Ernest Gutierrez, Chairman George Hunter, Vice Chairman Dave Spence, La Canada Flintridge, SGVCOG Harry Baldwin, San Gabriel Jeff Siccama, Montebello Jeff Parriott, Industry Paul Eaton, Ex-Official, SANBAG   Staff Rick Richmond, Chief Executive Officer Joe Silvey, Legal Counsel Sharon Neely, staff Lou Cluster, staff Girish Roy, staff Bruce Armistead, staff Deanna Stanley, staff Cynthia Ambrose, staff

Guests Alan Ude, Los Angeles County Department of Public Works Donna Lee, Southern California Edison Hon. Tim Spohn, City of Industry Tom Melendrez, City of Montebello

II. Pledge of Allegiance

Member Baldwin led the pledge of allegiance.

III. Approval of Minutes of October 22, 2007

A motion was made to approve the meeting minutes of October 22, 2007.
M/S/C:Baldwin/Spence/Unanimous

IV. Public Comment

There were no public comments.

V. Chairman’s Report

Chairman Gutierrez welcomed Industry Councilmember Jeff Parriott and Montebello Councilmember Jeff Siccama. Member Parriott introduced newly appointed Industry, Councilmember Tim Spohn.

VI. Chief Executive Officer’s Report

Rick Richmond reported the MTA Board approved $112 million to restore its 17% commitment against the increased costs. He reported that the deadline for proposals for design and engineering services for the San Gabriel Trench project, three submittals were received, interviews were scheduled this week and it is expected a recommendation would be brought to the Board at the December meeting. He reported that as a result of the Authority updating its computers, its surplus computers were available and letters were sent to nine school districts. El Monte City School District. Mr. Richmond reported Carlos Monroy has been hired as Finance Director and will start December 3rd. Mr. Monroy comes from the MTA as accounting manager and has strong background in managing various funding sources. He indicated Menchu Ituralde has been serving as Acting Director of Finance during the recruitment and has performed extremely admirable. Lastly, he announced the resignation of Bruce Armistead who has accepted a job with Parsons, Brinckerhoff. He said Bruce has been instrumental to the project since 1999 and will be missed.

Senior Project Manager Girish Roy reviewed construction progress photos of the Brea Canyon Road and East End Avenue grade separation projects. Senior Project Manager Lou Cluster reviewed construction progress photos of the Ramona Blvd. and Sunset Ave grade separation projects. George Nomura, Program Manager reviewed program management support tasks completed or ongoing over the past month.

Chairman Gutierrez commented on the construction photos. He indicated though the photos depicted the construction well, he suggested producing a documentary with statistics on materials used would better magnify the enormity of the projects. He also suggested staff consider having pieces of materials used available to show.

VII. Approval of Increased Authorization for Construction Contract Change Orders for the Ramona
      Blvd. Grade Separation

Mr. Richmond reviewed the background of the delays experienced on the Ramona Blvd. project. He reported the delays have added 252 days to the project of which the contractor Brutoco Engineering must be compensated. Delays from were from attributable equally to construction and activation of UPRR and Metrolink railroad shoofly and Pacific Bell/SBC/AT&T utility relocations. He indicated the prime contractor extended overhead costs and subcontractor change and escalation due to the delay totals $1.4 million. Because of the extension of the construction of the project the prime contractor is needed extend its overhead costs, subcontractor change and escalation.

A motion was made to increase the Chief Executive Officer’s change order authorization in the amount of $1,436,955 to accommodate compensation to the contractor for delays as outlined in the agenda.
M/S/C:Baldwin/Siccama/Unanimous

VIII. Approval of Design Services Contract Amendment with DMJM for the Ramona Blvd. Grade Separation

Mr. Richmond indicated the delays discussed earlier apply to this request. He indicated the services of the designer, DMJM were necessary during construction to review and responds to questions that may arise throughout the remainder of construction and the punchlist/closeout phase of the project.

A motion was made to authorize the Chief Executive officer to amend the contract with DMJM+Harris to add $28,260 for design services during construction of the Ramona Blvd. grade separation, for a new contract value of $3,266,322 and extend the completion date of the contract through April 2008.
M/S/C:Hunter/Parriott/Unanimous

IX. Approval and Acceptance of Close out of Nogales Street Grade Separation Project

Mr. Richmond summarized the project and reminded the board that the completed Nogales Street grade separation opened to traffic in August 2005 and all work was completed in February 2006. He reminded the Board that there were bridge claims resulting in litigation which settled in October 2007. He reported the project assets were transferred to the Cities of Industry and West Covina, Union Pacific Railroad, LA County Department of Public Works, LA County Sanitation District and other utilities. He reported that the excess property was sold to CGM Development and construction is underway for medical office suites. He reported that the final contract value of the project is $17,197,181 and the final DBE participation was 6%.

Chairman Gutierrez asked if there was follow up from the community after completion of the projects. He indicated a curiosity of the level of satisfaction of the completed project to those who travel along the project. Mr. Richmond indicated staff would provide a response at the next meeting.

A motion was made that the Board accept the Nogales Street grade separation project as being completed in conformance with the project plans and specifications, with final closeout of the construction contract with Brutoco Engineering & Construction.
M/S/C: Parriott/Baldwin/Unanimous

X. Approval of Prop IB Trade Corridor Improvement Fund Grant Application

Mr. Richmond indicated staff has been involved in regular meetings with other Southern California transportation agencies to develop consensus regarding basic principles of the Prop IB TCIF program. While staff anticipated guidelines to have been adopted by now, staff continues to be optimistic for funding opportunities. He indicated it was anticipated the CTC would act on guidelines at their meeting December 12-13 in Sacramento. He indicated while meetings regarding guidelines continue and time is of the essence, one of the administrative criteria is Board approval for submission of a grant application.

A motion was made to authorize the Chief Executive Officer to take necessary administrative steps to file a Prop 1B TCIF grant application in accordance with guidelines still under development by the CTC.
M/S/C:Hunter/Baldwin/Unanimous

XI. Closed Session

Joe Silvey, ACE Legal Counsel announced the Board would adjourn to closed session pursuant to Government Code Section 54956.9(a) to discuss existing litigation – ACE Construction Authority versus CIP Brea Canyon LLC Case No. BC338893 and in accordance with Government Code Section 54956.9(c) conference with legal counsel anticipated litigation, one case.

The Board returned from closed session and ACE Legal Counsel, Joe Silvey announced the Board approved acquisition of property rights from CIP Brea Canyon, LLC necessary for the Brea Canyon Road grade separation in an amount not to exceed $645,000. M/S/C:Baldwin/Parriott/Unanimous

Mr. Silvey announced there was no other action taken which needed to be reported.

XII.  Adjournment

The meeting was adjourned at 3:02PM.