Noted Items Approved Under Committee Authority: 26 THROUGH 30; 51 & 53

Inclusion of alternate rail technology in year 2000 Long Range Transit Plan.

Director Fasana asked that immediate attention be given to all Red Line Stations, particularly Civic Center, replacing or cleaning graffiti from signs.

Announced cancellation of Committee and Board meetings for December.

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; (ii) install fiber for the benefit of Qwest within these conduits and (iii) install 72 strands of dark fiber for the benefit of the County of Los Angeles ("County") within one of the conduits installed by PPSI for the County's exclusive, non-commercial governmental use pursuant to the Property Transfer and Indefeasible Right to Use Agreement between the County and PPSI dated March 1, 1998.

2. A 25 year agreement with Qwest Communications permitting the commercial use, operation and maintenance of the two conduits installed by PPSI for a one-time payment of $725,000 to the 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.

3. Authorize the negotiation and execution of a reciprocal access agreement with the County of Los Angeles, subject to Board of Supervisors approval of the same, covering (i) access to the conduit containing the County's fiber optic system; (ii) payment of the prorata share of actual maintenance and related expenses; (iii) access to Metro right-of-way along the Fiber Optic Route and (iv) access to the County's Fiber Optic System.

Conflict of Interest: Antonovich, Bernson, Knabe, Molina, Riordan

1. Curls Brown & Duran
2. Fulbright & Jaworsky
3. Hawkins, Delafield, & Wood
4. Kutak, Rock
5. Nixon, Hargrave, Devans & Doyle
6. Nossaman, Guthner, Knox, & Elliott
7. O’Melveny & Myers
8. Orrick, Herrington, Sutcliffe
9. Preston, Gates, & Ellis
10. Robinson & Pearman

Conflict of Interest: Alatorre, Antonovich, Bernson, Burke, Molina, Yaroslavsky, Riordan

1. adoption of a resolution authorizing the competitive sale and issuance of Proposition C 1999-A bonds in a par amount not to exceed $300 million and, if market conditions permit, refunding of a portion of existing bonds in accordance with the debt policy; and approval of Notice Inviting Bids and Notice of Intention to Sell Bonds; and

2. appointment of O’Melveny & Myers and Robinson & Pearman as co-bond counsel and Kutak Rock as disclosure counsel for the transaction, for not to exceed fee amounts of $50,000, $25,000 and $30,000 respectively

Conflict of Interest: Alatorre, Bernson, Molina, Yaroslavsky, Riordan

1. Richard v. Metro, Case No. TC 010859
   APPROVED up to $925,000 settlement
   
2. Oviedo, et. al. v. Metro, Case No. BC 133879
   APPROVED up to $725,000 settlement
   
3. Thompson v. Metro, Case No. BC 178820
   APPROVED up to $200,000 settlement

1. Specify that lapsed STP-L funds will be redistributed to the cities and the County of Los Angeles using the STP-L allocation formula, rather than through the Call for Projects;

2. Add an appeals process for annually reviewing STP-L funds to be lapsed and include recommended justifications for exceptions to the Lapsing Policy; and

3. Establish criteria for trading STP-L funds between Los Angeles County jurisdictions.

1. The following criteria - reducing traffic congestion, increasing regional mobility, improvement to existing transit systems, service to transit-dependent, improvement to air quality shall comprise at least 80% of the total points calculated in the evaluation of each project;

2. Making the criterion "Project Readiness" a requirement rather than a "goal." Metro should expect applicants to submit projects that are realistic and result in timely completion.

REFERRED to Committee:

3. Reduce the $49.7 million reserve to $20 million which is to be used for Metro program management of the Call for Projects and project effectiveness evaluations. The "regionally significant projects" such as Transit Center Enhancements that Metro staff had identified as part of the reserve should not subjectively be funded "off the top." These projects should undergo the same rigorous evaluation process and compete with other applicants. Consequently, the balance of funds available to Call applicants would now be $538.7 million.

FAILED on a Roll Call vote, Fasana motion that the staff recommended cap on Metro’s contribution toward the required Federal local match for the TEA-21 projects be eliminated.

1. Execution of options valid through December 31, 1998 with New Flyer of America, Inc., Crookston, Minnesota, the lowest responsive, responsible bidder and authorize contracts for auxiliary contractors for the purchase of 223 CNG buses and related equipment for a total cost not to exceed $80,420,184, inclusive of all options, subject to availability of funding;

2. Negotiation and execution of a change order with New Flyer of America, Inc. to change the 223 CNG buses from high floor to low floor configurations, for a total cost not to exceed $724,193, including sales tax, subject to availability of funding and audit by MASD and FTA concurrence; and

3. Authorizing the CEO to execute change orders for this procurement in amounts less than $500,000 per change order, with cumulative change orders not to exceed 10% of the current approved contract value.

1. extension and amendment of the existing Contract No. MR040 with Sedgwick James of California, Inc. to reflect a decreased scope of work for construction related brokerage services; and

2. execution of all necessary documents to amend the existing contract to reflect reduced service fee of $520,048 per year from January 1, 1999 through December 31, 2001; subject to resolution of outstanding audit issues.

1. negotiation and execution of Change Order No. 18 to Contract A4239, Emergency Telephones, Metro Red Line, Wilshire and Vermont/Hollywood, Segment 2, and North Hollywood, Segment 3, with Williams Communications Solutions for increased monitoring capability requirements on Segments 2 and 3 emergency telephone system, in a total contract amount of $234,000, divided as follows:
   1. in an amount not to exceed $170,500 for Segment 2, which increases the contract to $1,326,840;
   2. in an amount not to exceed $63,500 for Segment 3, which increases the contract amount to $623,892;

2. an increase in the Authorization for Expenditure for:
   1. Segment 2 in the amount of $170,500, increasing the AFE amount to $1,442,474; and
   2. Segment 3 in the amount of $63,500, increasing the AFE to $679,931.

1. execution of Change Order No. 34 for Metro Red Line, North Hollywood Extension, Segment 3, for an economic price adjustment to Contract B641, for the radio system with Amelco Electric, Inc., in the amount of $233,508, increasing the contract amount to $17,232,846; and

2. an increase in the Authorization for Expenditure (AFE) in the amount of $233,508, increasing the North Hollywood Corridor, Segment 3 AFE to $6,785,618.

Conflict of Interest: Antonovich, Molina, Riordan

1. exercise of option 1 under Contract E0110 with Booz-Allen & Hamilton, Inc., to provide systems engineering and analysis for Metro Rail Projects from January 1, 1999 through December 31, 1999, in the amount of $1,192,945 for a total contract value of $3,945,745;

2. an increase to the Authorization for Expenditure (AFE) for the Metro Red Line, Vermont/Hollywood Corridor, Segment 3 (CWO301) Project 800081 in the amount of $490,820, $596,194 increasing the AFE to $1,417,620, $1,522,994 which includes a contract contingency;

3. an increase to the AFE for the Metro Red Line, North Hollywood Extension, Segment 3 (CWO302) Project 800082, in the amount of $220,558,$292,032 increasing the AFE to $455,358, $526,832 which includes a contract contingency;

4. an increase to the AFE for the Metro Green Line (D Line), Project 800023, in the amount of $14,655, $27,381 increasing the AFE to $305,055, $317,781 which includes a contract contingency;

5. an increase to the AFE for System Safety Enhancements, Project 800089 (CWO304), in the amount of $29,043, $48,053 increasing the AFE to $240,243, $259,253 which includes a contract contingency; and

6. AFE for Contract E0110 for Systemwide expenditures, Project 800275 in the amount of $463,807 to replace Project 800092 which was eliminated by the Metro for the FY 99 Budget

Conflict of Interest: Alatorre, Riordan

1. Revision No. 24 to Contract Work Order (CWO) No. 3 for Metro Red Line, Vermont/Hollywood Corridor, Segment 2, Contract E0070 with Engineering Management Consultant (EMC) for cost incurred for Design Support During Construction, in the amount of $1,775,000, which increases the total CWO value to $94,519,976; and

2. an increase to the Authorization for Expenditure (AFE) in the amount of $1,775,000, which increases the AFE to $105,976,130.

Conflict of Interest: Alatorre, Antonovich, Bernson, Burke, Knabe, Molina, Riordan

1. unilateral Contract Work Order (CWO) No. 72 to Contract E0070 with Engineering Management Consultant (EMC), for Program Office Administration for the Metro Rail Program, in the amount not to exceed $2,977,429 for payment of actual and projected costs for program administrative services from May, 1997 through February, 1999; and

2. an Authorization for Expenditure (AFE) in the amount of $3,051,457, including 10% for contingency.

Conflict of Interest: Alatorre, Antonovich, Bernson, Burke, Knabe, Molina, Riordan

1. Ratification of Revision No. 1 to CWO No. 71 for Preliminary Design Services for the Metro Red Line North Hollywood Corridor, Universal City Station, in the amount of $171,484 which increases the authorized amount to $256,480;

2. Execution of Revision No. 2 to CWO No. 71 for Final Design Services for the Metro Red Line North Hollywood Corridor, Universal City Station, in the amount of $609,993 which increases the currently authorized amount to $866,473;

3. An increase to the Authorization for Expenditure (AFE) for the North Hollywood Corridor, in the amount of $896,473 which increases the total AFE to $92,769,463.

Conflict of Interest: Alatorre, Antonovich, Bernson, Burke, Knabe, Molina, Riordan

L.K. Comstock v. Metro, Case No. 179452

APPROVED settlement up to $800,000

1. A.ratification of expenditures by Montgomery KONE for elevator services rendered during fiscal years 1997, 1998 and 1999, in the amount of $462,335, inclusive of some amounts that exceeded $100,000 in a given fiscal year and

2. ratification of expenditures in an amount not to exceed $750,000 to Van Pool Services, Inc. for vanpool services provided for employees, rendered during fiscal years 1992 through 1999, inclusive of some amounts that exceeded $100,000 in a given fiscal year.

1. Receipt and filing of Booz-Allen & Hamilton’s report "Evaluation of the Current Grade Crossing Safety Improvement Program of the Metro Blue Line"; and

2. implementation of Metro Blue Line Grade Crossing Public Outreach/Public Education programs in the amount of $289,698, using Board contingency funds.

1. negotiation and execution of Change Order 29.00 for the Metro Red Line, Vermont/Hollywood Corridor, Segment 2, communications installation Contract B648B with Steiny and Company, Inc. in an amount not to exceed $875,000, subject to merit determination and audit, increasing the total contract value to $4,617,423; and

2. an increase to the Authorization for Expenditure (AFE) of $945,762 for a total AFE of $4,980,180.

1. an amendment to Metro Red Line, Wilshire and Vermont/Hollywood Corridors, Segment 2, Contract B290, Ancillary Construction and Maintenance with Tutor-Saliba Corp., in the amount of $2,725,000, increasing the total contract value to $18,346,943; and

2. an increase to the Authorization for Expenditure (AFE) of $2,725,000 for a total AFE of $18,346,943.

Conflict of Interest: Alatorre, Antonovich, Riordan

Conflict of Interest: Alatorre, Riordan

1. Adoption of the proposed Metro Alternative Dispute Resolution policy for Rail Construction Projects, and

2. Revising the CEO’s authority to execute construction Change Orders from the current amount of $200,000 per change to $250,000 per General Contractor or subcontractor per dispute, inclusive of any required AFE adjustments.

Conflict of Interest: Bernson, Burke, Knabe, Riordan

1. Revision No. 1 to Contract Work Order (CWO) No. 62 to Contract No. E0070 with Engineering Management Consultant (EMC) for Final Design Services for the Metro Red Line North Hollywood Corridor, in the amount of $283,580, which increases the CWO value from $200,000 to $483,580;

2. Execution of Contract Work Order No. 63 to Contract No. E0070 with Engineering Management Consultant (EMC) for rail activation/system start-up services for the Metro Red line North Hollywood Corridor in the amount of $1,790,916; and

3. An increase to the Authorization for Expenditure (AFE) to Contract No. E0070 for the North Hollywood Corridor, in the amount of $2,074,496, which increases the total AFE to $93,947,486.

Conflict of Interest: Alatorre, Antonovich, Bernson, Burke, Knabe, Molina, Riordan

1. Proceeding immediately to contract for an independent audit solicit bids from at least three independent auditing firms to conduct the audit of Proposition A (1980) and Proposition C (1990) Sales Tax revenues and expenditures, in accordance with Section 5 of the Act using whatever accelerated procurement procedures are required order to ensure that the Metro may enter into a contract for the audit no later than by December 18, 1998, as required by Section 5(a) of the 1998 measure. Including delegating authority to the CEO to award and execute such contract.
2. Requesting each appointing authority for the Independent Citizens’ Advisory and Oversight Committee, as outlined in Section 6, to appoint a member of that body.
3. Amending the budget as necessary and certifying to the Board that on and after November 3, 1998 no Proposition A (1980) or Proposition C (1990) Sales Tax revenues have been or will be spent on "New Subways," as defined.
4. Amending the budget as necessary to comply with Section 8 relative to revenue allocation percentages, and certifying to the Board that the Metro is in compliance with Section 8.
5. Reporting to the Board in connection with the Regional Transit Alternatives Analysis, and all other planning efforts, on how best to implement Section 9 which authorizes expenditures of Proposition C (1990) "25% Freeways and State Highways" funds for public mass transit improvements to railroad rights-of-way.

Four Cases

1. Najera - APPROVED settlement up to $409,388
2. Sprint & Southern Pacific Railroad - Delegated authority to Chair to negotiate payment amount, and if successful, authorized proceeding to arbitration on liability issues.

Labor/Community Strategy Center v. Metro, U.S.D.C. Case No. CV945936 TJH

NO REPORT WAS MADE

Shea-Kiewit-Kenny v. Metro, Case No. BC 133505

NO REPORT WAS MADE