ensure we keep all on track for that mid june date. when you move down to the ground level which this is at the east end by the muni bus plaza, there was a lot of effort to get the north end done and now the south end is looking just about almost done. good progress on the eastern zone at the ground level and then moving to the western zone, it's all about sidewalk and curb, so that area, with the heavy emphasis with gordon ball and concrete north in that area, by possibly the next board meeting a lot of that will be poured out. we'll have a lot of pictures next month.

condoets are in place. the final utility connections with happening on beall street. up on the park, the pathway in here is about 90% complete of the half mile jogging walking path. we're getting ready for the small plants showing up, drip irrigation is in place and working on a temporary basis, temporary water to get them going and get it installed as it starts to come together. this has been poured -- this picture is about a week old.

i've heard zero issues at this end. as we continue to build out and complete the bus plaza area is going well. one element i mentioned about level two and some -- there is a hand-off starting to happen this month. web core is working on their punch out and turn over, basically signing off where they're working specifically, the level two area probably the most real estate getting turned over to lincoln management who has turner special projects division doing the tenant improvement for that work. they have their bids, safety coordinations happening, out reach and of course the pla is in work for that as well. the bus storage facility

continues to be on time. the falsework on the bridges has gone well. the approach slabs poured within the next few weeks and sound walls going up. a lot of block is going and they are still on track for their june date. hopefully we can get buses in the bus storing facility around may even to start training at the west end where the east end is the final work the admin building. quick update on the on ramp item, submitted was the set to caltrains and it was incorporated into the scope. i anticipate that, keeping on track to being signed off, it

seems like the parties are in good shape for agreement on what needs to be done and we'll get that over to our contractor soon to have that implemented before bus operations start. lastly, i know i showed this last month. we advertised 42 states, we found two more. the signs coming from south dakota and wyoming. so now all we need is alaska, hawaii and vermont. we keep putting the pitch out there. we have to find the three states, that would be quite a success for our effort for labor to have all 50 states create a job somewhere every where in the country. we're almost there and we have over 21,000 jobs identified as well. the very good news on safety, there's nothing to report.

this year so far. no lost time to date this year. and we're almost at 4.6 million craft dollars. now over to ron to tell the rest of the story. >> thanks dennis. good morning directors. a lot of good work going on out there and positive energy despite our challenges. with respect to budget, no real big news, in the last month we've expended about 23.2 million, a little shy of where we ought to be pacing. committed was 8.7 and no real big change in the budget. dac at 2.15, exclusive of all

known and anticipated issues out there. it does not include 301 mission matter or ti work. it does track the issues we're tracking with respect to delivering phase 1. a total of 139.9 million remaining in contingencies. this was associated with bus storage facility and disposal. we had a bit more disposal type

soil conditions. it's been managed through that. that brings us to schedule. there is a bit of a slide at june 1st for the transit center. i'm actually optimistic about the summer despite june and i'll get into that more dealing with risk and mitigations in play. i think what's pushing june from the previously reported may 11th is a little more emphasis power on rival and distribution and in terms of the roof park, we actually gained three days. there's a lot of high energy and good work going on on the roof

park. and again, the bus storage is the poster child of just steady as she goes and delivering and should be arriving in june as well. the previous fear of bus storage lagging so behind and not available for operations is dissipating which is good news. looking at the streams of activity, this month's read on the schedule was a little perplexing for me. you'll notice the map's and system commissioning stayed steady and everything else slipped out. i have to call a meeting to kind of understand what's going on here. this graph is kind of telling me a bit of a perplexing story. what i have come to learn is that now that we're coming to

the end, it seems everything is critical and even if there's an odd ball shaft or room in any of the streams of activity, it kind of pushes it out. i think the majority of it is pacing better than would be indicated here. i'm relying a little more on as i mentioned last month, i've been pressing to be informed better on milestones. i think i mentioned there's about 71 milestones in electrical only and i wanted to hear more on other streams of activity. getting that information has been a little jerky but i did hear with respect to the 24 expected milestone to be met in the last month that 13 were met and 11 were at first glance missed and you'll see in the risk slides, i was reporting

unsatisfactory level of milestone achievement and in fact -- let me move on to the risk slide. looking at the 11 misses, they're kind of near hit. there's a lot of mitigation, bump motors, run pumps and what have you. i think there's a high energy of mitigation activity going on. getting back on track with the slide, again, our challenges remain with the electrical subcontractor's pace of delivering milestones, the e-2 pylons are kind of the struggle out on the park because that's moving very nicely, the park in general. but these pylons are continuing to be promised next week, next

week. and yet again, i heard they're arriving next week. web core has some individuals going down this week to visit the plant and see what's going on with the manufacturer and delivery of these items. recently you have heard a lot of worry about completion and energizing the power distribution bottles and i'm pleased to hear all the physical work is complete. i was looking into it, and i learned that there was a series of miss steps over the past year in terms of installation by various contractors and maybe some by puc as well, but we have navigated through that, everything is in place. i understand there's a scheduled review for volk acceptance next

wednesday on the 14th. we should have that behind us and then last, another risk has been the state of completion of inspection readiness. and that's kind of the typical push/pull of when are you really ready, inspections failing, or not meeting the mark and i'll speak to that in mitigations in a bit. and if i were to add one more to this, i think on the horizon, standing up to systems is going to be another risk. don't have much information right now. in terms of mitigation, maybe the best or biggest news, the highlight was hearing that web core has finally removed all low voltage scope away from the low performer. management of that scope is now

under web core as of this week. i've seen a lot better personnel with that. it has been a good performer but restrained by the lack of management. so it was refreshing to see that we're seeing web core grab hold of that. and put a lot of focus on getting those low voltage systems in place, in particular, the fire system which has all the fire department sign-offs now in terms of the shop drawings. so that's a piece of my optimism despite some of the indicators on the schedule.

additional supplementation of voltages going on as well. and the site notice has advanced better. there's been a blend of introducing different concrete sub, as well as gordon ball stepping up and i think we're seeing a better pacing around the building to finish with all the sidewalks as intended and clean up the perimeter. column covers was mentioned and they have picked up pace as well. was able to continue with the original subcontractor. that's good news. there's still some finish issues we want to get addressed. but it is pacing better. i think some adjustments will need to be done to clean up some of the alignment issues we see

out there. then addressing interior finishes, we've had a great influx of tile workers. that's all good news. i think my optimism comes from despite what i have been calling the unpleasantries of administration with ld's and charge back and all that, take it down a level to boots on the ground. we have a good concentration of energy with the web core crew, with our crew across the board, renewed energy with ac transit and muni, we're all having good positive dialogue on how to deliver in june.

it's remarkably good feeling particularly on wednesdays where i focus heavily on transbay and in the mornings there's 30-40 people in the oac meeting and we're all -- they're all the superintendents are reporting and getting into the milestones and good positive energy in that respect. the issues that are a logger jam, they're elevated to the project leadership team where there's anyone from 6-12 of us in the afternoon, we're making decisions, identifying problems and making decisions and they're advancing. so that's all real good. in terms of my concern about the inspections, there's new close-out management with web core overseeing the flow of inspection and inspection readiness. i worked with taylor before at the hospital, he's quite capable

and i'm seeing some improvements on all the subs being better prepared for inspections and better prepared to fulfill their qa, quality control responsibilities. so that's all good. and i wanted to kind of conclude -- there was a lot of talk about puc and delivery of energy and power and permanent power and i just wanted to set the record straight as i see it, as i had kind of dug in and understood what was going on with all of that. and i do want to commend puc for stepping up and help navigate through the problems that arose from some of the miss steps over the past year. puc is very much like pg and e,

they have a volt readiness check list and if you don't check every box, they don't show up. the lighting has to be just so, until all the boxes are checked, they have every right not to show up and do anything. they're coming next week to finish checking the boxes but all the work is done. they have stepped up and delivered for us and i want to acknowledge that. with that, i'll take any questions. >> chair nuru: board members. >> i appreciate all the optimism and hearing there's good energy but it seems the fact remains from the schedule perspective, in the past month we have only gotten a week or two worth of work done and some areas, exteriors, we're further away from completion than we were a

month ago. can you help reconcile your optimism with the schedule. >> that is where the fatalistic initial reaction was to look at the graph -- >> the schedule is not accurate? >> no, i think some things are being pushed out because so many things are critical as i mentioned. the exterior enclosures, i understand there's difficulties with finishing up some shafts with the metal panels and all. that is pushing out some of the bars. likewise, the readiness of rooms are being pushed out because they're not done in terms of meeting the milestones i mentioned. but in fact because there's temporary power and provisions, they are kind of moving forward a little bit more.

it's not really graphically showing up. i'm not sure how to resolve that. there's a broad brush in saying in all the 3,000 activities on the schedule, how are they all tracking. so kind of the out lying lays the terms. that's why i want to look at the key milestones and understand the hits and misses with that and work on kind of tease out some of the out liars so it's not obscured on the graphics as much. >> if there are isolated issues such as a portion of the exterior or a few rooms here and there that have issues, is there a way to get them off the critical path? >> yeah. i need to foot note those or understand them -- >> i guess there are contract

issues and getting certificate of occupancy issues but only a portion of the facility we need to be able to eventually function in terms of the bus service. i guess a concern is this keeps slipping out and out and if some of that is being driven by things not really needed by day one, if we can disassociate those and get certainty in terms of when we can actually start serving customers, that would be helpful. >> no, in fact, i met with steve last week and we need better certainty and again, as you saw when jeff spoke up, i didn't get a lot of certainty, just a lot of other issues or the other guy. but we did drill down and talk about kind of what does it mean to take over low voltage, some targets in terms of getting the

fire alarm going. we're going to meet again next month to start honing in. we need to get better certainty from web core as to when it's going to arrive. >> what is your level of confidence with june 1st right now? >> better than my initial reaction. we've talked about how can we stand up in june on different scenarios. whether it's fully activate the plaza and introduce some -- if there's a strain with transit in terms of arrival that others may arrive first, making sure the pop-ups are on tracks. we're looking at various scenarios that will improve the chances of opening up in june rather than letting it push out to august or september.

again, i'm working with the crew and some of the new superintendents, i have positive feeling we're going to get it arrived in june. particularly the walk with ac transit and muni earlier where we tease the out the concerns a bit and we able to maintain the testing to begin on february 20th and next wave in march. and kind of renewed commitment across the board of all the players to lean in and get june has helped a lot. >> thanks. >> chair nuru: questions from other directors? yes. >> thank you. ron, thank you for the update and i'm sorry i wasn't here for the january update. i saw it. i'm trying to figure out how to say the right things. i want to say thank you for all

the hard work over the last years. i think it's also safe to say, at least from an emotional standpoint, it's disappointing to see it drift out. >> absolutely. >> i don't want to undermine the optimism and team's effort on site, but i think it's appropriate to underscore the drifting needs to stop. and the certainty needs to be there whether critical path things are -- i don't want to get -- i'm struggling not to micro manage. >> i know what you mean. >> high degree of certainty, this facility should be operational june 1st. if there are things you need from the board, please don't hesitate to let us know. but the message should be this thing is going to open for operations june 1st. all the tools in the contract

and i know public agencies don't like using ld's, i do, all the mechanisms we have will be used that we can use if the date is not hit. >> just for clarity, substantial completion june 1st and discussions around june 17th for bus operations but we are using every tool in the tool box, we are in part of our discussion last week with web core was the manner in which we communicated to date and which it was going to continue to be communicated with each pay app what the possible is with ld's. >> thanks.

>> item nine, facility readiness update. >> our facility manager. >> good morning directors. facility manager. this month the format of the presentation will be slightly different than the december meeting. i will start with the facilities update and sydney will follow with the security update and then we'll wrap up with the schedule update. and an important update on this slide, the greyhound and amtrak bids came in last friday. lincoln is packaging them up for approval. i expect them any day. in the meantime, both turner special projects division or we're calling them turner spd and web core have met to

coordinate access safety rules and other logistics. completion of the greyhound space is contingent on web core receiving permits and followed by turner with theirs. the completion time frame is likely mid may, followed by the improvements for the lincoln offices. the work on the mail room is not time sensitive in that the noted four week duration is reflective of an over the counter permit to build partition wall and outlets pending finalizing equipment layout. lastly, when the retail areas are ready for construction, the permitting process through dbi will be streamlined and in place.

facility readiness, two main points today, key contract is the marketing promotion consultant contract, lincoln is currently negotiating with a local vender whose prices were the most favorable. this contract is key, one of the first things they will do with tjpa and other input is create a unique identity brand for the transit center taking into consideration the naming rights agreement and program brand. and creation of a rebust web site. second, an important readiness activity is having the service contracts in place at the appropriate time, lincoln is working through the 50 plus rfp's issued last year. having the service contracts completed will enable lincoln to

apply actual dollars to the budget in which the final version is due to the board later this year. this current schedule shows -- continues to show a drive toward the end of march where appropriate. brv continues to refine their program. they have built the information that will be featured on the sales force transit center web site. for example film and photo shoot guidelines and application, event proposal and guidelines. they have completed information for approval of pricing rationale and guidelines and rates and we'll look at those over the next couplie of weeks. additionally to obtain entertainment permit for

amplified sound in the park. the routine hearing is next friday the 16th. this will be followed by the posted signs for 30 days and followed by inspections from city agencies. the inspection by city agencies will intersect with web core's work, fire, health, police department, electrical and build building. nothing is under contract but brb expects to have shortly. finally not having a firm opening date has impacted being able to move forward with certain activities, examples are marketing and promotion materials, finalizing the programming calendar and knowing when to hire park attendant staff. with pearl of note this month,

pearl supported the tjpa and lincoln with designing, building and maintaining a temporary web site to bridge the gap until marketing consultant can get on board. pearl will be here in march to present to the board. aside from the basic aspects of the content management system that provide transit and waistlining information, they will give an overview of the revenue generating program to include a discussion as to the timing of when the pjpa can start to see the advertising xhim commitments. and there will be a discussion on media players, the brain of the content management system, arriving later than anticipated. the bulk of them is expected later in march. originally anticipated in december, so pearl will be

discussing potential impacts and work-arounds if needed. i don't have anything more specific on that aspect today because pearl is still working through the issues. pri, a preliminary plan was provided in january to the tjpa this week, including estimated revenue projections, including nine units of farmers market, 49 food trucks on the ground level in the park one location and on the bus deck four locations and they need time to absorb and understand the plan. at this time, a major vender for food, beverage -- vending machines is interested but not committed until the locations of the electrical outlets can be confirmed. indications on a plan are not sufficient. the outlets need to be installed

and this is what ron was talking about earlier, to have the electrical in place so that the pop up vender can make the final placements. the vender wants to see them in place before they'll make a commitment. additionally the date is needed for the start of main revenue service for this vender and others to make commitments. so these two aspects need to be worked out as the web core schedule solidifies. even so, a walk around the site generated a request for additional electrical outlet locations on the bus deck, lincoln is doing a cost-benefit analysis. we need to decide if the additional revenue generation will justify the cost of the outlets. the weekly transit meetings with the agencies are continuing.

in january they focused on muni the first half and ac transit the second half and dennis talked about this earlier. they have included the executive director of planning and executive director of security and planning and cio called in this week. last week -- dennis talked about this, rather than a call, the team met on the bus deck to talk about the best method for testing buses. to director harper's earlier question, we have a meeting with the transit operators in a couple of weeks to talk about the specifics of the hours and just to make sure we're understanding exactly what they're doing so we can drill down on the details.

with the agreement, progress is being made as noted with each set of agreements in various stages of completion. sfmta is nearly complete. we had another call yesterday to tie up loose ends. the target date for this board is march and then sfmta march board presentation will include the ac transit agreement for the bus deck. ac transit licence agreements are set to be presented in february to the transit board. talks with amtrak commenced last year, but were suspended pending their receipt of the licensed agreement from ac transit because they wanted to consider it in conjunction with the second floor lease with the tjpa. now that that is in hand, talks for the second floor can move forward. i hope that's not too confusing.

i'll turn it over to sydney and then close with the schedule. >> good morning. so last month the board awarded the private security contract. you approved the law enforcement with sfpd. the code of conduct is under development and we'll bring it in march. standard operating facilities for the facility and prior to the start of bus operations. in the schedule you see that has slid, we need access to the facility and if our contractor hires too early, we're bringing on too many people and we're idling them or might lose them. and then first responder agencies, that's work responses

being done. >> okay. so this is the master schedule slide showing overall readiness compared to the construction timeline. it was updated to reflect facility and security readiness progress in blue. independent of the construction timeline with the green with the completed taking into consideration the construction timeline. transit readiness is at mid june. anticipating that is the start of the revenue service. greyhound amtrak ti's, noted in the april/may time frame, at this point we're thinking it is going to be middle of may taking into consideration the web core.

maintenance contracts mid march and the start of revenue service digital media and the pop-up is extended to mid june. retail leasing indicated as ongoing activity and sydney discussed her security timeline just a few minutes ago. so that's the end of the presentation. any questions. >> chair nuru: questions from board members. >> one question on the pop up retail, the slide seems to suggest there's no pop up retail at the muni bus plaza. is that correct and why -- >> which one? >> slide six.

>> i'll have to look at the plan. we had originally looked at that -- >> you're going to have a lot of foot traffic. >> i remember we talked about a coffee kiosk. that's the plan we got this week. i need to take a look at it. thanks for noting that. >> chair nuru: director harper. >> you mentioned you are getting difficulties coming up with respect to no solid grand opening date. >> correct. >> and then you mentioned how the roof top park is sort of moving into june as well. and i took a tour last week or something like that and i have no expertise but to me, the roof

top park was probably the level that was needed the most work in my opinion but i don't want to put that out there, but at some point it seems what you're facing for not having a grand opening, it may make more sense to set a grand opening at a safe date where we know the roof top park will be in. as much as i like to think all of san francisco will turn out to see the buses in the building, i don't think that's the case. what all san francisco will turn out to see is the park. and one of the things that we might think about is just saying okay, there will be a grand opening in july, mid july or whatever just knowing that

everything is ready, especially what everybody wants to see. i can speak for ac transit in this respect, we're not insistent that the grand opening needs to take place right when the first bus rolls out. you'll see of course, the june 17th is on a sunday. so it's not like we're saying we're going to blast in there the first bus for the sunday service. so, i mean, i could check with ac but if you decide, if the board decides that what you're saying is something that needs to be paid attention to in terms of let's get a grand opening date to tell the people you have to deal with, then let's do that. it would be my suggestion -- that is really staff's choice. >> i think director harper, martha's issue is the venders need to know when they can

start. they can't start until the facility is completed. what she is showing, the blue bars is that should be done with her work, like vrd will be done with the work and ready to implement in the park. obviously the park is not ready so they can only implement that in june. so she's basically trying to tell us that she's ready to go but waiting for it to be open. from my personal perspective, i would never celebrate without the transit bus in -- >> i'm not saying that, the bus service can come in without having a grand opening to do so. as long as we can safely put people in there and make it to the bridge and back and everything, you know, we're nitty gritty about that and we'll do that.

>> as we get closer we'll start to see if it can be done at the same time or afterwards. >> chair nuru: any other questions? okay. >> thank you. >> chair nuru: thank you. >> item 10, agreement with pacific howard corporation to pay 1,348,000 over parcel g. >> director schwartz is here to answer questions. permit easement which is underneath the bus ramp. >> andrew schwartz for the tjpa. this item is for the board's consideration of an easement

agreement for the grant of 10 permanent easements to the developer of a hotel and residential tower adjacent to the future under the park between howard street. the developer would pay the tjpa 1,348,000 for the easement with the lump sum payment at closing which would have to occur by august 1, 2018. the attorney is in agreement and much of the fees have been paid by the developer. the 10 easements are the permanent are six permanent and four temporary. element easement that extends 1.33 feet into the air space

above parcel g and i should note that the bus ramp is 14 feet from the property line here. all of these per nate easements would not be close to the bus ramp except for anti-ram barrier that extends out closer to the tower. but all of the permanent easements would be under -- on the ground or much closer to the building from the bus ramp so there's no danger of interference with the bus ramp. the second is a building sway easement in event of high windy vent or earthquake to allow space for the building to sway. a window and building maintenance easement, cafe zone easement that allows the developer to put a cafe on the ground adjacent to the hotel for

use by the hotel and public. a landscape and hardscape easement west of the zone easement that would relate to the cafe. and be coordinated with ocii that is developing the other improvements on the park and fire separation easement that would restrict any construction within 21 feet of the building under the bus ramp that would cause the developer to have to close off windows or make physical changes to the hotel and residential building. the three year construction access easement, would only extend 20 feet above the ground, so that would not interfere with the bus ramp or get close to the bus ramp. a crane easement that would be

used to build the hotel, we -- we were able to negotiate an agreement with a developer that instead of using a boom crane that would be horizontal, they would use a crane that could be -- which would not have to swing over the bus ramp and only be limited to swinging loads that are within an easement which is to -- to the east of the bus ramp, it would not swing over the bus ramp. and then a curtain wall installation easement six feet into the parcel that allows for the construction of the curtain wall of the hotel from under ram park and 18 month easement for

an underground shoring wall to allow the developer to extend space out four feet. and the -- none of the easements would interfere with the development of the park. a work plan agreement between tjpa and coordinator for the improvements. >> chair nuru: any questions. >> thank you for the update. quickly, i probably missed it in the staff report, the duration for cafe? >> it's permanent.

>> versus 25 years and renegotiate is that -- pretty nice rent forever. let's do the math. >> a permanent easement allowed us to charge more money. >> two questions. to the extent that permanent easement on the ground doesn't cover the full footprint for temporary easement for construction. can you confirm there's language that requires them to restore or improve whatever part of parcel g they would be temporarily encroaching on? >> well, the construction access easement extends -- with the footprint of the cafe zone easement and land easement.

it doesn't extend beyond that. any of these -- any procedural or logistic issues with regard to construction will be dealt with in the work plan agreement we'll negotiate with the developer. >> the second question is were these revenues anticipated and where do they go? >> i knew you were going to ask. sarah, can you answer the question, it's consistent with caltrain, this particular parcel, caltrain not giving us the power of termination on it yet. sarah, where does the money go? >> it goes into the account and be spent for park construction costs. >> so were these anticipated revenues? >> they were not. it increases the land sale

revenue from cash proceeds from 516 to 517 some odd million. >> less that we have to borrow. >> yes. >> great. >> chair nuru: yes, director harper. >> i was glad to hear how the crane works. for the last year or so my office is overlooking this big construction 30 story thing at 17th and broadway and that crane is horizontal and swings out over broadway or 17th as needed and about three -- yeah, about five weeks ago it lost a big bundle of rebar and hurt some people, not on the street. it didn't lose it over the street. i was concerned when i looked at the drawing and saw that -- what it was. but i would like to -- first of

all i have a question about these cranes. is it -- i know a lot of the crane movement is automated now so the computer knows the crane is not supposed to do something in the way and lift up. is this -- is it possible that this crane will be set so it cannot go over the bus ramp? >> yeah, with a load it will not be -- it will be programmed in the way it can't go over the bus ramp. >> that's something we can check on. >> we made it clear there's never opportunity to have a load over our live bus ramp. >> but the operator can probably -- >> they can program that in. >> and -- >> and we'll be out there monitoring it. >> i'm sure oakland never intended for the crane to swing over broadway and 17th but it

does fairly regularly. you get the pressure on the job and then these things happen. what i would like to see in here is ac transit have the ability to deal with the construction company -- we do have cameras on all our buses. we can verify when the crane does go over the bus ramp and say here it is. but i don't like the idea of having to go through -- first ac transit and having to go through its -- up the chain and whatever we just did this and then tjpa's chain and having to go up. i was thinking that one of the paragraphs in here, that is standard i know in contracts, no third party beneficiaries, paragraph 9 and 10 benefit ac transit. no question. it's the limitation. it's for us and our passengers

that that crane cannot go over the bus ramp. so we are third party beneficiaries of it. i don't know if it would hurt or anything but i would like to be able to at least as a practical matter, work it out in practice if it really occurred. i would like to have a foundation for it in the agreement which says that with respect to paragraphs nine and 10, ac is the third party beneficiary so we can deal with the construction company without hassle. the whole standard clause of no third party beneficiaries in the agreement kind of works both ways. you could eliminate the clause or just name ac transit as a third party beneficiary. i don't want to get into three years of seeing problems with that crane or other things.

i just point out the crane because of my recent experience, but -- and that would just say i don't see harm of it, yes, we're third party beneficiaries, paragraphs 9 and 10. >> i want to make it clear in regards to -- mixing up the live load and the boom. there is never a live load that will be over the bus ramp. there is one situation only addressed in the language is in there, in the situation of a major storm event, what happens with cranes, they put them into a weather mode and that's the only time and depending on how the operator feels, at how far down his boom needs to be for safety, we have allowed that type of language in there. but it would never include a live load. it's strictly for safety mode for the weather of a crane. i want to make sure it's

understood. >> so the question i have for you, is it possible to put language -- it doesn't hurt in here, to enable at least the contractor not to push back at ac if we want to set up a direct line to the supervisor on the job saying look, go check your crane thing because it came over with a load. >> that can be done. i think that the only easements of the 10 easements that could affect the bus ramp or possibly ac transit are the crane easement and the curtain wall easement that is going to extend over the anti-ram barrier. if it's damaged, it's not going to affect ac transit operations. so it's really only the train easement we're talking about here. paragraphs 9 and 10 deal with the easements and they're below

the bus ramp or to the east between the building and don't affect the bus ramp. so i think we could add a provision to the agreement that provides that ac transit is a third party beneficiary of the requirements that the crane not extend over the bus ramp and that would probably address your concern. >> i would appreciate that. >> okay. >> chair nuru: is the board able to approve with that provision so we don't have to come back next month. >> i think the motion is to amend the resolution to make approval of the easement agreement subject to amendment to name ac transit as a third party of beneficiary for protection of the bus ramp easement. >> that is fine.

>> second. >> no one objecting. no members of the public wanted to comment. a motion and second on the amendment. the other item -- thank you. (calling the roll) item 10 is approved. call next item? >> chair nuru: yes please. >> executive director to execute amendment to services with jones day to provide litigation support services from 301 mission street in $2.2 million. >> i can answer your questions if you have them directors. >> i move approval. >> how are we -- when do -- how do we get a long-term big

picture of these expenses along with all the other expenses that we can foresee because i know some time ago -- i mean, i give budgets in litigation i'm involved in, to the clients, just as a matter of courtesy, this is where i think you're going and i would like to see one eventually. it doesn't have to be public context, that's deborah's call, but i would like to see some sort of litigation budget sometime that we could say okay, that and then what margaret wants to do and all that sort of stuff and everything, i just want to see how it all fits together with the money we'll have and doing more engineering for phase 2 and all that stuff. >> we can provide that. >> the next time the attorneys are here they can present.

>> all right. i heard a first. no members of the public wanting -- >> chair nuru: to comment? no. call the roll. second? >> second. (calling the roll) item 11 approved. item 12 is approve the last agenda. first and second. all in favor? none opposed. the minutes are approved. and at this time you are scheduled to go into closed session. we have not received indication that the member of the public can address you on the item. they have the opportunity to do so. so we are back in open session, this ihe