CLASSIFICATION OF CUSTODIAN.

WHEREAS the Board has reviewed and evaluated the Agenda Reportdated September 15, 2011, Item 6.6 (“Agenda Report”) and relatedmaterials, has received the expert testimony of Port staff, and hasprovided opportunities for and taken public comment; and

RESOLVED that the Board of Port Commissioners (“Board”) herebyapproves the reappointment of Employee No. 384891 to formerclassification of Custodian, and as more fully described in the AgendaReport; and be it


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October 6, 2011Item No.: 3.3MH/kk


RESOLUTION AUTHORIZING THE CONSOLIDATION OF THE

PORT’S FOUR POLLUTION LIABILITY INSURANCE

POLICIES INTO A CONSOLIDATED PROGRAM EFFECTIVE

NOVEMBER 9, 2011.


hereby authorizes the Executive Director to consolidate the Port’s four

Pollution Liability Insurance Polices into a consolidated program

effective November 9, 2011, with the most responsive carrier(s), for

the terms set forth and in accordance with Agenda Report Item No.3.3

(“Agenda Report”) dated October 6, 2011 including, without limitation

for an annualized premium of no more than $300,000 and annualized

savings of no less than $25,000; and be it

FURTHER RESOLVED that in the event that the terms for the

consolidated program provided to the Port by November 9, 2011 deviate

materially and unfavorably from those described as Option B in the

Agenda Report, and/or the pricing does not achieve an annualized

premium of no more than $300,000 and annualized savings of no less than

$25,000, then the Board herby authorizes the Executive Director to

renew the Airport Pollution Liability Insurance Policy with pricing and

coverage terms at least as favorable as those currently in effect.

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At the regular meeting held on October 6, 2011 Passed by the following vote: Ayes: Commissioners Gordon, Head, Uno, Yee and President Gonzales - 5 Excused: Commissioner Lighty & President Calloway - 2 Noes: 0


October 6, 2011

comment; and be it

RESOLUTION FINDING AND DETERMINING THAT PROPOSEDAGREEMENTS WITH ONE OR MORE CONSULTANTS AT A COMBINEDMAXIMUM COMPENSATION OF $1,200,000 FOR ON-CALL CRANESTRUCTURAL INSPECTION AND MATERIAL TESTING SERVICESCONSTITUTES PROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICESTHAT ARE TEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF AGREEMENT.

WHEREAS the Board of Port Commissioners (herein the “Board”) has reviewed and evaluated theBoard Agenda Report Item No. 6.2, dated October 6, 2011 (herein the “Agenda Report”) and related agendamaterials, has received the expert testimony of Port staff and has provided opportunities for and taken public

RESOLVED that in acting upon this matter, the Board has exercised its independent judgmentbased on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findingsset forth in the Agenda Report and in related agenda materials and in testimony received; and be it

RESOLVED that based upon the information contained in Board Agenda Report Item No. 6.2,dated October 6, 2011 (herein the “Agenda Report”), the Board of Port Commissioners hereby finds anddetermines that the proposed agreements between the Port and various consultants to provide on-call cranestructural inspection and material testing services will constitute agreements for obtaining professional,technical and specialized services that are temporary in nature and that it is in the best interest of the Port tosecure such services without competitive bidding and standard bidding procedures are waived; and be it

FURTHER RESOLVED that the Board of Port Commissioners hereby approves and authorizes theexecution of said agreements for and on behalf of the Board, upon terms and conditions consistent with theAgenda Report and providing that such consultants shall be compensated for crane structural inspection andmaterial testing services, including costs of miscellaneous reimbursable expenses, at a combined maximumcompensation that shall not exceed $1,200,000 and for a contract period that shall not exceed three (3) years;and be it

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FURTHER RESOLVED that this resolution is not evidence of and does not create or constitute (a) acontract, or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part ofthe Board or any officer or employee of the Board. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless and until a separate written agreement is dulyexecuted on behalf of the Board as authorized by this resolution, is signed and approved as to form and legalityby the Port Attorney, and is delivered to other contracting party, there shall be no valid or effective agreement.

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October 6, 2011

2e0

RESOLUTION FINDING AND DETERMINING THAT PROPOSEDAGREEMENTS WITH ONE OR MORE CONSULTANTS AT A COMBINEDMAXIMUM COMPENSATION OF $1,200,000 FOR ON-CALL MATERIALTESTING AND CONSTRUCTION INSPECTION SERVICES CONSTITUTESPROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDING ANDAUTHORIZING EXECUTION OF AGREEMENT.

WHEREAS the Board of Port Commissioners (herein the “Board”) has reviewed and evaluated theBoard Agenda Report Item No. 6.2, dated October 6, 2011 (herein the “Agenda Report”) and related agendamaterials, has received the expert testimony of Port staff, and has provided opportunities for and taken publiccomment; and be it


RESOLVED that based upon the information contained in Board Agenda Report Item No. 6.2,dated October 6, 2011 (herein the “Agenda Report”), the Board of Port Commissioners hereby finds anddetermines that the proposed agreements between the Port and various consultants to provide on-call materialtesting and construction inspection services will constitute agreements for obtaining professional, technicaland specialized services that are temporary in nature and that it is in the best interest of the Port to securesuch services without competitive bidding and standard bidding procedures are waived; and be it

FURTHER RESOLVED that the Board of Port Commissioners hereby approves and authorizes theexecution of said agreements for and on behalf of the Board, upon terms and conditions consistent with theAgenda Report and providing that such consultants shall be compensated for material testing andconstruction inspection services, including costs of miscellaneous reimbursable expenses, at a combinedmaximum compensation that shall not exceed $1,200,000 and for a contract period that shall not exceed three(3) years; and be it

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FURTHER RESOLVED that this resolution is not evidence of and does not create or constitute (a) acontract, or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part ofthe Board or any officer or employee of the Board. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless and until a separate written agreement is dulyexecuted on behalf of the Board as authorized by this resolution, is signed and approved as to form and legality

by the Port Attorney, and is delivered to other contracting party, there shall be no valid or effective agreement.

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October 6, 2011

Item No.: 6.2 (3)MR/jev


RESOLUTION FINDING AND DETERMINING THAT A PROPOSEDAGREEMENT WITH A CONSULTANT AT A MAXIMUM COMPENSATION OF$450,000 FOR ON-CALL HYDROGRAPHIC SURVEYING AND MAPPINGSERVICES CONSTITUTES PROFESSIONAL, TECHNICAL AND SPECIALIZEDSERVICES THAT ARE TEMPORARY IN NATURE, WAIVING COMPETITIVEBIDDING AND AUTHORIZING EXECUTION OF AGREEMENT.

WHEREAS the Board of Port Commissioners (herein the “Board”) has reviewed and evaluated theBoard Agenda Report Item No. 6.2, dated October 6, 2011 (herein the “Agenda Report”) and related agendamaterials, has received the expert testimony of Port staff, and has provided opportunities for and taken publiccomment; and be it


RESOLVED that based upon the information contained in Board Agenda Report Item No. 6.2,dated October 6, 2011 (herein the “Agenda Report”), the Board of Port Commissioners hereby finds anddetermines that a proposed agreement between the Port and a consultant to provide hydrographic surveyingand mapping services will constitute an agreement for obtaining professional, technical and specializedservices that are temporary in nature and that it is in the best interest of the Port to secure such serviceswithout competitive bidding and standard bidding procedures are waived; and be it

FURTHER RESOLVED that the Board of Port Commissioners hereby approves and authorizes theexecution of said agreement for and on behalf of the Board, upon terms and conditions consistent with theAgenda Report and providing that such consultant shall be compensated for hydrographic surveying andmapping services, including costs of miscellaneous reimbursable expenses, at a maximum compensation thatshall not exceed $450,000 and for a contract period that shall not exceed three (3) years; and be it

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FURTHER RESOLVED that this resolution is not evidence of and does not create or constitute (a) acontract, or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part ofthe Board or any officer or employee of the Board. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless and until a separate written agreement is dulyexecuted on behalf of the Board as authorized by this resolution, is signed and approved as to form and legalityby the Port Attorney, and is delivered to other contracting party, there shall be no valid or effective agreement.

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10/06/11


RESOLUTION GRANTING AUTHORIZATION TO INCLUDE

FURNISHING LABOR, MATERIALS, AND EQUIPMENT FOR

INSPECTING AND CLEANING PORT OF OAKLAND SANITARY

SEWERS FOR THE PERIOD COMMENCING NO LATER THAN

JULY 1, 2012 AND ENDING NO LATER THAN JUNE 30,2015, IN THE SMALL BUSINESS PROGRAM; FINDING ANDDETERMINING THAT IT IS IN THE BEST INTEREST OFTHE PORT TO CONTRACT FOR SUCH WORK WITHOUTSTANDARD BIDDING PROCEDURES; AND AUTHORIZINGEXECUTION OF A CONTRACT FOR SUCH WORK BASED ON

RECEIPT OF INFORMAL PROPOSALS IN A TOTAL

AGGREGATE AMOUNT NOT TO EXCEED $750,000 FOR A

MAXIMUM THREE AND ONE-HALF YEAR PERIOD, BASED ON

RECEIPT OF INFORMAL PROPOSALS.




therefore be it

RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record and


in Agenda Report Tab 6.2 (“Agenda Report”), dated October 6, 2011, and










and be it


Agenda Report, the Board hereby finds and determines that the Port’s

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Small Business Utilization (SBU) Program encourages small contractors todevelop the capacity to perform public works contracts on a competitivebasis, thereby increasing the pool of competitive contractors for futurePort contracts; and therefore it is in the best interest of the Port toaccomplish the Furnishing Labor, Materials, and Equipment for Inspectingand Cleaning Port of Oakland Sanitary Sewers, Commencing No Later thanJuly 1, 2012, and Ending No Later Than June 30, 2015, Oakland,California (for a maximum 3 year period), without standard biddingprocedures and that said standard bidding procedures are hereby waived,if the contract is awarded pursuant to the Port’s SBU program ; and beit

FURTHER RESOLVED that the Board authorizes that the FurnishingLabor, Materials, and Equipment for Inspecting and Cleaning Port ofOakland Sanitary Sewers, Commencing No Later than July 1, 2012, andEnding No Later Than June 30, 2015, Oakland, California (for a maximum 3

year period), be included in the Small Business Program; and be it;

FURTHER RESOLVED that the Board hereby approves and authorizesthe execution for and on behalf of the Board of a contract with alocal small contractor, for Furnishing Labor, Materials, and Equipmentfor Inspecting and Cleaning Port of Oakland Sanitary Sewers, CommencingNo Later than July 1, 2012, and Ending No Later Than June 30, 2015,Oakland, California (for a maximum 3 year period), based upon thereceipt of informal proposals, in the total aggregate amount not toexceed $750,000 for the 3 year period; and be it

FURTHER RESOLVED that if the Executive Director determines thatstaff is unsuccessful in identifying at least three (3) certifiedsmall local contractors willing and able to bid or that no acceptableproposals have been received from local small contractors, the Boardhereby approves and authorizes the Executive Director to solicitproposals in the open market, utilizing standard bidding procedures,and to award a contract to the lowest responsible responsive bidder,based upon the receipt of formal sealed bids, in a total aggregateamount not to exceed $750,000 for the 3 year period, for FurnishingLabor, Materials, and Equipment for Inspecting and Cleaning Port ofOakland Sanitary Sewers, Commencing No Later than July 1, 2012, andEnding No Later Than June 30, 2015, Oakland, California (for a maximum 3

year period), upon terms and conditions consistent with said AgendaReport; and be it

FURTHER RESOLVED that based upon the information contained in theAgenda Report the Board hereby authorizes the rejection of all otherbids received for Furnishing Labor, Materials, and Equipment forInspecting and Cleaning Port of Oakland Sanitary Sewers, Commencing NoLater than July 1, 2012, and Ending No Later Than June 30, 2015,Oakland, California (for a maximum 3 year period), and directs thatsecurities accompanying said bids shall be returned to the respectivebidders; and be it

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FURTHER RESOLVED that pursuant to Port Ordinance 1606, Section22, the Board finds and determines it to be in the Port’s bestinterest to delegate to the Executive Director, and hereby delegatesto the Executive Director, the authority to finally resolve bidprotests in connection with this project; and be it

FURTHER RESOLVED that bonds for the faithful performance of thework, and a bond to guarantee the payment of all claims for labor andmaterials furnished and for amounts due under the UnemploymentInsurance Code shall be provided by the Contractors as prescribed bythe applicable laws and regulations and the contract specifications;and be it

FURTHER RESOLVED the provisions of the Port of Oakland Maritimeand Aviation Project Labor Agreement (“MAPLA”) do not apply to thiscontract as the work performed under this contract is not ‘majormaintenance’ within the meaning of MAPLA; and be it

FURTHER RESOLVED that the Board hereby finds and determines thatin accordance with the requirements of the California EnvironmentalQuality Act (CEQA) and the Port CEQA Guidelines, it can be seen thatthere is no possibility that taking the recommended actions willresult in a physical change to the environment, and therefore nofurther environmental review is required. The general rule in Section15061(b) (3) of the CEQA Guidelines states that CEQA applies only toactivities that have a potential of causing a significant effect onthe environment. When specific activities that will be performedunder this contract are identified, staff will determine at that timewhether additional CEQA review and clearance is needed; and be;

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract(s), or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisresolution approves and authorizes the execution of an agreement(s) in

accordance with the terms of this resolution. Unless and until aseparate written agreement(s) is duly executed on behalf of the Board asauthorized by this resolution, is signed as approved as to form andlegality by the Port Attorney, and is delivered to other contracting

party, there shall be no valid or effective agreement(s)

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I 10/06/11I Tab No. 6.2

MCR/aro


RESOLUTION FINDING AND DETERMINING THAT IT IS IN THE

BEST INTEREST OF THE PORT TO CONTRACT FOR FURNISHING

MAINTENANCE AND ON-CALL SERVICE FOR VARIOUS ELEVATORS,

ESCALATORS AND MOVING WALKWAYS AT PORT OF OAKLAND

FACILITIES FOR THE PERIOD COMMENCING JANUARY 1, 2011

AND ENDING DECEMBER 31, 2012, 2013 OR 2014, WITHOUT

STANDARD BIDDING PROCEDURES; AND AUTHORIZING EXECUTION

OF A CONTRACT WITH KONE, INC. (LIC. #17 9166) FOR SUCH

WORK BASED ON RECEIPT OF AN INFORMAL PROPOSAL, IN

ANNUAL ESTIMATED AMOUNT OF $240,000, NOT TO EXCEED THE

AMOUNT OF $960,000 FOR THE FOUR YEAR PERIOD.




public comment; now, therefore be it




findings set forth in Agenda Report Item No. 6.2 (the “Agenda Report”),

dated October 6, 2011, and in related agenda materials and in testimony

received; and be it

FURTHER RESOLVED, that the Board of Port Commissioners

(“Board”) hereby finds and determines that the development and use

provided for in the plans and specifications and the subsequent use of

the development approved by this resolution are in conformity with the


FURTHER RESOLVED that the Director of Engineering or his

designee is authorized to approve the plans and specifications for said

projects in advance of construction, pursuant to Government Code Section

830.6; and be it

FURTHER RESOLVED based upon the information contained in the

Agenda Report, the Board of Port Commissioners hereby finds and

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determines that it is in the best interest of the Port to contract forFurnishing Maintenance and On-Call Service for Various Elevators,Escalators and Moving Walkways at Port of Oakland Facilities for thePeriod Commencing January 1, 2011 and Ending December 31, 2012, 2013or 2014, Oakland, California, without standard bidding procedures andthat said standard bidding procedures are hereby waived; and be it

FURTHER RESOLVED that the Board hereby approves andauthorizes the Executive Director to negotiate and execute a contractwith KONE, Inc., a Delaware corporation (Lic. No. 179166) (hereinafter“KONE”), for Furnishing Maintenance and On-Call Service for VariousElevators, Escalators and Moving Walkways at Port of OaklandFacilities for the Period Commencing January 1, 2011 and EndingDecember 31, 2012, 2013 or 2014, Oakland, California, in the estimatedannual amount of $240,000, not to exceed the aggregate total amount of$960,000 for the four year period, under the same terms and conditionsof the expired agreement with KONE authorized on October 6, 2009, forFurnishing Maintenance and On-Call Service for Various Elevators,Escalators and Moving Walkways at Port of Oakland Facilities for thePeriod Commencing January 1, 2011 and Ending December 31, 2012, 2013or 2014, Oakland, California, consistent with the Agenda Report; and beit;

FURTHER RESOLVED the provisions of the Port of OaklandMaritime and Aviation Project Labor Agreement (“MAPLA”) do not apply tothis contract as the work performed under this contract is not ‘majormaintenance’ within the meaning of MAPLA; and be it

FURTHER RESOLVED that a bond for the faithful performanceof the work, and a bond to guarantee the payment of all claims forlabor and materials furnished and for amounts due under theUnemployment Insurance Code shall be provided by the Contractor asprescribed by the applicable laws and regulations and the contractspecifications; and be it

FURTHER RESOLVED that the Board hereby finds and determinesthat in accordance with the requirements of the CaliforniaEnvironmental Quality Act (CEQA) and the Port CEQA Guidelines, it canbe seen that there is no possibility that taking the recommendedactions will result in a physical change to the environment, andtherefore no further environmental review is required. The generalrule in Section 15061(b) (3) of the CEQA Guidelines states that CEQAapplies only to activities that have a potential of causing asignificant effect on the environment; and be it

FURTHER RESOLVED that, pursuant to Port Ordinance 1606,Section 22, the Board finds and determines it to be in the Port’s bestinterest to delegate to the Executive Director, and hereby delegates tothe Executive Director, the authority to finally resolve bid protests inconnection with this project; and be it

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FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract(s), or the grant ofany right, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless anduntil a separate written agreement is duly executed on behalf of theBoard as authorized by this resolution, is signed as approved as toform and legality by the Port Attorney, and is delivered to othercontracting party, there shall be no valid or effective agreement.

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10/06/11Tab No. 6.2,{J’MCR/arq tL


RESOLUTION FINDING AND DETERMINING THAT IT IS IN THEBEST INTEREST OF THE PORT TO CONTRACT FOR REMOVAL OFRUBBER DEPOSITS AND PAINTED GROUND MARKINGS FROMAIRPORT PAVEMENTS FOR THE PERIOD COMMENCING JULY 1,2010 AND ENDING JUNE 30, 2011, 2012, 2013 OR 2014,WITHOUT STANDARD BIDDING PROCEDURES; AND AUTHORIZINGEXECUTION OF A CONTRACT WITH ACKERMAN & SONS, INC.(LIC. NO. 694014) DOING BUSINESS AS RUNWAY SERVICESINTERNATIONAL FOR SUCH WORK BASED ON RECEIPT OF ANINFORMAL PROPOSAL, IN ANNUAL ESTIMATED AMOUNT OF$150,000, NOT TO EXCEED THE AMOUNT OF $600,000 FOR THEFOUR YEAR PERIOD.


RESOLVED that in acting upon this matter, the Board hasexercised its independent judgment based on substantial evidence in therecord and adopts and relies upon the facts, data, analysis, andfindings set forth in Agenda Report Item No. 6.2 (the “Agenda Report”),dated October 6, 2011, and in related agenda materials and in testimonyreceived; and be it

FURTHER RESOLVED, that the Board of Port Commissioners

(“Board”) hereby finds and determines that the development and useprovided for in the plans and specifications and the subsequent use ofthe development approved by this resolution are in conformity with theGeneral Plan of the City; and be it

FURTHER RESOLVED that the Director of Engineering or his

designee is authorized to approve the plans and specifications for saidprojects in advance of construction, pursuant to Government Code Section

830.6; and be it

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FURTHER PESOLVED based upon the information contained in theAgenda Report, the Board of Port Commissioners hereby finds anddetermines that it is in the best interest of the Port to contract forRemoval of Rubber Deposits and Painted Ground Markings from Airport Pavementsfor the Period Commencing July 1, 2010 and Ending June 30, 2011, 2012, 2013Or 2014, Oakland, California, without standard bidding procedures andthat said standard bidding procedures are hereby waived; and be it

FURTHER RESOLVED that the Board hereby approves andauthorizes the Executive Director to negotiate and execute a contractwith Ackerman & Sons, Inc., a California corporation (Lic. No. 694014),doing business as Runway Services International (hereinafter“Ackerman”), for Removal of Rubber Deposits and Painted Ground Markings fromAirport Pavements for the Period Commencing July 1, 2010 and Ending June 30,2011, 2012, 2013 Or 2014, Oakland, California, in the estimated annualamount of $150,000, not to exceed the aggregate total amount of $600,000for the four year period, under the same terms and conditions of theexpired agreement with KONE authorized on August 5, 2008, for Removal ofRubber Deposits and Painted Ground Markings from Airport Pavements for thePeriod Commencing July 1, 2010 and Ending June 30, 2011, 2012, 2013 Or 2014,Oakland, California, consistent with the Agenda Report; and be it;

FURTHER RESOLVED the provisions of the Port of OaklandMaritime and Aviation Project Labor Agreement (“MAPLA”) do not apply tothis contract as the work performed under this contract is not ‘majormaintenance’ within the meaning of MAPLA; and be it

FURTHER RESOLVED that a bond for the faithful performanceof the work, and a bond to guarantee the payment of all claims forlabor and materials furnished and for amounts due under theUnemployment Insurance Code shall be provided by the Contractor asprescribed by the applicable laws and regulations and the contractspecifications; and be it

FURTHER RESOLVED that the Board hereby finds and determinesthat in accordance with the requirements of the CaliforniaEnvironmental Quality Act (CEQA) and the Port CEQA Guidelines, it canbe seen that there is no possibility that taking the recommendedactions will result in a physical change to the environment, andtherefore no further environmental review is required. The generalrule in Section 15061(b) (3) of the CEQA Guidelines states that CEQAapplies only to activities that have a potential of causing asignificant effect on the environment; and be it

FURTHER RESOLVED that, pursuant to Port Ordinance 1606,Section 22, the Board finds and determines it to be in the Port’s bestinterest to delegate to the Executive Director, and hereby delegates tothe Executive Director, the authority to finally resolve bid protests inconnection with this project; and be it

FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract(s), or the grant of

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any right, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless anduntil a separate written agreement is duly executed on behalf of theBoard as authorized by this resolution, is signed as approved as toform and legality by the Port Attorney, and is delivered to othercontracting party, there shall be no valid or effective agreement.

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10/06/11

\J

‘ Tab. No. 6.2MCR/arg


RESOLUTION APPROVING PROJECT MANUAL FOR FURNISHINGLABOR MATERIALS AND EQUIPMENT FOR ON-CALL MATERIALCRUSHING SERVICES FOR THE PERIOD COMMENCING NO LATERTHAN SEPTEMBER 15, 2012 AND ENDING NO LATER THANDECEMBER 31, 2015, 2012 OR 2013; AUTHORIZING EXCECUTIVEDIRECTOR TO AWAID A CONTRACT FOR SAME TO THE LOWESTRESPONSIBLE, RESPONSIVE BIDDER IN A TOTAL AGGREGATEAMOUNT NOT TO EXCEED $1,200,000 FOR THE THREE YEAR ANDONE-HALF YEAR PERIOD; AND CALLING FOR BIDS THEREFOR.


RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Tab 6.2 (“Agenda Report”), dated October 6, 2011, andin related agenda materials and in testimony received; and be it

RESOLVED that the Board of Port Commissioners hereby finds anddetermines that the development and use provided for in the plans andspecifications and the subsequent use of the development approved bythis resolution are in conformity with the General Plan of the City;and be it

FURTHER RESOLVED that the project manual and other provisionsrelative thereto filed with the Board, based on the informationcontained in the Agenda Report for Furnishing Labor Materials andEquipment for On-Call Material Crushing Services for the PeriodCommencing No Later Than July 1, 2012 and Ending No Later ThanDecember 31, 2015, Oakland, California, (“the project”), are herebyapproved; and be it

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bids; and be it

FURTHER RESOLVED the provisions of the Port of Oakland Maritime

and Aviation Project Labor Agreement (“MAPLA”); and be it


the Executive Director to awdrd a contract to the lowest responsible


Furnishing and Equipment for On-Call Material Crushing Services for

the Period Commencing No Later Than July 1, 2012 and Ending No Later

Than December 31, 2015, Oakland, California, in a total aggregate

amount not to exceed $$1,200,000 for the three and one—half year

period; and be it;

FURTHER RESOLVED that based upon the information contained in theAgenda Report the Board hereby authorizes the rejection of all other

bids received for Furnishing and Equipment for On-Call Material

Crushing Services for the Period Commencing No Later Than July 1, 2012

and Ending No Later Than December 31, 2015, Oakland, California, anddirects that securities accompanying said bids shall be returned to

the respective bidders; and be it






and be it

FURTHER RESOLVED that pursuant to Port Ordinance 1606, Section

22, the Board finds and determines it to be in the Port’s best

interest to delegate to the Executive Director, and hereby delegates

to the Executive Director, the authority to finally resolve bid

protests in connection with this project; and be it









the environment. When specific activities that will be performed

under this contract are identified, staff will determine at that time

whether additional CEQA review and clearance is needed; and be; it

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October 6, 2011Item No.: Tab 6.3MCRJ,

RESOLUTION AUTHORIZING THE EXECUTION OF A LOCALRESOURCE ADEQUACY CAPACITY TRANSACTION AGREEMENTBETWEEN THE CITY OF SANTA CLARA AND THE PORT OFOAKLAND, FOR AN AMOUNT NOT TO EXCEED $625,000 FORCALENDAR YEAR 2012 THROUGH 2014.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated the Agenda Report for Item 6.3, dated October3, 2011 (herein the “Agenda Report”) and related agenda materials, hasreceived the expert testimony of Port staff, and has providedopportunities for and taken public comment; and

RESOLVED that the Board hereby approves and authorizes theExecutive Director or his designee to negotiate and execute a LOCALRESOURCE ADEQUACY CAPACITY TRANSACTION AGREEMENT BETWEEN THE CITY OFSANTA CLARA AND PORT OF OAKLAND, as further described in the AgendaReport for an amount not to exceed $625,000; and be it


FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of an

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10/06/11


RESOLUTION APPROVING AND AUTHORIZINGTHE EXECUTION OF THE THIRD AMENDED ANDRESTATED NCPA MSS AGGREGATOR AGREEMENT;AND DELEGATING AUTHORITY TO THEEXECUTIVE DIRECTOR TO EXECUTE FUTUREAMENDMENTS.


RESOLVED that in acting upon this matter, the Board has exercisedits independent judgment based on substantial evidence in the record andadopts and relies upon the facts, data, analysis, and findings set forthin Agenda Report Item No. 6.4 (the “Agenda Report”), dated October 6,2011, and in related agenda materials and in testimony received; and beit

FURTHER RESOLVED, that the Board of Port Commissioners herebyapproves and authorizes the Executive Director or his designee tonegotiate and execute a Third Amended and Restated Metered Subsystem(MSS) Aggregator Agreement the with Northern California Power Agency(NCPA) consistent with the terms described in the Agenda Report; andbe it

FURTHER RESOLVED, that the Board hereby finds and determines thatin accordance with the California Environmental Quality Act (“CEQA”)Guidelines, Section 15061(b) (3), can be seen with certainty thatexecuting the Third Amended and Restated NCPA MSS AggregatorAgreement, will not result in a significant effect on the environment;therefore the proposed activity is not subject to CEQA; and be it

FURTHER RESOLVED that the Board hereby authorizes and directs theExecutive Director to accept and execute all future amendments to saidagreement, on behalf of said Board, and to execute and submit alldocuments which may be necessary or convenient to complete saidamendments, provided however that such amended agreements shall not bebinding or enforceable against the Port unless and until approved inwriting as to form and legality by the Port Attorney; and be it

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FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract(s), or the grant of any right,entitled or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisresolution approves and authorizes the execution of an agreement(s) inaccordance with the terms of this resolution. Unless and until aseparate written agreement(s) is duly executed on behalf of the Boardas authorized by this resolution, is signed as approved as to form andlegality by the Port Attorney, and is delivered to the othercontracting party, there shall be no valid or effective agreement(s).

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I 10/20/11I Tab No. 5

MCR’arg (4

RESOLUTION APPROVING IND AUTHORIZING THEEXECUTIVE DIRECTOR OR HIS DESIGNEE TO EXECUTEA METER MAINTENANCE AGREEMENT WITH THENORTHERN CALIFORNIA POWER AGENCY (NCPA) FORMETER MAINTENANCE AND CERTIFICATION SERVICE.

fully described in the Agenda Report; and be it


RESOLVED that in acting upon this matter, the Board hasexercised its independent judgment based on substantial evidence in therecord and adopts and relies upon the facts, data, analysis, andfindings set forth in Agenda Report Tab 5.1 (“Agenda Report”), datedOctober 20, 2011, and in related agenda materials and in testimonyreceived; and be it

RESOLVED that the Board hereby approves and authorizes theExecutive Director or his designee to execute for and on behalf of theBoard a Meter Maintenance Agreement with the Northern California PowerAgency (NCPA) for meter maintenance and certification services as more


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At the regular meeting held on October 20, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee and President Calloway - 6 Excused: Commissioner Lighty - 1 Noes: 0

I 10/20/1I Tab No.MCR!arj


RESOLUTION APPROVING AND AUTHORIZING THEEXECUTIVE DIRECTOR OR HIS DESIGNEE TO EXECUTECALIFORNIA DEPARTMENT OF TRANSPORTATION(CAITRANS) RIGHT OF WAY CERTIFICATIONS.


RESOLVED that in acting upon this matter, the Board hasexercised its independent judgment based on substantial evidence in therecord and adopts and relies upon the facts, data, analysis, andfindings set forth in Agenda Report Tab 5.3 (“Agenda Report”), datedOctober 20, 2011, and in related agenda materials and in testimonyreceived; and be it

RESOLVED that the Board hereby approves and authorizes theExecutive Director or his designee to execute for and on behalf of theBoard California Department of Transportation (CalTrans) Right of WayCertifications as more fully described in the Agenda Report; and be it


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October 20, 2011Item No.: 6.2MCR/jev


RESOLUTION FINDING AND DETERMINING THAT A PROPOSEDAGREEMENT WITH TITAN 360 MEDIA AT A MAXIMUM COMPENSATIONOF $60,000 FOR ADVERTISING SERVICES CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARE TEMPORARY INNATURE, WAIVING STANDARD BIDDING PROCEDURES ANDAUTHORIZING EXECUTION OF AGREEMENT.

WHEREAS the Board of Port Commissioners (herein the “Board”) has reviewed and evaluatedthe Board Agenda Report Item No. 6.2, dated October 20, 2011 (herein the “Agenda Report”) and relatedagenda materials, has received the expert testimony of Port staff, and has provided opportunities for andtaken public comment; and be it

RESOLVED that in acting upon this matter, the Board has exercised its independent judgmentbased on substantial evidence in the record and adopts and relies upon the facts, data, analysis, andfindings set forth in the Agenda Report and in related agenda materials and in testimony received; and beit

FURTHER RESOLVED that based upon the information contained in the Agenda Report, theBoard hereby finds and determines that the proposed agreement with TITAN 360 MEDIA foradvertisement placements at Bay Area Rapid Transit (BART) will constitute an agreement forobtaining professional, technical and specialized services that are temporary in nature and that it is in thebest interest of the Port to secure such services from TITAN 360 MEDIA without standard bidding andstandard competitive bidding procedures are waived; and be it

FURTHER RESOLVED that the Board hereby approves and authorizes the Executive Directorto execute for and on behalf of the Board of said agreement, upon terms and conditions consistent withthe Agenda Report and providing that TITAN 360 MEDIA shall be compensated for such services,including costs of miscellaneous reimbursable expenses, at a maximum compensation that shall notexceed $60,000, for a maximum term, not to exceed three (3) months; and be it

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October 20, 2011Item No.: 6.3MCR/1)

RESOLUTION FINDING AND DETERMINING THAT A PROPOSEDAGREEMENT WITH JCDECAUX NORTH AMERICA AT A MAXIMUMCOMPENSATION OF $108,000 FOR ADVERTISING SERVICESCONSTITUTES PROFESSIONAL, TECHNICAL AND SPECIALIZEDSERVICES THAT ARE TEMPORARY IN NATURE, WAIVING STANDARDBIDDING PROCEDURES AND AUTHORIZING EXECUTION OFAGREEMENT.

WHEREAS the Board of Port Commissioners (herein the “Board”) has reviewed and evaluatedthe Board Agenda Report Item No. 6.3, dated October 20, 2011 (herein the “Agenda Report”) and relatedagenda materials, has received the expert testimony of Port staff, and has provided opportunities for andtaken public comment; and be it

RESOLVED that in acting upon this matter, the Board has exercised its independent judgmentbased on substantial evidence in the record and adopts and relies upon the facts, data, analysis, andfindings set forth in the Agenda Report and in related agenda materials and in testimony received; and be

FURTHER RESOLVED that based upon the information contained in the Agenda Report, theBoard hereby finds and determines that the proposed agreement with JCDECAUX NORTH AMERICAfor advertisement placements at New York’s JF Kennedy Airport (JFK), Dallas Love Field (DAL)and Los Angeles International Airport (LAX) will constitute an agreement for obtaining professional,technical and specialized services that are temporary in nature and that it is in the best interest of the Portto secure such services from JCDECAUX NORTH AMERICA without standard bidding and standardcompetitive bidding procedures are waived; and be it

FURTHER RESOLVED that the Board hereby approves and authorizes the Executive Directorto execute for and on behalf of the Board of said agreement, upon terms and conditions consistent withthe Agenda Report and providing that JCDECAUX NORTH AMERICA shall be compensated for suchservices, including costs of miscellaneous reimbursable expenses, at a maximum compensation that shallnot exceed $108,000, for a maximum term, not to exceed three (3) months; and be it

It

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RESOLUTION DELETING ONE POSITION OF PORT ASSOCIATEENVIRONMENTAL SCIENTIST AND ADDING ONE POSITION OFPORT ASSISTANT ENVIRONMENTAL PLANNER IN THEENVIRONMENTAL PROGRAMS AND PLANNING DIVISION.

WHEREAS the Board has reviewed and evaluated the Agenda Reportdated October 20, 2011, Item 6.4 (“Agenda Report”) and relatedmaterials, has received the expert testimony of Port staff, and hasprovided opportunities for and taken public comment; now, therefore,be it

RESOLVED that the Board hereby approves the deletion of oneposition of Port Associate Environmental Scientist, as more fullydescribed in the Agenda Report; and

RESOLVED that the Board hereby approves the addition of oneposition of Port Assistant Environmental Planner, as more fullydescribed in the Agenda Report; and be it


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10/20/11 .—

6.6CT/mi


RESOLUTION FINDING AND DETERMINING THAT A PROPOSEDFOURTH SUPPLEMENTAL AGREEMENT WITH CORVELHEALTHCARE CORPORATION, A WHOLLY OWNED SUBSIDIARYOF CORVEL CORPORATION AT A MAXIMUM ADDITIONALCOMPENSATION OF $200,000 FOR CONSULTING SERVICESCONSTITUTES PROFESSIONAL, TECHNICAL AND SPECIALIZEDSERVICES THAT ARE TEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDING AND AUTHORIZING EXECUTION OF SAIDSUPPLEMENTAL AGREEMENT.

WHEREAS the Board has reviewed and evaluated the Agenda Reportdated October 20, 2011, Item 6.6 (“Agenda Report”) and relatedmaterials, has received the expert testimony of Port staff, and hasprovided opportunities for and taken public comment; and

WHEREAS by Resolution No. 04225, adopted by the Board of PortCommissioners (the “Board”) on August 3, 2004, and as amended byResolution No. 05191, Resolution 07207, and Resolution 10—30, the Boardauthorized an Agreement with CORVEL HEALTHCARE CORPORATION, a whollyowned subsidary of CORVEL CORPORATION, for consulting services withrespect to workers’ compensation medical bill and utilization reviewservice; and

WHEREAS it is desirable at this time to further amend saidAgreement to authorize the Executive Director of the Port to approveadditional work under said Agreement as set forth in Agenda Report andadditional compensation for such work; now, therefore, be it

RESOLVED that the Board of Port Commissioners hereby finds anddetermines that the proposed Fourth Supplemental Agreement with CORVELHEALTHCARE CORPORATION, a wholly owned subsidary of CORVEL CORPORATIONwill constitute an agreement for obtaining professional, technical andspecialized services that are temporary in nature and that it is in thebest interest of the Port to secure such services from CORVEL HEALTHCARE

CORPORATION, a wholly owned subsidary of CORVEL CORPORATION withoutcompetitive bidding and standard bidding procedures are hereby waived;and be it

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FURTHER RESOLVED that the Board of Port Commissioners hereby approvesand authorizes the execution for and on behalf of the Board of said FourthSupplemental Agreement, upon terms and conditions consistent with the AgendaReport and providing that CORVEL HEALTHCARE CORPORATION, a wholly ownedsubsidary of CORVEL CORPORATION shall be compensated for such servicesincluding costs of miscellaneous reimbursable expenses at a maximumcompensation that shall not exceed an additional $200,000; and be it

FURTHER RESOLVED that this resolution is not evidence of and does notcreate or constitute (a) a contract, or the grant of any right, entitlementor property interest, or (b) any obligation or liability on the part of theBoard or any officer or employee of the Board. This resolution approves andauthorizes the execution of an agreement in accordance with the terms ofthis resolution. Unless and until a separate written agreement is dulyexecuted on behalf of the Board as authorized by this resolution, is signedand approved as to form and legality by the Port Attorney, and is deliveredto other contracting party, there shall be no valid or effective agreement;and be it

FURTHER RESOLVED that in acting upon the matters contained herein,the Board has exercised its independent judgment based on substantialevidence in the record and adopts and relies upon the facts, data,analysis, and findings set forth in the Agenda Report and in relatedmaterials and in testimony received.

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10/27/11Tab 6.1MCR/)

RESOLUTION APPROVING AND AUTHORIZING THE EXECUTIVE

DIRECTOR TO RENEW THE CONTRACT WITH JENSEN LANDSCAPE

SERVICES INCORPORATED FOR MIDDLE HARBOR SHORELINE PARK

(MHSP) MAINTENANCE AND LANDSCAPING FOR TWO ADDITIONAL

ONE YEAR PERIODS, COMMENCING JANUARY 1, 2012 AND ENDING

DECEMBER 31, 2013; IN AN AMOUNT NOT TO EXCEED $113,000

ANNUALLY.




therefore be it

WHEREAS on October 5, 2010, pursuant to Resolution No. 10—134, the

Board approved and authorized the Executive Director to award a contract

for Maintenance and Landscaping at Middle Harbor Shoreline Park (MBSP)

for the Period Commencing January 1, 2011 and Ending December 31,

2011, 2012, or 2013, Oakland, California, for a one-year period, with

an option for two additional one year renewals, subject to Board

approval; and

WHEREAS the Executive Director, on November 30, 2010, authorized

the award of said contract to Jensen Landscape Services, Incorporated

(“Jensen”) (Lic. No. 537854) ; now, therefore be it




in Agenda Report Tab No. 6.1 (the “Agenda Report”), dated October 27,


it

RESOLVED that the Board authorizes the Executive Director to

renew the contract with Jensen Corporation for two additional one-year

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increments until January 1, 2013, with the last renewal expiringDecember 31, 2013; and be it

FURTHER RESOLVED this project is not for “major maintenance”within the meaning of the Maritime and Aviation Project Labor Agreement(“MAPLA”) and is not part of the Port’s Capital Needs Assessment (CNA)Program, so the provisions of the MAPLA do not apply to this work; andbe it,


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At the special meeting held on October 27, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Yee and President Calloway - 5 Excused: Commissioners Lighty & Uno - 2 Noes: 0

October 27, 2011Item No.: 6.1 (1)MR/jev


RESOLUTION FINDING AND DETERMINING THAT APROPOSED EXTENSION AGREEMENT WITH ABCSECURITY SERVICES, INC. FOR SECURITY SERVICES ATMIDDLE HARBOR SHORELINE PARK IN THE AMOUNT OF$232,000 ANNUALLY CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVEBIDDING AND AUTHORIZING EXECUTION OF SAIDAGREEMENT.

WHEREAS the Port and ABC SECURITY SERVICES, INC. entered into that certainAgreement dated December 27, 2010, to furnish security services at the Middle Harbor Shoreline Park,Port View Park in the Maritime area; and

WHEREAS the Board of Port Commissioners (herein the “Board”) has reviewed andevaluated the Board Agenda Report Item No. 6.1, dated October 27, 2011 (herein the “Agenda Report”)and related agenda materials, has received the expert testimony of Port staff, and has providedopportunities for and taken public comment; and be it

RESOLVED that the Board of Port Commissioners (“Board”) hereby finds anddetermines that the proposed Agreement with ABC SECURITY SERVICES, INC. to extend securityservices Middle Harbor Shoreline Park will constitute an agreement for obtaining professional, technicaland specialized services that are temporary in nature and that it is in the best interest of the Port to securesuch services from ABC SECURITY SERVICES, INC. without competitive bidding, as set forth in theAgenda Report; and be it

FURTHER RESOLVED that the Board hereby approves and authorizes the executionfor and on behalf of the Board the agreement with ABC SECURITY SERVICES, INC. and providedABC SECURITY SERVICES, INC. shall be compensated for such services in the approximate amount

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of $232,000 annually (including out-of-pocket expenses), for additional years ending December 31, 2013,upon terms and conditions consistent with the Agenda Sheet; and be it

FURTHER RESOLVED that this resolution is not evidence of and does not create orconstitute (a) a contract, or the grant of any right, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of the Board. This resolution approves andauthorizes the execution of an agreement in accordance with the terms of this resolution. Unless and untila separate written agreement is duly executed on behalf of the Board as authorized by this resolution, issigned as approved as to form and legality by the Port Attorney, and is delivered to other contractingparty, there shall be no valid or effective agreement.

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October27, 20116.2MR/jev


RESOLUTION FINDING AND DETERMINING THAT A PROPOSEDFIRST SUPPLEMENTAL AGREEMENT WITH LIFTECHCONSULTANTS, INC., AT A MAXIMUM COMPENSATION OF $100,000ANNUALLY, WITH THREE (3) RENEWAL OPTIONS EXERCISABLEAT PORT’S DISCRETION, FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICESTHAT ARE TEMPORARY IN NATURE, WAIVING COMPETITIVEBIDDING AND AUTHORIZING EXECUTION OF SAID SUPPLEMENTALAGREEMENT.

WHEREAS by Resolution No. 07007, adopted by the Board of Port Commissioners (the “Board”)on January 16, 2007, the Board authorized an Agreement with LIFTECH CONSULTANTS, INC., for consultingservices with respect to on-call crane related structural engineering work; and

WHEREAS it is desirable at this time to further amend said Agreement to authorize the ExecutiveDirector of the Port to approve additional work under said Agreement as set forth in the Board Agenda Report ItemNo. 6.2, dated October 27, 2011 (herein the “Agenda Report”), and additional compensation for such work; and

WHEREAS the Board has reviewed and evaluated the Agenda Report and related agendamaterials, has received the expert testimony of Port staff, and has provided opportunities for and taken publiccomment; and be it

RESOLVED that in acting upon this matter, the Board has exercised its independent judgmentbased on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings setforth in the Agenda Report and in related agenda materials and in testimony received; and be it

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RESOLVED that the Board hereby finds and determines that the proposed First SupplementalAgreement with LIFTECH CONSULTANTS, INC. will constitute an agreement for obtaining professional,technical and specialized services that are temporary in nature and that it is in the best interest of the Port to securesuch services from LIFTECH CONSULTANTS, INC. without competitive bidding; and be it

FURTHER RESOLVED that the Board hereby approves and authorizes the execution for and onbehalf of the Board of said First Supplemental Agreement, upon terms and conditions consistent with the AgendaSheet and providing that LIFTECH CONSULTANTS, INC. shall be compensated for such services includingcosts of miscellaneous reimbursable expenses at a maximum compensation that shall not exceed an additional$100,000 annually, with three (3) renewal options exercisable at Port’s discretion and approved in writing bythe Executive Director; and be it

FURTHER RESOLVED that this resolution is not evidence of and does not create or constitute(a) a contract, or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the partof the Board or any officer or employee of the Board. This resolution approves and authorizes the execution of anagreement in accordance with the terms of this resolution. Unless and until a separate written agreement is dulyexecuted on behalf of the Board as authorized by this resolution, is signed as approved as to form and legality by thePort Attorney, and is delivered to other contracting party, there shall be no valid or effective agreement.

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BOARD OF PORT COMMISSIONERSCITYOF OAKLAND

RESOLUTION APPROVING THE CANCELLATION OF THE PORTEQUAL OPPORTUNITY OFFICER ELIGIBLE LIST AND OPENING ANEW EXPNINATION FOR PORT EQUAL OPPORTUNITY OFFICER.

WHEREAS the Board of Port Commissioners (“Board”) has reviewedand evaluated the Agenda Report dated October 27, 2011, Item 6.4(“Agenda Report”) and related materials, has received the experttestimony of Port staff, and has provided opportunities for and takenpublic comment; now, therefore, be it

RESOLVED that the Board hereby approves the cancellation of thePort Equal Opportunity Officer eligible list, as more fully describedin the Agenda Report; and be it

RESOLVED that the Board hereby approves and directs Port staff tobegin a new recruitment for Port Equal Opportunity Officer; and be it


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At the special meeting held on October 27, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Head, Yee and President Calloway - 4 Excused: Commissioners Gordon, Lighty & Uno - 3 Noes: 0

10/27/6.5DC:mj


RESOLUTION DELETING ONE POSITION OF PORT ASSISTANT

ENGINEER ELECTRICAL/MECHANICAL WORK AND ADDING ONE

POSITION OF PORT ASSOCIATE ENGINEER ELECTRICAL!MECHANICAL WORK IN THE ENGINEERING DIVISION.


RESOLVED that the Board hereby approves the deletion of oneposition of Port Assistant Engineer Electrical/Mechanical Work, asmore fully described in the Agenda Report; and

RESOLVED that the Board hereby approves the addition of one

position of Port Associate Engineer Electrical/Mechanical Work, asmore fully described in the Agenda Report; and be it


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Dc:j


RESOLUTION TERMINATING CERTAIN APPOINTMENT


RESOLVED that the appointment of Employee No. 400472 to theposition of Custodian, be and the same hereby is terminated, effectivethe close of work day on October 27, 2011, for good and sufficientcause; and be it


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At the special meeting held on October 27, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Head, Yee and President Calloway - 4 Excused: Commissioners Lighty & Uno - 2 Noes: Commissioner Gordon - 1

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DSC:mj_j


RESOLUTION APPROVING ND AUTHORIZING EXECUTION OF A

SETTLEMENT AGREEMENT WITH SERVICE EMPLOYEES

INTERNATIONAL UNION LOCAL 1021.


approves and authorizes the execution for and on behalf of the Board a

Settlement Agreement (“Agreement”) between the Port of Oakland

(“Port”) and Service Employees International Union Local 1021

(“SEIU”), resolving the contracting out grievance filed by SEIU; and be

it









legality by the Port Attorney, and is delivered to the other contracting


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At the regular meeting held on November 17, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee and President Calloway - 6 Excused: Commissioners Lighty - 1 Noes: 0

November 17, 2011

N Tab No. 3.2MCR/I h


RESOLUTION AUTHORIZING AND APPROVING THE RENEWAL OF THE

PORT OF OAKLAND’S (“PORT”) PROFESSIONAL LIABILITY AND

OWNER PROFESSIONAL PROTECTIVE INSURANCE POLICIES FROM

JANUARY 1, 2012 THROUGH DECEMBER 31, 2017, IN A TOTAL

AGGREGATE AMOUNT NOT TO EXCEED $5,000,000 FOR THE FIVE

YEAR PERIOD.

WHEREAS the Board of Port Commissioners (“Board”) has reviewed

and evaluated the Agenda Report Item 3.2 dated November 17, 2011

(herein “Agenda Report”) and related agenda materials, has received

the expert testimony of Port staff, and has provided opportunities for

and taken public comment; now, therefore be it


its independent judgment based on substantial evidence in the record

and adopts and relies upon the facts, data, analysis, and findings set

forth in the Agenda Sheet, and in related agenda materials and in

testimony received; and be

FURTHER RESOLVED that the Board of Port Commissioners hereby

authorizes and approves the renewal of the Port’s professional

liability and owner professional protective insurance policies, for a

five year period effective January 1, 2012 through December 31, 2017,

in a total aggregate amount not to exceed $5,000,000 for the five year

period, as more fully outlined in the Agenda Report; and be it







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At the regular meeting held on November 17, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Yee and President Calloway - 5 Excused: Commissioners Lighty & Uno - 2 Noes: 0

1 11/17/11


RESOLUTION FINDING AND DETERMINING THAT ITIS IN THE BEST INTEREST OF THE PORT TO

WAIVE COMPETITIVE BIDDING AND TO ESTABLISH

OPEN ACCOUNT AGREEMENTS FOR FISCAL YEAR

2011-2012 AND AUTHORIZING THE EXECUTIVE

DIRECTOR TO EXECUTE PROCUREMENT CONTRACTS

AND RE-ALLOCATE AMOUNTS AS NECESSARY IN AN

AGGREGATE AMOUNT NOT TO EXCEED $4,155,000.


reviewed and evaluated the Agenda Report Item 3.3 dated November 17,







and findings set forth in the Agenda Sheet, and in related agenda


FURTHER RESOLVED that Board hereby authorizes the Executive

Director to establish open account agreements with vendors listed in

the Agenda Report, upon terms and conditions satisfactory to the Port

Attorney, in an aggregate amount not to exceed $4,155,000, without

competitive bidding and that said competitive bidding is hereby

waived; and be it

FURTHER RESOLVED that the Board hereby finds and

determines that approval and execution of the proposed agreements with

vendors are in the public interest for reasons of economy or better

performance and will constitute agreements for obtaining professional,

technical and specialized services that are temporary in nature and

that it is in the best interest of the Port to secure such services

from vendors without standard bidding and standard competitive bidding

procedures are waived; and be it

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FURTHER RESOLVED that the Board finds and determines thatit is in the best interest of the Port to authorize the ExecutiveDirector to further re-allocate as necessary the open marketprocurement authorization among the requested vendors, in a totalaggregate amount not to exceed $4,155,000, to meet operationalcontingencies; and be it

FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. This resolution approves and authorizes the execution of anagreement(s) in accordance with the terms of this resolution. Unlessand until a separate written agreement(s) is duly executed on behalfof the Board as authorized by this resolution, is signed and approvedas to form and legality by the Port Attorney, and is delivered to theother contracting parties, there shall be no valid or effectiveagreement(s)

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At the regular meeting held on November 17, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Head, Uno, Yee and President Calloway - 5 Excused: Commissioners Lighty - 1 Noes: Commissioner Gordon - 1


11/17/2011Item 5.3JS/jev

RESOLUTION RATIFYING SPACE USE PERMIT WITH

NEW TECH AIRCRAFT SERVICES, INC. FOR

AIRCRAFT MAINTENANCE AND REPAIR SERVICES

AT OAKLAND INTERNATIONAL AIRPORT WITH A

MONTHLY RENTAL OF $250.00 OR 10% OF GROSS

REVENUES.

WHEREAS the Board of Port Commissioners (“Board”) has reviewed and evaluated the

Agenda Report Item 5.3 dated November 17, 2011 (herein “Agenda Report”) and related agenda

materials, has received the expert testimony of Port staff, and has provided opportunities for and taken

public comment;

RESOLVED that the Board hereby ratifies the Space Use Permit to aircraft maintenance

and repair services at the Oakland International Airport which would result in the Port generating S250.00

per month or 10% of gross revenues as more fully described the Agenda Report; and be it

FURTHER RESOLVED that the Board hereby finds and determines that this project

has been determined to be categorically exempt from requirements of the California Environmental

Quality Act (CEQA) requirements pursuant to CEQA Guidelines Section 15301(p), which exempt

renewal, extensions or amendments to lease or license and concession agreements where the premises or

licensed activity was previously leased or licensed to the same or another person, and involving negligible

or no expansion of use beyond that previously existing; and be it

FURTHER RESOLVED that in acting upon this matter, the Board has exercised its

independent judgment based on substantial evidence in the record and adopts and relies upon the facts,

data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in

testimony received;

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FURTHER RESOLVED that this resolution is not evidence of and does not create orconstitute (a) a contract, or the grant of any right, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of the Board. This resolution approves andauthorizes the execution of an agreement in accordance with the terms of this resolution. Unless and untila separate written agreement is duly executed on behalf of the Board as authorized by this resolution, issigned and approved as to form and legality by the Port Attorney, and is delivered to the other contractingparty, there shall be no valid or effective agreement.

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11/17/11Tab 6.1

MCRJarg


RESOLUTION FINDING AND DETERMINING THAT IT IS IN

THE BEST INTEREST OF THE PORT TO CONTRACT FOR BUS

FLEET MAINTENANCE SERVICE WITHOUT STANDARD

COMPETITIVE BIDDING; AUTHORIZING A SIX MONTH

EXTENSION FROM JANUARY 1, 2012 THROUGH JUNE 30,

2012, TO THE CONTRACTS FOR BUS FLEET MAINTENANCE

WITH PENSKE TRUCK LEASING COMPANY (PENSKE) AND

KELLY’ S TRUCK REPAIR (KELLY’ 5); AND APPROVING AN

INCREASE TO THE FISCAL YEAR 2011-2012 SPENDING

AUTHORIZATION IN TOTAL ADDITIONAL AGGREGATE

AMOUNTS NOT TO EXCEED $173,012 FOR PENSKE AND

$166,200 FOR KELLY’S.


reviewed and evaluated the Agenda Report Tab 6.1, dated November 17,2




WHEREAS on June 30, 2011, pursuant to Resolution No. 11-74,

the Board authorized six (6) month extensions to the existing bus

fleet maintenance agreements with Penske Truck Leasing Company

(Penske) and Kelly’s Truck Repair (Kelly’s), from July 1, 2011 through

December 31, 2011; now, therefore be it


exercised its independent judgment based on substantial evidence in

the record and adopts and relies upon the facts, data, analysis, and

findings set forth in the Agenda Sheet, and in related agenda


FURTHER RESOLVED that based upon the information contained

in the Agenda Report, the Board hereby finds and determines that it is

in the best interests of the Port to contract for Bus Fleet

Maintenance Service, without standard bidding procedures, described in

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Section 5 of Port Ordinance 1606, and that said standard bidding

procedures are hereby waived; and be it

FURTHER RESOLVED that the Board authorizes additional six

(6) month extensions from January 1, 2012 through June 30, 2012, to

the contracts with both PENSKE and KELLY’S; and be it


a spending authorization increase to the contract with PENSKE in the

amount of $173,012 for Fiscal Year 2011-2012; and be it


a spending authorization increase to the contract with KELLY’S in the

amount of $166,200 for Fiscal Year 2011—2012; and be it

FURTHER RESOLVED that the work under these contracts does

not fall within the scope of the Port of Oakland Maritime and Aviation

Project Labor Agreement (MAPLA), and the provisions of the MAPLA do

not apply











agreement(s)

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11/17/11Item 6.2JS/lhr


RESOLUTION APPROVING AN EXTENSION OF THEFLEET AND TERMINAL CURBISIDE OPERATIONSAGREEMENT WITH VEOLIA-SHUTTLEPORT OFCALIFORNIA LLC. THROUGH JUNE 30, 2012 IN ANAMOUNT NOT TO EXCEED $5,658,809.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated the Agenda Report Item 6.2 dated November 17,2011 (herein “Agenda Report”) and related agenda materials, hasreceived the expert testimony of Port staff, and has providedopportunities for and taken public comment;

RESOLVED that based upon the information contained in theAgenda Report, the Board hereby authorizes the Executive Director andor his designee to approve and execute an Extension of the Fleet andTerminal Curbside Operations Agreement with Veolia-ShuttlePort ofCalifornia LTJC. through June 30, 2012 in an amount no to exceed$5,658,809 as more fully described in the Agenda Report; and be it


FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. Unless and until a separate written agreement is duly executedon behalf of the Board as authorized by this resolution, is signed and

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approved as to form and legality by the Port Attorney, and is

delivered to the other contracting party, there shall be no valid or

effective agreement.

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I 11/17/11I Tab 6.3

MCR/arg

RESOLUTION WAIVING STANDARD BIDDING PROCEDURES AND

APPROVING AND AUTHORIZING THE PURCHASE OF ONE REAR-

LOADING REFUSE TRUCK TO REPLACE TRUCK #XZ54, IN AN

AMOUNT NOT TO EXCEED $103,194.21; AND DECLARING TRUCK

#XZ54 AS SURPLUS.







in Agenda Report Tab No. 6.3, dated November 17, 2011, and in related


FURTHER RESOLVED based upon the information contained in the

Agenda, that the Board hereby finds and determines that it is in the

best interests of the Port to contract for the purchase of one rear-

loading refuse truck, without standard bidding procedures and that said

standard bidding procedures are hereby waived; and be it


to negotiate and execute a contract for such procurement in the open

market based upon the receipt of informal proposals; and be it; and be

it

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FURTHER RESOLVED that that certain vehicle described in the

Agenda Report, Truck #XZ54, is inadequate, obsolete or worn out within

the meaning of Section 12 of Port Ordinance No. 1606 and Section

5.13(a) of the Master Trust Indenture by and between the Port and

First Trust of California, as Trustee; and be it


to dispose of such surplus vehicle and equipment by public auction,

dealer auction, recycling or donation to non—profit organizations upon

acceptance of the rear—loading refuse truck, as recommended by the

Purchasing Manager; and be it


to execute all appropriate documents necessary to transfer title of

the vehicles subject to the conditions stipulated as fully described

in the Agenda Report; and be it

FURTHER RESOLVED that the Executive Director be and he is hereby

authorized to execute any necessary Bill of Sale in connection

therewith; and be it







separate written contract is duly executed on behalf of the Board as



party, there shall be no valid or effective contract.

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I 11/17/11Tab 6.4MCR/arg

RESOLUTION APPROVING AND AUTHORIZING THE EXECUTIVE

DIRECTOR TO (1) ACCEPT FEDERAL DEPARTMENT OF HOMELAND

SECURITY GRANTS FOR THE CONCEPTUAL DESIGN OF THE JOINT

CITY-PORT DOMAIN AWARENESS CENTER, (2) TO ENTER INTO A

SUBGRANTEE AGREEMENT WITH MARINE EXCHANGE OF THE SAN

FRANCISCO BAY AREA, AN]) (3) TO ENTER INTO A

PROFESSIONAL SERVICES AGREEMENT BASED ON A FORMAL

COMPETITIVE PROCESS, IN AN AMOUNT NOT TO EXCEED

$438,750; AND AUTHORIZING THE EXECUTIVE DIRECTOR TO

TAKE ALL NECESSARY ACTIONS ASSOCIATED THEREWITH.




therefore be it




in Agenda Report Tab No. 6.4 (“Agenda Report”), dated November 17, 2011,

and in related agenda materials and in testimony received; and be it



the Department of Homeland Security/Office of Grants and Training FY






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deemed necessary, when said Grant Offers are released, up to the

amount of $438,750, provided, however, that such grant agreements

shall not be binding or enforceable against the Port unless and until

approved in writing as to form and legality by the Port Attorney; and

be it

FURTHER RESOLVED that the Board hereby authorizes the Executive

Director to enter into a subgrantee agreement with Marine Exchange of

the San Francisco Bay Region which is serving as the Fiduciary Agent

for the federal grant program, provided, however, that such subgrantee

agreement shall not be binding and enforceable against the Port unless

and until approved in writing as to form and legality by the Port

Attorney; and be it

FURTHER RESOLVED that the Board hereby authorizes that the

federally—funded port security projects be included in the FY 2011—

2012 Capital Budget, in a total aggregate amount not to exceed

$438,750, as more fully outlined in the Agenda Report; and be it

FURTHER RESOLVED that based upon the information contained the

Agenda Report, the Board hereby finds and determines that the proposed

agreement for the conceptual design of the joint City-Port Domain

Awareness Center will constitute an agreement for obtaining

professional, technical and specialized services that are temporary in

nature; and be it


the Executive Director to execute for and on behalf of the Board of an

agreement with a consultant selected from a formal competitive bidding

process to perform such services, upon terms and conditions consistent

with the Agenda Report and providing that the selected Consultant

shall be compensated for such services, including costs of

miscellaneous reimbursable expenses, at a maximum compensation that

shall not exceed a total aggregate amount of $438,750 for FY 2011—

2012; and be it






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in accordance with the terms of this resolution. Unless and until aseparate written agreement is duly executed on behalf of the Board asauthorized by this resolution, is signed and approved as to form andlegality by the Port Attorney, and is delivered to other contractingparty, there shall be no valid or effective agreement.

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11/17/11

BOARD OF PORT COMMISSIONERS Item No.: 6.5

CITY OF OAKLANDDC:kk/

RESOLUTION APPROVING THE ASSIGNMENT OF NON-EXCLUSIVE

PREFERENTIAL ASSIGNMENT AGREEMENT FOR THE BEN E. NUTTER

TERMINAL FROM EVERGREEN MARINE CORPORATION (TAIWAN), LTD.

(“EVERGREEN”) TO EVERPORT TERMINAL SERVICES INC., A 100%

OWNED SUBSIDIARY OF EVERGREEN.

RESOLVED that the Board of Port Commissioners (“Board”), hereby

approves the assignment of the Non-Exclusive Preferential Assignment

Agreement for the Ben E. Nutter Terminal from Evergreen Marine

Corporation (Taiwan), Ltd. (“Evergreen”) to Everport Terminal Services

Inc., a 100% owned subsidiary of Evergreen subject to the terms and

conditions described in Agenda Report Item No. 6.5, dated November 17,

2011; and be it

FURTHER RESOLVED that the Executive Director or his designee is

herby authorized to execute a consent to an assignment agreement as set

fourth in the above referenced Agenda Report; and be it


the proposed assignment is categorically exempt from the requirements of

the California Environmental Quality Act (CEQA) pursuant to Section

15301(p) of the Port CEQA Guidelines, which exempts renewals, extensions

or amendments to leases where the premises was previously leased or

licensed to the same or another person and involving negligible or no

expansion of use beyond that previously existing; and be it





resolution approves and authorizes the execution of an Assignment

Agreement in accordance with the terms of this resolution. Unless and

until a separate written Assignment Agreement is duly executed on behalf

of the Board as authorized by this resolution, is signed as approved as

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contracting party, there shall be no valid or effective Assignment

Agreement.

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I 11/17/11I Tab 6.6

MCR/LHfr2

RESOLUTION ADOPTING THE DISADVANTAGED BUSINESS ENTERPRISE

(DBE) AND AIRPORT CONCESSIONS DBE PROGRAM PLAN UPDATES AN])

GOAL AND METHODOLOGY REPORTS FOR FEDERAL FISCAL YEAR (FFY)

2011-2012 TO 2012-2014 TO THE FEDERAL AVIATION

ADMINISTRATION (FAA).




therefore be it




in Agenda Report Tab No. 6.6 (the “Agenda Report”), dated November 17,


RESOLVED that the Board of Port Commissioners (“Board”) does

hereby adopt the Port’s Disadvantaged Business Enterprise (DBE) and

Airport Concessions DBE Program Plan Updates and Goal and Methodology

Reports for FFY 2011—2012 to 2012—2014 to the Federal Aviation

Administration (FAA), as further described in the Agenda Report.

it

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12/1/2011CLOSED SESSIONMH:kk


RESOLUTION APPROVING AND AUTHORIZING EXECUTION OFA SETTLEMENT AGREEMENT WITH ZURICH AMERICANINSUR?CE COMPANY REGARDING THE FORMER MCGUIRESITE ON A PORTION OF BERTHS 25/26.

RESOLVED that the Board of Port Commissioners (“Board”) herebyapproves and authorizes the Executive Director to execute for and onbehalf of the Board a Settlement Agreement with Zurich AmericanInsurance Company regarding the former McGuire Site on a portion ofBerths 25/26; and be it

FURTHER RESOLVED that this resolution is not evidence of and doesnot create or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board.This resolution approves and authorizes the execution of an agreementin accordance with the terms of this resolution. Unless and until aseparate written agreement is duly executed on behalf of the Board asauthorized by this resolution, is signed as approved as to form andlegality by the Port Attorney, and is delivered to the othercontracting parties, there shall be no valid or effective agreement.

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At the regular meeting held on December 1, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Head, Uno, Yee and President Calloway - 5 Excused: Commissioners Gordon & Lighty - 2 Noes: 0

December 1, 2011Item No.: 5.1DC/kk


RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION

OF A RIGHT OF ENTRY AGREEMENT (“ROE”) WITH THE SAN

FRANCISCO BAY AREA RAPID TRANSIT DISTRICT (“BART”)

FOR SEISMIC RETROFIT IMPROVEMENTS TO THE BART

PORTAL STRUCTURE ON 7TH STREET.


hereby approves and authorizes the execution of the ROE with BART, for

Seismic Retrofit Improvements to the BART Portal Structure on

Street, at no cost to the Port as otherwise described in Agenda Report

Item No. 5.1, dated December 1, 2011; and be it

RESOLVED that the Board hereby finds and determines that this

project is categorically exempt from requirements of the California

Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section

15301(p), which exempts execution of leases or licensing agreements,

provided the project involves negligible or no expansion of an

existing use. Authorizing an ROE agreement between BART and the Port

of Oakland to allow BART or BART’s contractor to work on Port property

to complete the proposed project falls within this class of

exemptions, and therefore it is not considered a project under CEQA and

no environmental review is required.


does not create or constitute (a) a contract, or the grant of any right,



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resolution approves and authorizes the execution of an ROE agreement in


separate written ROE agreement is duly executed on behalf of the Board

as authorized by this resolution, is signed and approved as to form and

legality by the Port Attorney, and is delivered to the other contracting

party, there shall be no valid or effective ROE agreement.

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12/01/11Tab 6.1JS/Ihr


RESOLUTION APPROVING SUBMITTAL OF GRANT APPLICATIONSTO THE CALIFORNIA DEPARTMENT OF WATER RESOURCES LOCALLEVEE ASSISTANCE PROGRAM TO FUND THE AIRPORT PERIMETERDIKE IMPROVEMENT PROJECTS.


reviewed and evaluated agenda materials, has received the experttestimony of Port staff, and has provided opportunities for and takenpublic comment; now, therefore be it

RESOLVED that in acting upon this matter, the Board hasexercised its independent judgment based on substantial evidence in therecord and adopts and relies upon the facts, data, analysis, andfindings set forth in Agenda Report Tab No. 6.1 (“Agenda Report”), datedDecember 1, 2011, and in related agenda materials and in testimonyreceived; and be it

FURTHER RESOLVED that pursuant to all of the terms andprovisions of California Public Resources Section 75032 application bythe City of Oakland, a municipal corporation, acting by and throughits Board of Port Commissioners be made to the California Departmentof Water Resources to obtain funding for the Evaluations: AirportPerimeter Dike Improvement Project, Oakland International Airport.The Executive Director, Omar R. Benjamin, or his designeeis hereby authorized and directed to prepare the necessary data, makeinvestigations, sign certifications required as part of theapplication, and sign and file such application with the CaliforniaDepartment of Water Resources; and be it

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FURTHER RESOLVED that pursuant to all of the terms andprovisions of California Public Resources Section 75032 application bythe City of Oakland, a municipal corporation, acting by and throughits Board of Port Commissioners be made to the California Departmentof Water Resources to obtain funding for the Phase 1 Airport PerimeterDike Improvement Project, Oakland International Airport. TheExecutive Director, Omar R. Benjamin, or his designeeis hereby authorized and directed to prepare the necessary data, makeinvestigations, sign certifications required as part of theapplication, and sign and file such application with the CaliforniaDepartment of Water Resources; and be it

FURTHER RESOLVED that pursuant to all of the terms andprovisions of California Public Resources Section 75032 application bythe City of Oakland, a municipal corporation, acting by and throughits Board of Port Commissioners be made to the California Departmentof Water Resources to obtain funding for the Phase 2 Airport PerimeterDike Improvement Project, Oakland International Airport. TheExecutive Director, Omar R. Benjamin, or his designeeis hereby authorized and directed to prepare the necessary data, makeinvestigations, sign certifications required as part of theapplication, and sign and file such application with the CaliforniaDepartment of Water Resources; and be it

FURTHER RESOLVED that the Board hereby authorizes anddirects the Executive Director and Port Attorney to accept grant(s) onbehalf of said Board, and to execute and submit all documents whichmay be necessary or convenient to complete said application(s), inaccordance with the Agenda Report, and the Secretary is herebyauthorized and directed to attest to the execution such grantApplication(s) if deemed necessary, when said Grant Offers arereleased by the California Department of Water Resources Local LeveeAssistance Program up to the amount of $12,000,000.

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12/01/11Item 6.2JS/lhr


RESOLUTION AUTHORIZING THE EXECUTIVEDIRECTOR TO ENTER INTO AN AGREEMENT WITHALAMEDA COUNTY SHERIFF OFFICE FOR LAWENFORCEMENT SERVICES AT THE OAKLANDINTERNATIONAL AIRPORT IN AN AMOUNT NOT TOEXCEED $12,800,000 FOR FISCAL YEAR 2013,SUBJECT TO FUTURE BUDGET APPROVAL FOR FISCALYEARS 2014-2015.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated the Agenda Report Item 6.2 dated December 1,2011 (herein “Agenda Report”) and related agenda materials, hasreceived the expert testimony of Port staff, and has providedopportunities for and taken public comment;

RESOLVED that based upon the information contained in theAgenda Report, the Board hereby authorizes the Executive Director andor his designee to approve and execute an Agreement with AlamedaCounty Sheriff Office for law enforcement services at the OaklandInternational Airport in an amount not to exceed $12,800,000 forFiscal Year 2013 and subject to future budget approval for FiscalYears 2014 and 2015 as more fully described in the Agenda Report andas is approved as to form and legality by the Port Attorney; and be it


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FURTHER RESOLVED that this resolution is not evidence ofand does not create or constitute (a) a contract, or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee of theBoard. Unless and until a separate written agreement is duly executedon behalf of the Board as authorized by this resolution, is signed andapproved as to form and legality by the Port Attorney, and isdelivered to the other contracting party, there shall be no valid oreffective agreement.

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12/01/11Item No.: 6.3MCRJar


RESOLUTION APPROVING AND ADOPTING A

RENEWABLE ENERGY RESOURCE PROCUREMENT

PLAN AND ADOPTION OF A PROGRAM FOR

ENFORCEMENT OF THE RENEWABLE PORTFOLIO

STANDARDS PROGRAM.

WHEREAS the Board of Port Commissioners (‘Board”) hasreviewed and evaluated the Agenda Report Item No. 6.3 (“AgendaReport”) , dated December 1, 2011 and related agenda materials, hasreceived the expert testimony of Port staff, and has providedopportunities for and taken public comment; and

RESOLVED, that based upon the information contained in theAgenda Report, the Board hereby approves and adopts a Renewable EnergyResource Procurement Plan as more fully described in the AgendaReport; and

FURTHER RESOLVED that based upon the information containedin the Agenda Report, the Board hereby approves and adopts a programfor the Enforcement of the Renewable Portfolio Standards Program; and


has exercised its independent judgment based on substantial evidencein the record and adopts and relies upon the facts, data, analysis,and findings set forth in the Agenda Report and in related agendamaterials and in testimony received.

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12/01/11Item No.: 6.3MCR/


RESOLUTION ADOPTING A RENEWABLE ENERGY

RESOURCE PROCUREMENT PLAN.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated the Agenda Report Item No. 6.3 (“AgendaReport”) , dated December 1, 2011 and related agenda materials, hasreceived the expert testimony of Port staff, and has providedopportunities for and taken public comment; and

WHEREAS on April 12, 2011, the Governor of the State ofCalifornia signed California Senate Bill 2 of the First ExtraordinarySession (SBX1—2, Chapter 1, Statutes of 2011, First ExtraordinarySession), known as the California Renewable Energy Resources Act;

WHEREAS SBX1—2 states the intent of the Legislature that theamount of electricity generated per year from eligible renewableenergy resources be increased to an amount that equals at least 20% ofthe total electricity sold to retail customers in California per yearby December 31, 2013, and 33% by December 31, 2020;

WHEREAS pursuant to the provisions of Public Utilities Codesection 399.30(a), each utility, including the Port of Oakland, mustadopt and implement a renewable energy resources procurement plan(hereinafter referred to as the “RPS Procurement Plan that requires thePort to procure a minimum quantity of electricity products fromeligible renewable energy resources, including renewable energycredits, as a specified percentage of the total kilowatt—hours sold tothe Port’s retail end-use customers each compliance period; and

WHEREAS in compliance with SB 1X 2, Port staff developed anRPS Procurement Plan based on a model plan drafted by the NorthernCalifornia Power Agency; and

WHEREAS the Port has provided not less than thirty (30) dayspublic notice of the proposed adoption of the RPS Procurement Plan;and therefore be it

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RESOLVED that the Board of Port Commissioners herebyapproves the Port’s RPS Procurement Plan; and be it

FURTHER RESOLVED that the Renewable Energy ResourcesProcurement Plan shall be effective January 1, 2012.

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12/01/11Item No.: 6.3MCR/


RESOLUTION ADOPTING A PROGRAM FORENFORCEMENT OF THE RENEWABLE PORTFOLIOSTANDARDS PROGRAM.

WHEREAS the Board of Port Commissioners (“Board”) hasreviewed and evaluated the Agenda Report Item No. 6.3 (“AgendaReport”) , dated December 1, 2011 and related agenda materials, hasreceived the expert testimony of Port staff, and has providedopportunities for and taken public comment; and

WHEREAS on April 12, 2011, the Governor of the State ofCalifornia signed California Senate Bill 2 of the First ExtraordinarySession (SBX1—2, Chapter 1, Statutes of 2011, First ExtraordinarySession), known as the California Renewable Energy Resources Act;

WHEREAS SBX1-2 states the intent of the Legislature that theamount of electricity generated per year from eligible renewableenergy resources be increased to an amount that equals at least 20% ofthe total electricity sold to retail customers in California per yearby December 31, 2013, and 33% by December 31, 2020;

WHEREAS pursuant to the provisions of Public Utilities Codesection 399.30(a), each utility, including the Port of Oakland, mustadopt and implement a renewable energy resources procurement plan(hereinafter referred to as the “RPS Procurement Plan that requiresthe Port to procure a minimum quantity of electricity products fromeligible renewable energy resources, including renewable energycredits, as a specified percentage of the total kilowatt—hours sold tothe Port’s retail end-use customers each compliance period; and

WHEREAS in compliance with SB 1X 2, Port staff developed anRPS Procurement Plan based on a model plan drafted by the NorthernCalifornia Power Agency; and

WHEREAS in compliance with Public Utilities Code Section399.30, the Board must adopt a program for the enforcement of the RPSProcurement Plan (Enforcement Plan); and

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WHEREAS Port staff has developed an Enforcement Plan as morefully set forth in the Agenda Report, that, among other things,commits the Port to cause the RPS Procurement Plan to be reviewedannually to assess compliance with the minimum procurement targets;and

WHEREAS the Port has provided not less than thirty (30) dayspublic notice of the proposed adoption of the Enforcement Plan; andtherefore be it

RESOLVED that the Board of Port Commissioners herebyapproves the Enforcement Plan for the Port’s RPS Procurement Plan; andbe it

RESOLVED that the Enforcement Plan for the RPS ProcurementPlan shall be effective January 1, 2012.

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December 15, 2011

MCR/jev


RESOLUTION FINDING AND DETERMINING THAT PROPOSEDSUPPLEMENTAL AGREEMENT (S) WITH YIELD TECHNOLOGIES,INC. AND HITACHI CONSULTING SOFTWARE SERVICES FOR (A)AN ADDITIONAL MAXIMUM COMPENSATION DISCLOSED TO THEBOARD OF PORT CONMISSIONERS AND (B) TEMPORARYSTAFFING AGENCIES FOR A MAXIMUM COMPENSATION OF$300,000; FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDING ANDAUTHORIZING EXECUTION OF SAID SUPPLEMENTAL AGREEMENT(S).

WHEREAS by Resolution No. 09102, adopted by the Board of PortCommissioners (the “Board”) on February 3, 2009, amended by the First andSecond Supplemental Agreements as authorized by Resolution No. 10-115 adoptedon July 7, 2009 and Resolution No. 11-32, adopted on March 29, 2011, andfurther amended by Resolution No. 11—81, adopted on July 21, 2011, the Boardauthorized an Agreement with YIELD TECHNOLOGIES, INC., for implementation andsupport consulting services with respect to the Port’s Enterprise ResourcePlanning (“ERP”) system; and

WHEREAS it is desirable at this time to authorize the ExecutiveDirector of the Port to approve additional work for ERP support and relatedservices as more fully set forth in the Board Agenda Report Item No. 2.1,dated December 15, 2011 (herein the “Agenda Report”), and additionalcompensation for such work; and


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RESOLVED that the Board hereby finds and determines that proposedAgreement(s) with YIELD TECHNOLOGIES, INC. and HITACHI CONSULTING SOFTWARESERVICES, will constitute agreements for obtaining professional, technicaland specialized services that are temporary in nature and that it is in thebest interest of the Port to secure such services from YIELD TECHNOLOGIES,INC. and HITACHI CONSULTING SOFTWARE SERVICES and/or temporary staffingagencies without competitive bidding; and be it

FURTHER RESOLVED that the Board hereby approves and authorizes theexecution for and on behalf of the Board of said Agreement(s), upon terms andconditions consistent with the Agenda Sheet and providing that YIELDTECHNOLOGIES, INC., HITACHI CONSULTING SOFTWARE SERVICES shall be compensatedfor such services including costs of miscellaneous reimbursable expenses at amaximum compensation that shall not exceed an amount disclosed to the Board;and be it

FURTHER RESOLVED that the Board hereby approves and authorizes theExecutive Director to enter into supplemental agreements with temporarystaffing agencies for temporary Oracle business analyst services in an amountnot to exceed $300,000 and that such agreements for obtaining professional,technical and specializes services are temporary in nature and that it is inthe best interest of the Port to secure such services from temporary staffingagencies without competitive bidding; and


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At the regular meeting held on December 15, 2011 Passed by the following vote: Ayes: Commissioners Gonzales, Gordon, Uno, Yee and President Calloway - 5 Excused: Commissioners Head & Lighty - 2 Noes: 0


and be it


RESOLUTION APPROVING BUILDINGREQUESTED BY LANDMARK AVIATION.

PERMIT

RESOLVED that in reliance upon the representations andcertifications set forth upon and submitted with an application byLANDMARK AVIATION, (“tenant”) for a building permit to perform certainwork at 8633 Earhart Road (L-550), Oakland, California, the Board ofPort Commissioners (“Board”) hereby approves same subject to saidrepresentations and certifications at an estimated cost of $10,000,said work and applicable conditions of Port approval including thefollowing:

1) Installation of three signs on the Executive TerminalBuilding. The signs will be on the east, west andsouth elevations near the building entries. Each ofthe signs on the east and west sides will beinternally illuminated cabinet signs reading “LANDMARKAVIATION” with a square logo, each is 90 sq. ft. Thesign on the south side will be internally illuminatedchannel letters with perforated black faces,approximately 60 sq. ft.;

FURTHER RESOLVED that the Board hereby finds and determines thatthis project has been determined to be categorically exempt underCEQA, per CEQA Guidelines Section 15301, Existing Facilities and15301, existing facilities and 15303(e), new or conversion of smallstructures; be it

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REQUESTED BY LANDMARK AVIATION.PERMIT


5-

and be it


certifications set forth upon and submitted with an application byLANDMARK AVIATION, (“tenant”) for a building permit to perform certain

work at 8517 Earhart Road (L-510), Oakland, California, the Board of

Port Commissioners (“Board”) hereby approves same subject to said

representations and certifications at an estimated cost of $10,000,said work and applicable conditions of Port approval including thefollowing:

1) Installation of three signs on the Hangar 5. Thesigns will be on the east, north and south elevationsnear the building entry and over the hangar doors oneach gable end. Each of the gable signs (north andsouth sides) will be non-illuminated individualletters reading “LANDMARK AVIATION” with a squarelogo, each approximately 150 sq. ft. The sign overthe street entrance will be internally illuminatedcabinet sign, approximately 90 sq. ft.;




15301, existing facilities and 15303(e), new or conversion of small

structures; be it

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REQUESTED BY LANDMARK AVIATION.




LANDMARK AVIATION, (“tenant”) for a building permit to perform certain

work at 8991 Earhart Road, Oakland, California, the Board of Port




following:

1) Modification of hangar doors and opening to allow

planes with taller tails to fit inside Hangar 3. Work

will include expansion of the door opening and

installation of new doors;

and be it




15301, existing facilities; be it

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perform the work subject to the provisions of this resolution),

entitlement or property interest, or (ii) any obligation Or liability


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REQUESTED BY KMKY DISNEY RADIO.PERMIT


and be it



IMKY DISNEY RADIO, (“tenant”) for a building permit to perform certain

work at 3 Radio Tower Road, Oakland, California, the Board of Port




following:

1) Modification and maintenance of three radio towers.

Work will include shortening of all towers by 13 feet

to meet FCC requirements, replacement of structural

members as necessary, and repainting. The project has

been accepted by BCDC as falling under the Shoreline

Maintenance permit;



CEQA, per CEQA Guidelines Section 15301, pursuant to Class 1; be it

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12/15/11

DSC:mj’


RESOLUTION RESCINDING PRIOR BOARD RESOLUTION NO. 01350.

WHEREAS, the Board has reviewed and evaluated the Agenda Reportdated December 15, 2011, Item 5.7 (“Agenda Report”) and relatedmaterials, has received the expert testimony of Port staff, and hasprovided opportunities for and taken public comment; and be it

RESOLVED that the Board of Port Commissioners (“Board”) herebyrescinds, effective December 31, 2011, prior Board Resolution No.01350, passed by the Board on September 4, 2001, providing anadditional week of vacation and deferred compensation payments for thePort Attorney; and be it


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RESOLUTION APPROVING THE APPOINTMENT OFDIRECTOR OF ENGINEERING.

WHEREAS the Board has reviewed and evaluated the Agenda Reportdated December 15, 2011, Item 6.2 (“Agenda Report”) and relatedmaterials, has received the expert testimony of Port staff, and hasprovided opportunities for and taken public comment; and be it

RESOLVED that CHRIS CHAN, be and he hereby is appointed to theposition of Director of Engineering, at the Salary of $15,000 permonth plus applicable fringe benefits, such appointment effectiveDecember 24, 2011, the first pay period following the Board’s approvalof this Resolution; and be it


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December 15, 2011Item No.: 8.1JS/lhr

Thursday, February 02 1:00 PMThursday, February 09 9:00 AI4Thursday, February 16 1:00 PM

RESOLUTION ADOPTING A NEW BOARD MEETINGS SCHEDULEFOR THE BOARD OF PORT COMMISSIONERS FOR CALENDARYEAR 2012.

WHEREAS, Article II of the By-Laws and Administrative Rules forthe Board of Port Commissioners (By-Laws) and Rule V(C) of the Rules forPublic Participation at Meetings of the Board of Port Commissioners andStanding Committees (Rules) specify that the Board of Port Commissioners(Board) shall establish a regular meeting schedule for Board meetings;and


WHEREAS, if an earlier start time is deemed appropriate anddesirable for an upcoming regular meeting to accommodate anticipatedadditional public speakers or to provide for longer deliberation on thepublic record, it has been the policy and the practice of the Board toamend the regular meeting schedule in advance to include such earlierstart time, subject to ten—day public notice, rather than to declare a“special meeting” subject only to two—day public notice, to maximizepublic notice and public participation; and

WHEREAS, the Ralph M. Brown Act (California Government CodeSection 54950 et seq.) permits the Board to determine and adjust thedates and times of the Board’s regular meetings, from time to time, byway of resolution or motion; and be it

RESOLVED, that the Board’s meetings for calendar year 2012 shallbe held in the Board Room of the Port of Oakland Building, 530 WaterStreet, in the City of Oakland on the following days at the followingtimes:

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Thursday, March 01 1:00 PMThursday, March 08 9:00 AMThursday, March 15 1:00 PM

Thursday, April 05 1:00 PMThursday, April 12 9:00 AMThursday, April 19 1:00 PM

Thursday, May 03 1:00 PMThursday, May 10 9:00 AMThursday, May 17 1:00 PM

Thursday, June 07 1:00 PMThursday, June 14 9:00 AMThursday, June 21 1:00 PM

Thursday, July 05 1:00 PMThursday, July 12 9:00 AMThursday, July 19 1:00 PM

August Recess

Thursday, September 06 1:00 PMThursday, September 13 9:00 AMThursday, September 20 1:00 PM

Thursday, October 04 1:00 PMThursday, October 11 9:00 AMThursday, October 18 1:00 PM

Thursday, November 01 1:00 PMThursday, November 08 9:00 AMThursday, November 15 1:00 PM

Thursday, December 06 1:00 PMThursday, December 13 9:00 AMThursday, December 20 1:00 PM; and be it



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FURTHER RESOLVED, that, where practicable, if an earlier starttime is deemed appropriate and desirable for an upcoming regular meetingto accommodate anticipated additional public speakers or to provide forlonger deliberation on the public record, the Board or Presiding Officershall amend the regular meeting schedule in advance to include suchearlier start time, subject to ten-day public notice, rather than todeclare a “special meeting” subject only to two—day public notice, tomaximize public notice and public participation.

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CITY OF OAKLAND BOARD OF PORT COMMISSIONERSPermanent Employees on Temporary Assignment (PETA)...

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