Location & Date
Metro Board Room, One Gateway Plaza, 3rd Floor,
Thursday, January 26, 2012 9:00 a.m.
Call to Order
Directors: Antonio Villaraigosa, Chair Michael Antonovich, 1st Vice Chair Diane DuBois, 2nd Vice Chair John Fasana José Huizar Richard Katz Don Knabe Gloria Molina Ara J. Najarian Pam O'Connor Mark Ridley-Thomas Mel Wilson Zev Yaroslavsky Michael Miles, 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
1. APPROVE Consent Calendar Items: 2, 5, 7, 8, 9, 11, 12, 13, 14, 16, 17, 25, 37, 38, 39, 41, 46, 47, 48, 55**, 56, 57, 58, 59, 60 and 61.
**REQUIRES 2/3 VOTE
5. CONSTRUCTION COMMITTEE RECOMMENDED (3-0) approval of revised Huizar Motion that:
A. Preliminary engineering and station designs for the Broadway Station of the Regional Connector be completed to include both Broadway and Spring Street passenger access portals, and a ticketing mezzanine;
B. Bids be solicited to both include and exclude these items, so that if sufficient funding is available or becomes available, these important station elements can be completed.; and
C. Include $500,000 to perform PE for a second entrance for the Broadway Station as an option in the PE Contract E0119 with Connector partnership Joint Venture with no increase in the life of the project budget.
7. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) approval of:
A. Accepting the Project Sponsorship for the Exposition Boulevard Right-Of-Way Bike Path – Westside Extension Project ("the Project") and authorizing the transfer of $13,053,170 in programmed funds ($11,528,000 in federal Transit Enhancement ("TE") funds and $1,525,170 in Local Transportation Funds) from the Cities of Los Angeles and Santa Monica to the Los Angeles County Metropolitan Transportation Authority ("Metro") for the Project;
B. Adopting a Life-of-Project Budget of $16,102,170 for Capital Improvement Project No. 890003;
C. Authorizing the Chief Executive Officer ("CEO") to execute an amendment to the Exposition Project Phase 2 Funding Agreement with the Exposition Metro Line Construction Authority ("Construction Authority") to provide up to $16,102,170 for the Project and an amendment to Exposition Project Phase 2 Master Cooperative Agreement with the Construction Authority to address related provisions for the design and construction of the Project;
D. Authorizing the CEO to negotiate and execute funding agreements with the Cities of Los Angeles and Santa Monica for their funding contributions towards the Project and to execute the corresponding license agreements for operating and maintaining the bike path on Metro's right-of-way;
E. Amending the FY12 Budget to increase revenues and expenses by $800,000 for Capital Improvement Project No. 890003 to advance the current Conceptual Design to Preliminary Engineering and develop a Lump Sum Fixed Price (LSFP) proposal for the Final Design and Construction of the Bike Path. Award of Final Design and Construction Scope of Work is subject to the review and approval of the LSFP by Metro; and
F. Approving a Notice-to-Proceed of $800,000 for the Construction Authority for preliminary engineering, once the California Transportation Commission authorizes a state allocation of the $11,528,000 in federal TE funding for the Project.
8. PLANNING AND PROGRAMMING RECOMMENDED (3-0) authorizing the Chief Executive Officer to negotiate and execute agreements with other Regional Transportation Planning Agencies within the Southern California Association of Governments (SCAG) region, which would allow parties to borrow, lend, or exchange federal apportionments to minimize federal apportionment rescissions in the SCAG region.
9. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-0):
A. Approving a grant of $1,073,000 to the City of Los Angeles (City) for design of Taylor Yard Bikeway/Pedestrian Bridge over Los Angeles River with the City providing $327,000 in matching funds.
B. Authorizing the Chief Executive Officer to enter into a Memorandum of Understanding with the City for Taylor Yard Bikeway/Pedestrian Bridge; and
C. Adding $400,000 to the FY12 budget for the Taylor Yard Bikeway/Pedestrian Bridge project.
11. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to:
A. Determine a strategy for the Interstate 5 South (Orange County Line to Interstate 605) Corridor Mobility Improvement Program (CMIA) Contingency Plan and implement, as necessary to preserve Los Angeles County CMIA funds; and
B. Request to the California Transportation Commission (CTC) to swap $167.7 million of Proposition 1B CMIA funds from the Interstate 5 South widening project (Segment 4) with an equal amount of CMAQ and/or other project funds from the Interstate 5 South High Occupancy Vehicle (HOV) (Empire Avenue and Burbank Boulevard) and Interstate 10 HOV (Puente Avenue to Citrus Avenue) projects, as necessary to preserve Los Angeles County CMIA funds.
12. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-0-1) authorizing the Chief Executive Officer to:
A. Award a cost plus fixed fee, Contract No. PS4710-2768 to HDR Engineering, Inc in the amount of $5,858,000, for professional services to prepare a Utility Relocation Study that includes conceptual and preliminary engineering, and technical studies for utility relocation and structural components of the I-710 Corridor Project, specifically, for the North Segment, between the Los Angeles River overcrossing to the State Route 60; and
B. Execute individual contract modifications as required, but not to exceed a cumulative total of up to 15% of the contract value, to cover the cost of any unforeseen issues that may arise during the preliminary utilities engineering and technical studies.
13. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0):
A. Approving funding marks of about $21.6 million in federal Job Access and Reverse Commute (JARC) funds and $9.3 million in federal New Freedom (NF) funds estimated to be made available for the Fiscal Year (FY) 2012 Solicitation for Proposals;
B. Approving the JARC and NF programs application package and evaluation criteria;
C. Authorizing staff to update the Coordinated Public Transit– Human Services Transportation Plan; and
D. Amending the LACMTA FY 12 Budget to add two full-time equivalent (FTE) positions to be funded 100% with federal funds from the JARC and NF programs to support activities required from the Los Angeles County Metropolitan Transportation Authority (LACMTA) as the Designated Recipient of these funds.
NOTE – FTE positions will expire when funding runs out and will be reviewed during upcoming budget process.
14. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to:
A. Award a firm fixed, Contract No. PS 4710-2770 to Consensus Inc., in the amount of $3,896,728 for professional services contract to facilitate and support public participation in the development of the Draft and Final EIS/R for the State Route 710 project from Interstate 10 to State Route 134/Interstate 210. The environmental services contract that this companion public outreach contract will support was approved by the Board in October 2011.
B. Amend the FY12 budget in the amount of $125,000 to add one Community Relations Manager FTE position in Regional Communications to manage the multi-year public and community outreach effort. This position is for the life of project only and will terminate with project completion.
16. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) approval of our comment letter on the Southern California Association of Governments' Draft 2012 Regional Transportation Plan/Sustainable Communities Strategy.
25. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (4-0):
A. Adopting the Investment Policy;
B. Approving the Financial Institutions Resolution authorizing financial institutions to honor signatures of LACMTA Officials; and
C. 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.
37. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (4-0) approving a Transit Security Policy consistent with the existing practice of the Sheriff's Department to respond to any incident on the transit system as follows:
- Emergency - Calls requiring response with lights and sirens (code 3): ten minutes
- Priority - Calls that require an immediate response, but not a code three response: 20 minutes
- Routine - Calls of a non-priority nature that do not require a priority response from the field unit(s): 30 minutes.
38. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to award a nine-year firm fixed unit rate contract under RFP No. PS-6240-2786, for medical services including various medical examinations and drug and alcohol collections for employees and job candidates, to the following clinics for a total aggregate not-to-exceed contract value of $5,321,075, inclusive of three two-year options.
- Downtown - Temple Medical Center and Glendale Memorial Occupational Medical Group;
- Downtown/San Gabriel Valley - USHealthworks Commerce;
- West Los Angeles - USHealthworks Los Angeles;
- South Bay/Long Beach - CareOnSite; and
- San Fernando Valley - USHealthworks Van Nuys.
39. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to execute a new three year Right of Entry Permit/Hold Harmless Agreement (the "New Agreement") with Los Angeles World Airports ("LAWA"), which New Agreement will allow LAWA to continue to use portions of Patsaouras Transit Plaza, the Union Station Gateway parking garage and the Center/Jackson Terminal to support LAWA's operation of its FlyAway-branded bus service between Union Station and Los Angeles International Airport.
41. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (3-0) amending Metro's Customer Code of Conduct (the "Code") (Chapter 6-05 of the Administrative Code) including enforcement procedures to better reflect policies consistent with encouraging behavior that complies with the law and protects the public but is fair and reasonable. Authorize the agency to enforce orders of exclusion with citations for trespass. The amended Code will become effective February 27, 2012. [ATTACHMENT A]
46. CONSTRUCTION COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to:
A. Negotiate and execute Contract Modification No. 16 to Contract No. E0117, with Hatch Mott MacDonald, for Advance Design to prepare Advanced Utility Relocations as an early construction contract, at a value not-to-exceed $996,972;
B. Negotiate and execute Contract Modification No. 17 to Contract No. E0117, with Hatch Mott MacDonald, to redesign LRT Alignment in the Harbor Branch right-of-way of the project alignment without BNSF track, at a value not-to-exceed $865,558;
C. Negotiate and execute Contract Modification No. 18 to Contract No. E0117, with Hatch Mott MacDonald, for Integrated Project Management Office Recurring Costs, at a value not-to-exceed $651,508; and
D. Increase Contract Modification Authority (CMA) in an amount of $3,337,221 increasing the total CMA for Phase II from $2,466,658 to $5,803,879 and execute individual Contract Modifications, inclusive of Contract Modifications above, within and up to the Board approved Contract Modification Authority. The total of Recommendations A through C is a not-to-exceed amount of $2,514,038 increasing the total Contract Value from $34,612,283 to $37,126,321.
47. CONSTRUCTION COMMITTEE RECOMMENDED (3-0) authorizing:
A. the Chief Executive Officer to execute Contract Modification No. 28 to Contract No. C0882, with Kiewit Infrastructure West Company, to increase funding for Contract Schedule C Provisional Items to perform Electrical Utility Work, Hazardous Materials Remediation, SWPPP Implementation, and Local Drainage, in the amount of $39,950,000 increasing the Total Contract Value from $746,329,045 to $786,279,045.
B. an increase of $39,950,000 to the Contract No. C0882 Change Modification Authority (CMA), from $36,950,700 to $76,900,700, with no change to the Project 405523 Life of Project budget.
48. CONSTRUCTION COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to execute a 36-month base contract with two 12-month options for Project Development and Implementation Services to Thompson Coburn for an amount not to exceed $1.8 million.
55. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (3-0):
A. Amending CP #201055 (100 Bus Replacements) which was approved by the Board in June 2011, to include an additional 50 forty-five foot Compressed Natural Gas (CNG) buses for the FY13 capital program increasing the current life-of-project budget from $70,000,000 to $86,830,211 for an increase of $16,830,211 which includes project contingency;
B. Finding that there is only a single source of procurement for forty-five foot CNG buses, and purchase is for the sole purpose of duplicating buses already in use. The Board hereby authorizes the purchase of an additional 50 forty-five foot CNG buses pursuant to Public utility Code section 130237;
C. Executing Contract Option No. 4 to Contract OP33202082 with North American Bus Industries (NABI), to purchase fifty CNG high capacity composite buses for the firm fixed price of $15,882,711, increasing the Total Contract Value from $325,442,964 to $341,325,675, inclusive of sales tax;
D. Authorizing staff to cancel RFP OP33202720 for procurement of 700 replacement buses. (REQUIRES TWO-THIRDS VOTE)
56. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to:
A. Proceed with proposals to revitalize the Silver Line service corridor (I-110 Harbor Transitway and I-10 El Monte Busway) in concept;
B. Include additional allocation of $1,155,000 in operating costs required for the Silver Line Revitalization Program into the FY13 and future budgets.
C. Establish a life-of-project (LOP) capital budget for the Silver Line Revitalization Program in the amount of $7,845,000;
D. Amend the FY12 budget to add $550,000 of revenues and expenditures to be funded with Federal 5307 Bus Operations Subcommittee Transit Enhancements funds to begin implementation of the capital project in FY12.
57. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to award a contract under IFB No. OP39602800 with Icom America, Inc., the lowest responsive and responsible bidder, to provide two-way equipment to support communications within LACMTA's Rail Stations and underground right-of-way for an amount not to exceed $6,251,341.80, inclusive of baseline quantities, training, warranty, and optional quantities.
58. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (3-0):
A. Authorizing the Chief Executive Officer (CEO) to execute a five (5) year license agreement ("Agreement"), including up to three (3) successive five year options, with West Angeles Church of God in Christ, ("WA COGIC") for the rental of approximately four hundred fifty parking spaces (450) in a parking garage located at 3500 Crenshaw Boulevard, Los Angeles, CA commencing the earlier of (i) the date that is sixty (60) days after the date LACMTA delivers written notice to WA COGIC that it requires use of the Parking Garage and (ii) July 1, 2012 at an estimated initial annual rental cost of $281,700/annually plus $435,896 in estimated annual operating expenses. Annual rent and operation expenses including annual escalations are estimated to be in the range of $4,000,000 over the initial five-year term.
B. Amending the FY12 budget to add $50,000 for start up costs under Project 300066 (Expo Light Rail Operations Project); and
C. Amending the FY12 budget to add approximately $400,000 of expenses to Project 300066 (Expo Light Rail Operation Project), in Cost Center 0651 (Non-Departmental), and Account No. 51201 (Lease and Rental Property and Facilities) to cover MTA's share of the annual operating budget of the garage for the remainder of FY12. This action is within the estimated lifeof- project budget of $4,000,000.
59. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to execute Contract Modification No. 1 to Contract No. MA100029 with Wabtec Passenger Transit for the overhaul of Breda A650 heavy rail vehicle friction brake system equipment in an amount not-toexceed $640,028 increasing the Total Contract Value from $1,500,928 to $2,140,956.
60. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to award a 24-month, firm fixed price contract under Bid Number 11-0041 to the lowest responsive and responsible bidders for bus filters for an amount not to exceed $3,312,644, inclusive of sales tax and a one year option for the following vendors:
A. H & H Auto Parts Wholesale for line items 5 (Transmission Filter Kit), 11 (Element Fuel Filter 30 oz.), 12 (Element Fuel Filter 50 oz), and 14 (Element Fan Reservoir Filter) for a total contract value of $796,674 inclusive of sales tax, and
B. Vehicle Maintenance Program for line items 1 (Engine Oil Filter), 2 (Element Oil Filter), 6 (Element – Water Filter Cummins), 7 (Air Intake Engine Filter), 10 (Coolant Filter), 13 (Air Intake Engine Series 50), 15 (Air Intake Engine Filter), 21 (Air Intake Engine Filter Cleaner), 22 (Engine Oil Filter Cummins), and 24 (Engine Oil Filter L10 Cummins) for a total contract value of $763,290 inclusive of sales tax, and
C. Factory Motor Parts for line item 9 (Spin On Fuel CNG Filter) for a total contract value of $261,971, inclusive of sales tax, and
D. TK Service, Inc. for line item 20 (Air Intake Evaporator Filter) for a total contract value of $9,571, inclusive of sales tax, and
E. Cummins Cal Pacific, LLC for line item 4 (Closed Crankcase Ventilation Element Filter) for a total contract value of $355,703, and
F. North American Bus Industries (NABI) for line items 17 (Filter Kit Coalescing & Scrubber Depth Pad), 19 (Element Fuel CNG Filter) and 25 (Filter Hydraulic Spin-On) for a total contract value of $275,335, and
G. Aire Filter Product for line items 3 (AC Filter), 23 Air Intake Evaporator Filter), and 26 (Screen – Filter Ventilation) for a total contract value of $153,086, and H. Muncie Transit Supply for line items 16 (AC Return Filter) and 18 (Hydraulic Fluid Element Filter) for a total contract value of $697,034.
61. SYSTEM SAFETY AND OPERATIONS RECOMMENDED (3-0-1) authorizing the Chief Executive Officer to award a five-year firm fixed unit rate contract, under bid no. OP3344-11-2821 with Ace Fence Company, the lowest responsive, responsible bidder, to provide fence replacement installation, maintenance, and repair services for Metro transit facilities in an amount not to exceed $1,282,400, inclusive of two one-year option periods, effective March 1, 2012.
3. Chair's Report.
4. Chief Executive Officer's Report.
- Southern California Association of Governments (SCAG) 2012 Regional Transportation Plan Oral Presentation by Hasan Ikhrata, SCAG Executive Director.
10. PLANNING AND PROGRAMMING FORWARDED TO THE FULL BOARD AS AMENDED authorizing the Chief Executive Officer to execute a modification to the existing firm fixed-price contract with Cambridge Systematics, Inc. in the amount of $345,000 increasing the total multi-year contract amount from $2,066,131 to $2,411,131 to complete the additional Nexus Analysis activities and conduct an economic analysis for each of the sub-regional Pilot Studies.
AMENDMENT by O'Connor, Najarian and Huizar that the MTA Board direct the CEO to do the following:
A. Modify the existing contract of the Congestion Mitigation Fee Study (as Modification #3) with the additional tasks to develop the technical travel demand modeling capability to estimate travel demand by bicycle and, if possible, in conjunction with other active transportation travel such as walking. This modeling capability could be used to quantify the congestion reduction benefit and other mobility benefits of the bicycle related projects (Active Transportation) identified thus far in the list of projects of the Congestion Mitigation Fee Program currently under development with jurisdictions. This technical travel demand modeling capability could also be utilized to model bicycle investment (Active Transportation) in other major MTA activities such as the Long Range Transportation Plan, Short Range Transportation Plan, Call-for Projects, Transit Corridor Planning, Joint Development, SB 375 GHG compliance, and other critically important transportation activities carried out by MTA;
B. Work with the MTA OMB to provide the necessary funding for the remainder of FY 11-12 and continue the funding in the budget preparations for FY 12-13 to develop this technical travel demand modeling capability for bicycle travel (active transportation) and execute the contract modification to the existing contract of the Congestion Mitigation Fee Study not to exceed $1.5 million.
C. Develop a phased work plan that includes investigating the state of the practice in this field, identifying performance measures; and collecting the necessary data to develop the technical travel demand modeling capability for bicycle travel (Active Transportation) that works for Los Angeles County.
D. Coordinate with the appropriate stakeholders that would provide the input to develop a technical travel demand model for bicycle travel and, if possible, other active transportation such as walking that reflects the complexity and diversity of MTA's transportation initiatives across Los Angeles County.
15. PLANNING AND PROGRAMMING COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION:
A. Authorizing the CEO to execute a memorandum of understanding among eight agencies for the preparation of study, design and construction of high-speed rail through the Southern California region, including identified highspeed rail corridors south of Bakersfield.
B. Supporting the authorization of $950M in connector projects authorized by Proposition 1A.
30. AD-HOC CONGESTION PRICING COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION:
A. Authorizing the Chief Executive Officer (CEO) to negotiate and execute a Contract Modification #6 to Contract No. PS0922102333, with Atkinson Construction LP, for Drainage Modifications on the I-110 Freeway, in a not-toexceed amount of $1,867,000 increasing the Total Contract Price from $77,152,517 to $78,019,517. This action does not increase the Life-of-Project Budget.
B. Approving an increase in Contract Modification Authority (CMA) for Contract No. PS0922102333 in the amount of $11,592,445 increasing the total CMA from $7,236,370 to $18,828,815, and authorize the CEO to execute Contract Modifications within Board Approved CMA Authority.
40. EXECUTIVE MANAGEMENT COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION:
A. the master Project Labor Agreement (PLA) which has been negotiated with the Los Angeles/Orange County Building Trades Councils, as authorized by previous Board action; and
B. the Construction Careers Policy to provide guidance to staff and contractors to implement the PLA in Metro Construction projects.
70. EXECUTIVE MANAGEMENT COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION adoption of the following position on State Legislation:
14461444 (Feuer) – Would establish an expedited judicial process for transit projects subject to litigation for environmental purposes. SUPPORT
72. APPROVE KNABE MOTION that the MTA Board directs the CEO to:
A. Develop and implement a strategy for increasing public awareness of sexually trafficked youth by posting public awareness information on Metro buses, rail cars/trains, at stations, and on Metro's website;
B. Report back to the Board in both February and March 2012 to provide updates on the implementation of this public awareness effort.
A. Authorizing the Chief Executive Officer to negotiate and execute a contract agreement with EV Connect, Inc. to utilize California Energy Commission Grant PON-09-006 that funds the installation of Plug-in Electric Vehicles charging stations at our Gateway Headquarters in Union Station; and
B. Amending the FY12 budget to add $54,880 to Project Number 210130, Public Plug-in Vehicle Charging Station.
69. CLOSED SESSION:
A. Conference with Legal Counsel - Pending Litigation - G.C. 54956.9(a):
1. Sharon Bagley v. LACMTA, Case No. BC421803
2. Jose Beltran and Maria Sanchez v. LACMTA, Case No. BC443892
3. Linda Lum, Cynthia Yung, Donald Lum and Danny Lum v. LACMTA, Case No. BC450095
4. Donald Schneider v. LACMTA, Case No. BC444158
5. Nadia Adout, et al v. LACMTA, Case No. BC448290
6. Edson Vasquez v. LACMTA, Case No. BC413338
7. Rosario Barajas, et al v. LACMTA, Case No. BC385950
8. Sonia Pichardo-Cabrera v. LACMTA, Case No. SC104002
B. Conference with Legal Counsel - Anticipated Litigation - G.C. 54956.9(b) Significant Exposure to Litigation (one case)
C. Conference with Real Estate Negotiator - G.C. 54956.8 Property: 317 S. Broadway, Los Angeles, CA 90013 Agency Negotiator: Roger Moliere Negotiating Parties: Grand Central Square Limited Partnership Under Negotiation: Terms of payment
D. Conference with Labor Negotiator - G.C. 54957.6 Agency Representative: Richard Hunt and designated staff Employee Organizations: ATU, UTU, TCU, Teamsters, AFSCME
E. Personnel Matters - G.C. 54957 Public Employee Appointment Consider Appointment of Inspector General
F. Conference Regarding Potential Threats to Public Services and Facilities - G.C. 54975: While there may be no immediate threat, this is to provide the Board with a confidential update by Ruthe Holden, Chief Auditor, and Paul Taylor, Deputy Chief Executive Officer, on security related matters.