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HomeMy WebLinkAboutC-2648llcc -yD c -26y� AGREEMENT "GOLD LINE PHASE II CONSTRUCTION AUTHORITY" (A JOINT POWERS AUTHORITY) This Agreement ("Agreement ") is made and entered into by and between the public entities whose names are set forth in Exhibit A, attached hereto and incorporated herein by this reference, and who have approved and executed this Agreement (each a "Member" and collectively, "Members"), pursuant to Section 6500 et seq. of the Government Code and other applicable law: WITNESSETH: The parties hereto do agree as follows: Section 1. Recitals. This Agreement is made and entered into with respect to the following facts: a. The Pasadena Metro Blue Line Construction Authority (the "Blue Line Construction Authority") was formed in accordance with Public Utilities Code Section 132400 et seq. and was created for the purpose of awarding and overseeing all design and construction contracts for the completion of the Los Angeles- Pasadena Metro Blue Line light rail project; b. As defined by Section 132400(e) of the Public Utilities Code, the Los Angeles - Pasadena Metro Blue Line light rail project extends from Union Station in the City of Los Angeles to Sierra Madre Villa Avenue in the City of Pasadena and also includes any mass transit guideway that may be planned extending further eastward along the rail right -of -way to the City of Claremont; C. The Blue Line Construction Authority also has all of the powers necessary for planning, acquiring, owning, controlling, using, jointly using, disposing of, designing, procuring and building the Los Angeles- Pasadena Metro Blue Line light rail project; d. The Los Angeles- Pasadena Metro Blue Line has been renamed the Gold Line by the Los Angeles County Metropolitan Transportation Authority (the " LACMTA') to avoid confusion with other commuter lines in the Los Angeles metropolitan area and the extension of this light :ail line from Pasadena to Claremont has been identified as the Gold Line Phase H light rail project (the "Gold Line Phase H "); e. The Gold Line light rail project between Union Station and Sierra Madre Villa Avenue in Pasadena (the "Gold Line Phase I") has been constructed and the LACMTA expects it to be operational in the summer of 2003. The cities of Azusa, Claremont, Duarte, Glendora, Arcadia, Laverne, Irwindale, Pomona, San Dimas, Monrovia, and Pasadena (each a "Phase R City" and collectively the "Phase H Cities ") in concert with the San Gabriel Valley Council of Goverrnnents (the "SGVCOG ") and the Blue Line Construction Authority have begun the initial planning for the Gold Line Phase R; LA # 126478 v2 r_. f It is anticipated that the Gold Line Phase II, once completely operational, will, with the concurrence of the respective city councils, include at least one stop in the cities of Azusa, Claremont, Duarte, Glendora, Arcadia, LaVeme, Irwindale, Pomona, San Dimas, and Monrovia and the existing Gold Line stop at Sierra Madre Villa Avenue �h City Phase laden will serve as the starting point for the Gold Line Phase II, thus providing planned City with at least one stop along the Gold Line Phase H. g. The public interest requires the formation of a single joint powers agency to represent the interests of the members of the Blue Line Construction Authority and the Phase H Cities as the project is planned, funded, designed and constructed; h. The public interest requires that an agency that is created to support and participate in the planning, designing and construction of the Gold Line Phase II have the authority to enter into cooperative agreements with the Blue Line Construction Authority under which said agency could assume certain rights and responsibilities, in all or in part, that are necessary to ensure the funding for and the timely planning, design and construction of the Gold Line Phase II; i. The public interest requires that each Member of an agency with the aforementioned goals be a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields; j. The public interest requires that each Member of an agency with the aforementioned goals determine by and through its legislative body that cooperation and coordination among the Phase II Cities and with the Blue Line Construction Authority and its members is required in furtherance of the public interest, necessity and convenience; and k. The public interest requires that each Member, by and through its legislative body, has independently determined that the public interest, convenience and necessity requires the execution of this Agreement by and on behalf of each such Member. Section 2. Creation of Separate Legal Entity. It is the intention of the Members to create, by means of this Agreement, a separate legal entity within the meaning of Section 6503.5 of the Government Code. Accordingly, there is hereby created a separate legal entity that shall exercise its powers in accordance with the provisions of this Agreement and applicable law. Section 3. Name. The name of said separate legal entity shall be the Gold Line Phase H Construction Authority (the "Authority "). Section 4. Purpose and Powers of the Authority. a. Purpose of Authority. The purpose of the creation of the Authority is to enable the Members to participate as fully as is necessary and appropriate in the planning, funding, design and construction of the Gold Line Phase II. It is the clear intent of the Members that the Authority not possess any power to operate the Gold Line Phase H or to maintain it after construction is completed and these responsibilities shall instead be the responsibility of the LACMTA. It is also the clear intent of the Members of the Authority to work closely with the Blue Line Construction Authority to promote efficiency of management of Gold Line Phase II, LA # 126478 v2 2 to achieve cost efficiencies and to avoid overlapping activities, all while ensuring the rapid completion of the Gold Line Phase IL The goal and intent of the Authority is one of cooperation among Members in support of the funding, planning, design and construction of the Gold Line Phase II. b, Powers. The Authority shall have, and may exercise, the following powers solely or in concert with the Blue Line Construction Authority, as may be appropriate: (1) Serve as an advocate in representing the Members of the Authority at the regional, state and federal levels on issues of importance to the Gold Line Phase II; (2) Serve as a forum for the review, consideration, study, development and recommendation of policies and plans in connection with the Gold Line Phase II; (3) Address issues of concern to the Members, collectively and individually; (4) Utilize Member resources or presently existing single purpose public and public /private groups to carry out its programs and projects; (5) Explore practical avenues for voluntary intergovernmental cooperation, coordination and action; (6) Enter into memoranda of understanding, cooperative agreements, and/or a joint powers agreement with the Blue Line Construction Authority and/or the LACMTA to enable the Authority, as necessary, to coordinate, oversee, and/or participate in the funding, planning, design and construction of the Gold Line Phase II; (7) Build a consensus among the Members to address issues, strategies and policies in connection with the Gold Line Phase II; (8) Facilitate and coordinate actiV-Lties for obtaining state, federal and regional grants in support of the Gold Line Phase II; (9) Make and enter into contracts, including contracts for the services of engineers, cow contractors, planners, attorneys and single purpose public —r-L- groups; (10) Employ agents, officers and employees; (11) Receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; LA # 12647E v2 3 (12) Lease, manage, maintain, and operate any buildings, works, or improvements, except that the LACMTA shall be solely responsible for the operation of the Gold Line Phase II and the maintenance of same after construction is complete; (13) Delegate some or all of its powers to an Executive Director as hereinafter provided; (14) Acquire, through purchase or through eminent domain proceedings, and dispose of, through sale, transfer or any other lawful means, any property necessary for, incidental to, or convenient for, the exercise of the powers of the Authority; (15) Incur indebtedness and/or issue bonds, secured solely by pledges of funds to be available for the design and construction of the Gold Line Phase II; provided, however, that any borrowings authorized hereunder shall be subject to Section 17 of this Agreement; (16) Contract with public and private entities for the planning, design, and construction of the Gold Line Phase 11; (17) Enter into cooperative or joint development agreements with local governments or private entities for any purpose that is necessary for, incidental to, or convenient for the full exercise of powers granted to the Authority; (18) Relocate or provide for the relocation of utilities as necessary for the completion of the Gold Line Phase II; (19) Exercise any implied power necessary to exercise the express powers provided for in this Section 4. C. Exercise of Powers. The Authority shall have all implied powers necessary to perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable law, this Agreement and the Bylaws. For the purpose of determining the powers of and the restrictions to be imposed on the Authority in its manner of exercising its powers pursuant to Government Code section 6509, it is understood and agreed by the Members that the Authority shall have any powers and observe any restrictions imposed upon the City of Claremont. Section 5. Creation of Governing Board. There is hereby created a Governing Board for the Authority ( "Governing Board's to conduct the affairs of the Authority. The Governing Board shall be constituted as follows: a. Designation of Governing Board Representatives. One person shall be designated as a voting representative to the Governing Board by the legislative body of each of the Members ( "Governing Board Representative "). LA # 126478 v2 4 b. Designation of Alternate Governing Board Representatives. One person shall be designated as an alternate voting representative to the Governing Board by the legislative body of each of the Members (" Alternate Governing Board Representative"). C. Eligibility. Each Governing Board Representative and Alternate Governing Board Representative shall serve at the pleasure of his/her legislative body and shall have a term of not more than four years from the date each is first designated by his/her legislative body. There shall be no limit on the number of terms that may be served by any person. Except with regard to the LACMTA and the SGVCOG, no person shall be eligible to serve as a Governing Board Representative or an Alternate Governing Board Representative unless that person is, at all times during the tenure of that person as a Governing Board Representative or Alternate Governing Board Representative, a member of the legislative body of his/her appointing Member. Should any Governing Board Representative or Alternate Governing Board Representative fail to maintain the status as required by this Section 5, that person's position on the Governing Board shall be deemed vacated as of the date such person ceases to qualify pursuant to the provisions of this Section 5 and the Member shall be entitled to appoint a qualified replacement - d. LACMTA and SGVCOG Representatives. The eligibility requirements for the LACMTA Representative and the LACMTA Alternate Representative shall be as determined by the LACMTA except that neither one may be an employee of the LACMTA. The eligibility requirements for the SGVCOG Representative and the SGVCOG Alternate Representative shall be as determined by the SGVCOG, except that neither one may be an employee of the SGVCOG. e. Compensation. Each Governing Board Representative (or Alternate Governing Board Representative when acting in the absence of the Governing Board Representative) may be compensated at a rate of not more than one hundred fifty dollars ($150.00) per regular meeting, adjourned regular meeting or special meeting of the Authority plus expenses if compensation and payment of expenses are authorized by the Governing Board. Compensation shall not exceed one thousand eight hundred dollars ($1,800.00) per year per Member, plus expenses directly related to the performance of duties imposed by the Authority. Section 6. Use of Public Funds and Property. The Authority shall be empowered to utilize for its purposes public and/or private funds, property and other resources received from the Members and/or from other sources. Where applicable, the Governing Board of the Authority may permit one or more of the Members to provide in kind services, including the use of property, in lieu of devoting cash to the funding of the Authority's activities. Section 7. Functioning of Governing Board. a. Voting and Participation. Each voting Member may cast only one vote for each action item before the Governing Board through its representatives. An Alternate Governing Board Representative may participate or vote in the proceedings of the Governing Board only in the absence of that Member's Governing Board Representative. A Governing Board Representative or Alternate Governing Board Representative seated on the Governing Board shall be entitled to participate and vote on matters pending before the Governing Board LA # 126478 Q only if such person is physically present at the meeting of the Governing Board and if the Member which that Governing Board Representative or Alternate Governing Board Representative represents has timely and fully paid dues as required by Section 29 of this Agreement or has cured any failure to timely and fully pay dues in accordance with Section 29 d. of this Agreement. b. Proxv Voting. No absentee or proxy voting shall be permitted. c, 0 uorum. A quorum of the Governing Board shall consist of not less than a majority of its total voting membership. d. Committees. As needed, the Governing Board may create permanent or ad hoc advisory committees to give advice to the Governing Board on such matters as may be referred to such committees by the Governing Board. All committees shall have a stated purpose before they are formed. All such committees shall remain in existence until they are dissolved by the Governing Board. Qualified persons shall be appointed to such committees by the pleasure of the Governing Board. Committees, unless otherwise provided by law, this Agreement, the Bylaws or by direction of the Governing Board, may be composed of Governing Board Representatives and individuals who are not Governing Board Representatives. A quorum of any such committee shall be one third (1/3) of its membership and all meetings of any such committee shall be held in accordance with the Ralph M. Brown Act (Government Code Section 54950 et seq.). e. Actions. Actions taken by the Governing Board shall be by an affirmative vote of not less than a majority of the Governing Board Representatives who are present with a quorum in attendance, unless by a provision of applicable law, this Agreement, the Bylaws or by direction of the Governing Board, a higher number of votes is required to carry a particular motion. Section 8. Duties of the Governing Board. The Governing Board shall be deemed, for all purposes, the policy malting body of the Authority. All of the powers of the Authority, except as may be expressly delegated to others pursuant to the provisions of applicable law, this Agreement, the Bylaws or by direction of the Governing Board, shall be exercised by and through the Governing Board. Section 9. Roberts Rules of Order.' The substance of Roberts Rules of Order shall apply to the proceedings of the Governing Board, except as may otherwise be provided by provisions of applicable law, this Agreement, the Bylaws or by direction of the Governing Board. Section 10. Meetings of Governing Board. The Governing Board shall, by means of the adoption of Bylaws, establish the dates and times of regular meetings of the Governing Board. The location of each such meeting shall be as directed by the Governing Board. Section 11. Election of Chairperson and Vice- Chaimerson. The Chairperson of the Governing Board shall conduct all meetings of the Governing Board and perform such other duties and functions as required of such person by provisions of applicable law, this Agreement, the Bylaws or by the direction of the Governing Board. The Vice - Chairperson shall serve as LA # 126478 Q 6 Chairperson in the absence of the Chairperson and shall perform such duties as may be required by provisions of applicable lap-, this Agreement, the Bylaws, or by the direction of the Governing Board or the Chairperson. At the first regular meeting of the Governing Board, a Governing Board Representative shall be elected to the position of Chairperson by the Governing Board, and a different Governing Board Representative shall be elected Vice - Chairperson of the Governing Board each by a vote of a majority of the total voting membership of the Governing Board. The terms of office of the Chairperson and Vice- Chairperson elected at the first regular meeting of the Governing Board shall expire on the following July 1. Thereafter, a Governing Board Representative shall be elected to the position of Chairperson of the Governing Board, and a different Governing Board Representative shall be elected to the position of Vice - Chairperson of the Governing Board, each by a vote of a majority of the total voting membership of the Governing Board, at the first regular meeting of the Governing Board held in May of each calendar year. The terms of office of the Chairperson and Vice - Chairperson shall commence and expire on July 1. If there is a vacancy, for any reason, in the position of Chairperson or Vice - Chairperson, the Governing Board shall forthwith conduct an election and fill such vacancy for the unexpired term of such prior incumbent. Section 12. Executive Director. The Governing Board may appoint by a vote of the majority of its total voting membership a qualified person to be Executive Director ("Executive Director ") on any basis it desires including, but not limited to, a contract or employee basis. The Executive Director shall be neither a Governing Board Representative, nor an Alternate Governing Board Representative, nor an elected official of any Eligible Public Entity listed in Exhibit A, nor an Ex Officio Representative, but the Executive Director may be an employee of or be under contract to the Blue Line Construction Authority and, subject to the approval of the Governing Board, may concurrently remain in the employ of or under contract to the Blue Line Construction Authority. The Executive Director shall be the chief executive officer of the Authority. The Executive Director shall serve at the pleasure of the Governing Board and may be relieved from such position at any time, with or without cause, by a vote of the majority of the total voting membership of the Governing Board taken at a regular, adjourned regular or special meeting of the Governing Board.. The Executive Director shall perform such duties as may be imposed upon that person by provisions of applicable law, this Agreement, the Bylaws, the Administrative Code or by the direction of the Governing Board. The compensation, if any, of a person holding the office of Executive Director shall be set by the Governing Board. Section 13. Desienarion of Treasurer and Chief Financial Officer. The Governing Board shall, in accordance with applicable law, designate a single, qualified person to act as the Treasurer and Chief Financial Orncer ( "Chief Financial Officer's of the Authority. The Chief Financial Officer may be an employee of or be under contract to the Blue Line Construction Authority and, subject to the approval of the Governing Board, may concurrently remain in the employ of or under contract to the Blue Line Construction Authority. The compensation, if any, of the Chief Financial Officer shall be set by the Governing Board. The Chief Financial Officer of the Authority shall have charge of the depositing and custody of all funds held by the Authority. The Chief Financial Officer shall perform such other duties as may be imposed by LA # 126478 v2 7 provisions of applicable law, including those duties described in Section 6505.5 of the Government Code, and such duties as may be required by the Governing Board. Section 14. Selection and Responsibilities of Auditor. The Governing Board shall, in accordance with all applicable law and its own procurement policies, select an independent auditor to perform such functions as may be required by provisions of applicable law, this Agreement, the Bylaws and by the direction of the Governing Board. The compensation of the Authority's Auditor shall be set by the Governing Board. Section 15. Other Officers and Employees. The Governing Board may direct the employment of such other officers or employees as it deems appropriate and necessary to conduct the affairs of the Authority. Section 16. Advisory Committee. The Governing Board shall establish an Advisory Committee (the "Committee ") at its first meeting. The Committee shall be established for the purpose of making recommendations to the Governing Board and shall be comprised of one city manager (or person holding the equivalent position, which position differs only in title), or that city manager's designee, from each current voting Member; except that, the SGVCOG's and the LACMTA's representatives shall each be of the SGVCOG's and the LACMTA's own choosing, respectively. Each current voting Member shall designate its representative to the Committee by a letter from the Member to the Governing Board and each representative shall serve at the pleasure of his/her legislative body. The Chairman of the Committee shall be a representative of a current voting Member who is elected by a majority vote of the total membership of the Committee. The Chairman shall serve a term of one year and may be re- elected to the position. The Chairman shall sit as an Ex Officio Representative of the Governing Board. A quorum of the Committee shall be one -third (1/3) of its membership. All meetings of the Committee shall be held in accordance with the Ralph M. Brown Act (Government Code Section 54950 et seq.) Section 17. Obligations of Authority. To the extent allowed by law, the debts, contract liabilities and obligations of the Authority shall be the debts, contract liabilities or obligations of the Authority alone. Further, and also to the extent allowed by law, no Member of the Authority shall be responsible, directly or indirectly, for any obligation, debt or contract liability of the Authority. Section 18. Liability Insurance and Indemnity. a. Liability Insurance. The Authority shall obtain adequate inO3rnce coverage for all of its activities and include in any insurance policies as additional named insureds the Members of the Authority, the Blue Line Construction Authority, and the boards, officers, directors, agents and employees of each of these entities. Further, the Authority shall require that parties with whom the Authority contracts agree to defend, hold ha-s—, and indemnify the Authority, the Members of the Authority, the Blue Line Construction Authority, and the boards, officers, directors, agents and employees of each of these entities. b. Indemnity. The Authority shall defend, indemnify and hold harmless Governing Board Representatives; Alternate Governing Board Representatives; committee representatives, officers, officials and employees of the Authority; Members; the Blue Line LA # 126478 Q . 8 Construction Authority; and the boards, officers, officials and employees of the Members and the Blue Line Construction Authority from and against all claims or actions brought in connection with or arising from the acts or omissions of the Authority or acts undertaken on behalf of the Authority. Section 19. Control and Investment of Authoritv Funds. The Governing Board shall adopt a policy for the control and investment of its funds and shall require strict compliance with such policy. The policy shall comply, in all respects, with all provisions of applicable law. Section 20. Implementation Agreements. When authorized by the Governing Board, affected Members may execute an implementation agreement with the Authority for the purpose of authorizing the Authority to implement, manage and administer programs in the interest of the affected Members and the local public welfare. The costs incurred by the Authority in implementing a program, including indirect costs, shall be assessed only to those Members who are parties to that implementation agreement. Section 21. Agreements with LACMTA and the Blue Line Construction Authority. a. Assets. The Authority shall enter into agreements with the LACMTA and the Blue Line Construction Authority, as appropriate, regarding the manner of ownership and other requirements relating to all real and personal property and any other assets that are accumulated in the planning, design and construction of the Gold Line Phase II, including, but not limited to, rights -of -way, documents, third -party agreements, contracts and design documents. b. Roles and Responsibilities. The Authority shall enter into a memorandum of understanding with the LACMTA and/or the Blue Line Construction Authority addressing the roles and responsibilities of the Authority, the LACMTA and the Blue Line Construction Authority in connection with the Gold Line Phase II. It is the intention of the Members that any memorandum of understanding between the Authority and the Blue Line Construction Authority and/or the LACMTA shall provide that the Authority shall be given all appropriate authority and responsibility for the planning, design and construction of the Gold Line Phase II that can be delegated to or assumed by the Authority under existing law. Any such memorandum of understanding shall also indicate, to the extent allowed by lave, that the Authority shall have the right to recommend all actions to be taken in connection with any authority or responsibility that the Blue Line Construction Authority may retain regarding the Gold Line Phase II and the Blue Line Construction Authority may accept or reject but not modify any such recommended actions. Finally, any such memorandum of understanding shall also clearly state that the Authority shall have no responsibility for and no rights, duties or authority rc_ar&mg the Gold Line Phase I. Section 22. Prohibition against Encumbrances. The Athority shall not encumber any future fare box revenue that is anticipated from the Gold Line Phase IL Further, the Authority shall not encumber the Gold Line Phase II with any obligation that is transferable to the LACMTA or the Blue Line Construction Authority without their written approval. The responsibilities of the Authority do not extend to the procurement of rolling stock for the Gold Line Phase II, which is a component of the operation of the project and which is to be administered by the LACMTA. LA # 126478 Q 9 Section 23. Term. Unless extended by written agreement of all of the Members or terminamd by written agreement of all the Members ("Unanimous Termination"), the Authority created pursuant to this Agreement shall continue in existence for a period of fifteen (15) years from the Effective Date of this Agreement as determined in accordance with Section 32; however, this Agreement may be terminated early by an affirmative vote of not less than sixty percent (60%) plus one (1) of the then total voting membership of the Governing Board ("Early Termination'. Early Termination may occur only after one or more of the following: (a) a failure on the part of all of the eligible public entities whose names are set forth on Exhibit A to this Agreement ( "Eligible Public Entities ") to adopt this Agreement by majority vote of their respective legislative bodies within one hundred eighty (180) days of the Effective Date of this Am-=ment; (b) a determination by the Governing Board, no earlier than four (4) years from the Effective Date of this Agreement, indicating that sufficient funds will not be available to complete the Gold Line Phase 11 in a reasonable period, or (c) the completion of the Gold Line Phase IL In the event of Unanimous Termination or a vote in favor of Early Termination of this Agreement, the Governing Board shall ensure that a proper and orderly wrapping up of all of the activities, responsibilities and obligations of the Authority will occur. In the event of Unanimous Termination or a vote in favor of Early Termination, the Executive Director shall thereafter recommend and the Governing Board shall approve the extent to which construction activities shall be completed before this Agreement is terminated. Section 24. Application of Laws to Authority Functions. The Authority shall comply with all applicable laws in the conduct of its affairs, including, but not limited to, the Ralph M. Brown Act. (Section 54950 et seq., of the Government Code). Section 25. Administrative Code. a. Adoetion. Not later than sixty (60) days after the Effective Date of this Agreement as described in Section 32, the Authority shall adopt those sections of the Blue Line Construction Authority Administrative Code that are applicable to the Gold Line Phase II and that are in accord with all applicable laws including but not limited to contracting and procurement laws, laws relating to contracting goals for minority and women businesses, and the Political Reform Act of 1974 (Section 81000 et se q- of the Government Code). b. Code of Conduct. The administrative code shall include a code of conduct for employees and Governing Board Representatives and Alternate Governing Board Representatives. Section 26. Members. a. Withdrawal not Permitted. A Member may not withdraw from the . thar"iy and shall each year be responsible for any Annual Dues, as defined in Section 29 c. of this Agreement and for its annual share of any and all obligations, liabilities or costs that are the responsibility of the Authority. A Member's share in the obligations, liabilities and costs of the Authority shall be calculated in proportion to the obligation of the Member to participate in the funding of the Authority. LA # 126478 vz 10 b. Admittiniz Elivible Public Entities on or before September 2.2003. Eligible Public Entities who: 1) adopt this Agreement by majority vote of their respective _ legislative bodies and 2) properly sign this Agreement on or before September 2, 2003, shall be admitted to the Authority on the effective date of this Agreement, as defined in Section 32. C. Admitting Eligible Public Entities after September 2, 2003. Eligible Public Entities who: (1) adopt this Agreement by majority vote of their respective legislative bodies and (2) properly sign this Agreement after September 2, 2003, shall be admitted to the Authority after payment of any past Initial Dues and Annual Dues, as both are defined in Section 29, and interest that is calculated from September 3, 2003, compounded monthly and determined using a rate that is approved by the Governing Board. Section 27. Interference with Function of Members. The Governing Board shall not take any action that constitutes an interference with the exercise of lawful powers by a Member of the Authority. Section 28. Schedule. The Authority shall make reasonable progress toward the completion of the Gold Line Phase II and shall proceed in accordance with any timetable for the Gold Line Phase II or any portion thereof that is now or is subsequently identified in the State Transportation Improvement Program. Section 29. Dues of Members. a. Payment of Dues. Each Phase II City that is a Member of the Authority shall have an obligation to participate in the funding of the Authority and shall be responsible for the payment to the Authority of dues. The LACMTA, the SGVCOG and the cities of South Pasadena and Los Angeles shall not be required to pay dues and shall not have any obligation to participate in the funding of the Authority, but shall, in good faith, provide assistance and support to the Authority. Further, the SGVCOG shall provide in kind services equal in value to the Initial Dues and the Annual Dues. b. Initial Dues. The initial dues shall be thirty-one Thousand Four Hundred forty-five Dollars ($31,445.00) for every Phase II City that is a Member (the "Initial Dues") and the Initial Dues shall be due and payable to the Authority on October 1, 2003. C. Annual Dues. In March'of 2004, and in each March thereafter, the Phase II Cities shall determine the Annual Dues, which shall be the same for each Phase II City that is a Member, except that if one or more additional stops for the Gold Line Phase II has been authorized, the Phase II Cities may approve, by an affirmative vote of sixty percent (60 %) plus one (1) of the Phase II Cities that are voting Members of the Authority, an adjustment to the Annual Dues of one or more Phase II Cities that takes into consideration the location of the additional stop(s) and the Phase II City (is) that will benefit therefrom. The annual dues (the "Annual Dues ") shall be due on July 1 of each year, starting in 2004. The Phase II Cities shall determine the Annual Dues after considering the recommendation of the Committee, which recommendation shall be based upon the estimated operating costs of the Authority and the projected costs of the Gold Line Phase II, both for the following year. An increase in Annual Dues of no more than five percent (5 %) from the previous year may be approved by an LA # 126478 Q 11 affirmative vote of a majority of the Phase II Cities that are current voting Members of the Authority. An increase in Annual Dues by more than five percent (5 %) from the previous year . will require an affirmative vote of sixty percent (60 %) plus one (1) of the Phase II Cities that are current voting Members of the Authority. d. Non - Payment of Initial Dues and Annual Dues. Initial Dues are delinquent sixty (60) days after payment is due and Annual Dues are delinquent thirty (30) days after payment is due. If a Member fails to pay Initial Dues or Annual Dues before they become delinquent, the Member shall be deemed to be suspended from voting on any matter before the Governing Board. Such a Member shall have its voting rights reinstated upon the payment of all dues then owed by the Member, including dues incurred prior to the suspension and during the suspension, plus interest that is compounded monthly and calculated using a rate that is approved by the Governing Board. Should a Member fail to pay dues and interest even after being suspended from participation, the Authority may take any actions allowed by law that are authorized by the Governing Board to recover any monies that are owed, and if authorized by the Governing Board, the Authority may also take other actions including, but not limited to, elimination of any planned station from the Gold Line Phase II, for any Member failing to pay dues. e. Use of Dues. Dues may be used to pay for all or part of the operating costs of the Authority and/or all or part of the planning, acquisition, design, procurement, building, staffing and all other lawful costs of the Gold Line Phase H. Section 30. Disposition of Assets. Upon termination of this Agreement, after the payment of all obligations of the Authority, any assets remaining shall be distributed to the Members in proportion to the then obligation of the Members to participate in the funding of the Authority. Section 31. Amendment This Agreement may be amended but only upon the unanimous consent of all of the legislative bodies of the Members hereto. Section 32. Effective Date. The effective date ("Effective Date ") of this Agreement shall be September 3, 2003, if eight (8) of the Eligible Public Entities adopt this Agreement by a majority vote of their legislative body and sign this Agreement by that date. If eight (8) of the Eligible Public Entities have not signed this Agreement by September 3, 2003, then the Effective Date of this Agreement shall be the first date on which eight (8) of the Eligible Public Entities adopt and sign this Agreement. ra # 126478 v2 12 EXHIBIT A Eligible Public Entities Arcadia Azusa Claremont Duarte Glendora Irwindale LaVerne LACMTA Los Angeles Monrovia Pasadena Pomona San Dimas SGVCOG South Pasadena LA # 126478 Q 14 AMENDMENT THREE Joint Exercise of Powers Agreement Gold Line Phase II Joint Powers Authority This Amendment Three to the Joint Exercise of Powers Agreement for the Gold Line Phase II Joint Powers Authority ("Amendment Three") is approved and executed by the current members of the Metro Gold Line Phase II Joint Powers Authority ("Joint Powers Authority") as set forth in Exhibit 1-B, attached hereto, and each of which must approve and execute this Amendment Three in order for Amendment Three to be effective. WITNESSETH: The Parties hereto agree as follows: Section 1. Recitals. This Amendment Three is made and entered into with respec to the following facts: a. The Joint Powers Authority was formed pursuant to Section 6500 et seq. of the Government Code with the goal and intent to cooperate among members in support of the funding, planning, design and construction of the Metro Gold Line Phase II I ght rail project ("the Gold Line Phase II"); and b. The City of Montclair has demonstrated an interest to join the Joint Powers Authority in order to work cooperatively with the Joint Powers Authority and its member cites and agencies to complete the Gold Line Phase ll including a possible extension to t e City of Ontario; and c. The City of Montclair has agreed to pay initial dues and assume other required financial responsibilities as a condition of its membership in the Joint Powers Authority. d. The City of Pasadena was a founding member of the Joint Powers Authority an by an administrative error was removed and is at this time re-inserted and not subject to any other provisions stated below; and Section 2. Initial Dues. The Initial Dues in the amount of Thirty-One Thousand Four Hundred Forty Five Dollars ($31,455.00) for the City of Montclair shall be due and payable thirty-days (30) after the effective date of membership in the Joint Powers Authority. Section 3. Terms Remain in Effect. All terms of the Joint Exercise of Powers Agree ent for the Gold Line Phase II Joint Powers Authority ("Agreement") that are not deleted or ariended by this Amendment Three remain fully in effect and the execution of this Amendment Three by each of the parties hereto signifies approval and acceptance of the Agreement as mod fied by this Amendment Two. Section 4. Annual Dues. Section 29c (Annual Dues) of the Agreement is hereby rei stated and after a three-fourths majority vote of the JPA Board Members at its April 14, 201 Board AMENDMENT THREE Pa e 1 of 5 Meeting. Annual Dues will be billed at the beginning of the fiscal year commencing fiscal year 2014 (July 1, 2013). With the increase of activities along the project, it remains integral to the project planning and implementation to keep information and engagement with constituent cities. The forecast budget which includes administrative expenses, fees, legal support, etc. are expected to be approximately $45,000 annually ($3,000 per member city) as follows: Revenues: 15 Member Cities X $3,000 $45,000 Total $45,000 Expenses: Board Meetings Per Diem $18,000 Meetings $ 5,000 Legal, Administrative, & Other $22,000 Total $45,000 Section 5. Effective Dates. The Effective date of this Amendment Three shall be the first date on which each of the current members of the JPA, as listed in Exhibit 1-B, shll have . approved and signed this Amendment Three. The effective date of Montclair's membe ship in the JPA shall be the first date on which each of the current members of the Joint owers Authority as well as the respective candidate city shall have approved and sign d this Amendment Three. Section 6. Counterparts. This Amendment Three may be executed in several counterparts, and all counterparts so executed shall constitute one Amendment Three, binding on all the parties hereto, notwithstanding that all of the parties are not signatory to the original or same counterpart. signature pages to follow AMENDMENT THREE Pa e 2 of 5 Arcadia Adopted November 20, 2012 * Individual Signature Pages available upon request at Foothill Gold Line Offices The current members of the JPA have caused this Amendment Three to be executed on their behalf, respectively, as follows: City of Arcadia City of Monrovia / L.,,,,ercZ4. Vjef,2 igl, / f . -.. By: Robert C. Harbicht, Mayor ted By: r Lutz, Mayor Date. City of Azusa City of Ontario -----7 r7e4e �i / J A c__. 1 a o li a- / B,: Paul Leon, Mayor Dated B Joseph R. Rocha, Mayor ated City of Claremont City of Pasadena ef ' .>i"..--'--":7, -', ,,. 43/2_ l0' c»••-,,e_ sl iok By: Larry Schroeder, Mayor bated By: erry el?, M yor Dated Y rY y City of Duarte V-- 'OMONA• c1/0/9- fief - 4 AIL By. Jo _a ana, Mayor Dated ` I y� p „z thott Rothman,Max,r , City of Glendora S•n Bar •-' .ci• �•overnments., .„, y: Gene Mur bito, Mayor `\ o ted :r; f-, rrarrr D%t.d j1=E. Jahn, Fresh nt City of Irwindale ®` City of San Dimas IOlio ati'14 1113A BC!• "rte ' ayor ed By: Curtis W. Morris, Mayor fated Julian iranda City of a Verne City of South Pasadena . c ,t 7 , qb kz._ 411 -4 . /?•//9/Z By: n Ken rick, Mayor Dated By: Michael Cacciotti, Mayor D:ted ATTEST I`i By: Chris Lowe, Clerk of the Board AMENDMENT THREE Pag- 3 of 5 * Individual Signature Pages available upon request at Foothill Gold Line Offices The authorized representative of the City of Montclair has caused this Amendment Three to be executed on the City of Montclair's behalf, respectively, as follows: City of Montclair ATTEST: 1 � � � By: Paul M. Eaton, Mayor D ted By: Y onne Smith, Deputy ►'ty Clerk .grt," gb° G./ • Cbtt AMENDMENT THREE Page 4 of 5 Exhibit 1-B Current Members of the Gold Line Phase II Joint Powers Authority Arcadia Azusa Claremont Duarte Glendora Irwindale La Verne Monrovia Ontario Pasadena Pomona San Bernardino Associated Governments (SANBag) San Dimas South Pasadena AMENDMENT THREE Page 5 of 5 , RESOLUTION NO. 6854 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AMENDMENT THREE TO THE GOLD LINE PHASE II JOINT POWERS AUTHORITY AGREEMENT WHEREAS, the cities of Arcadia, Monrovia, Duarte, Irwindale, Azusa, Glendora, San Dimas, La Verne, Pomona, Claremont, and Pasadena (collectively known as the "Phase II Cities"), the City of Ontario, the San Bernardino Associated Govemm-nts ("SANBAG") and the Metro Gold Line Foothill Extension Construction Authority .re engaged in planning efforts for light rail extension between Pasadena and Montc air ("Gold Line Phase II"); and WHEREAS, the Joint Powers Authority was formed pursuant to Section 6500 et seq. of the Government Code with the goal and intent to cooperate among mem•er cities and agencies to complete the Gold Line Phase II light rail project; and WHEREAS, the Gold Line Phase II Joint Powers Authority Agreement ("J"A ;Agreement")was approved and executed by the City of Arcadia on June 17, 2003; an• WHEREAS, the JPA Agreement was adopted by each Phase II City a d SANBAG, and the Gold Line Phase li Construction Authority ("Authority") was form-d effective September 15, 2003; and WHEREAS, the City of Montclair ("Montclair") accepted an invitation of the JP A to join the JPA as a voting member, and has agreed to pay annual dues and assume all financial and advisory responsibilities; and WHEREAS, Montclair has agreed to abide by all rules and regulations stipulate• in the JPA Agreement; and • WHEREAS, the JPA Governing Board of the Authority has affirmatively vote• to extend the membership to Montclair; and WHEREAS, the JPA Governing Board of the Authority has unanimously vote, to reinstate the annual membership dues; and WHEREAS, the City of Pasadena was a founding member of the Joint Pow rs Authority and by an administrative error was removed and is at this time re-insert d; and WHEREAS, a unanimous affirmative vote is required by the legislative body of each member of the JPA to approve any and all amendments to the JPA Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADI CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves Amendment Three to the Gold Line Phase II Joint Powers Authority Agreement, a copy of which is on file with the Office of the City Clerk, adding the City of Montclair as an authorized Member of the Gold Line Phase II Joint Power Authority, reinstating the annual dues, and re-insertin the City of Pasadena as a founding member. SECTION 2. The City Council authorizes and directs the City Manager or hi designee to take any and all necessary actions to execute Amendment Three on behal of the City of Arcadia. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] , , Passed, approved and adopted this 20th day of November 2012. /s/ Robert C. Harbicht • Mayor of the City of Arcadia ATTEST: Is/ Gene Glasco City Clerk APPROVED AS TO FORM: Stephen P. Deitsch . • City Attorney • • • 3 • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6854 was passed and adopted by the City Council of the Ci � of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of aid Council held on the 20th day of November,2012 and that said Resolution was adopte by the following vote, to wit: AYES: Council Member Amundson, Segal, Wuo and Harbicht NOES: None ABSENT: Council Member Kovacic !s/ Gene Glasea City Clerk of the City of Arcadia 4 1 Azusa Adopted November 5, 2012 The current members of the JPA have caused this Amendment Three to be executed o their behalf, respectively, as follows: City of Arcadia City of Monrovia By Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor bated City of Azusa City of Ontario ✓� %/// /2 B , Joseph R. Rocha, Mayor aced By: Paul Leon, Mayor Dated City of Claremont City of Pasadena By Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated City of Duarte City of Pomona By John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated City of Glendora San Bernardino Associated Governments By Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated City of Irwindale City of San Dimas. • By David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated City of La Verne City of South Pasadena By Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated ATTEST By: Chris Lowe, Cler' of the Board AMENDMENT THREE Page 3 of 5 Claremont Adopted November 13, 2012 Agreement No. 12-91 The current members of the JPA have caused this Amendment Three to be executed on their behalf, respectively, as follows: City of Arcadia City of Monrovia By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor Dated City of Azusa City of Ontario By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dal:d City of Claremont City of Pasadena .--;. --t--r ./1 , . _-,:Z°_`' a /3/. By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dat-d City of Duarte City of Pomona By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dat-d City of Glendora San Bernardino Associated Governments By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated City of Irwindale City of San Dimas By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated City of La Verne City of South Pasadena By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dot d ATTEST By: Chris Lowe, Cle k of the Board AMENDMENT THREE Page 3 of 5 Duarte Adopted November 13, 2012 Agreement No. 1 2-91 The current members of the JPA have caused this Amendment Three to be executed on th-ir behalf, respectively, as follows: City of Arcadia City of Monrovia By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor Dated City of Azusa City of Ontario By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor D ted City of Claremont City of Pasadena By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor bated City of Duarte City of Pomona 0 7.' r By: Jo a ana, Mayor Dated By: Elliott Rothman, Mayor bated City o Glendora San Bernardino Associated Governments ■ By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President ifated City of Irwindale City of San Dimas By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor ated City of La Verne City of South Pasadena By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor ated ATTEST 4 By: Chris Lowe, Clerk of the Board AMENDMENT THREE Page 3 of 5 Glendora November 27, 2012 Agreement No. 12-91 The current members of the JPA have caused this Amendment Three to be executed on their behalf, respectively, as follows: City of Arcadia City of Monrovia By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor D:ted. City of Azusa City of Ontario By: Joseph R. Rocha, Mayor Dated By Paul Leon, Mayor Dated City of Claremont City of Pasadena By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated City of Duarte City of Pomona By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated City of Glendora San Bernardino Associated Government .`: / �j y: Gene Mur-bito, Mayor D led By: Brad Mltzelfelt, President Dated City of Irwindale City of San Dimas. By: David Fuentes, Mayor Dated By: Curtis W.Moms, Mayor Dated City of La Verne City of South Pasadena By: Don Kendrick, Mayor Dated By: Michael Cacciotti,Mayor Dated ATTEST By: Chris Lowe, Cler of the Board AMENDMENT THREE Pag= 3 of 5 Irwindale Adopted November 14, 2012 Agreement No. 12-91 The current members of the JPA have caused this Amendment Three to be executed on their behalf, respectively, as follows: City of Arcadia City of Monrovia By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor Dated City of Azusa City of Ontario By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated City of Claremont City of Pasadena By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated City of Duarte City of Pomona By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated City of Glendora San Bernardino Associated Governments By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated City of Irwindale City of San Dimas h.,:, /1/1/1.2 B AL -fr_►err±es, Mayor ed By: Curtis W. Morris, Mayor Dated Julian A. Miranda City of La Verne City of South Pasadena By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated ATTEST 41 _ By: Chris Lowe, Clerk of the Board AMENDMENT THREE - Pas 3 of 5 RESOLUTION NO. 2012-55-2594 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ADOPTING AMENDMENT THREE TO THE GOLD LINE PHASE II CONSTRUCTION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT, ADDING THE CITY OF MONTCLAIR AS AN AUTHORIZED MEMBER OF THE GOLD LINE PHASE II CONSTRUCTION AUTHORITY WHEREAS, the City of Irwindale approved and executed the Gold Line Phase II Construction Authority Joint Powers Agreement (°Agreement") on August 25, 2003 and is a current member of the Metro Gold Line Phase II Joint Powers Authority("JPA"); and WHEREAS, IN 2004, Amendment One to the JPA Agreement authorized replacement of the San Gabriel Valley Council of Governments (SGVCOG) membership with that of San Bernardino Associated Governments as an authorized member of the Gold Line Phase II Construction Authority; and WHEREAS, Amendment Two, approved and executed in 2007, added the City of Ontario as an authorized member of the Gold Line Phase II Construction Authority; and WHEREAS, the JPA Board extended invitations of membership to the JPA to the cities of Montclair,. Upland and Rancho Cucamonga; and Montclair accepted and approved the invitation of membership to the JPA; and WHEREAS, a unanimous affirmative vote is required by the legislative body of each member of the JPA to approve any and all amendments to the Agreement. NOW, THEREFORE, the City Council of the City of Irwindale, California, resolves, determines and orders as follows: Section 1. That the City Council finds the above recitals true and correct. Section 2. The City Council hereby approved Amendment Three to the Gold Line Phase II Construction Authority Joint Powers Agreement, adding the City of Montclair as an authorized Member of the Gold Line Phase II Construction Authority. Section 3. The Deputy City Clerk shall certify the adoption of this Resolution Resolution No. 2012-55-2594 Page 1 PASSED, APPROVED, AND ADOPTED, this 14th day of November 2012. GSA 4 k--2 Julian A. Miranda, Mayor ATTEST: s ft - ct))/1_ ,Yktiib ra M. Nieto, CMC Deputy City Clerk STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) ss. CITY OF IRWINDALE ) I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2012-55-2594 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 14th day of November 2012, by the following vote: AYES: Councilmembers: Breceda, Fuentes, Garcia, Ortiz, Mayor Miranda NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None State of California , County of Los Angeles • /G14/ )1q- i City of Irwindale a M. Nieto, CMC I, Laura M. Nieto, Deputy City Clerk, do 1- .uty City Clerk hereby certify that the attached Is a full, true and correct copy of the original, and on file in the City files of the City of Irwindale,-and that I have carefully com- pared the S. -0-.with -!e ori..'qal., Res,. P-4 *ti • Par % Deputy ity lerk La Verne Adopted December 3, 2012 Agreement No. 12-91 The current members of the JPA have caused this Amendment Three to be executed on their behalf, respectively, as follows: City of Arcadia City of Monrovia By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor D ted City of Azusa City of Ontario By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated City of Claremont City of Pasadena By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated City of Duarte City of Pomona By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated City of Glendora San Bernardino Associated Governmen s By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated City of Irwindale City of San Dimas By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated City of a Verne City of South Pasadena , rif,( 7,, - ( -74b1C� By: Don Ken rick, Mayor Dated By: Michael Cacciotti, Mayor Dated ATTEST ►.' By: Chris Lowe, Clerk of the Board AMENDMENT THREE Page 3 of 5 RESOLUTION NO. 12-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, 1 COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,APPROVING 2 AMENDMENT THREEOF THE JOINT EXERCISE OF POWERS AGREEMENT GOLD LINE PHASE II JOINT POWERS AUTHORITY. 3 4 WHEREAS, the Joint Exercise of Powers Agreement for the Gold Line 5 Phase II approves amendment three adoption, approving an amendment to t e Gold Line Joint Powers Authority (JPA)to extend JPA membership the City o 6 Montclair, reinstate annual dues in the amount of$3000 per member City, an reinstate the City of Pasadena; and 7 NOW THEREFORE, the City Council of the City of La Verne 8 DETERMINES AND DIRECTS as follows: 9 Section 1. Amendment Three is made and entered into with respect to 10 the following facts: 11 a. The Joint Powers Authority was formed pursuant to Section 6500 et 12 seq. of the Government Code with the goal and intent to cooperate among members in support of the funding, planning, design and construction of the 13 Metro Gold Line Phase II light rail project("the Gold Line Phase II"); and 14 b. The City of Montclair has demonstrated an interest to join the.Joint Powers Authority in order to work cooperatively with the Joint Powers Autho ' 15 and its member cities and agencies to complete the Gold Line Phase 11 inclu ing 16 a possible extension to the City of Ontario; and 17 c. The City of Montclair has agreed to pay initial dues,and assume of er required financial responsibilities as a condition of its membership in the Joint 18 Powers Authority. 19 d. The City of Pasadena was a founding member of the Joint Powers 20 Authority and by an administrative error was removed and is at this time re inserted and subject to any other provisions stated below; and 21 Section 2. That the Mayor shall sign and the City Clerk shall attest to the 22 passage and adoption of this Resolution. 23 24 25 26 27 28 r Section 3. The City Manager shall be authorized to submit the application and to sign all necessary forms and agreements for implementing he 1 programs. 2 PASSED, APPROVED AND ADOPTED this 19th day of November, 3 2012. 4 5 6 Ma, or Do Kendrick ATTEST: 7 8 9 Evel L ch, City Clerk 10 I hereby certify that the foregoing Resolution No. 12-82 was duly and regula!ly 11 adopted by the City Council of the City of La Verne at a meeting thereof held Ion the 19th day of November, 2012, by the following vote: 12 AYES: Rosales, Carder, Redman, Rodriguez, and Mayor Kendrick. 13 NOES: None. 14 ABSENT: None. ABSTAIN: None. 15 16 :1"; S / I " 17 Eve' n L"ach, City Clerk 18 - 19 20 21 22 23 24 25 26 27 Resolution No. 12-82 2 28 Monrovia Adopted November 20, 2012 Agreement No. 12-91 The current members of the JPA have caused this Amendment Three to be executed on their behalf, respectively, as follows: City of Arcadia City of Monrovia By: Robert C. Harbicht, Mayor Dated By: :ry(Lutz, Mayor Dated City of Azusa City of Ontario By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated City of Claremont City of Pasadena By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated City of Duarte City of Pomona By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated City of Glendora San Bernardino Associated Governments By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated City of Irwindale City of San Dimas By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated City of La Verne City of South Pasadena By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated ATTEST By: Chris Lobv-, = k of the Board AMENDMENT THREE Page 3 of 5 Ontario Adopted December- 4, 2012 The current members of the JPA have caused this Amendment Three to be executed on their behalf, respectively, as follows: City of Arcadia City of Monrovia By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor bated City of Azusa City of Ontario 0I(/1 — By: Joseph R. Rocha, Mayor Dated B,: Paul Leon, Mayor P. Dated City of Claremont City of Pasadena By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated City of Duarte City of Pomona By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated City of Glendora San Bernardino Associated Governments By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated City of Irwindale City of San Dimas By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated City of La Verne City of South Pasadena By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated ATTEST fit , By: Chris Lowe, Clerk of the Board AMENDMENT THREE Page 3 of 5 The authorized representative of the City of Ontario has caused this Amendment Three o be executed on the City of Ontario's behalf, respectively, as follows: City of 0 ATTEST j. (/ —4 ' /1 I i� i))04/2-- /! Pasadena Executed May 10, 2016 The current members of the JPA have caused this Amendment Three to be executed on their behalf, respectively, as follows: City of Arcadia City of Monrovia By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor Dated City of Azusa City of Ontario By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated City of Claremont City of Pasadena Gti►' $,lrollG By: Larry Schroeder, Mayor Dated By: erry ornek, M yor Dated City of Duarte City of Pomona By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated City of Glendora San Bernardino Associated Governments By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated City of Irwindale City of San Dimas By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated City of La Verne City of South Pasadena By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated ATTEST APPROVED AS TO FORM: Tills � ,da of ` 20 By: Chris Lo .the oard fay AA'' 0/ /6 pasaeLeirt.City Attorney Aer AMENDMENT THREE MA} K Jit SKY, MC Page 3 of 5 CITY CLERK Pomona Adopted December 3, 2012 Agreement No. 12-91 The current members of the JPA have caused this Amendment Three to be executed on their behalf, respectively, as follows: City of Arcadia City of Monrovia By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz,Mayor Dated City of Azusa City of Ontario By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated City of Claremont City of Pasadena By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated City of Duarte City of Pomona By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated City of Glendora San Bernardino Associated Governments By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated City of Irwindale City of San Dimas By: David Fuentes, Mayor Dated By: Curtis W.Morris, Mayor Dated City of La Verne City of South Pasadena By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated ATTEST 10;,4 By: Chris Lowe,Clerk of the Board AMENDMENT THREE Page 3 of 5 Resolution No. 2012-188 - Exhibit A - Page 3 of 5 • --- . , .OL-UTTON NO.-20-t2-188—_ __- —— - --- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA APPROVING AMENDMENT THREE TO THE JOINT EXERCISE OF POWERS AGREEMENT (JEPA) FOR THE GOLD LINE PHASE II JOINT POWERS AUTHORITY (JPA) ALLOWING THE CITY OF MONTCLAIR TO JOIN THE JPA AND RE-INSERTING THE CITY OF PASADENA WHEREAS, the Gold Line Phase II Construction Authority ("Authority") was f rmed effective September 15,2003,pursuant to Section 6500 et seq.of the Government Code; WHEREAS,the City of Pomona has approved and executed the Joint Exercise of P,00wers Agreement for the Gold line Phase II Construction Authority ("Agreement") and is a m ber of the Authority; WHEREAS,the City of Montclair has asked to join the Authority; WHEREAS, the City of Montclair has agreed to pay dues and assume other uired financial responsibilities as a condition of this membership in the Authority; WHEREAS,the Governing Board of the Authority has voted to approve the entry of the City of Montclair into the Authority; , WHEREAS, The Governing Board of the Authority has approved the pr posed Amendment to the Agreement that would allow the entry of the City of Montclair into the Authority, require that the City of Montclair pay dues and assume financial responsibilitie$as all other dues-paying members, provide the City of Montclair with all of the rights of dues-paying members and allow the City of Montclair to join the Authority; and WHEREAS,the City of Pasadena was a founding member of the Joint Powers Authority and by an administrative error was removed and needs to be rightfully re-inserted;and WHEREAS, the affirmative vote of every member of the Authority is required for the approval of any amendment to the Agreement. NOW;THEREFORE,BAIT RESOLVED by1he"City Council ofiheCity 6f Pomona as ' "' follows: SECTION 1. The City Council hereby approves Amendment Three to the Agreement,in substantially the form submitted,and is attached hereto as Exhibit A. SECTION 2. The City Council hereby authorizes the City Manager,or her design ,to execute Amendment Three to the Agreement and any other related documents. SECTION 3. That the City Clerk shall attest and certify to the passage and ado tion of this resolution and it shall become effective immediately upon its approva5 document is a full,true and con copy of the original on file in the Pomon. lerls Off• * - Resolution No.2012-188 , Page 1 of 2 ATTEST: Ci o Pom 4 a City Clerk Resaiu'hon t!O. o«-18f.1 {pacles t-y2 t E biloit A APPROVED AND ADOPTED THIS 3RD DAY OF DECEMBER 2012. ATTEST: CITY : ry 'OMONA•)41 aga I' ll II" • / Marie Michel Ma ias,City Clerk Elliott Rothman,May r APPROVED AS TO FORM: JI4 Am. d Alvarez-Glasman,City Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF POMONA I, MARIE MICHEL MACIAS, CITY CLERK of the City of Pomona do hereby certify •:t the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Po ona held on the 3`1 day of December 2012 by the following vote: AYES: COUNCILMEMBERS: Soto,Rodriguez,Carrizosa,Lantz,Escobar,Rothman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Atchley ABSTAIN: COUNCILMEMBERS: None :e Michel Macias,City Cl rk Resolution No.2012-188 • • Page 2 of 2 San Dimas Adopted November 13, 2012 Agreement No. 12-91 The current members of the JPA have caused this Amendment Three to be executed on their behalf, respectively, as follows: City of Arcadia City of Monrovia By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor Dated City of Azusa City of Ontario By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated City of Claremont City of Pasadena By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated City of Duarte City of Pomona By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated City of Glendora San Bernardino Associated Governments By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated City of Irwindale City of San Dimas a."24 OBAI By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated City of La Verne City of South Pasadena By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated ATTEST By: Chris Lowe, Clerk of the Board AMENDMENT THREE Page 3 of 5 SAN BAG Adopted November 13, 2013 • 04024(SANBAG No.) Agreement No. 12- 1 The current members of the JPA have caused this Amendment Three to be executed on their behalf, respectively, as follows: City of Arcadia City of Monrovia By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz. Mayor Dated City of Azusa City of Ontario By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Da!led City of Claremont City of Pasadena By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated City of Duarte City of Pomona By: John Fasana, Mayor Dated By: Elliott hman, Mayor Dated City of Glendora S.n Be •: •- .ci: overnments By: Gene Murabito, Mayor Dated :•': ' 1 ' !!! ;:• Died City of Irwindale �1 E. Jahn, Presh nt Y City of fan Dimas By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor D 'fed City of La Verne City of South Pasadena By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated ATTEST qfpf By: Chris Lowe, Clerk of the Board AMENDMENT THREE Page 3 f 5 04024-03 South Pasadena Adopted December 19, 2012 Agreement No. 1 -91 The current members of the JPA have caused this Amendment Three to be executed on their behalf, respectively, as follows: City of Arcadia City of Monrovia By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor D 'led City of Azusa City of Ontario By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated City of Claremont City of Pasadena By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated City of Duarte City of Pomona By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated City of Glendora San Bernardino Associated Governments By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated City of Irwindale City of San Dimas By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated City of La Verne City of South Pasadena / /2�/y//'L e n By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated ATTEST By: Chris Lowe, Cl; of the Board AMENDMENT THREE Page 3 of 5 Montclair Adopted September 12, 2012 Agreement No. ' 2-91 The authorized representative of the City of Montclair has caused this Amendment Three to be executed on the City of Montclair's behalf, respectively, as follows: City of Montclair ATTEST: -` . \,oiravN slli„,„ By: Paul M. Eaton, Mayor D ted By: F anne.SmitFi,_Deputy •'ty Clerk • • AMENDMENT THREE Page 4 of 5 Exhibit 1-B Current Members of the Gold Line Phase II Joint Powers Authority Arcadia Azusa Claremont Duarte Glendora Irwindale La Verne Monrovia Ontario Pasadena Pomona San Bernardino Associated Governments (SANBag) San Dimas South Pasadena AMENDMENT THREE Page 5 of 5 AMENDMENT TWO ORIGIVAL JOINT EXERCISE OF POWERS AGREEMENT Gold Line Phase II Joint Powers Authority This Amendment Two to the Joint Exercise of Powers Agreement for the Gold Line Phase II Joint Powers Authority ( "Amendment Two') is approved and executed by the current members of the Gold Line Phase 11 Joint Construction Authority, a Joint Powers Authority ( "Authority ") as set forth in Exhibit 1 -13, attached hereto, and each of which must approve and execute this Amendment Two in order for the Amendment Two to be effective. This Amendment Two is also approved and executed by the City of Ontario ( "Ontario "), which approval and execution shall allow Ontario to become a member of the Authority should all of the current members listed in Exhibit 1 -B so approve this Amendment Two. WITNESSETH: The Parties hereto agree as follows: Section 1. Recitals. This Amendment Two is made and entered into with respect to the following facts: The Authority was formed pursuant to Section 6500 et seq. of the Government Code to enable its member cities and agencies to participate as fully as is necessary and appropriate in the planning, funding, design and construction of the Gold Line Phase II light rail project ( "the Gold Line Phase II °); and b. Ontario has asked to join the Authority in order to work cooperatively with the Authority and its member cities and agencies to complete the Gold Line Phase II including a possible extension to the City of Ontario; and C. Ontario has agreed to pay dues and assume other required financial responsibilities as a condition of its membership in the Authority. Section 2. Initial Dues. The Initial Dues in the amount of Thirty -One Thousand Four Hundred Forty Five Dollars ($31,455.00) for Ontario shall be due and payable thirty -days (30) after the effective date of its membership in the JPA_ Section 3. Terms Remain in Effect All terms of the Joint Exercise of Powers Agreement for the Gold Line Phase II Construction Authority, A Joint Powers Authority ( "Agreement') that are not deleted or amended by this Amendment Two remain fully in effect and the execution of this Amendment Two by each of the parties hereto signifies approval and acceptance of the Agreement as modified by this Amendment Two. Section 4. Suspension of Section 29c. Section 29c (Annual Dues) of the Agreement is hereby suspended and not in force until such time as this suspension of Section 29c is terminated by a three - fourths majority vote of the members of the JPA. Section 4. Effective Dates_ The Effective date of this Amendment Two shall be the first date on which each of the current members of the JPA, as listed in Exhibit 1 -13, shall have approved and signed this Amendment Two. The effective date of Ontario's membership in the JPA shall be the first date on which each of the current members of the Authority and Ontario shall have approved and signed this Amendment Two. Section 4. Counterparts. This Amendment Two may be executed in several counterparts, and all counterparts so executed shall constitute one Amendment Two, binding on all the parties hereto, notwithstanding that all of the parties are not signatory to the original or same counterpart. Page 1 of 4 AMENDMENT ONE JOINT EXERCISE OF POWERS AGREEMENT GOLD LINE PHASE H CONSTRUCTION AUTHORITY This Amendment One to the Joint Exercise of Powers Agreement for the Gold Line Phase II Construction Authority ( "Amendment One ") is approved and executed by the current members of the Gold Line Phase 11 Construction Authority as set forth in Exhibit 1 -A, attached hereto, and each of which must approve and execute this Amendment One in order for Amendment One to be effective. This Amendment One is also approved and executed by the San Bernardino Associated Governments (the "SANBAG "), which approval and execution shall allow SANBAG to become a member of the Gold Line Phase II Construction Authority should all of the current members listed in Exhibit I -A so approve this Amendment One. WITNESSETH: The parties hereto do agree as follows. Section 1. Recitals. This Amendment One is made and entered into with respect to the following facts: a. The Gold Line Phase II Construction Authority (the "Authority ") was formed pursuant to Section 6500 et seq. of the Government Code to enable its member cities and agencies to participate as fully as is necessary and appropriate in the planning, funding, design and construction of the Gold Line Phase II light rail project ( "the Gold Line Phase II "); b. The SANBAG has asked to join the Authority in order to work cooperatively with the Authority and its member cities and agencies to complete the Gold Line Phase I1 including a possible extension to the city of Montclair; c. The San Gabriel Valley Council of Governments (the "SGVCOG ") has voted to forego its membership in the Authority in favor of the SANBAG; and d. The SANBAG has agreed to pay dues and assume other required financial responsibilities as a condition of its membership in the Authority. Section 2. Terms Remain in Effect. All terms of the Joint Exercise of Powers Agreement for the Gold Line Phase II Construction Authority (the "Agreement ") that are not deleted or amended by this Amendment One remain fully in effect and the execution of this Amendment One by each of the parties hereto signifies approval and-acceptance of the Agreement as modified by this Amendment One. LA# 140770v2 Section 3. Replacement of SGVCOG with SANBAG. In Section 5c in the third sentence delete the phrase "and the SGVCOG". In the heading for Section 5d - delete the phrase "and SGVCOG Representatives ". In Section 5d delete the second sentence in its entirety. In Section 16 and in Exhibit A of the Agreement, wherever it may appear replace " SGVCOG" with "SANBAG ". Section 4. Change to Section 16. In the third sentence of Section 16 of the Agreement change the word "designate" to "identify ". Section 5. Change to Interest Calculation Date. In Section 26c of the Agreement, change the date from which interest is to be calculated from "September 2, 2003" to "December 31, 2003." Section 6. New Section 29a. Section 29a of the Agreement is deleted in entirety and replaced with the following new Section 29a. "a. Payment of Dues. The SANBAG and each Phase lI City that --� are­Members of the Authority shall have an obligation to participate in the funding of the Authority and shall be responsible for the payment to the Authority of dues. The LACMTA and the cities of South Pasadena and Los Angeles shall not be required to pay dues and shall not have any obligation to participate in the funding of the Authority, but shall, in good faith, provide assistance and support to the Authority." Section 7. New Section 29b. Section 29b of the Agreement is deleted in entirety and replaced with the following new Section 29b. "b. Initial Dues. The initial dues shall be Thirty -One Thousand Four Hundred Forty -Five Dollars ($31,445.00) for the SANBAG and for every Phase II City (the "Initial Dues ") and the Initial Dues shall be due and payable to the Authority on October 1, 2003, except for SANBAG whose Initial Dues shall be due and payable thirty (30) days after the effective date of its membership in the Authority." Section 8. New Section 29c. Section 29c of the Agreement is deleted in entirety and replaced with the following new Section 29c. "c. Annual Dues. In March of 2004, and in each March thereafter, the SANBAG and the Phase II Cities shall determine the Annual Dues, which shall be the same for the SANBAG and for each Phase II City that is a Member, except that if one or more additional stops for the Gold Line Phase II has been authorized, the SANBAG and the Phase II Cities may approve, by an affirmative vote of sixty percent (60 %) plus one (1) of the Phase It Cities plus SANBAG that are voting Members of the Authority, an adjustment to the Annual Dues of one or more Phase II Cities and of SANBAG that takes into consideration the location of the additional stop(s) and the Phase II City(ies) and /or SANBAG that will benefit therefrom. The annual dues (the "Annual Dues ") shall be due on July I of LA #140770v2 each year, starting in 2004. The Phase Il Cities and SANBAG shall determine the Annual Dues after considering the recommendation of the Committee, which recommendation shall be based upon the estimated operating costs of the Authority and the projected costs of the Gold Line Phase II, both for the following year. An increase in Annual Dues of no more than five percent (5 %) from the previous year may be approved by an affirmative vote of a majority of the SANBAG and the Phase I I Cities that are current voting Members of the Authority. An increase in Annual Dues by more than five percent (5 %) from the previous year will require an affirmative vote of sixty percent (60 %) plus one (1) of the SANBAG and the Phase lI Cities that are current voting Members of the Authority." Section 9. Effective Dates. The effective date of this Amendment One shall be the first date on which each of the current members of the Authority, as listed in Exhibit I -A, shall have approved and signed this Amendment One. The effective date of the SANBAG's membership in the Authority shall be the first date on which each of the current members of the Authority and the SANBAG shall have approved and signed this Amendment One. Section 10. CounteWarts. This Amendment One may be executed in several counterparts, and all counterparts so executed shall constitute one Amendment One, binding on all the parties hereto, notwithstanding that all of the parties are not signatory to the original or same counterpart. The current members of the Authority and the SANBAG have caused this Amendment One to be executed on their behalf, respectively, as follows: Mayor /Chief Executive Officer/ Executive Director ATTEST City Clerk/ ec etary /ytu.ti cam-- '7', oZ0 v f� Date LA# 140770v2 EXHIBIT 1 -A Cun•ent Members of (lie Gold Line Phase II ConstrUction Authority Arcadia Azusa Claremont Duarte Glendora Irwindale LaV erne Monrovia Pomona San Dimas South Pasadena LA# 140770v2 City o Arcadia City of La Verne By: 4ger Chandler, Councilman Dated By: Jon Blickenstaff, Mayor Dated City of Azusa By: Diane Chagnon, Mayor City of Claremont By: Peter Yao, Mayor City of Duarte By: John Fasana, Councilman City of Glendora By: Doug Tessitor, Mayor City of Irwindale By: Julian Miranda, Mayor City of Monrovia Dated By: Rob Hammond, Mayor Date City of Pomona Dated By: George Hunter, Councilman Date San Bernardino Associated Governments Dated By: Paul Eaton, Board Member Date City of San Dimas Dated By: Denis Bertone, Councilman Date City of South Pasadena Dated By: Odom Stamps, Councilman ATTEST By: Chris owe, lerk of the Board Date Amendment Two Joint Exercise of Powers Authority Metro Gold Line Phase II Joint Powers Authority The current members of the JPA have caused this Amendment Two to be executed on their behalf, respectively, as follows: City of Arcadia City of La Verne By: Roger Chandler, Mayor Dated By: Jon Blickenstaff, Mayor City of Azusa City of Monrovia r• Lt / By: Diane Chagnon, Mayor 0 ad By: Rob Hammond, Mayor City of Claremont City of Pomona By: Peter Yao, Mayor Dated By: George Hunter, Councilman City of Duarte San Bernardino Associated Governments By: John Fasana, Councilman Dated By: Dennis Hansberger, President City of Glendora City of San Dimas By: Doug Tessitor, Mayor Dated By: Denis Bertone, Councilman City of Irwindale City of South Pasadena By: H. Manuel Ortiz, Mayor Dated By: Odom Stamps, Councilman ATTEST By: Chris Lowe, Clerk of the Board Page 2 of 4 Dated Dated Dated Dated Dated Dated City of Arcadia By: Roger Chandler, Mayor City of Azusa By: Diane Chagnon, Mayor Cyr—"la 7"9 eter Ya , M yor City of Duarte By: John Fasana, Councilman City of Glendora By: Doug Tessitor, Mayor City of Irwindale City of La Verne Dated By: Jon Blickenstaff, Mayor Dated City of Monrovia Dated By: Rob Hammond, Mayor Date- City of Pomona 4a4t' By: George Hunter, Councilman Date San Bernardino Associated Governments Dated By: Paul Eaton, Board Member Date City of San Dimas Dated By: Denis Bertone, Councilman Date City of South Pasadena By: Julian Miranda, Mayor Dated By: Odom Stamps, Councilman Date ATTEST By: Chris Loan, Clerk of the Board Agenda Item 7.c. Page 5 of 7 Section 4. Counterparts. This Amendment Two may be executed in several counterparts, and all counterparts so executed shall constitute one Amendment Two, binding on all the parties hereto, notwithstanding that all of the parties are not signatory to the original or same counterpart. The current members of the JPA have caused this Amendment Two to be executed on their behalf, respectively, as follows: City of Arcadia City of La Verne By: Roger Chandler, Mayor Dated City of Azusa By: Diane Chagnon, Mayor Dated City of Claremont By: Peter Yao, Mayor Dated City of Duarte By: Jo Fasa a, Councilman Dated City f Glendora By: Doug Tessitor, Mayor Dated City of Irwindale By: Julian Miranda, Mayor Dated ATTEST By: Jon Blickenstaff, Mayor Dated City of Monrovia By: Rob Hammond, Mayor Dated City of Pomona By: George Hunter, Councilman Dated San Bernardino Associated Governments By: Paul Eaton, Board Member Dated City of San Dimas By: Denis Bertone, Councilman Dated City of South Pasadena By: Odom Stamps, Councilman Dated By: Chris Lowe, Clerk of the Board Amendment Two Joint Exercise of Powers Authority Metro Gold Line Phase II Joint Powers Authority The current members of the JPA have caused this Amendment Two to be executed on their behalf, respectively, as follows: City of Arcadia City of La Verne By: Roger Chandler, Mayor Dated By: Jon Blickenstaff, Mayor Dated City of Azusa City of Monrovia By: Diane Chagnon, Mayor Dated By: Rob Hammond, Mayor Dated City of Claremont City of Pomona By: Peter Yao, Mayor Dated By: George Hunter, Councilman Dated City of Duarte San Bernardino Associated Governments By: John Fasana, Councilman Dated By: Dennis Hansberger, President Dated City of Glendora City of San Dimas By: Dou essitor, Mayor L aced By: Denis Bertone, Councilman Dated City of Irwindale City of South Pasadena By: H. Manuel Ortiz, Mayor Dated By: Odom Stamps, Councilman Dated ATTEST By: Chris Lowe, Clerk of the Board Page 2 of 4 Section 6. Counterparts. This Amendment Two may be executed in several counterparts, and all counterparts so executed shall constitute one Amendment Two, binding on all the parties hereto, notwithstanding that all of the parties are not signatory to the original or same counterpart. The current members of the JPA have caused this Amendment Two to be executed on their behalf, respectively, as follows: City of Arcadia City of La Verne By: Roger Chandler, Mayor Dated By: Jon Blickenstaff, Mayor Dated City of Azusa City of Monrovia By: Rob Hammond, Mayor Dated By: Diane Chagnon, Mayor Dated City of Claremont City of Pomona By: George Hunter, Councilman Dated By: Peter Yao, Mayor Dated City of Duarte San Bernardino Associated Governments By: Paul Eaton, Board Member Dated By: John Fasana, Councilman Dated City of Glendora City of San Dimas By: Denis Bertone, Councilman Dated By: Doug Tessitor, Mayor Dated City of Irwindale City of South Pasadena By: H. Manuel 6rtiz, Mayor D fed By: Odom Stamps, Councilman Dated ATTEST By: Chris Lowe, Clerk of the Board -2- Section 4. Counterparts. This Amendment Two may be executed in several counterparts, and all counterparts so executed shall constitute one Amendment Two, binding on all the parties hereto, notwithstanding that all of the parties are not signatory to the original or same counterpart. The current members of the JPA have caused this Amendment Two to be executed on their behalf, respectively, as follows: City of Arcadia City of La Verr,e� By: Chris Lowe, Clerk of the Board L-21-20107- By: Roger Chandler, Mayor Dated 7ityof Jon Blickenstaff, Mayo tu Da d City of Azusa Monrovia Dated By: Rob Hammond, Mayor Dated By: Diane Chagnon, Mayor City of Claremont City of Pomona Dated By: George Hunter, Councilman Dated By: Peter Yao, Mayor City of Duarte San Bernardino Associated Governments Dated By: Paul Eaton, Board Member Dated By: John Fasana, Councilman City of Glendora City of San Dimas Dated By: Denis Bertone, Councilman Dated By: Doug Tessitor, Mayor City of Irwindale City of South Pasadena Dated By: Odom Stamps, Councilman Dated By: Julian Miranda, Mayor ATTEST By: Chris Lowe, Clerk of the Board which each of the current members of the Authority and Ontario shall have approved and signed this Amendment Two. Section 4. Counterparts. This Amendment Two may be executed in several counterparts, and all counterparts so executed shall constitute one Amendment Two, binding on all the parties hereto, notwithstanding that all of the parties are not signatory to the original or same counterpart. The current members of the JPA have caused this Amendment Two to be executed on their behalf, respectively, as follows: City of Arcadia By: Roger Chandler, Mayor Dated City of Azusa By: Diane Chagnon, Mayor Dated City of Claremont By: Peter Yao, Mayor Dated City of Duarte By: John Fasana, Councilman Dated City of Glendora By: Doug Tessitor, Mayor Dated City of Irwindale By: Julian Wanda, Mayor Dated ATTEST City of La Verne By: Jon Blickenstaff, Mayor Dated City of Pomona By: George Hunter, Councilman Dated San Bernardino Associated Governments By: Paul Eaton, Board Member Dated City of San Dimas By: Denis Bertone, Councilman Dated City of South Pasadena By: Odom Stamps, Councilman Dated By: Chris Lowe, Clerk of the Board Section 4. Counterparts. This Amendment Two may be executed in several counterparts, and all counterparts so executed shall constitute one Amendment Two, binding on all the parties hereto, notwithstanding that all of the parties are not signatory to the original or same counterpart. The current members of the JPA have caused this Amendment Two to be executed on their behalf, respectively, as follows: City of Arcadia City of La Verne By. Roger Chandler, Mayor Dated By: Jon Blickenstaff, Mayor City of Azusa City of Monrovia By Diane Chagnon, Mayor Dated By: Rob Hammond, Mayor City of Claremont City of Po na By: Peter Yao, Mayor Dated By: Ge r, oun ilman City of Duarte San Bernardino Asso Governments By: John Fasana, Councilman Dated By: Paul Eaton, Board Member City of Glendora City of San Dimas By. Doug Tessitor, Mayor Dated By: Denis Bertone, Councilman City of Irwindale City of South Pasadena By: Julian Miranda, Mayor Dated By: Odom Stamps, Councilman ATTEST By: Chris Lowe, Clerk of the Board Dated Dated Dated Dated Dated Section 4. Counterparts. This Amendment Two may be executed in several counterparts, and all counterparts so executed shall constitute one Amendment Two, binding on all the parties hereto, notwithstanding that all of the parties are not signatory to the original or same counterpart. The current members of the JPA have caused this Amendment Two to be executed on their behalf, respectively, as follows: City of Arcadia City of La Verne By: Roger Chandler, Mayor Dated By: Jon Blickenstaff, Mayor Dated City of Azusa City of Monrovia By: Diane Chagnon, Mayor Dated By. Rob Hammond, Mayor Dated City of Claremont City of Pomona By: Peter Yao, Mayor Dated By: George Hunter, Councilman Dated City of Duarte San Lardino ss oci a Governments — V% By: John Fasana, Councilman Dated By: Dennis Han.sberger, P sident 1Dat4d . City of Glendora City of San Dimas By: Doug Tessitor, Mayor Dated By, . Denis Bertone, Councilman Dated City of Irwindale City of South Pasadena By: Julian Miranda, Mayor Dated By: Odom Stamps, Councilman Dated ATTEST By: Chris Lowe, Clerk of the Board Amendment Two Joint Exercise of Powers Authority Metro Gold Line Phase II Joint Powers Authority The current members of the JPA have caused this Amendment Two to be executed on their behalf. respectively, as follows: City of Arcadia City of La Verne By: Roger Chandler, Mayor Dated By: Jon Blickenstaff, Mayor Dated City of Azusa City of Monrovia By: Diane Chagnon, Mayor City of Claremont By: Peter Yao, Mayor City of Duarte By: John Fasana, Councilman City of Glendora By: Doug Tessitor, Mayor City of Irwindale Dated By: Rob Hammond, Mayor City of Pomona Dated Dated By: George Hunter, Councilman Dated San Bernardino Associated Governments Dated By: Dennis Hansberger, President Dated City of San Dimas 6 Dated By: Curtis W. Morris, Mayor D ted City of South Pasadena By: H. Manuel Ortiz, Mayor Dated By: Odom Stamps, Councilman Dated ATTEST By: Chris Lowe, Clerk of the Board Page 2 of 4 Amendment Two Joint Exercise of Powers Authority Metro Gold Line Phase II Joint Powers Authority The current members of the JPA have caused this Amendment Two to be executed on their behalf, respectively, as follows: City of Arcadia City of La Verne By: Roger Chandler, Mayor Dated By: Jon Blickenstaff, Mayor Dated City of Azusa City of Monrovia By: Rob Hammond, Mayor Dated By: Diane Chagnon, Mayor Dated City of Claremont City of Pomona Dated By: George Hunter, Councilman Dated By: Peter Yao, Mayor City of Duarte San Bernardino Associated Governments Dated By: Dennis Hansberger, President Dated By: John Fasana, Councilman City of Glendora City of San Dimas Dated By: Denis Bertone, Councilman Dated By: Doug Tessitor, Mayor City of Irwindale City of South Pasadena By: om Sta s, Councilman Dated By: H. Manuel Ortiz, Mayor Dated ATTEST By: Chris Lowe, Clerk of the Board Page 2 of 4 Amendment Two Joint Exercise of Powers Authority Metro Gold Line Phase II Joint Powers Authority The current members of the JPA have caused this Amendment Two to be executed on their behalf, respectively, as follows: City of Arcadia By: Roger Chandier, Mayor City of Azusa City of La Verne Dated By: Jon Blickenstaff, Mayor Dated City of Monrovia By: Diane Chagnon, Mayor Dated By: Rob Hammond, Mayor City of Claremont City of Pomona By: Peter Yao, Mayor Dated By: George Hunter, Councilman City of Duarte San Bernardino Associated Governments By: John Fasana, Councilman Dated By: Dennis Hansberger, President City of Glendora City of San Dimas By: Doug Tessitor, Mayor Dated By: Curtis W. Moms, Mayor Dated City of Irwindale City of South Pasaden l8 !%T By: H. Manuel Ortiz, Mayor Dated By: Michael A. aicdotfi, Mayor Dated Dated Dated Dated ATTEST By: Chris Lowe, Clerk of the Board Page 2 of 4 The authorized representative of the City of Ontario has caused this Amendment Two to be executed on the City of Ontario's behalf, respectively, as follows: of Ontario By: Paul Leon, Mayor Dated ATTEST By: Ma E. Wrtes, Clerk Amendment Two Joint Exercise of Powers Authority Metro Gold Line Phase II Joint Powers Authority ORIGMA.L Exhibit 1-B Current Members of the Gold Line Phase II Joint Powers Authority Arcadia Azusa Claremont Duarte Glendora Irwindale La Verne Monrovia Ontario Pomona San Bernardino Associated Governments (SANBag) San Dimas South Pasadena ? xecutive Officer: iabib F. Balian thief Executive Officer Metro Gold Line foothill Extension Construction Authority 406 E. Huntington Dn4 Monrovia, CA Agenda Item: 7.d. TO: Chair and Members of the Technical Advisory Committee FROM: Habi . Balian, CEO DATE: March 10, 2011 SUBJECT: Consideration of JPA Meeting Time RECOMMENDATION: 626 - 471 -9030 rh 626 -471 -9049 fx That the Technical Advisory Committee consider the JPA Board meeting time options. SUMMARY: In an attempt to allow for greater public participation by Phase II cities, the Chair has asked staff to explore possible options for a meeting time that would be allow for greater participation by all member cities as well as to minimize traffic travel times. Based upon an informal discussion with various members, staff is recommending a start time from 4:00 pm to 11:00 am. BUDGET IMPLICATIONS: None at this time MOM TO: FROM: DATE: SUBJECT: Metro Gold Line Foothill Extension Construction Authority 406 E. Huntington :�hve, Suite 202 Monrovz'- -' 91016 -3633 Agenda Item: 7.e. Chair and Members of the Technical Advisory Committee Ha . Balian, CEO Marc 10, 2011 Monthly Project Status Report RECOMMENDATION: That the Technical Advisory Committee receive and file this report. SUMMARY: 626 -471 -9050 ph 626 -471 -9049 fx w^.faonili rtnsion.org This report includes a summary of activities completed through Fevruary 2011. BUDGET IMPLICATIONS: None : xecutive Officer: labib F. Ballan hief Executive Officer �J Prc i. i� � ky� -yak" ��y _ i� _ S �a ,��-'t''.,.i- rE•�'i�.,.`� �a �. .., _ D y.• '� eft � �''�.^ -^"�° , �' '�. ixs '� ��� '_ �� ,: iz• - t� 1 Metro Gold Line Connecting Los Angeles, the San Gabriel Valley and Inland Empire METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY Monthly Foothill Extension Project Status Report Period Ending — February 15, 2011 TABLE OF CONTENTS PHASE 11 FOOTHILL EXTENSION PROJECT STATUS ProjectDescription ............................................................... ............................... 3 Pasadena to Azusa Segment .................................................... ............................... 4 ManagementIssues .................................................... ............................... 4 Key Activities Completed This Period ................................ ............................... 5 KeyFuture Activities ................................................ ............................... 6 Critical Path Schedule .............................................. ............................... 7 Critical Path Float Trend ........................................... ............................... 8 Iconic Freeway Structure Contract Status ....................... ............................... 9 Azusa to Montclair Segment ............................................... ............................... 10 OntarioAirport Segment .................................................... ............................... 11 FinancialStatus .............................................................. ............................... 12 Page 2 of 12 METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY Monthly Foothill Extension Project Status Report Period Ending — February 15, 2011 FOOTHILL EXTENSION PROJECT DESCRIPTION The Authority's mandate is to plan, design and construct a 37 -mile light rail link between Downtown Los Angeles and Claremont. In addition, the San Bernardino Associated Governments (SANBAG) has requested that planning be extended one mile inside San Bernardino County to the City of Montclair and then to Ontario Airport. The Metro Gold Line Phase II (Foothill Extension) corridor includes the cities of Pasadena, Arcadia, Monrovia, Duarte, Irwindale, Azusa, Glendora, San Dimas, La Verne, Pomona, Claremont, and Montclair; and the counties of Los Angeles and San Bernardino (Figure 1). The Foothill Extension is estimated to cost approximately $1 billion_ The Foothill Extension will be built in two segments to align effectively with projected cash flows and financial capacity constraints. The first segment is defined from the Sierra Madre Villa Station in Pasadena to the city of Azusa. Revenue service along this segment is planned for the year 2014. The second segment would include an extension from Azusa to the City of Montclair with revenue service projected for the year 2017 and the third segment will be comprised of an extension from Montclair to the Ontario Airport. � #• i - y,� ��' � . s° .,� i`^„"�sn ¢�� € �.; �� .�'-z � ",' .sue -. f.� s ;w � + "c � '' v ^#' ' aa:i 4 „t�ry ,r s a � _ .T , , �'i},. •�_ �c , � a ?� a. ' s s a � �. • ,:< � "'*' T "Y 12Thrl� •�i, s $ s t �4��4 t t `'-•� .t � .��•`ak ��7t � '�' �j �� .t. s i -. �� Vtl 5 ,•� �. tauou wuNO ttKa►aoNc s4' a a 171 �:r �' eg ONTANp Xx a :'r,�^tr- Y, •� ._ s:.. -3.- r <- �EIIFIW '�- .`. ®_"`$- *,Y'"'a'- k y i+* -.'i+ r ,: l ' WW W'�. k5>" �Nr yrf- `" -• '�€ ?. ,.... •- 1<.i t * i ' <UPUENfE gupmn � fi 3 #}'' .' -''+ i`-�a *�-•Rwrwv'' - , °(*` to' na v,� t s;.1't -i t.� { ? _ oorp �o a P. °- A- "A-R 0 Figure 1: Metro Gold Line Foothill Extension Alignment Page 3 of 12 METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY Monthly Foothill Extension Project Status Report Period Ending — February 15, 2011 Pasadena to Azusa Segment MANAGEMENT ISSUES BNSF Agreement Metro continues to negotiate the BNSF Service Loss /Shared Corridor Agreement, which is needed prior to issuing a Notice to Proceed to the C1135 - Foothill Alignment Design /Build Contractor. Negotiation meetings between Metro and BNSF have produced a set of terms and agreement in principle. In December 2010, the Metro Board approved the terms of the agreement. Metro and BNSF will continue negotiations and target an executable agreement by March 2011. Army Corps of Engineers Permit The United States Army Corps of Engineers (USACE) requires the Authority to obtain four permits to permit the construction of a new bridge across the San Gabriel River. Coordination with the Army Corps of Engineers has continued during the reporting period. The Authority has moved ahead with the environmental, hydraulic, structural and regulatory elements of the permit requirements. Staff provided a field tour of the site, submitted a draft of the environmental "Purpose & Need" statement and submitted a jurisdictional delineation report. The Authority and the Corps have agreed upon a Memorandum of Agreement regarding the use of Section 214, which will provide funding to the Corps for review of the aforementioned permits. Caltrans Master Cooperative Agreement (MCA) Caltrans returned comments for the MCA in December 2010. The Metro Gold Line Construction Authority has prepared a revised proposed agreement, which considers the Caltrans comments. The proposed agreement was sent to Caltrans for a final review on February 7, 2011. The Authority now expects the MCA to be executed by March 2011. SCRRA Master Cooperative Agreement (MCA) On February 8, 2011, the MCA between SCRRA and the Authority was executed. This item will be removed from the management issues section in the next report. Page 4 of 12 METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY Monthly Foothill Extension Project Status Report Period Ending — February 15, 2011 KEY ACTIVITIES COMPLETED THIS PERIOD Staff continued reviewing the locations of utilities and identifying those that could potentially be obstructing the path of the extension. Staff has compiled a list of the utility companies that are operating in each of the respective cities along the extension and are reviewing any prior agreements with the companies in an effort to assign cost responsibility. Staff continued to develop conceptual designs for the project's parking facilities. Authority staff continued to update the C1135 contract documents, including those pertaining to environmental (ESA), noise /vibration, structure, drainage, trackwork, civil, and ROW (right -of -way) issues. Applications were submitted to the project stakeholders (corridor cities, Metro, SCRRA, and BNSF) for all remaining grade crossings. Signatures have been obtained from all stakeholders except for Metro and SCRRA for the at -grade crossings in Azusa. Once the applications are signed, they will be submitted to the California Public Utilities Commission (CPUC) for approval. Staff continues to attend coordination meetings with cities along the alignment. Held regular coordination meetings with the C1134 (DB1) Design/Build contractor. Authority staff continued evaluation of proposals received January 27th for the C1135 (DB2) contract. Held discussions with C1135 (DB2) proposers. Released the January 28th Addendum 6 and the February 11th Addendum 7 for the C1135 (DB2) RFP. Executed Master Cooperative Agreement with SCRRA. Executed Memorandum of Understanding with AT&T. Executed Utility Cooperative Agreement with Southern California Gas Company. Staff and the U.S. Army Corps of Engineers executed the Memorandum of Agreement for use of Section 214 funding. Staff prepared an estimate for the Colorado Bridge and Arcadia Station Betterments. Staff continued M&O Facility property acquisition and geotechnical investigation. Metro and BNSF continued to work toward reaching an agreement in principle for the discontinuation of service from Santa Anita Boulevard to San Gabriel River Bridge. Authority staff continues to meet with Metro staff to review and discuss the following items: • Review of status of Pasadena to Azusa segment procurement • Agreement between Metro and the BNSF Railway Page 5 of 12 METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY Monthly Foothill Extension Project Status Report Period Ending — February 15, 2011 KEY FUTURE ACTIVITIES Staff will continue discussions with corridor cities regarding station parking facilities. Staff will continue the management of the IFS contract, which will include evaluation of design and construction submittals. The Authority will continue to update the Advanced Conceptual Engineering drawings, as necessary. Staff will continue to attend to any issues that may come up by the cities along the alignment. Staff will continue to develop the utility matrix to identify long lead work items. The Authority will continue to negotiate MCAs with Caltrans and the Los Angeles County Sanitation District. The Authority will continue to work closely with LACMTA to finalize the agreement with BNSF regarding discontinuance of freight service west of Irwindale and relocation of existing sidings, including those serving the Totten Tubes facility. The Authority also plans to finalize the following property acquisitions: • TPSS 01 site o Appraisal completed. Initial offer sent 2/2/2011. • Arcadia Parking Site 1. 45 E. Santa Clara —Counteroffer (second offer) presented to seller 1/28/2011 2. 39 E. Santa Clara — Closed Escrow. 3. 214 N. Santa Anita (REI Parcel) — Seller conducting review appraisal before responding to Authority's initial offer of $165,000. • TPSS 03 site - Planning to meet with seller to review new lot lines before proceeding. • Mountain Avenue re- alignment 1. 1806 Mountain Avenue, Duarte — Homeowner contacted. Preparing Notice of Decision to Appraise. 2. 1812 Mountain Avenue, Duarte — Homeowner and tenants contacted. Preparing Notice of Decision to Appraise. • TPSS 05 site — Informed seller agency of Construction Authority's intent to acquire. • TPSS 06 site — Proposed plans for placement on Metro -owned property were approved by Metro. No land purchase required. • TPSS 07 site 1. 833 W. Sixth Street —Bank owned property. Initial letter of interest sent to bank. Ready to appraise. 2. 845 W. Sixth Street— Initial meeting with homeowner held in December. Ready to appraise_ • Rosedale Land Parcels 1. Lots L & K — Purchase and sale agreement being reviewed by seller (Rosedale Land Partners). 2. Citrus Parking Lot — Talks with the City of Azusa to establish preferred parcel configuration before beginning negotiations with Rosedale Land Partners. Page 6 of 12 METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY Monthly Foothill Extension Project Status Report Period Ending — February 15, 2011 I`DITIrAl PATH Ar-14 ULF Page 7 of 12 1iY11 Fw w.e my mn mu 1 mts 1 m1A 2@ts PRIMARY CRMCAL PATH FOOTHILL C1135 - , C1135- REQUEST FDR PROPOSAL 22r 71'. OLMI0A..".A7R11 0 C'135 -RE fOR PROPOSAL I 0 nNOVU 0 C1135 - —SUBSTANTIAL CwLE110 _ 1300 �" C1135 •» SUBSTANTIAL COMPLETION • 1300 CD,­ 0 . GUIDEWAY RETAINING WALLS RETAMING WALLS- DESIGN 27P IZi0''.._ nalaril 311F'YC 0 RETESIGN 0 WALLS- 11035+00- 120-00! SOL0I 3 1 215245 01J@2 0!003 G 107500. 1200) GRAOINGMINAGE (1035-00- 1230+001 1t5.11f5. Zo0rT12 atY:Y13 0 fRA IN RAINAGE (1035+00.1230+00) TRACK DRAINAGE(1035+00. 123-000) TG 176' i 15APR13 . 29JLL -3 0 AC DRAINAGE tIM40. 7230-00) CO#@A CTBA% ONDURS- 11035+-0•123M00/ 190' 79Pi 07pEC12 XMI3 i 0 COMP KyGO1p1@iS•(7005+00.1 OCS FOUNDATIONS 11035-00.1230+001 "0.' N - iTAPRi3 i t2AW13. 0 I i01NDmm (m." TRACK INSTALLATION- 11035+-0 - 1230+-01 16P iW' 01MAY13 � t00EC13 0 � ALLATI11N •(1035+00.723D+00) AWL" TRACK .ATp+Op TRACK INSTALLATION • f0TM00. 1035+001 99' @@• ISAUG13 CZUMa 0 I KN (8222-970-01 143* TRACK INSTALLATION •(627+22- 970+OOj 143'I14T'; 26AUG13' 1mwu 0 � I I i TRAIN CONTROL- INTERLOCK SIGNAL INSTALLATION 1N' Hir 03MC13 2S"U 0 TRAIN CONTROL- OR1EkOCK>S1pUL 5yabm.IntaPaEOn Te9irp 90 20AA.0 201" @ PARALLEL CRmC& PATH FOOTHILL MGL I I i STATE- MSO CRRIGLAPPRAISALS :iBP 10P: ZUANTI 2T 1 0 REAL ESTATE. WO CRITICALAPPRAISAI.S 'M[O CRrtICALACOlWT101Q rRM STATE- M60 CRITICAL ACOULSLTKNiS 330'1330'; 2SJULtt i I C1135 - FOOTHILL MiL� STONES 01135- D.mo6sli EuWgStW.s. �@M60 150 t7 3N0AR12 Zi T I @ 11 •D.ns.mh Eva" sivm ­ ewO I C1 o1aL fKmkT t. Mfta 00pwatimFac" T00 700! 27AUG12 ,.. 27JUL1C 0 01135 -CoroS. SECONDARY CRITICAL PATH BNSF ABANDON SERVICE AGREEMENT BNSF ABANDON SERVICE AGREEMENT 267' 17 tOMAYtOA 31JANII ! 77 IN F SERVICEAGREENIENT Page 7 of 12 METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY Monthly Foothill Extension Project Status Report Period Ending — February 15, 2011 CRITICAL PATH FLOAT TREND FLOAT May -10 Jun -10 Jul -10 Aug -10 Sep -10 Oct -10 Nov -10 Dec -10 Jan -11 10 I S- - -- - - - - - -- - -- - - - - -- - -- I - -- - FLOAT -S - - - - - - -- - -- - - -- - -- -- - -- -- - l -10 - - -- - - -- - - - - -- - -- — I j -15 -20 Critical Path Analysis Primary Critical Path 1(0 Calendar Days) Currently, the C1135 Procurement is the critical path and is on schedule to meet the Substantial Completion date. The potential Design/Build Contractors submitted their proposals per the RFP requirements on January 27, 2011 and Contract Award is planned for April 2011. Secondary Critical Path 1(21 Calendar Days) The secondary critical path originates from the BNSF Abandon Service Agreement The agreement is expected to be executed in advance of the award of the C1135 Design/Build contract. Metro is currently preparing the final agreement for BNSF concurrence. Project Float The planned Substantial Completion date was revised from September 29, 2014 to November 28, 2014, which is consistent with the planned contract duration for the C1135 Design/Build contract. The current schedule reflects a forecast completion for Substantial Completion on November 28, 2014 and is on target with the completion date; therefore the project float remains unchanged this period. Page 8 of 12 METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY Monthly Foothill Extension Project Status Report Period Ending — February 15, 2011 Description: Iconic Freeway Structure Status: January 14, 2011 Contract No.: C1134 Contractor: Skanska Progress Completed This Period: Areas of Concern: The Design/Builder received final type selection approval The Design/Builder must reconcile the differences between the from Caltrans and continues to advance the design towards Metro and Caltrans design criteria. without resolution, a 65% submittal in early March. this issue could have a potential impact on the 65% design submittal and the Substantial Completion milestone. The Authority completed a review of the following submittals this period: Payment Milestones - Final, CPM Schedule Update No. 1, Public 8 Business Mitigation Plan, Project Management Plan, QA/QC Plan Part 2, and Bridge Type. Selection Report. Schedule Assessment: Cost Assessment: Design work is progressing as scheduled with construction The current contract cost forecast is $18.6 million. The forecast scheduled to begin early August. Caltrans has authorized is within the authorized budget of $18.6 million. an earlier start on foundation work subject to advancement of design. The Design/Build Contractor continues to trend below the maximum payment curve. The total earned to date is $1.6 Million, and is 30 °k below the maximum payment available of $2.9 Million. This is due to not completing non - critical payment milestone tasks at this time. The overall Percent Complete is 11.0 °k. No change orders have peen lssueo to Date. Schedule Summary: Cost Summary: Mllion(s) Contract Award: 06/18/10 CONTRACT Contract Award Value: 18.6 Notice to Proceed (NrP) : 08/03/10 Executed Change Orders: 0.0 Current Contract Value: 18.6 Original Contract Duration: 880 Calendar Days Potential Change Orders: 0.0 Current Forecast: 18.6 Current Contract Duration: 880 Calendar Days Earned Value/Actual Cost to Date 1.6 Elapsed Time from NTP: 164 Calendar Days Board Approval 18.6 Remaining Balance 0.0 oripral cLrre,t Milestones Description contract Contract Forecast Variance m ,. 1 Substantial Corrpietion 07/03/12 07/03/12 07/04/12 1 2 Purtchlist Cortple[e 10101n2 10ro1/12 10ro2/12 1 3 Final Acceptance 12x30/12 12130/12 121 0 wouuuanna+r — — �ar rFruu Page 9 of 12 " ,o a s 31/12 1 0 wouuuanna+r — — �ar rFruu Page 9 of 12 METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY Monthly Foothill Extension Project Status Report Period Ending — February 15, 2011 Azusa to Montclair Segment Staff is working with Parsons Brinckerhoff to complete the Azusa to Montclair extension's final environmental review. ACTIVITIES COMPLETED THIS PERIOD Parsons Brinckerhoff (PB) continues to prepare the technical reports necessary for the NEPA/CEQA document. PB is approximately 75% complete with updating /refining conceptual engineering plans required for the draft NEPA/CEQA document. Four scoping meetings and an interagency scoping meeting were held January 12, 13, 19 and 20. Public comments were taken and recorded at all meetings, and the public was encouraged to submit comment in writing throughout the scoping period, which took place December 27, 2010 through February 2, 2011. All comments are currently being consolidated and will be incorporated into the Scoping Report to be published by the end of February/early March. KEY FUTURE ACTIVITIES PB will continue to work on updating the technical reports for the NEPA/CEQA documents. The team will draft responses and address them as part of the draft EIS /EIR documents. Additional meetings are being scheduled with Cities to refine station and parking alternative(s). In collaboration with Cities, the team plans to hold public workshops to discuss alignment and station concepts. Workshops are anticipated to take place in April 2011. Federal Transit Administration (FTA) The Metro Board excluded the Gold Line from seeking federal New Starts funding. The Authority will work together with Metro along with the Congressional delegation to seek additional funding. Page 10 of 12 METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY Monthly Foothill Extension Project Status Report Period Ending — February 15, 2011 Ontario Airport Segment Authority staff continues the negotiation process with KOA Corporation for the Ontario Airport segment alternatives analysis study which will likely begin later this year. ACTIVITIES COMPLETED THIS PERIOD Staff continued to pursue funding related to the Ontario Airport Segment. KEY FUTURE ACTIVITIES Authority staff will work to obtain funding for this Segment and complete negotiations with KOA. Page 11 of 12 METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY Monthly Foothill Extension Project Status Report Period Ending - February 15, 2011 PHASE II FOOTHILL EXTENSION FINANCIAL STATUS Project Operating Budget Summary in Millions of Dollars February 15, 2011 (a) ( b) (c =a -b) (d) Funding Committed to Uncommitted Revenues FINANCIAL PLAN Current Budget Project Funds Received SCAG 1.0 0.9 0.1 0.9 Interest Income 2.0 2.0 - 2.0 Bridge Replacement 13.9 13.9 - 13.9 Phase I Carryover 4.0 4.0 - 4.0 Maintenance and Operations Facility - - - - Cities 11.0 - 11.0 - Measure R - Pasadena to Azusa 735.0 690.0 45.0 15.6 Measure R - Azusa to Montclair 45.0 - 45.0 - SANBAG 55.2 1.5 53.7 1.5 Federal TCSP 2.9 2.9 - 1.5 Federal Bus Intermodal Plan 9.0 6.0 3.0 0.7 Federal New Starts 2004 MTA Passthrough 4.0 4.0 - 4.0 Federal New Starts 2005 MTA Passthrough 0.5 0.5 - 0.5 Federal New Starts 2006 Corridor Study 2.5 2.5 - 1.4 Federal /Other 281.0 - 281.0 - Total Revenues 1,167.0 728.2 438.8 46.0 (a) (b) (c) (d =a -b) Current Current Current Current Budget Obligation Expenditures Available Balance EXPENSES Program Management and Administration 91.7 35.0 32.8 56.7 Master Cooperative Agreements 12.0 - - 12.0 Real Estate including ROW Acq 30.0 30.0 Special Programs 0.3 - - 0.3 ProcurementNehicles 60.0 - - 60.0 Maintenance and Operations Facility Land 20.0 20.0 Construction - IFS 18.6 18.6 2.1 - Construction - Parking Structures 31.0 31.0 Construction Pasadena to Azusa - M &O 367.4 - 367.4 Construction Azusa to Montclair 405.0 405.0 MTA Project Costs 66.0 - 0.2 66.0 Contingency 44.0 - - 44.0 Project Resene/Financing 21.0 - - 21.0 Total Project 1,167.0 53.6 35.1 1,113.4 Page 12 of 12