MTA

MINUTES/PROCEEDINGS

LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
REGULAR BOARD MEETING

BOARD OF DIRECTORS

Metro Headquarters
3rd Floor - Board Room
One Gateway Plaza
Los Angeles

September 28, 1998

Called to order at 1:25 p.m.

Directors Present:

Richard Riordan, Chair
Yvonne Brathwaite Burke, First Vice Chair
James Cragin, Second Vice Chair
Hal Bernson
John Fasana
Don Knabe
Jose Legaspi
Gloria Molina
Zev Yaroslavsky
Larry Zarian
Tony Harris, Ex-Officio

Chief Executive Officer - Julian Burke
Board Secretary - Georgia Hamilton
Inspector General - Arthur Sinai
General Counsel - County Counsel

 

1. APPROVED Consent Calendar Items 11, 13, 14, 15, 18, 20, 30, 31, 32, 33, 34

Noted Items Approved Under Committee Authority: 9 & 29
2. CARRIED OVER Minutes of Board Meetings held August 27, 1998.
3. Chief Executive Officer’s Report

NO REPORT WAS MADE
4. Chair’s Report

Presented Resolution to former Metro General Counsel David Kelsey
5. CARRIED OVER execution of an Assignment and Assumption Agreement with Engineering Management Consultants (EMC) for the assumption of EMC’s interest in their lease at 707 Wilshire Boulevard, Los Angeles, covering approximately 117,234 rentable square feet of office space and a Consent to Assignment Agreement and Ninth Amendment to Lease, in a form approved by County Counsel.
7. CARRIED OVER award of a sole source contract to Penn Machine Company, Johnstown, PA, covering the purchase of 360 tire kits for Blue Line rail cars for a total cost of $491,400 excluding taxes.
8. APPROVED, subject to compliance with Metro protest procedures, award of contracts to the lowest responsive, responsible bidders under Bid No. 01-9813, covering the procurement of new bus engine air filters, for a 27-month term at a total bid price of $288,435:
    1. Neopart Inc. - Items 1 and 3 - $ 93,095
    2. Universal Coach Parts - Item 2 - $ 68,845
    3. Interstate Filters - Items 4 and 5 - $108,883
    4. Vehicle Maintenance Program - Item 6 - $ 17,612
9. APPROVED UNDER OPERATIONS COMMITTEE AUTHORITY (4-0) award of contract to Valley Detroit Diesel Allison, Mira Loma, for the procurement of 20 Allison B400R Transmissions with W-Tech II electronics for the Neoplan CNG bus fleet, for a total bid cost of $306,153.
10. CARRIED OVER award of contract to Unique Manufacturing Corporation (UMC), on a sole source contract basis, for the purchase of 75 new bus cashboxes in the amount of $91,740.
11. APPROVED ON CONSENT CALENDAR award of contracts to the lowest responsive responsible bidders under Bid 06-9811 covering the procurement of paper stock for a five-year period for a total contract amount not to exceed $8,095,000, inclusive of four one-year options:
Annual Price
A. AFA Enterprises 64 items $675,214
B. A & R Brokers 22 items $760,833
C. Xpedx 18 items $182,953

13. APPROVED ON CONSENT CALENDAR an increase of $1,345,503 in the Authorization for Expenditure (AFE) for Contract No. B261, with Tutor-Saliba-Perrini, JV, increasing the AFE from $50,663,698 to $52,009,201, to provide funding for various change orders executed within Board-delegated authority on the Metro Red Line, Wilshire and Vermont/Hollywood Corridors (Segment 2).

Conflict of Interest: Riordan
14. APPROVED ON CONSENT CALENDAR an increase of $275,970 in the Authorization for Expenditure (AFE) for Contract No. B631, Traction Power Installation, with Fischbach and Moore, Inc. increasing the AFE from $5,764,271 to $6,040,241, to provide funding for pending and merited change notices that are within Board-delegated authority on the Metro Red Line, Wilshire and Vermont/Hollywood Corridors (Segment 2).

Conflict of Interest: Alatorre, Molina, Riordan
15. APPROVED ON CONSENT CALENDAR an increase of $349,065 in the Authorization for Expenditure (AFE) for Contract No. B271, Hollywood/Western Station with Kiewit-Shea, JV, increasing the AFE from $44,874,669 to $45,223,734, to provide funding for various change orders executed within Board-delegated authority, on the Metro Red Line, Wilshire and Vermont/Hollywood Corridors (Segment 2).
18 APPROVED ON CONSENT CALENDAR adoption of a resolution revising the Metro Records Retention Schedule.
20 APPROVED ON CONSENT CALENDAR execution of amendments to service contracts with the vendors listed below for Medical, Dental, Life, and Long Term Disability benefits for the second year of a three year contract, effective January 1, 1999 for a total estimated annual cost of $1,117,500 for the calendar year of 1999:

 

PROVIDER LOCATION BENEFIT Metro PREMIUM
A) Blue Cross of California Los Angeles Medical $148,000
B) California Care Health Plans Los Angeles Medical $ 59,000
C) Kaiser Permanente Glendale Medical $ 115,500
D) Value Options Long Beach Medical $ 4,500
E) Vision Service Plan Long Beach Medical $ 6,000
F) Delta Dental Cerritos Dental $ 24,500
G) Safeguard Health Plans Laguna Hills Dental $ 6,500
H) Dental Health Services Long Beach Dental $ 9,500
I) Standard Insurance Company Sherman Oaks Life $ 699,000
J) Chubb Group of Insurance Cos. Long Beach AD&D $ 21,500
K) UNUM Life Insurance Company LTD $ 23,500

Conflict of Interest: Riordan
21. APPROVED:
  1. negotiation and execution of a Change Order to Contract MC025 with U.S. Public Technologies, Inc. (U.S.P.T.) covering photo enforcement services on current installations for a period of nine months ending June 30, 1999 in an amount not to exceed $528,000;
  1. negotiation and execution of a Change Order to Contract MC025 with U.S.P.T. covering six (6) additional photo enforcement intersections, in an amount not to exceed $575,000, comprised of the following:
    1. construction of five (5) Photo Enforced Intersections along Washington Blvd. & Flower Street (street-running)
    2. Construction of one (1) Photo Enforced Intersection along the MBL Corridor (Cab signal)
  1. an increase to the Authorization for Expenditure (AFE) to contract No. MC025 with U.S.P.T. in the amount of $1,103,000 to cover cost of equipment repair and replacement and third party expenditures that include LADOT design reviews, permits and engineering support, increasing the total AFE from $2,404,655 to $3,507,655; and
  1. use of $55,000 from Board contingency.
22. Closed Session - Conference with Legal Counsel - Existing Litigation - G.C. 54956.9 (a)
  1. Low v. LACMetro - LASC Case No. LC039197
    APPROVED settlement in the amount of $150,000
  1. Medina v. LACMetro - LASC Case No. BC174252
    APPROVED settlement in the amount of $500,000
23. Closed Session - Conference with real property Negotiators concerning price and/or terms of payment - G.C 54956.8:

Parcel No. C3-806
Owner: Terry Lumber Co, Et. Al
Metro Red Line (Segment 3) North Hollywood

APPROVED litigation settlement in the amount of $387,000, including costs and attorney fees
25. APPROVED LEGASPI MOTION, AMENDED BY ANTONOVICH: That the Board direct the CEO to work with Caltrans District 7 and the California Highway patrol and report back in 60 days on:
  1. A restatement of the goals of freeway service patrol program;
  2. Whether there have been any measurable, negative impacts on freeway traffic directly related to the FY 98-99 cut in mid-day freeway service patrol;
  3. Support the restoration of mid-day service on some or all beats and determine what, if any, changes in freeway patrol service are necessary to meet the goals of the freeway patrol service program; and
  4. Recommended funding sources for any recommended service additions.

IT IS FURTHER RECOMMENDED that issues to be considered should include, but not necessarily be limited to:

  • Congestion levels of beats
  • Rate of assists per beat
  • Average response and delay time
  • Current mid-day service usage

Conflict of Interest: Molina
CONVENED AS SAFE BOARD
26. APPROVED amending Contract No. LAT-053-96 with Comarco Wireless Technologies, Inc. Irvine, California, for an amount not to exceed $271,619 and a duration not to exceed 18 months to provide for crash testing of the Teletypewriter (TTY) call box. The total amended value of the contract shall be $4,339,339
27. APPROVED award of a fixed price contract to Gun for Hire Film & Tape (Gun for Hire), Santa Monica, to produce a Public Service Announcement (PSA) for SAFE’s Teletypewriter (TTY) Call Box in the amount of $116,444.
RECONVENED AS Metro BOARD
29. APPROVED UNDER OPERATIONS COMMITTEE AUTHORITY (4-0) amendment to Contract No. 6294 with Inter-Con Security Systems, Inc. in the amount of $338,236 to fund additional security services, for a total contract value of $3,338,236.

Conflict of Interest: Riordan, Bernson
30. APPROVED ON CONSENT CALENDAR an increase in the Authorization for Expenditure AFE) for Contract No. B648B with Steiny and Company to provide required funding for pending and merited change notices that are within the Board-delegated authority for communications installation on the Metro Red Line, Vermont/Hollywood Corridor, Segment 2 in the amount of $491,059, for a revised AFE of $4,034,418.
31. APPROVED ON CONSENT CALENDAR:
  1. Change Notice B271-CN-156.00 to Contract no. B271 with Kiewit-Shea, JV, to settle Disputes Review Board (DRB) merited claim for payment of additional interior wall concrete for the Metro Red Line, Wilshire and Vermont Hollywood Corridor (Segment 2);
  1. negotiation and execution of the resulting Change Order B271-CO-73.00 in an amount up to the Claim Value of $770,500, subject to findings of audit; and
  1. increasing the Authorization for Expenditure (AFE) by $770,500 to $45,645,169 to cover CN 156.
32 APPROVED ON CONSENT CALENDAR award of contract to Booz Allen & Hamilton to perform the FY 95-97 Triennial Performance Audit of the transit operators for a firm fixed price of $445,134.
33. APPROVED ON CONSENT CALENDAR award of contract to Price Waterhouse Coopers to perform the FY 95-97 Triennial Performance Audit of the Los Angeles County Metropolitan Transportation Authority for a firm fixed price of $ 202,009.

Conflict of Interest: Riordan
34. APPROVED ON CONSENT CALENDAR amending the MOU with the Community Redevelopment Agency (CRA) to allow the CRA to expend up to $100,000 in previously allocated HCIP grant funds for cleaning along the Hollywood and Vermont corridors necessitated by construction delays at various Metro work sites.
35. CARRIED OVER execution of the following agreements:
  1. Amendment to the Fiber Optic Agreement between Metro and Pacific Pipeline Systems, Inc. ("PPSI") permitting PPSI to: (i) convey to Qwest Communications ("Qwest") the right to use, for commercial purposes, two conduits installed by PPSI in conjunction with their 20-inch oil pipeline located on approximately 22 miles of Metro right-of-way between the communities of Sylmar and Chinatown; and (ii) install fiber for the benefit of Qwest within the Commercial Conduits; and
  1. A twenty-five (25) year agreement with Qwest Communications permitting the commercial use, operation and maintenance of two conduits for a one-time payment of $725,000 to Metro, subject to Qwest’s option to extend the term for consecutive 25 year periods at market rates as agreed to by the parties. If the parties cannot agree, the market rates shall be established by binding arbitration prior to the end of a 25 year term.

Conflict of Interest: Riordan, Molina
36. APPROVED, AS AMENDED BY BURKE:
  1. adoption of accelerated Bus Procurement Plan;
  1. negotiating and exercising a Change Order with Neoplan USA to purchase up to 100 additional Neoplan High Floor CNG buses (subject to resolution of remaining warranty issues) in an amount not to exceed $38 million, which is inclusive of funding required for taxes, delivery, spares and optional equipment;
  1. negotiating and exercising a Change Order with New Flyer of North America on the base 222 bus buy to change to a low floor configuration, at a cost not to exceed $900,000;

    Subject to availability of funding to be presented at the October Operations and Finance & Budget Committees.

Steve Carnevale, General Counsel, announced Closed Session would include an additional item of potential litigation under G.C. 54956.9(b).
37. Closed Session
  1. Conference with Legal Counsel - Existing Litigation - G.C.54956.9(a):

    LACMetro ex rel. Michael Lissack v. Lazard Freres & Co. SFSC 98098
    APPROVED acceptance of $9 million settlement and indemnification against any claims from the IRS
  1. Conference with Legal Counsel - Anticipated Litigation - G.C. 54956.9(c)

    One Case

    NO REPORT WAS MADE
  1. Conference with Legal Counsel - Anticipated Litigation - G.C.54956.9(b)

    One Case

    NO REPORT WAS MADE
Received public comment.

The meeting adjourned at 3:24 p.m.

PREPARED BY: Rhodona Enright - Recording Secretary

Michele Jackson
Assistant Board Secretary

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