Special Meeting Minutes for December 19, 2011
Chairman Spohn welcomed Andre Quintero and called the
meeting to order at 3:04 PM at the City of Industry Council Chambers.
| I. | In attendance were:
Tim Spohn, Industry David Gutierrez, San Gabriel Stephen Atchley, City of Pomona Frank Gomez, Montebello Andre Quintero, El Monte Staff Rick Richmond, Chief Executive Officer Joe Silvey, Legal Counsel Deanna Stanley Cecilia Cardenas Phil Balmeo Genichi Kanow Paul Hubler Guests Bob Archeleta, Pico Rivera Karen Gorman, Metro Art Cervantes, Pico Rivera Natasha DeBenon, Arcadis |
| II. | Pledge of Allegiance
Vice Chair Gutierrez led the pledge of allegiance. |
| III. | Approval of November 28, 2011 Regular Meeting Minutes A motion was made to approve the minutes of the Boa(d of Directors meeting of November 28, 2011. M/S/C/Gutierrez/Atchley |
| IV. | Public Comments
Pico Rivera Mayor Bob Archeleta thanked the Board for including a project at Durfee Road in the recommended list of projects for Phase II. He indicated the City would come up with $2-3 million for the project. Karen Gorman, Metro Acting Inspector General reported the Metro Board passed a motion to review its grantees' staffing, salaries, expenses and policies. The review would cover the Metro Gold Line, Expo Line and ACE to ensure each are good stewards of taxpayer money and that prudent policies are in place. She indicated staff has been very cooperative in this effort. |
| V. | Chairman's Remarks
Chairman Spohn reported he sent a letter to Senator Boxer requesting support including the Freight Act in surface transportation legislation that was passed by the Senate Commerce committee last week. A letter was also sent to Assembly Speaker Perez supporting the reappointment of Daria Frommer to the California Transportation Commission. |
| VI. | Board Member Comments
There were no Board member comments. |
| VII. | Chief Executive Officer's Report
Mr. Richmond reported that the ACE staff was adjusting with the aftermath of activities related to the recent shooting which occurred in the office complex and thanked everyone for their concern. He also updated the Board on TIGER 3 funding applications. He indicated there were 848 applications submitted for TIGER 3 funds and 46 approv~d and though ACE was unsuccessful we would continue to seek TIGER funds and any other funding opportunities. He also reported the federal regulations of the Surface Transportation Act was out of committee and ready to go to the floor. Mr. Richmond indicated staff was making arrangements for annual meetings with legislators and their staff in Washington, DC, and dates would coincide with the National League of Cities and APT A's Legislative Conferences. He asked that members interested in attending contact Deanna Stanley. He also reported that the pre-qualification process was under way for the San Gabriel Trench construction project and there were 16 interested firms who could potentially bid separate or joint venture. He asked that if any members are contacted by potential bidders they should be referred to ACE's Contracts Manager. |
| VIII. | Approval of Amendment to Demolition & Other Construction Related
Contract with Clauss Construction Mr. Richmond reported that Clauss Construction was one of four firms prequalified to bid on demolition work. The demo work at 3305 S. Del Mar was bid lowest by Clauss and work is necessary as part of preconstruction activities for the San Gabriel Trench Project. A motion was made to authorize the Chief Executive Officer to amend the contract with Clauss Construction for demolition and other constructionrelated services to add $50,000 for a new contract value of $266,004. M/S/C/Quintero/Gomez/Unanimous |
| IX. | Approval of Construction Project Retention Withholding Practices Mr. Richmond reported that effective January 1 the State will impose a 5% retention withholding limit on construction contracts unless the project is foynd to be of sufficient size or complexity to warrant a waiver. He indicated ACE currently withholds 10% with that amount placed into an escrow account in the name of the contractor. He indicated the construction contracts for grade separation projects with ACE warrant a waiver due to the size of the contract. A motion was made to authorize implementation of a policy to allow 1 0% retention for grade separation contracts entered into between January 1, 2012 and December 31, 2015. · M/S/C/Gutierrez/Gomez/Unanimous |
| X. | Approval and Adoption of Labor Compliance Program Mr. Richmond reported that the San Gabriel Trench and Nogales Street grade separation projects will rely on state bond funds. He indicated Assembly Bill 436 was enacted to require public agencies undertaking construction projects using state bonds be subject with new labor compliance requirements. He indicated the Authority reviewed the options to comply with the new law and found implementing a State-approved labor compliance program would be the most economical and feasible for the Project. He indicated a summary of the program was in the agenda. After discussion, a motion was made to authorize the Chief Executive Officer to adopt a Labor Compliance Program and authorize submission of the Program to the State of California Department of Industrial Relations for review and approval. M/S/C/Quintero/Atchley/Unanimous |
| XI. | Approval of 2012 Schedule of Meetings Mr. Richmond indicated the regular board meeting schedule was based on the normal practice with the exception of holiday and a scheduling conflict. He indicated the Finance Committee meeting schedule was also included in hopes to get additional Board participation. A motion was made to approve the 2012 meeting schedule. M/S/C/Gutierrez/Atchley/Unanimous |
| XII. | Closed Session Mr. Silvey announced the Board would adjourn to closed session in accordance with Government Code Section 54956.9(a) conference with legal counsel regarding existing litigation: LASC Case No. 457829 ACE vs Newton Treating Company. The Board returned to open session and Mr. Silvey announced the Board approved upon a motion by member Qui~tero, seconded by member Gutierrez, a relocation claim and settlement agreement in the amount of $550,000 to Newton Treating Company. Ayes: Quintero, Gutierrez, Antonovich, Spohn, Atchley, Gomez, Carrillo. Nayes: None |
| XIII. | Adjournment Chairman Spohn wished everyone a happy holiday season. The meeting was adjourned at 3:47PM |