Meeting Minutes for June 22, 2009
Chairman Spohn called the meeting of the Board of Directors of the Alameda Corridor-
East Construction Authority to order at 2:04PM.
| I. | In attendance were:
Tim Spohn David Spence Patricia Wallach Rosemarie Vasquez Gloria Molina Staff Rick Richmond, Chief Executive Officer Joe Silvey, Legal Counsel Deanna Stanley Cynthia Ambrose Charles Tsang Carlos Monroy Victoria Butler Menchu Ituralde Lou Cluster Regina Talamantez Guests Gary Neely, Senator Bob Huff's ofice Bruce Russell, Jacobs Engineering Roosevelt Joshua, Safety Environmental Consulting Al Contreras, SCE Hank Alonzo, Jacobs Engineering |
| II. | Pledge of Allegiance
Vice Chair Rosemarie Vasquez led the pledge of allegiance. |
| III. | Approval of Minutes of May 11,2009
A motion was made to approve the minutes of March 23, 2009. Vasquez/Atchley/Unanimous. |
| IV. | Public comment
There were no public comments. |
| V. | Chairman's Report
Chairman Spohn congratulated Rick Richmond for receiving the ACEC's Engineering Achievement Award at their annual banquet. Chairman Spohn reminded the Board that the performance review of Rick Richmond will be discussed at the July 27 Board meeting. He also advised the Board that the next scheduled Finance Committee meeting would be Wednesday, July 22"d at 11AM. |
| VI. | CEO's Report
Mr. Richmond reported he was invited by Congress members Napolitano and Schiff to meet with Chairman Oberstar, Transportation and Infrastructure Committee. Mr. Richmond indicated it was quite a unique opportunity that the Chairman would entertain a meeting during such a busy time in the midst of the surface transportation authorization bill, He was able to brief the Chairman on the status of the Project. He indicated both members of Congress continue to be valuable supporters of the ACE Project. Mr. Richmond also reviewed the contract tasks orders authorized for demolition services for the Baldwin Avenue grade separation project. Mr. Charles Tsang reviewed construction progress photos of the Temple Avenue project. Ms. Victoria Butler reviewed construction progress photos of the Sunset Avenue grade separation project. |
| VII. | Approval to Solicit Property Acquisition and Relocation Services Mr. Richmond reminded the Board that the contracts for property acquisition and relocation services were competitively bid at the beginning of the project and the term was for the life of the project. However in the spirit of providing opportunities for other contractors along with the upcoming increase in property acquisition activity staff sees it necessary bringing on board an additional contractor(s). The new firm would be assigned the Nogales Street project and after 2-3 years staff will assess the demand and assignments. A motion was made to approve staff to solicit proposals for property acquisition and relocation services to supplement existing resources. M/S/C/Vasquez/Wallach /Unanimous |
| VIII. | Approval of Eminent Domain Leaal Services Assianment to Demetriou,
Del Guercio, Springer & Francis
Mr. Richmond reminded the Board at the last meeting the Board awarded two legal services contracts including eminent domain. Prior to that action, the firm Demetriou, Del Guercio, Springer & Francis was assigned a case (Jast) which remains unresolved and is part of the Phase I program. He indicated the firm was a sub under the Burke, Williams & Sorensen contract. The Jast matter relates to property at Baldwin Avenue and staff requires services to resolve another (Altech) matter related to an easement for the Temple project. He indicated staff recommended maintaining Demetriou, Del Guercio, Springer and Francis to complete these final assignments and reassigning this contract from BWS to ACE. A motion was made to (1) assign the Temple Avenue assignment (Altech) and (2) add $70,000 to complete (Jast) existing assignment for a total contract value of $873,000 and (2) re-assign the contract from Burke, Williams & Sorensen to ACE. M/S/C/Vasquez/Spence/Unanimous |
| IX. | Approval of Ongoing Support Services and Task Orders
Mr. Richmond reminded the Board that support services tasks and budgets are approved annually and several contractors were previously held under the program management contract. He reviewed each contractor, their task and contract amendment as outlined on the agenda. A motion was made to amend or issue annual task orders for the following contracts for continuing support services for fiscal year 2010: - Prince Global Solutions for $206,000 - Capital Representation Group for $55,000 - Padilla & Associates for $241,579 - First Southwest for $15,000 - BICEP for $65,000 - CLMC Inc. for $72,000 - Paragon Partners for $1,800,487 - Del Richardson & Associates for $54,300 - J L Patterson & Associates for $70,629 - Wagner Engineering & Survey for $89,700 - Terry A Hayes Associates for $480,732 - MWH Americas Inc. for $155,758 - Lang/Pan/Chan Public Relations for $75,081 - Lee Andrews Group for $680,333 |
| X. | Approval of Suspension of Intelligent Rail Roadway Interface System Project
Mr. Richmond reviewed the overall concept of the IRRIS project. He indicated Pomona was the chosen test site because of the grid layout of the downtown area. He reviewed the three elements of the project: (1)traffic subsystem which included new software, new signal equipment, vehicle detectors, changeable message signs within a 112-square block area and railroad subsystem; (2) train detection and communications systems and (3) traffic control center which receives train detection data and controls traffic subsystem. He reviewed the chronology of the program indicating the pilot installation was done at three locations in 2003 which were successful. However upon full installation in 2005/06 the system was unable to perform according to specifications. In 2007 the system was re-evaluated and Mr. Richmond indicated due to remaining uncertainties including costs and prospects for long term success he was recommending suspension of the project. The Board raised questions regarding the total cost of the project. Mr. Richmond reported the traffic signals and signs which are functioning and a benefit to the City of Pomona, were $3.5 million, and the balance of $2.9 million was for train detection and communications. He indicated there may be some interest in the equipment such as message signs. Ms. Molina asked which firm was the engineer of the pilot program, if it was proven technology and what assurances did ACE have for its success. Mr. Richmond replied, Korve Engineering marketed this concept and to his knowledge the technology has yet to be proven successful. He indicated federal mandate has initiated a positive train control system being developed which would monitor train location and speed using GPS technology which could potentially revive this system at some point in the future. A motion was made to suspend the development of the IRRIS, transfer the traffic control components to the City of Pomona, and monitor future train control technology to consider its usefulness in achieving the original objectives of the IRRIS Program. M/S/C/Spence/Molina/Unanimous |
| XI. | Approval of Brea Canyon Road Construction Contract Close out
Mr. Richmond reviewed the close out information for the Brea Canyon Road grade separation project. He indicated the construction contractor was Griffith Company. Construction began in July 2006 and the street opened in October 2008. He reported there were 1459 jobs created with a DBE goal of 11% and achieved 11.35%. He reported the original contract value was $39,985,807 and the final contract value experienced a 9.77% change or final value at $43,963,512. He reminded the Board that approval would initiate close out procedures which included releasing final retention in the amount of $2,193,176 to Griffith Company. A motion was made to (1) Accept the Brea Canyon Road grade separation project as being completed in conformance with the project plans and specifications, with final closeout of the construction contract; (2) Approve the final retention payment of $2,193,176 to Griffith Company upon completion of statutory period identified in the California Civil Code, if no claims or objectives have been filed, and upon concurrence of the CEO; and (3) authorize the Contracts Manager to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed and upon concurrence of the CEO. M/S/C/Wallach/Vasquez /Unanimous |
| XII. | Approval of Annual Anticipated DBE Participation Level
Mr. Richmond reminded the Board that the Authority is required to adopt a DBE participation goal which is established by Caltrans. He reminded the Board that Caltrans has established a group tasked to provide guidance on analyzing DBE data to help Caltrans identify an appropriate FY 2010 overall goal and the group will consider the race-conscious component of the overall DBE goal. He indicated Caltrans will distribute its final Overall Annual DBE Goal and Methodology for public comment. A motion was made to adopt the Annual Anticipated DBE Participation Level of 15% for Federal Fiscal Year 2010. M/S/C/Vasquez/Molina/Unanimous |
| XIII. | Review of Professional Services Contract Audit Program
Mr. Richmond indicated this was an information item. He reviewed the history of the audit program and schedule of remaining audits to be completed. He indicated he was confident the auditors would become current in accordance to the schedule provided. |
| XIV. | Review of Candidate ACE Actions for SGVCOG Approval
Mr. Richmond indicated this item was also for the Board’s information and is provided at the request of the Board. He referred to the joint powers agreement in the agenda and indicated its intention was to sufficiently empower the Authority to move the project forward while still not allowing us to amend the scope of the project without the COG’s approval. Member Spence requested clarification of the liability of the COG’s member cities with regards to the commercial paper. Mr. Silvey acknowledged the COG as an entity was responsible for the commercial paper and Mr. Richmond indicated the commercial paper provided a source of income and that ACE has not obligated any monies to any project for which it has not received adequate funding commitments. |
| XV. | Adjournment
The meeting was adjourned at 3:32PM |