Meeting Minutes for November 23, 2009
Chairman Spohn called the meeting to order at 2:05PM at the City of Industry Council Chambers.
| I. | In attendance were:
Tim Spohn, Industry Tom King, SGVCOG David Gutierrez, San Gabriel Patricia Wallach, El Monte Rosemarie Vasquez, Montebello Gloria Molina, County of Los Angeles Stephen Atchley, Pomona Staff Rick Richmond, Chief Executive Officer Joe Silvey, Counsel Deanna Stanley Charles Tsang Victoria Butler Carlos Monroy Guests Polly Walton, Athalye Consulting Karim Varshochi, Jacobs Engineering Dick Howdle, Jacobs Engineering Jeanne Harwin, Jacobs Engineering John Ballas, City of Industry Hank Aloso, Jacobs Engineering |
| II. | Pledge of Allegiance
Member Vasquez led the pledge of allegiance. |
| III. | Approval of Minutes of October 26, 2009
A motion was made to approve the minutes of October 26, 2009. M/S/C/Gutierrez/Vasquez/Unanimous |
| IV. | Public comments
There were no public comments. |
| V. | Chairman's Report
Chairman Spohn indicated this would be the last meeting for Supervisor Molina due to the annual rotation of the LA County’s term and that Supervisor Antonovich would assume the seat in December. |
| VI. | Chief Executive Officer’s Report
Mr. Richmond reminded the Board that a public meeting was held in the City of San Gabriel to review the draft environmental impact report. He indicated staff received approximately two dozen written comments and was actively preparing responses. Member Gutierrez thanked staff for their efforts. Mr. Richmond also reported a presentation of the San Gabriel project was given to the Alhambra Council. Lastly, Mr. Richmond reported that a tour of the ACE Project was arranged for the Deputy Secretary of US Transportation Department and Maritime Administration Acting Administrator. Congresswoman Laura Richardson also participated in the tour and briefing. Charles Tsang reviewed progress photos of the Temple Avenue project. Victoria Butler reviewed construction project progress photos of the Sunset Avenue grade separation project. |
| VII. | Approval of Additional Contingency Authorization for Sunset Avenue Grade Separation Project Mr. Richmond reviewed the overall scope of the project. He reminded the Board that this project has had a number of issues from its inception due to inadequate level of design and assumptions of site conditions, utility requirements and conflicts, UPRR contractor requirements and contractor delays. He reviewed at length the combination of issues with the project and indicated the construction is now moving at a rapid pace and staff expects the acceleration to outweigh the value of delay costs at the completion of the project. He indicated of the $4.7 million requested, 1% is factored for unknown project costs which have not surfaced yet. Member Molina requested clarification on the sewer pipe and UPRR requirements. Mr. Richmond indicated the design contained errors in measurements. He reviewed various requirements and conflicts with the Union Pacific. A motion was to made to authorize an additional 11% of base contract value to approve future change orders on the Sunset Avenue grade separation project, resulting in a maximum contract value of $56,710,035 for a total contingency of 35%. M/S/C/Wallach/Atchley/Unanimous |
| VIII. | Approval of Amendment to Construction Contract Services Contract for the Sunset Avenue Grade Separation Project with PB Americas, Inc. Mr. Richmond reported this project, described earlier, requires an on-site Construction Manager. He indicated the amount of construction management work is greater than previously anticipated and with the acceleration of the project a modified workforce has been put in place. The CM would be required to stay for the duration of the project and the amendment reflects the costs associated with this. A motion was made to authorize the Chief Executive Officer to amend the contract with PB Americas, Inc to add an amount not to exceed $330,391 to task order #3 of the contact for construction management services for the Sunset Avenue grade separation project for a new task order value of not to exceed $6,055,663. M/S/C/King/Wallach/Unanimous |
| IX. | Approval of Amendment to FY 2010 to Task Order for Relocation Services with Del Richardson & Associates
Mr. Richmond explained at the time the FY 2010 budget was prepared the need to increase the level of effort was not anticipated. However, with the increased number of relocations needed to expedite demolition due to safety and nuisance conditions, an amendment to their task order and budget is needed. A motion was made to amend the fiscal year 2010 task order with Del Richardson & Associates to provide an additional level of effort necessary for the Baldwin Avenue grade separation project. The additional costs will not exceed $21,000 resulting in a new FY 2010 task order total of $75,300. M/S/C/Atchley/King/Unanimous |
| X. | Approval of Revised Project Reporting Mr. Richmond reviewed the history of this item and indicted he has met with the COG’s City Manager’s Steering Committee once, and the Finance Directors Group twice to review the format and reporting information. He indicated, based on those meetings he thought the revised reports were adequate for reporting requirements for both the COG and the ACE Boards. A motion was made to approve the ACE Project reporting format. M/S/C/Atchley/Wallach/Unanimous |
| XI. | Financial Statements for Fiscal Year 2009 Mr. Carlos Monroy, Finance Director reviewed the project expenses and net assets for the end of fiscal year 2009. |
| XII. | Closed Session
Counsel reported the Board would adjourn to closed session in accordance with Government Code Section 54965.9(a) to discuss pending litigation Los Angeles Superior Court Case No BS1223376 Edward Rowland LLC and Golden Pacific Realty versus ACE Construction Authority and Caltrans. The Board returned to open session and counsel announced there was no action taken by the Board. |
| XIII. | Adjournment Prior to adjournment Chairman Spohn thanked Ms. Molina for her valuable contributions to the ACE Board as member and as member of the MTA. The meeting was adjourned to a site tour of the Sunset Avenue grade separation project. The meeting was adjourned at 3:43PM. |