Agenda - May 5, 2011
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, MAY 5, 2011 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CA 90731
BOARD OF HARBOR COMMISSIONERS
President Cindy Miscikowski
Vice President David Arian
Commissioner Kaylynn L. Kim
Commissioner Robin Kramer
Commissioner Douglas P. Krause
A. OPENING STATEMENT - AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO ADDRESS THIS BOARD
PERSONS IN THE AUDIENCE MAY ADDRESS THIS BOARD IN CONNECTION WITH ANY AGENDA ITEM OR DURING THE PUBLIC COMMENT PERIOD. AS PROVIDED BY THE BROWN ACT, THE BOARD HAS LIMITED EACH INDIVIDUAL’S SPEAKING TIME TO THREE MINUTES. ANYONE DESIRING TO SPEAK DURING THE PUBLIC COMMENT PERIOD IS REQUESTED TO COMPLETE A SPEAKER CARD AND SUBMIT IT TO THE COMMISSION SECRETARY, VIA THE SERGEANT AT ARMS, PRIOR TO THE START OF THE MEETING.
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 & 2)
Construction Division
Transmittal 2
SUMMARY: The four subject agreements will provide on-call construction management services for various construction projects throughout the Port of Los Angeles (Port). Services will include, but are not limited to, construction management, cost estimating, constructability reviews and scheduling. Projects assigned to the selected consultants will vary in scope, and may require specialized expertise. The consultants will augment Construction Division staff during peaks in the Construction Division's workload. The number, sizes and types of projects assigned to the selected consultants will be determined based on the needs of the Construction Division.
Four consultants are recommended to provide services. C2PM is a small business located in Irvine, CA, Jacobs Project Management Co. is located in Cypress, CA, Harris & Associates, Inc. is located in Irvine, CA, Integrated Engineering Management is a small business located in San Pedro CA. Each of the four agreements is for $1,000,000, with a duration of three years. The total maximum appropriation applicable to the four agreements is $4,000,000.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject Agreements can be performed more feasibly by an independent consultant, and is necessary due to a peak in work volumes and current employees are committed to other assignments; (2) approve agreements with C2PM, Jacobs Project Management Co., Harris & Associates, Inc., and Integrated Engineering Management, each in the amount of $1,000,000; and that payment is authorized from the Construction Management Services account. The Agreement duration for performance of the work will be three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to this agreement for and on behalf of the Board; and (4) adopt Resolution No. ____________.
Information Technology
Transmittal 2
SUMMARY: The Information Technology Division is requesting approval to amend the existing City of Los Angeles Harbor Department (Harbor Department) Agreement No. 09-2779 with NorthSouth GIS LLC (NSG) to an amount not-to-exceed $2,521,210 to enhance and maintain the newly implemented Geographic Information System (GIS). The amendment would increase the total agreement amount by $800,000 from $1,721,210 to $2,521,210. The expiration date of this agreement is September 9, 2012.
The original agreement was awarded by the Board of Harbor Commissioners (Board) at its August 13, 2009 meeting after a competitive Request for Proposal (RFP) process. The original agreement amount of $1,721,210 was fully reimbursed from a California Proposition 1B grant. The original scope was to implement an Enterprise GIS, including consolidating multiple Divisional GIS systems and databases that existed at the Harbor Department. This work has been successfully completed. At the time the original agreement was awarded, staff informed the Board that additional GIS work may be requested after completing the original scope. The requested amendment will increase the usefulness of the newly implemented GIS, including integrating it with other Harbor Department information systems, adding data, and providing training and maintenance services. The amendment will be funded through Harbor Department Capital Improvement Program (CIP) and operating budgets.
NSG is based in Los Angeles, California and is a qualified Small Business Enterprise (SBE); therefore, 100% of this agreement will apply towards the Department's SBE objective.
Recommendation: Board resolve to (1) approve the First Amendment with NorthSouth GIS, LLC to increase the total contract amount by $800,000 from the original amount of $1,721,210 to a new agreement amount not-to-exceed $2,521,210 for GIS enhancements and maintenance;(2) authorize the Executive Director or designee to execute and the Board Secretary to attest to the First Amendment to Agreement No. 09-2779; and (3) adopt Resolution No. ___________.
REGULAR ITEMS (3 - 6)
Construction Division
Transmittal 3
SUMMARY: This contract consists of electrical modifications, repairs, and improvements within three container terminals (Berths 214-215 Yusen Terminals Inc., Berth 304 APL Terminals, and Berths 401-405 APM Terminals) at the Port of Los Angeles (Port). At Berths 214-215, one additional Alternative Maritime Power (AMP) box will be constructed to accommodate specific vessels. At Berth 304, the existing switchgear conflicts with tenant's berthing operations and will be relocated. At Berths 401-405, the existing wiring inside the 120-foot high mast light poles have been damaged due to high winds and will be replaced. The lowest responsive and responsible bidder is KDC, Inc. dba Dynalectric (Dynalectric), located in Los Alamitos, CA 90270. The contract amount plus a 20% contingency is $4,064,400, and the contract duration is 365 calendar days.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject Contract can be performed more feasibly by an independent contractor rather than by City employees; (2) authorize the Executive Director to execute and the Board Secretary to attest to this contract for and on behalf of the Board of Harbor Commissioners; (3) award the above mentioned contract for Item Nos. 1 through 13 of the proposal schedule to Dynalectric in the amount of $3,387,000; that a 20% contingency not included in the original contract amount be applied for a total authorization of $4,064,400; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 365 calendar days from the Notice to Proceed; (4) in accordance with City Charter 655 (g), delegate and authorize the Executive Director to adjust final bid quantities and accept the construction contract upon its completion; and (5) adopt Resolution No. ___________.
Transmittal 4
Transmittal 5
SUMMARY: This contract is for the Southern Pacific Slip/Ghost Fish Enhancement project, which is one of the last components of the San Pedro Waterfront Enhancements. Work performed under this contract will improve public access, both pedestrian and vehicular, along the waterfront and provide informational signage to highlight local landmarks and points of interest. A plaza and landscaping will be created to enhance the existing gathering area at the head of the Southern Pacific Slip. The lowest responsive and responsible bidder is Sully-Miller Contracting Company, located in Brea, California. The contract amount plus a 15% contingency is $6,548,905, and the contract duration is 455 calendar days.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject contract can be performed more feasibly by an independent contractor rather than by City employees; (2) find that the bid proposal from the apparent low bidder, Pima Corporation, did not include an amount for Bid Item No. 15 in Section 00030.11 of the Specification No. 2701, and therefore is deemed non-responsive; (3) award the referenced contract, for Item Nos. 1 through 22 of the proposal schedule, to Sully-Miller Contracting Company in the amount of $5,694,700; that a 15% contingency not included in the original contract amount be added for a total authorization of $6,548,905; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 455 calendar days from the Notice to Proceed; (4) authorize the Executive Director to execute, and the Board Secretary to attest to, this contract for and on behalf of the Board; (5) in accordance with City Charter 655 (g), delegate and authorize the Executive Director to adjust final bid quantities and accept the construction contract upon its completion; and (6) adopt Resolution No ____________.
Transmittal 3
SUMMARY: The South Wilmington Grade Separation project includes construction of a grade separation structure linking Harry Bridges Boulevard, Pier A Street and Fries Avenue with a proposed new entrance to the Trans Pacific Container Service Corporation (TraPac) Terminal. This agreement provides for construction management services for the South Wilmington Grade Separation. AECOM Technical Services, Inc., located in Orange, California, is recommended to provide the required services. The Agreement amount is $3,836,300, and the Agreement duration is three years.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject Agreement can be performed more feasibly by an independent consultant, and is necessary due to a peak in work volumes, current employees committed to other assignments, and a need for grade separation construction expertise; (2) award the Agreement to AECOM Technical Services, Inc., in the amount of $3,836,300; and the payment be authorized from the Construction Management Services account. The Agreement duration for performance of the work will be three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to this Agreement for and on behalf of the Board of Harbor Commissioners; and (4) adopt Resolution No. ____________ .
Public Relations
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) periodically receives tickets and passes to various entertainment, amusement, events or performances that are subsequently distributed to Harbor Department staff or members of the Board of Harbor Commissioners for their use. The California Fair Political Practices Commission (FPPC) Regulation in California Code of Regulations, Title 2, Section 18944.1 provides that any distribution of tickets or passes by a government agency to, or at the behest of, its employees and officials must be made pursuant to a duly adopted written policy by a governing body. Otherwise, the tickets or passes are deemed to be gifts to the staff subject to gift limits and individual reporting. Harbor Department staff requests the Board of Harbor Commissioners adopt a resolution approving a Policy Regarding Distribution of Tickets and Passes, in order to comply with the FPPC regulation. This proposed Policy does not apply to invitation-only events.
Recommendation: Board resolve to (1) find that the public purposes of the Harbor Department shall be accomplished by the distribution of tickets and passes in accordance with the Los Angeles Harbor Department Policy Regarding Tickets and Passes; (2) approve the Los Angeles Harbor Department Policy Regarding Tickets and Passes (Transmittal No. 1); (3) direct Harbor Department staff to post the Los Angeles Harbor Department Policy Regarding Tickets and Passes in prominent fashion on the Harbor Department's website at www.portoflosangeles.org; and (4) adopt Resolution No. _________.
G. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
City of Los Angeles v. Colonial Yacht Anchorage, et al.,
Los Angeles Superior Court Case No. BC454598
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
American Trucking Associations, Inc. v. City of Los Angeles, et al.,
United States District Court Case No. 08-04920-CAS, and United States
Court of Appeals for the Ninth Circuit Case No. 10-56465
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b)
of Section 54956.9 regarding subject matter of EPA order on ACTA property.