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Regular Board Meeting Agenda*

Location & Date

Metro Board Room, One Gateway Plaza, 3rd Floor, Los Angeles
Thursday, July 26, 2012 9:00 a.m.

Agenda

1. APPROVE Consent Calendar Items: 8, 12, 13, 14, 17, 20, 21, 22, 23, 24, 25, 31, 35, 36, 37, 39, 49 and 51.

CONSENT CALENDAR

2. APPROVE Minutes of the Regular Board Meeting held June 28, 2012.

8. AD HOC SUSTAINABILITY COMMITTEE RECOMMENDED (4-0) adopting resolution authorizing the Chief Executive Officer to collaborate with the Southern California Association of Governments on the delivery of a joint-work program to implement the 2012-2035 Regional Transportation Plan/Sustainable Communities Strategy.

12. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (5-0) authorizing the Chief Executive Officer to negotiate and award excess liability insurance policies with up to $250 million in limits at a cost not to exceed $3.9 million for the 12-month period effective August 1, 2012 to August 1, 2013.

13. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (5-0):

A. establishing a new Measure R Capital Reserve Account for the City of Lakewood for their Street Improvements in Various Locations project in the amount of $2,900,000; and

B. authorizing the Chief Executive Officer to negotiate and execute all necessary agreements between Los Angeles County Metropolitan Transportation Authority and the City for their Capital Reserve Account as approved.

14. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (5-0) authorizing the Measure R Local Return Program Manager, on behalf of the Los Angeles County Metropolitan Transportation Authority, to write a letter of concurrence for the use of the funds as requested by the City of Lynwood.

CONSENT CALENDAR CONTINUED:

17. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED AS AMENDED (5-0) authorizing the Chief Executive Officer to amend the FY13 budget to add and not to exceed $730,000 of revenues and expenses to Inspector General, cost center 1310 for the Board directed evaluation of MTA's organizational structure and the audit of the TAP program.

20. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0-1) authorizing the Chief Executive Officer to execute Modification No. 1 to Contract No. PS4710-2647 with AECOM Technical Services, Inc. to incorporate project changes for I-710 South Utility Study in the amount of $976,636, from $6,472,293 to $7,448,929 and extend the period of performance by 6 months from November 22, 2012 to May 22, 2013.

21. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-0-1):

A. authorizing the Chief Executive Officer to execute Modification No. 5 to Contract No. PS4370-2316 for Task 5 with InfraConsult, LLC, to provide Public-Private Partnership (PPP) consultation services in an amount not to exceed $4.5 million, increasing the Total Contract Value from $12,932,360 to $17,432,360;

B. approving Contract Modification Authority specific to Contract No. PS4370-2316 to fund pending changes in an amount not to exceed 15%;

C. amending the FY13 budget to increase the revenues and expenditures by $1.9 million to cost center 2210, New Business Development;

D. authorizing the commencement of the procurement process and delivery of the Highway Goods Movement Package as a PPP project pursuant to the provisions of California Streets and Highways Code Section 143; and

E. authorizing the Chief Executive Officer to execute cooperative agreements with the California Department of Transportation to deliver the Highway Goods Movement Package as a PPP project.

22. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-0-1):

A. authorizing the Chief Executive Officer to award an eleven month cost reimbursable Architect & Engineer Contract (No. PS 4320- 2897), to AECOM to perform design and outreach work for the Eastside Access Project - Unincorporated East Los Angeles in the amount of $1,449,498, inclusive of three phases: Phase I Design Development, Phase II Final Design and Construction Documents, and Phase III Construction Support Services; and

B. approving Contract Modification Authority specific to Contract No. PS 4320-2897 for up to 15 percent of the above amount to cover the cost of any potentially unforeseen issues that may arise during the above phases of the project. [HANDOUT]

23. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0):

A. recertifying $291.12 million in existing Fiscal Year (FY) 2012- 13 commitments from previous Countywide Calls for Projects and authorizing the expenditure of funds to meet these commitments;

B. deobligating $36.47 million of previously approved Countywide Calls for Projects funding;

C. authorizing the Chief Executive Officer to:

1. negotiate and execute all necessary agreements for approved projects; and

2. amend the FY 2012-13 budget, as necessary, to include the 2012 Countywide Call for Projects Recertification and Extension funding in the regional Programs budget;

D. reprogramming funding for the City of Santa Clarita:

1. Golden Valley Road Widening/Gap Closure over State Route 14 (#F5104) to FY 2012-13; and

2. Via Princessa Extension Golden Valley Road to Rainbow Glen (#F1168) to FY 2014-15;

E. approving changes in scopes of work and reprogramming funding for:

1. the County of Los Angeles – Third Street & La Verne Avenue Parking Structure (#F1414) to FY 2012-13;

2. the City of Inglewood – Florence Avenue Regional Transportation Corridor Improvement Project (#F3130) to FY 2012-13 and FY 2013-14; and

3. the City of Glendale Purchase of Nine 40-Ft CNG Buses for Glendale Beeline Fleet Project (#F3430) to FY 2012-13;

F. approving changes in scopes of work for:

1. the City of Los Angeles – Victory Blvd Widening from Topanga Cyn Blvd to De Soto Ave (#F1141); and

2. the City of Inglewood – La Brea Avenue Intersection Realignment Project (#F1106) funded through previous Calls for Projects;

G. reprogramming funding from previously deobligated project – the City of Palmdale Rancho Vista Blvd Grade Separation at Sierra Hwy/RR Tracks (#F1104) to previously deferred Calls for Projects:

1. the City of Palmdale North County Traffic Forum ITS Expansion (#F1300);

2. the County of Los Angeles – Gateway Cities Forum Traffic Signal Corridors, Phase V (#F1312); and

3. the County of Los Angeles – San Gabriel Valley Forum Traffic Signal Corridors (#F1321); and

H. receiving and filing time extensions for 72 projects.

24. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0) approving the Regional Rail Capital Funding Plan of $18,000,000 of Measure R 3% funds for FY 2012-13. [HANDOUT]

25. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0):

A. approving updated Measure R I-710 Early Action Project list to include the Atlantic/Firestone Intersection Improvement project, contingent on the ratification from the I-710 Project Committee and the Gateway Cities Council of Governments (GCCOG) Board; and

B. increasing the FY 13 budget by adding $10.4 million in Cost Center 0442 in Highway Capital Project 460316 I-710 Early Action Projects.

31. AD HOC CONGESTION PRICING COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to execute a funding agreement with the California Highway Patrol to provide enforcement services on the I-110 and I-10 ExpressLanes through June 30, 2014 in an amount not to exceed $1,994,284.

35. CONSTRUCTION COMMITTEE RECOMMENDED (3-0) an increase in the Contract Modification Authority (CMA) in the amount of $155,000 specific to Contract No. C0949 with AP Construction to complete computer room upgrades increasing the CMA from $102,445 to $257,445. No additional funds are required for the $12.1M Life-of-Project budget to complete this project.

36. CONSTRUCTION COMMITTEE RECOMMENDED (3-0):

A. authorizing the Chief Executive Officer to issue and negotiate Change Order No. 57 to Contract No. C0882, with Kiewit Infrastructure West Company, for construction to remove a landslide at Wall 1868, in an amount not-to-exceed $1,671,608 increasing the Total Contract Value from $798,619,117 to $800,290,275;

B. authorizing the Chief Executive Officer to execute multiple change orders in phases to Contract No. C0882, with Kiewit Infrastructure West Company, for Caltrans Drainage Maintenance and Repair, for an amount not-to-exceed $8 million increasing the Total Contract Value from $800,290,275 to $808,290,275. This is reimbursable through Caltrans;

C. authorizing the Chief Executive Officer to execute a Cooperative Agreement with the California Department of Transportation (Caltrans) to incorporate added scope of maintenance and repair of Caltrans Drainage work into the I-405 Sepulveda Pass Improvements Project;

D. approving an increase to the Life of Project budget of $8 million, from $1.040 billion to $1.048 billion, to be funded by Caltrans for Project 4Q5523, I-405 Sepulveda Pass Improvement Project for added scope of work; and

E. approving an increase of $8,100,000 to Contract No C0882 Change Modification Authority, from $106,734,308 to $114,834,308.

37. CONSTRUCTION COMMITTEE RECOMMENDED (4-0):

A. adopting a Life-of Project (LOP) budget increase of $700,000 resulting in a new LOP budget of $5,166,000; and

B. authorizing the Chief Executive Officer to award a 3 year firm fixed price contract under Request for Proposal No. C0964R with Vycon, Inc., a Wayside Energy Storage Substation for a firm fixed price of $3,593,330 inclusive of sales tax.

39. CONSTRUCTION COMMITTEE RECOMMENDED (3-0) an increase in the Contract Modification Authority (CMA) to Contract No. C0972 with Griffith Construction Company, for the Metro Subway Station Entrance Canopy Project, to provide funding for future potential Contract Modifications identified in the amount of $295,000, increasing the current CMA from $494,000 to $744,000 $789,000. No additional funds are required for the Life-of-Project budget to complete the project.

49. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (3-0) approval of the proposed 14.2% Federal Transit Administration Disadvantaged Business Enterprise Overall Goal for a three-year period from Federal Fiscal Years 2013 through 2015 in accordance with 49 Code of Federal Regulations Part 26.

51. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to negotiate salaries within the pay range for the following positions:

A. Deputy Executive Director, Transit Project Delivery, pay grade CC ($190,621 - $234,707 - $278,793);

B. Executive Director, Labor and Employee Relations, pay grade BB ($142,641 - $178,301 – $213,962)

C. Executive Director, Management, Budget and Local Programming, pay grade BB ($142,641 - $178,301 – $213,962); and

D. Chief Communications Officer, pay grade BB ($142,641 - $178,301 – $213,962). END OF CONSENT CALENDAR NON-CONSENT

3. Chair's Report.

4. Chief Executive Officer's Report.

16. FINANCE, BUDGET AND AUDIT COMMITTEE FORWARDED WITHOUT RECOMMENDATION:

A. adopting a resolution that authorizes the issuance of refunding bonds, the use of a tender process to solicit bonds from current holders and approves related documents on file with the Board Secretary;

B. appointing RBC Capital Markets as senior manager, supported by Bank of America Merrill Lynch, Barclays Capital and Citigroup as comanagers for one or more forward bond sales of the Prop A 2003-A and Prop 2003-B Bonds; and

C. appointing Morgan Stanley as senior manager, supported by De La Rosa & Co. and Ramirez & Co. as co-managers for any tender refunding of the Prop A 2003-A and Prop A 2003-B Bonds.

26. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0) approval of ANTONOVICH MOTION that the MTA Board take a position of support for the Xpress West project and its loan application with the Federal Railroad Administration.

38. CONSTRUCTION COMMITTEE FORWARDED WITHOUT RECOMMENDATION AS AMENDED BY HUIZAR authorizing staff to proceed with the construction method along Flower Street consistent with the FTA Record of Decision, as certified in the FEIS/FEIR, within the procurement package for the Regional Connector Transit Corridor Project.

HUIZAR AMENDMENT that the Board direct the CEO to proceed with a procurement bid process that secures separate bid options for both cut and cover proposals and tunneling options up to 5th and Flower Streets; if bids for tunneling come in within the life of project budget, that option should be Metro's preferred construction option.

40. CONSTRUCTION COMMITTEE FORWARDED WITHOUT RECOMMENDATION authorizing the Chief Executive Officer to use Design-Build procurement delivery system for the Universal City Pedestrian Bridge project.

(REQUIRES 2/3 VOTE OF THE BOARD)

53. EXECUTIVE MANAGEMENT COMMITTEE FORWARDED WITHOUT RECOMMENDATION:

A. receiving status update on Measure R Independent Taxpayers Oversight Committee's actions regarding the proposed amendment to the Measure R Ordinance;

B. receiving status update on public meeting on the proposed amendment to the Measure R Ordinance; and

C. approving the Measure R Extension Information Program.

62. AUTHORIZE the Chief Executive Officer to award a 24-month, firm fixed price contract under Bid Number 12-0011 to Performance Turbocharger, LLC, the lowest responsive and responsible bidder for turbochargers for an amount not to exceed $2,342,568, inclusive of sales tax and a one year option.

63. AUTHORIZE the Chief Executive Officer to award a firm fixed price contract under Bid No. OP37902900 with Hanford Toyota the lowest responsive and responsible bidder for 88 Hybrid Sedans for a firm fixed price of $2,273,658 inclusive of sales tax.

64. AUTHORIZE the Chief Executive Officer to award a five-year contract No. PS12642010 to Canon Business Solutions, Inc. the most qualified proposer, for Copy Center and Design Studio Equipment and Services in an amount not-to-exceed $4,083,960, inclusive of sales tax.

65. CONSIDER:

A. finding that there is only a single source of procurement for the modification of Breda A650 Hydraulic Pneumatic Tread Brake Actuators (HPTs) and purchase is for the sole purpose of duplicating the existing equipment already in use. The Board hereby authorizes the purchase of Wabtec HPT modification pursuant to Public Utilities Commission Code Section 130237; and

B. authorizing the Chief Executive Officer to award a firm fixed price contract to Wabtec Passenger Transit, for the modification of 950 Wabtec tread brake actuators for an amount not to exceed $2,123,250. (REQUIRES 2/3 VOTE OF THE BOARD)

66. ADOPT the updated 2012 Metro Transit Service Policy.

73. ANTONOVICH MOTION that the MTA Board:

A. adopts a legislative position to support the maintenance of equity for Los Angeles County by reprogramming Proposition 1B project cost savings realized from Los Angeles County projects back into County projects;

B. directs the CEO to communicate this position to the California Transportation Commission, along with an official request for the Commission to revise its allocation policy accordingly; and

C. adopts a policy requiring the CEO to present to the Board for consideration as a first priority proposals to maintain equity for subregions that lose Proposition 1B project cost savings to another subregion within Los Angeles County prior to any reallocation of Proposition 1B funds.

74. RECEIVE oral report on I-405 and Metro Orange Line Chronology and Status Update.

75. CONSIDER:

A. public hearing on the proposed Resolution of Necessity; and

B. adopting the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire the fee simple Title to Parcel CR-2802 (APN: 4006-024-024, 026, 029) for the Crenshaw LAX Light Transit Project.

76. APPROVE the following nominee for membership on the San Fernando Valley Service Council:

A. Gary Bric, Reappointment Nominated by: City of Burbank Term Ending: June 30, 2015

77. RECEIVE response to Najarian Motion approved at Regular June Board Meeting that staff be directed to explore funding and report back within 30 days on ways to support the Airport Authority's proposed ground access program establishing direct connections to MTA's regional transit network, including the Orange Line BRT system and the Metro North Hollywood Red Line Station.

78. CONSIDER:

A. opposing the use of Los Angeles County share funding for a $9 million construction claim on the I-405 HOV Lanes from SR-90 to I-10 project, unless the California Transportation Commission agrees to release a like amount of State Transportation Improvement Program funds that are not needed for the I-5 HOV North Empire project; and

B. authorizing the Chief Executive Officer to execute an amendment to the existing Funding Agreement for the additional funds.

79. ANTONOVICH MOTION that the MTA Board adopts as a policy goal the coordination and synchronization among transit agencies serving Los Angeles County of service change schedules and transfer points to provide maximum efficiency and effectiveness of transfers between transit services to improve our regional transportation system.

I ALSO MOVE that the MTA Board direct the CEO to take at minimum the following actions by September 15th to meet this goal:

  • Convene the transit agencies that serve Los Angeles County to discuss implementing this goal,
  • Develop a prioritized list of Metrolink stations, transit hubs and transfer points between agencies to guide decisions on coordinating schedules,
  • Develop an implementation plan to complete this goal by December 31, 2012, and
  • Develop an MOU or similar agreement to coordinate when transit agencies schedule their service changes.

I FURTHER MOVE that the MTA Board direct the CEO to report back to the Board in September at the System Safety and Operations Committee and Executive Management Committee on the progress toward completing this goal.

80. ANTONOVICH MOTION that the MTA Board direct the CEO to develop a Regional Airport Connectivity Plan that will integrate our region's airports into our regional transportation system. This Regional Airport Connectivity Plan will include the following elements:

A. An implementation plan (for Board review) including but not limited to timelines, estimated costs, and potential funding sources, to implement rail connections from our Metrolink and MTA rail system to the following airports:

  • Bob Hope Airport
  • Long Beach Airport
  • Ontario Airport
  • Los Angeles International Airport
  • Palmdale Airport

B. A review of current transit options to the aforementioned airports, with analysis on service gaps, transfers and general inefficiencies, with a comprehensive proposal to improve these transit connections in the near term.

C. Input from the Federal Aviation Administration and Southern California Association of Governments on potential for funding and support to meet the goals of providing stronger transit connectivity to our region's airports.

D. A report from LAWA on how to expedite the construction of the LAX airport connector to open concurrent with the Crenshaw/LAX project.

E. An overview of what level of coordination and funding is required from our partner agencies—including but not limited to SANBAG, Metrolink, Amtrak and LAWA—to assist MTA with the development of this plan.

I FURTHER MOVE that the MTA Board direct the CEO to return to the Planning and Programming Committee and full Board in September with an update on this Plan's progress and to complete this plan by November 30, 2012 for Board consideration in December.

END OF NON-CONSENT ITEMS 45. CLOSED SESSION:

A. Conference with Real Estate Negotiator – G.C. 54956.8:

1. Property: 317 South Broadway, Los Angeles, CA Agency negotiator: Roger Moliere Negotiating parties: Grand Central Square, LP Under negotiation: Terms of payment CONSTRUCTION COMMITTEE RECOMMENDED (3-0) APPROVAL:

2. Property: 3630 Crenshaw Blvd, Los Angeles CA Agency negotiator: Velma Marshall Negotiating party: Lacey Oliver Under negotiation: Price (Just Compensation)

3. Property: 3510 West Exposition Blvd., Los Angeles, CA Agency negotiator: Velma Marshall Negotiating party: Masjied Al-Mumin Under negotiation: Price (Just Compensation)

B. Conference with Legal Counsel – Pending Litigation – G.C. 54956.9(a):

1. Kyung Sook Choi v. LACMTA, LASC Case No. BC461727

2. Gabriel Ogundele v. LACMTA, LASC Case No. BC460756

3. Maria Cumplido v. LACMTA, LASC Case No. BC463822

4. Josefina Torres v. LACMTA, LASC Case No. BC442286

(CARRIED OVER FROM JUNE'S REGULAR BOARD MEETING)

5. Martin Guzman-Gomez v. LACMTA, LASC Case No. VC058743

6. Today's IV, Inc., dba Westin Bonaventure Hotel and Suites v. LACMTA, LASC Case No. BS137540

7. 515/555 Flower Associates, LLC v. LACMTA, LASC Case No. BS137271

C. Conference with Labor Negotiator – G.C. 54957.6:

Agency Representative: Richard Hunt

Employee Organizations: ATU, TCU, Teamsters, and AFSCME

(CARRIED OVER FROM JUNE'S REGULAR BOARD MEETING)

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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