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Regular Board Meeting Agenda*

Location & Date

Metro Board Room, One Gateway Plaza, 3rd Floor, Los Angeles
Thursday, December 5, 2013 9:30 a.m.

Agenda

Call to Order
Directors

Diane DuBois, Chair
Eric Garcetti, 1st Vice Chair
Mark Ridley-Thomas, 2nd Vice Chair
Michael Antonovich
Mike Bonin
Jacquelyn Dupont-Walker
John Fasana
Don Knabe
Paul Krekorian
Gloria Molina
Ara J. Najarian
Pam O'Connor
Zev Yaroslavsky
Carrie Bowen, 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

SUMMARY OF AGENDA ITEMS
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY

REGULAR BOARD MEETING
THURSDAY, DECEMBER 5, 2013

 

CONSENT CALENDAR ITEMS

 

NON-CONSENT ITEMS

 

CLOSED SESSION

2

3

75

14

4

 

15

5

 

21

7

 

23

13

 

32

18

 

33

24

 

34

36

 

35

53

 

37

54

 

38

55

 

43

60

 

44

68

 

45

69

 

46

70

 

56

71

 

57

72

 

58

73**

 

65

74

 

67

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

** REQUIRES 2/3 VOTE

1. APPROVE Consent Calendar Items: 2,14,15, 21, 23, 32, 33, 34, 35, 37, 38, 43, 44, 45, 46, 56, 57, 58, 65 and 67

Consent Calendar items are approved by one motion unless held by a Director for discussion and/or separate action.

CONSENT CALENDAR

2. APPROVE Minutes of the Regular Board Meeting held October 24, 2013 and Special Closed Session Board Meeting held November 6, 2013. 

14. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to execute a lease amendment with Camille's Inc., dba Denny's Restaurant, to extend the term of the lease for five years, with an option for an additional five years, commencing February 1, 2014 and to reduce the monthly rental amount from $18,000 to $16,200 effective February 1, 2014.

15. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (3-0)
authorizing the Chief Executive Officer to execute the Exposition Light Rail Transit Project Phase 2 Measure R 3% Local Match Financial Contribution Agreement to facilitate payment by the City of Los Angeles of its $28,834,740 local share of the Exposition Transit Project Phase 2 costs.

21. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED
(5-0) awarding a Labor-Hour, Task Order Contract No. PS4730-3070 with CH2M Hill, Inc. for a three-year period with two one-year options for Los Angeles County on-call project management and quality assurance/control support services for an amount not to exceed $10 million.

23. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED
(5-0) adopting the policy which provides direction for considering requests from local jurisdictions, third parties, and other stakeholders for supplemental modifications to transit corridor projects at various stages in the project development process.

32. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (4-0) awarding a firm fixed price contract under Bid No. 13-0028 to Transtechnik Corporation, USA, the lowest responsive and responsible bidder for Auxiliary Inverters for an amount not to exceed $2,981,400.

33. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (4-0) awarding a 36-month, firm fixed price contract under Bid No. 13-0043 to Globe Electric Company, Inc., the lowest responsive and responsible bidder for Tire Kits for an amount not to exceed $1,296,210.

34. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (4-0) awarding a 48-month firm fixed price unit rate contract under Bid No. 13-0009 with Swiger Coil Systems, the lowest responsive and responsible bidder, for the overhaul of 155 Breda A650 heavy rail vehicle direct current traction motors for an amount not to exceed $1,036,590.

35. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (4-0) considering:

A. awarding a firm fixed price contract, No. OP39603035, to ARINC Inc. (ARINC) to replace the existing Metro Red Line Supervisory Control and Data Acquisition system in an amount not to exceed $6,178,383, inclusive of sales tax; and

B. authorizing the Chief Executive Officer to purchase $15,000,000 supplemental project insurance for 10 years after contract award, in excess of ARINC limited liability, in an amount not to exceed $862,500, inclusive of premium and fees.

37. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (4-0) awarding a firm fixed price and firm fixed labor rate contract for Consulting Services for the Heavy Rail Vehicle Acquisition under RFP No. OP30433100 with STV/Parsons Brinckerhoff, a Joint Venture, in an amount not to exceed $1,644,934, 28 months from Notice to Proceed.

38. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (4-0) awarding and executing a firm fixed price Contract No. PS68103079 for a period of eight years inclusive of two two-year options to Xerox State and Local Solutions to provide Red Light Photo Enforcement (RLPE) installation and maintenance services in support of Metro's RLPE Program for a firm fixed price of $22,532,786.

43. CONSTRUCTION COMMITTEE RECOMMENDED (5-0):

A. approving the Memorandum of Understanding (MOU) with Los Angeles World Airports (LAWA) to undertake a parallel design and to subsequently fund the construction of modifications to, and in the immediate vicinity of, the Crenshaw/LAX Aviation/Century Station to accommodate elements of LAWA's Specific Plan Amendment Study;

B. authorizing the Chief Executive Officer (CEO) to negotiate and execute contract modification(s) to Contract C0988 with Walsh/Shea Corridor Constructors, for the parallel design of modifications to, and in the vicinity of, the Aviation/Century Station in an amount not to exceed $1,034,678, increasing the total contract value from $1,272,632,356 to $1,273,667,034.

C. authorizing the CEO to negotiate and execute a contract modification to Contract C0988 with Walsh/Shea Corridor Constructors, for the construction of agreed modifications to, and in the vicinity of the Aviation/Century Station, subject to the terms of the MOU, in an amount not to exceed $1,666,444, increasing the total contract value from $1,273,667,034 to $1,275,333,478; and

D. approving an increase in Contract Modification Authority (CMA) for Contract No. C0988 in the amount of $436,757 increasing the total CMA from $127,263,236 to $127,699,993.

44. CONSTRUCTION COMMITTEE RECOMMENDED (5-0) authorizing the Chief Executive Officer to execute multiple change orders to Contract No. C0882 with Kiewit Infrastructure West Company, for settlement of Claim No. 60 for design and Claim No. 68 for construction of additional ramp capacities to meet year 2031 traffic volumes, in an amount not to exceed $3,985,938, increasing the total contract value from $885,092,213 to $889,078,151. Requested funds are within the Life-of-Project budget.

45. CONSTRUCTION COMMITTEE RECOMMENDED (4-0) authorizing the:

A. leasing of office space for construction field office to support the construction of the Westside Purple Line Extension (Section 1) Project; and

B. Chief Executive Officer (CEO) to execute a ten (10) year lease agreement, including up to two (2) one (1) year options, with DSG Wilshire, LLC for the rental of office space and associated parking in an office building located at 5055 Wilshire Blvd, Los Angeles, CA commencing March 1, 2014 at an estimated rental cost of $4.4 million (rounded) over the initial 10 year term.

46. CONSTRUCTION COMMITTEE RECOMMENDED (4-0) awarding and executing a firm fixed price Contract under Bid No. C0992 with Rocla Concrete Tie, Inc., the single responsive and responsible bidder for the procurement of 19,936 concrete ties and assembly items to support the Crenshaw/LAX Transit Project for a firm-fixed price of $2,161,297.

56. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (5-0) authorizing the Chief Executive Officer to execute Contract Modification No. 11 to Contract No. OP30101812 with Agreement Dynamics, Inc., to provide interest-based problem solving training and other consulting services in an amount not to exceed $225,000 through October 1, 2014, increasing the total contract value from $1,027,944 to $1,252,944.

57. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (5-0) revising the Advertising Content Guidelines contained in the Board-approved Metro System Advertising policy (COM 6) to prohibit advertising content that is adverse to Metro's commercial and administrative interests, and to clarify restrictions regarding vulgarity.

58. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (5-0) authorizing the Chief Executive Officer to award two, 36-month, indefinite delivery/indefinite quantity, firm fixed unit price contracts (Contract Nos. PS30203072A & B), effective January 1, 2014 to Gemalto Inc., and Giesecke & Devrient America, Inc. to supply regional TAP cards for LACMTA and Municipal Operators for an amount not to exceed $16,200,000 inclusive of sales tax and two, one-year options for each contract. Requested funding includes anticipated expansion of the TAP program and the potential addition of up to sixteen municipal operators bringing the total TAP participants to twenty-four.

65. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (5-0) authorizing the Chief Executive Officer to amend the FY14 budget to add 18 Full Time Employees (FTEs) and $600,000 in order to execute Phase 2 of transitioning the TAP Service Center functions from Xerox State and Local Solutions (formerly Affiliated Computer Services [ACS]) in-house to Metro.

67. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED
(5-0) approving Motion by Directors Yaroslavsky, Antonovich and Krekorian that the Board direct the CEO to:

A. have staff investigate the concerns raised by the Winnetka Neighborhood Council and to work with the City of Los Angeles to mitigate the problems associated with the lack of bathroom facilities at Pierce College Station.

B. report back on these findings at the January Board meeting and present an implementation plan for installing portable bathrooms if these problems cannot be thoroughly mitigated.

C. assess the potential need for bathrooms at our subway, light rail and bus rapid transit line stations and report back to the System Safety and Operations Committee in 90 days.

END OF CONSENT CALENDAR

NON-CONSENT

3. Chair's Report.

4. Chief Executive Officer's Report.

5. RECEIVE oral report on Long-Term Outlook.

70. CONSIDER:

A. awarding 63 Contract Agreements as outlined in 1 through 5 below, under the Countywide Planning Bench (RFIQ) No. PS4010-3041 with the contractors recommended for a three-year period with two one-year options for professional services not to exceed a cumulative total value of $30 million;

1. Environmental Engineering (Discipline 3), Landscape Architecture (Discipline 8), Database Technical Services (Discipline 14) and Geographic Information Systems (Discipline 16);

2. Environmental Planning (Discipline 2 and Urban Design (Discipline 7);

3. Engineering Design (Discipline 5), Environmental Graphic Design (Discipline 9), Economic Analysis (Discipline 10),
Financial Analysis (Discipline 11), and Community Outreach and Public Education (Discipline 17);

4. Transportation Planning (Discipline 1), Architecture (Discipline 6), and Land Use and Regulatory Planning (Discipline 12); and

5. Traffic/Transportation Engineering (Discipline 4), Sustainability/Active Transportation (Discipline 13), Demand Modeling (Discipline 15); and

B. authorizing the Chief Executive Officer to execute individual task orders under the individual Bench Contracts for up to $1,000,000 per task order.

(CARRIED OVER FROM OCTOBER BOARD MEETING)

71. CONSIDER:

A. awarding 25 contracts as outlined in 1 through 4 below, for the Highway Programs Planning and Deliverables Bench RFIQ PS4730-3053 with the contractors recommended for a three year base period with two, one-year options beginning November 1, 2013 for professional services not to exceed a cumulative value of $10 million; and

1. General Planning (Discipline 1), and Design Planning (Discipline 2);

2. Environmental Planning (Discipline 3), and Public Outreach (Discipline 4);

3. Program/Project/Construction Management (Discipline 5); and

4. Right of Way/Survey Services (Discipline 6); and

B. authorizing the Chief Executive Officer to execute individual task orders under the individual Bench Contracts for up to $1,000,000 per task order.

(CARRIED OVER FROM OCTOBER BOARD MEETING)

72. CONSIDER:

A. awarding 18 Contract Agreements under the Public-Private Partnerships (P3) Technical Bench (RFIQ) No. PS2210-3049 with the Contractors recommended for a three-year period with two one-year options for professional services not to exceed a cumulative total value of $30 million; and

B. authorizing the Chief Executive Officer to execute individual task orders under the individual Bench Contracts for up to $1 million per task order.

(CARRIED OVER FROM OCTOBER BOARD MEETING)

7. AD-HOC SUSTAINABILITY COMMITTEE RECOMMENDED (5-0) as amended approval of Motion by Directors Fasana, O'Connor and Bonin that the Metro Board directs the CEO to report back in February 2014 with the following:

A. identification of two stations for each line which would benefit from implementation of First/Last improvements based on recommendations outlined in Metro's First/Last Mile Study.

B. identification of funding to implement the improvements including working with jurisdictions to utilize and/or supplement existing Call funding without impact to other transit lines.

C. coordination and further development of design concepts to prototype a seamless regional First/Last Mile vision for potential
implementation at other transit line stations including Crenshaw, Regional Connector and the Westside Subway.

O'CONNOR AND DUBOIS AMENDMENT:

A. include jurisdictions with rail lines already authorized for construction or presently in operation; and

B. allow "sub-regional funding" to be an eligible local source of funding for projects that are eligible under sub-regional fund guidelines and meet the first/last mile funding eligibility criteria.

13. FINANCE, BUDGET AND AUDIT COMMITTEE FORWARDED WITHOUT RECOMMENDATION adopting a resolution authorizing the Chief Executive Officer and other Authorized Officers to negotiate and execute the loan agreement and related documents between LACMTA and the U.S. Department of Transportation related to a $160 million Transportation Infrastructure Finance and Innovation Act loan for the Regional Connector Transit Corridor Project.

(REQUIRES SEPARATE, SIMPLE MAJORITY BOARD VOTE)

18. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (4-0) approving Motion by Directors Yaroslavsky and Krekorian that staff evaluate options for increased fare collections along the Orange Line and report back before the Board in 90 days, and that all alternatives be studied including but not limited to: gating, installation of fare boxes, validators, increased signage; and
FURTHER that staff report back to the Board at the January meeting on estimated fare evasion, using current TAP data along the Orange Line and boarding data to determine what level of evasion exists.

24. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED
(5-0) approving Substitute Motion by Directors Najarian, O'Connor and DuBois that Metro Planning staff should return to the Board with a comprehensive and holistic countywide approach to the Mobility Matrix issue; incorporating and updating previous studies, such as has been done by Gateway and South Bay COGS and obviate the ad hoc incremental approach being initiated by the various Board members.

36. MOTION BY DIRECTOR DUPONT-WALKER, MAYOR GARCETTI, COUNCILMAN KREKORIAN & SUPERVISOR MOLINA that the MTA Chief Executive Officer:

A. report back on the feasibility of adopting a living wage ordinance for MTA and provide an analysis that includes a review of which contracts would be subject to the living wage ordinance;

B. consider and provide recommendations on a service contract worker retention program which retains, for transition purposes, core employees of the previously employed contractor for a period of no more than 60 days;

C. work with the recommended contractor on this item to achieve a goal of a living wage, as defined by the City of Los Angeles, for its employees; and

D. report back at the March 2014 Board meeting on all the items listed above.

53. EXECUTIVE MANAGEMENT COMMITTEE FORWARDED WITHOUT RECOMMENDATION authorizing the Chief Executive Officer to negotiate salary within the pay range for the following positions:

A. Executive Director, Corporate Safety & Risk Management, pay grade HBB ($156,915 - $196,144 - $235,372).

B. Executive Director, Vendor/Contract Management, pay grade HBB ($156,915 - $196,144 - $235,372).

C. Executive Director, Finance and Budget, pay grade HBB ($156,915 - $196,144 - $235,372).

D. Executive Director, Engineering & Construction, pay grade HCC ($209,705.60 - $258,169.60 - $306,675.20).

60. RECEIVE AND FILE report on the agency's reorganization structure. 

54. EXECUTIVE MANAGEMENT COMMITTEE FORWARDED WITHOUT RECOMMENDATION adopting a revision to the Metro Acquisition Policy allowing the Chief Executive Officer or his designee(s) to cancel an invitation for bids and reject all bids under specified circumstances.

55. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (5-0) approval as amended adopting the proposed 2014 Federal and State Legislative Program. 

DUBOIS AMENDMENT to support the inclusion of Active Transportation components in eligibility for transit and highway funding at both the state and federal levels.

68. RECEIVE AND FILE Status Report on the Development of Pilot Program for Small Business Assistance for Crenshaw/LAX Light Rail Transit Project.

69. CONSIDER:

A. authorizing the Chief Executive Officer to implement the park and ride facilities assessment recommendations in an amount not to exceed $12 million dollars and to amend the FY14 budget in the amount not to exceed $2 million dollars to begin those improvements;

B. amending the FY14 budget to add 18 additional FTEs necessary to support and operate these facilities, add another 12 FTEs in FY15 and the remaining 3 FTEs in FY16 for a total of 33 FTEs;

C. amending the FY14 budget by $1.9 million to support operational and improvement materials and equipment costs; and

D. receiving and filing the progress report on the transfer of the Caltrans owned park and ride lots to Metro.

(CARRIED OVER FROM OCTOBER BOARD MEETING)

73. CONSIDER:

A. holding a public hearing on the proposed Resolution of Necessity. 

B. adopting the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire Parcel HS-0701 (APN 4125-026-007), HS-0801 & 0801-1 (APN 4125-026-801 & 802), HS-0803 & 0803-1 (APN 4125-026-013) and HS-0804 & 0804-1 (APN: 4125-026-11, 012 & 4125-021-027) consisting of fee interests and temporary construction easements in the real property (hereinafter the "Property).

(REQUIRES TWO-THIRDS VOTE)

74. MOTION BY DIRECTORS KREKORIAN, GARCETTI AND YAROSLAVSKY that the MTA Board instruct the Chief Executive Officer to report back to the board in March 2014 on a long term strategic plan for the North Hollywood and Universal City/Studio City stations that analyzes the following:

A. explore options and provide recommendations both long-term and short-term to increase parking availability at the Red Line North Hollywood and Universal City/Studio City stations (at the North Hollywood station, the options to be explored should include, but not be limited to the creation of additional parking lots on vacant land, construction of a multi-level parking garage and providing public parking as part of a joint-development);

B. provide recommendations for potential bicycle and pedestrian improvements at those stations and surrounding areas;

C. evaluate existing connections to the station from Metro transit as well as other transit lines and make recommendations to either, add, adjust or modify existing services in order to maximize ridership; and

D. identify available/potential funding sources for parking facilities, bicycle and pedestrian improvements.

END OF NON-CONSENT ITEMS

75. CLOSED SESSION: 

A. Conference with Legal Counsel – Existing Litigation – G.C. 54956.9(a):

1. LACMTA, et. al. v. Parsons-Dillingham, et. al., Case Nos.
BC150298 and BC179027

2. Danut Vulgaris v. LACMTA, Case No. CV12-4524 GW
(PLAx)

3. Raphael Vasquez v. LACMTA, Case No. BC484335

B. Conference with Legal Counsel – Anticipated Litigation – G.C. 54956(b)

Significant Exposure to Litigation (One Case)

C. Public Employment – G.C. 54957
Title: Inspector General
Consider appointment of Inspector General

D. Conference with Labor Negotiator – G.C. 54957.6
Agency Representative: Don Ott
Employee Organizations: ATU, TCU and UTU

E. Conference with Real Property Negotiator – G.C. 54956.8

1. Property Description: CR-3801 and CR-4505
Agency Negotiator: Velma Marshall
Negotiating Party: Michael Margaritis, dba Haven Burger & Chris Burger
Under Negotiation: Price

2. Property Description: HS-2206
Agency Negotiator: Velma Marshall
Negotiating Party: Jean Haddad Florence, LLC
Under Negotiation: Price

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.

COMMENTS FROM THE PUBLIC ON ITEMS OF PUBLIC INTEREST WITHIN COMMITTEE'S SUBJECT MATTER JURISDICTION

ADJOURNMENT

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