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ARCHIVE MODE

Regular Board Meeting Agenda*

Location & Date

Metro Board Room, One Gateway Plaza, 3rd Floor, Los Angeles
Thursday, January 27, 2011 9:00 a.m.

Agenda

Call to Order

Directors

Don Knabe, Chair*
Antonio Villaraigosa, 1st Vice Chair
Michael Antonovich, 2nd Vice Chair
Diane DuBois
John Fasana
José Huizar
Richard Katz
Gloria Molina
Ara J. Najarian
Pam O'Connor
Mark Ridley-Thomas
Zev Yaroslavsky
Vacant, non-voting member

Officers

Arthur T. Leahy, Chief Executive Officer*
Michele Jackson, Board Secretary
Karen Gorman, Ethics Officer
Karen Gorman, Acting Inspector General County Counsel, General Counsel

*Possibly participating via teleconference from the following location: Thompson Coburn, LLP 1909 K Street, NW, Suite 600,Washington, DC 20006

Pledge of Allegiance

Reading of the Agenda

  1. Presentations/Set Matters

    S-1. Chair’s Report

    S-2. Chief Executive Officer’s Report
    • Recognition of Howard Sachar, Citizens Advisory Committee Person of the Year

  2. BOARD OF DIRECTORS 1 through 3
    1. APPROVE Minutes of the December 9, 2010 Regular Meeting.
    2. RECEIVE oral report on FTA’s preliminary engineering approval notices for the Westside Extension and Regional Connector.
    3. RECEIVE AND FILE the Follow-Up Audit of Non-Competitive Procurements (11-ADM-O01).

  3. CONSENT CALENDAR ITEMS 4 through 20

All matters are approved by one motion unless held by a Director for discussion and/or separate action.

**Item 16 requires a 2/3 vote.

AD HOC CONGESTION PRICING COMMITTEE

  1. AD HOC CONGESTION PRICING COMMITTEE RECOMMENDED (3-0):
    1. approving Contract Modification Authority to Contract No. C0958, El Monte Busway and Transit Center, with KPRS, Inc. for an amount not to exceed $6,000,000;
    2. authorizing the Chief Executive Officer to negotiate and execute contract modifications to Contract No. C0958 to provide for evacuation, transportation and disposal of discovered contaminated soils at El Monte Station for an amount not to exceed $6,000,000, allowing an increase to the total contract value from $39,001,070 to $45,001,070; and
    3. authorizing staff to enter into discussions with Caltrans for any potential cost recovery for Metro as it relates to the contaminated soils discovered beneath the Caltrans properties.
  2. AD HOC CONGESTION PRICING COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to exercise Options #1 and #2 to Contract No. PS092210233 with Atkinson Contractors, LP to install additional signage allowing Express Lane users access to and from the I-105 via the HOV direct connector ramps and to install additional signage required by the 2009 Manual on Uniform Traffic Control Devices in the amount of $4,250,000 increasing the total contract amount from $72,365,702 to $76,615,702. This action does not increase the Life of Project budget.

EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE

    1. EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (4-0) supporting a set of principles that would reenact the sales tax-gas tax swap package enacted in 2010.
    2. EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to negotiate salaries within the pay range for the following budgeted positions:
      1. Executive Officer, Project Support, pay grade AA ($134,378 - $167,972 - $201,567)
      2. Executive Officer, Countywide Planning and Development, pay grade AA ($134,378 - $167,972 - $201,567)
      3. Executive Director, Project Management Oversight, pay grade BB ($142,641 - $178,301 - $ 213,962)
      4. Chief Administrative Services Officer, pay grade BB ($142,641 - $178,301 - $213,962)
    3. EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (4-0) approving expenditure of $200,000 to prepare an update to the Disparity Study to include procurements completed during the fiscal years 2008 through 2010.

FINANCE AND BUDGET COMMITTEE

    1. FINANCE AND BUDGET COMMITTEE RECOMMENDED (3-0):
      1. adopting the updated Investment Policy;
      2. approving the Financial Institutions Resolution authorizing financial institutions to honor signatures of LACMTA Officials; and
      3. delegating to the Treasurer or his/her designees, the authority to invest funds for a one-year period, pursuant to California Government Code Section 53607.
    2. FINANCE AND BUDGET COMMITTEE RECOMMENDED (3-0) approving the updated Compressed Natural Gas (CNG) Hedging Program.

MEASURE R PROJECT DELIVERY COMMITTEE & PLANNING AND PROGRAMMING COMMITTEE

    1. MEASURE R PROJECT DELIVERY COMMITTEE RECOMMENDED (4-0) AND PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED
      (4-0):
      1. approving screening the Freight Track alternative from further consideration in the South Bay Metro Green Line Extension Draft Environmental Impact Statement/Report (Draft EIS/R); and
      2. receiving and filing status report on Outreach efforts.

OPERATIONS COMMITTEE

    1. OPERATIONS COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to award a 36-month, indefinite delivery/indefinite quantity, firm fixed price contract under Bid Number 10-0042 to New Flyer Industries Canada ULC, the lowest responsive and responsible bidder for bus brake rotors and disc pads for an amount not to exceed $1,027,886, inclusive of sales tax and two one-year options.
    2. OPERATIONS COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to award a 36-month, indefinite delivery/indefinite quantity, firm fixed price contract under Bid Number 10-0036 to the following lowest responsive and responsible bidders for alternators for an amount not to exceed $4,408,412, inclusive of sales tax and two one-year options.
      1. H & H Auto Parts Wholesale for line item one for a contract value of $254,533, inclusive of sales tax;
      2. Kirk’s Automotive, Inc. for line items two and three for a contract value of $3,442,704, inclusive of sales tax; and
      3. Romaine Electric for line item four for a contract value of $711,175, inclusive of sales tax.
    3. OPERATIONS COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to award a 36-month, indefinite delivery/indefinite quantity, firm fixed price contract under Bid Number 11-0014 to The Jankovich Company, the lowest responsive and responsible bidder for CNG engine oil for an amount not to exceed $3,748,976, inclusive of sales tax and two one-year options.
    4. OPERATIONS COMMITTEE RECOMMENDED (3-0-1) authorizing the Chief Executive Officer to:
      1. make appropriate amendments to the FY2011 and FY2012 budgets to increase the operating budget by up to $300,000 if outside funding is obtained for Dodger Stadium Express service during the 2011 baseball season (April – October 2011); and
      2. amend future fiscal year budgets if grant monies are received.
    5. OPERATIONS COMMITTEE RECOMMENDED (4-0):
      1. finding that there is only a single source of procurement for the Uninterruptible Power Supply (“UPS”) and Battery Backup System and purchase is for the sole purpose of replacing the UPS already in use. The Board hereby authorizes the purchase of an Uninterruptible Power Supply and Battery Backup System pursuant to Public Utilities Code Section 130237; and
      2. authorizing the Chief Executive Officer to award a firm fixed price Contract No. PS119240001 to Total Concept Sales to procure the Uninterruptible Power Supply and Battery Backup System in the amount of $624,176.17, effective March 1, 2011.

        (REQUIRES 2/3 VOTE OF THE BOARD)

    6. OPERATIONS COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to execute Modification No. 2 to Contract No. PS07643032 with McAllister Office Pavilion, to increase the authorized contract amount authority for space planning/installation services and systems office furniture for an amount not to exceed $340,000.  This would increase the not-to-exceed contract amount from $1,800,000 to $2,140,000.
    7. OPERATIONS COMMITTEE RECOMMENDED (3-0) approving the following nominees for membership on the South Bay Governance Council:
      1. John Addleman: Re-appointment, nominated by South Bay Cities Council of Governments. Term ending: December 31, 2013
      2. Jim Goodhart, Re-appointment, nominated by South Bay Cities Council of Governments. Term ending: December 31, 2013
      3. Robert Pullen-Miles, Re-appointment, nominated by South Bay Cities Council of Governments. Term ending: December 31, 2013
      4. Roye Love, New appointment, nominated by South Bay Cities Council of Governments. Term ending: December 31, 2013

PLANNING AND PROGRAMMING COMMITTEE

    1. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-0-1) authorizing the Chief Executive Officer to establish a qualified list of candidates for Joint Development Bench contracts resulting from the Request for Interest and Qualifications for a three-year period beginning on February 1, 2011 with two one-year extensions for professional services not to exceed a cumulative value of $2,000,000.
    2. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-0) finding that all 88 cities and the County of Los Angeles are in conformance with the Congestion Management Program (CMP) for Los Angeles County.

  1. DISCUSSION ITEMS 21 THROUGH 27
    1. CONSTRUCTION COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION AND MEASURE R PROJECT DELIVERY
      COMMITTEE RECOMMENDED (3-0):
      1. approving a unified process and policy for the management and minimization of project costs of the Measure R transit projects, including a requirement for the prompt development and consideration of lower-cost project alternatives that address the cost-control policy actions of the Board of Directors to date, including, but not limited to, all of those listed in Attachment A of the Board report;
      2. approving that for Measure R funds, such unified process and policy shall include a requirement where Measure R funding (including any prior Measure R expenditures) shall not exceed the amount shown in the “New Sales Tax Total” column of the Measure R expenditure plan;
      3. directing the CEO to meet with City and County staff to review how the Project Advisory Committees (PACs) functioned for both entities, and report back within 60 days with a plan to implement PACs for all 12 Measure R transit projects; and
      4. receiving and filing this response, shown in Attachment B of the Board report, to the Antonovich/Najarian motion from July 2010 that stated, in part, that the CEO should present:
        “A comprehensive, integrated, “cradle-to-grave” strategy for using the funding marks contained in the proposed FY 2011 budget to implement MTA’s Long Range Transportation Plan (LRTP) projects on both the LRTP schedule and the potential 30/10 schedule.”
    2. FINANCE AND BUDGET COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION DUE TO CONFLICTS AND ABSENCES authorizing the Chief Executive Officer to award a nine-year, fixed fee Contract No. PS-5310-2583 to Wells Fargo Insurance Services USA, Inc. for insurance brokerage services in an amount of $2,654,100, inclusive of three two-year options, effective February 1, 2011.
    3. AUTHORIZE the Chief Executive Officer to award a five-year firm fixed unit rate Contract No. OP85102554 to Mitsubishi Electric & Electronics USA, Inc. for Metro transit facilities elevator and escalator maintenance and repair services for an amount not to exceed $44,377,356, inclusive of two one-year options, effective March 1, 2011. (Supplemental Information)
    4. AUTHORIZE staff to issue changes to RFP 3010 Terms and Conditions, Evaluation Criteria and Proposal Submittal Requirements. This action will create two parallel paths within the existing RFP to allow Proposers the option to simultaneously submit a proposal within the current RFP requirements and one that closely follows known FTA regulations and guidelines for a federally funded solicitation for Light Rail Vehicles.
    5. Approve the changes proposed by the Planning and Programming Committee in July to this Receive and File status report on the acceleration of schedules and project costs for the 2009 Long Range Transportation Plan (LRTP) incorporating the 30/10 Initiative.
    6. DIRECT the Chief Executive Officer not to exercise a six month option to extend the federal advocacy services contract currently provided by Manatt, Phelps & Phillips at a monthly rate of $51,500.
    7. APPROVE the following nominee for membership on the Gateway Cities Governance Council:

    Richard Burnett - New appointment to fill unexpired position held by Harley Rubenstein. Nominated by Gateway Cities Council of Governments.
    Term Ending: June 30, 2012

  2. MISCELLANEOUS
    1. Additions to the agenda which were posted more than 72 hours in advance of the meeting, as indicated on the supplemental agenda.
    2. Consideration of items not on the posted agenda, including: items to be presented and (if requested) referred to staff; items to be placed on the agenda for action at a future meeting of the Committee or Board; and/or items requiring immediate action because of an emergency situation or where the need to take immediate action came to the attention of the Committee subsequent to the posting of the agenda.
    3. Opportunity for members of the public to address the Board on items of interest that are within the subject matter jurisdiction of the Board.

  3. CLOSED SESSION

CS-1. Personnel Matters – G.C. 54957:

Public Employee Appointment

  • Consider appointment of Inspector General

CS-2. Conference with Legal Counsel - Pending Litigation - G.C. 54956.9(a):

Cathy Gaddy v. LACMTA, Case No. CV09-02343-SVW (VBKx) and related cases

CS-3. Conference with Labor Negotiator - G.C. 54957.6:

Agency Representative:  Richard Hunt and designated staff Employee Organizations:  ATU, UTU, TCU, Teamsters

CS-4. Conference with Legal Counsel - Anticipated Litigation - G.C. 54956.9(b):

Significant Exposure to Litigation (one case)

 

ADJOURNMENT

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