Meeting Minutes for October 26, 2009
Chairman Spohn called the meeting of the Board of Directors of the Alameda Corridor-
East Construction Authority to order at 2:00 PM.
| I. | In attendance were:
Tim Spohn, Industry David Gutierrez, San Gabriel Patricia Wallach, El Monte Tom King, Walnut, SGVCOG Rosemarie Vasquez, Montebello Staff Rick Richmond, Chief Executive Officer Joe Silvey, Legal Counsel Deborah Massey Cynthia Ambrose Regina Talamantez Victoria Butler Lou Cluster Yanin Rivera Guests Mick Bartholomew, PBSN David Nelson, City of Pomona Dolly Walton, Athalye Consulting Dave Tiberi, Athalye Consulting Bruce Russell, Jacobs |
| II. | Pledge of Allegiance
Member Vasquez led the pledge of allegiance. |
| III. | Approval of Minutes of September 28, 2009
A motion was made to approve the minutes of September 28, 2009. M/S/C/Wallach/King/Unanimous |
| IV. | Public comments
Mr. Ralph Megna, representing MIPCO, LLC, indicated no resolution has been met between ACE and MIPCO had not reached agreement regarding property acquisition. He is concerned that future inadequate truck access will affect their business and their tenants and again requested ACE to acquire the property in its entirely. |
| V. | Chairman's Report
Chairman Spohn reported that last week the MTA Board of Directors adopted the Long Range Transportation Plan which includes $400 million in Measure R funds for the ACE Project through the year 2017. This funding will be significant to the success of the ACE project, and he thanked Supervisors Molina, Antonovich and Councilman Fasana for their advocacy on our behalf at the MTA. |
| VI. | CEO's Report
Mr. Richmond reported that Caltrans approved the Mitigated Negative Declaration for the Nogales St. project which enables ACE to move forward with property acquisition. He also announced that the Draft EIR/EA for the San Gabriel Trench project is now in circulation for public commentf and that a public open house will be held on Wednesday, October 28, at the San Gabriel Mission Playhouse. Mr. Richmond report that a joint letter signed by Congress members Chu, Dreier, Miller, Napolitano and Schifl was sent to U.S. Transportation Secretary LaHood in support for ACE's application for $33.652 million from the TIGER discretionary grant program. Ms. Victoria Butler reviewed construction progress photos of the Sunset Avenue grade separation project. Mr. Richmond, on behalf of Mr. Charles Tsang, reviewed construction progress photos from the Temple Avenue project. |
| VII. | Approval of Construction Management Task Order for the Baldwin
Avenue Grade Separation Proiect with Lim and Nascimento
Engineering Mr. Richmond reported that in August we were advised that Lim and Nascimento (LAN) was acquired by AECOM which is the designer of the Baldwin project. He indicated ACE's past practice would not favor having the construction manager of the same design firm. However, LAN has agreed to conditions which would provide reasonable protection under the circumstances. Conditions include the ability to obtain a third party opinion on design/contractor issues at LAN's cost if judged necessary by ACE, key LAN staff will remain for one year after construction starts, overhead rate will not increase beyond a provisional rate, and E&O insurance carrier will remain separate from AECOM. Mr. Richmond indicated ACE has been very pleased with the CM work performed by LAN on their prior LAN's projects. A motion was made to authorize the Chief Executive Officer to approve a task order for construction management services to Lim & Nascimento for the Baldwin Avenue grade separation project. M/S/C/Vasquez/King/Unanimous |
| VIII. | Approval of Amendment to Demolition Contract with Interior Demolition for the Baldwin Avenue Grade Separation Project Mr. Richmond indicated as part of preconstruction activities for the Baldwin Avenue project demolitions have continued. Remaining are four commercial buildings and one residential duplex and on October 14" bids were received from two of the four previously approved on-call contractors to perform demolition services. Interior Demolition, Inc, submitted the low bid. He reviewed the unknown site conditions and requested the Board approve a 15% contingency to address the issues. A motion was made to authorize the Chief Executive Officer amend the contract with Interior Demolition,, Inc. for demolition services for the Baldwin Avenue grade separation project; to add $150,000 for a new contract value of $275,000. M/S/C/Wallach/Gutierrez/Unanimous |
| IX. | Quarterly Project Progress Reports
Mr. Richmond reviewed the project costs. He indicated that Ramona and Temple close out reductions combined with Baldwin and Nogales increases resulted in an overall $1.5 million increase to the current Phase I forecast. He reviewed activities which included Baldwin Avenue property related acquisition activities, Temple Avenue retaining wall construction, the EIR/EA being circulated for the San Gabriel Trench. |
| X. | Quarterly Financial Reports Mr. Richmond reviewed the FY 2010 budget status, cash expenditures by project, and expenditures versus receipts by project. Mr. Richmond also reviewed the status of the agency's investments. |
| XI. | Presentation on ACE Project Financial Liability Mr. Richmond indicated this item was a follow up to concerns raised by COG'S Executive Director in his comments to the ACE Board last month regarding the financial liability of the ACE Project to the COG. Mr. Richmond reviewed the most likely or significant sources of potential liability created by the ACE Project and what ACE is doing to avoid or minimize risk. They are: financial control system staff uses to monitor and avoid this. The information ACE staff uses will also be provided to SGVCOG with the new reporting formats. provided to the ACE Board and SGVCOG to track this. It is reviewed by ACE staff monthly. occur, how it is monitored, and what precautions ACE staff is taking to avoid it. |
| XII. | Closed Session
Legal Counsel announced the Board would convene to closed session in accordance with government code sections 54957 to discuss the performance evaluation of the Chief Executive Officer and 54956.8 for conference with real property negotiators - two cases, The Board returned from closed session and counsel indicated there was no action taken by the Board. |
| XIII. | Adjournment The meeting was adjourned at 3:46PM |