Regular Agenda - August 6, 2015
REGULAR AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, AUGUST 6, 2015 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CA 90731
BOARD OF HARBOR COMMISSIONERS
Ambassador Vilma S. Martinez, President
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
A. OPENING STATEMENT - AN OPPORTUNITY FOR MEMBERS OF
THE PUBLIC TO ADDRESS THIS BOARD
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. APPROVAL OF THE MINUTES
G. PRESENTATION
H. LEVEL I COASTAL DEVELOPMENT PERMIT REPORT
The Executive Director has approved one Level I CDP:
I. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
Consent Items (1 - 7)
Office of the City Attorney
Transmittal 1
SUMMARY: The Office of the City Attorney seeks the assistance of Ramboll Environ US Corporation (Environ) to provide technical and expert litigation support services. The confidential expert consulting services pertain to environmental analysis in connection with actual or potential litigation matters. The Office of the City Attorney requests the Board of Harbor Commissioners (Board) approve and award a three-year agreement (Agreement) to Environ with an appropriation of $1,200,000. The Harbor Department is financially responsible for payment of expenses under the proposed agreement.
Recommendation: Board resolve to (1) find in accordance with the Los Angeles City Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City employees; (2) approve the Agreement with Environ in an amount not to exceed $1,200,000 for a period of three years from July 1, 2015 through June 30, 2018; (3) authorize the Executive Director to execute and the Board Secretary to attest to The Agreement; and (4) adopt Resolution No.____________.
Construction
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: This Agreement provides for a full-time master scheduler and an on-call cost estimator, as well as claims management services for Port of Los Angeles construction projects. Also included in the Agreement is a provision for training City of Los Angeles Harbor Department (Harbor Department) employees in related topics. APSI Construction Management (APSI), located in Irvine, California, is recommended to provide the required services. The Agreement amount is not-to-exceed $4,471,912, and the Agreement duration is five 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 economically and feasibly by an independent consultant, and is necessary due to a peak in work volumes, current employees being committed to other assignments, and expertise that is needed for the subject services; (2) award the Agreement to APSI Construction Management in the amount of $4,471,912; and that payment be authorized from the Construction Management Services account. The Agreement duration for the performance of the work will be five years; (3) direct the Board Secretary to forward the Agreement to the City Council for its approval pursuant to Section 373 of the City Charter, and Section 10.5 of the Los Angeles Administrative Code; (4) authorize the Executive Director to execute, and the Board Secretary to attest to, this Agreement after approval by the City Council for and on behalf of the Board; and (5) adopt Resolution No.____________.
Port Police
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into an agreement with Summit Security Services, Inc., DBA Summit of California (Summit), of Pomona, CA, for the provision of as-needed background investigations on prospective Port Police applicants, including Port Police Command Officers, Police Administrative Professional Staff, Port Security Officers and other Harbor Department employees as required. The purpose of these investigations is to determine suitability for employment. Summit has been successfully performing background investigations for the Harbor Department since August 17, 2012, under Agreement No. 12-3082 which expires on August 16, 2015. Additionally, they performed these services under Executive Director Agreement No. E6581. Port Police continues to require assistance in carrying out this function due to insufficient Harbor Department staff that are trained and available to facilitate background investigations. This action will authorize a one-year contract term with two, one-year renewal options, for an amount not to exceed $84,000. The Harbor Department is financially responsible for payment of expenses under the proposed agreement.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; (2) award the one-year Agreement to Summit of California with two one-year renewal options at an amount not to exceed $84,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (4) adopt Resolution No.____________.
Port Police
Transmittal 1
Transmittal 2
SUMMARY: On June 18, 2013, the City of Los Angeles Harbor Department (Harbor Department) entered into Agreement No. 13-3137 (Agreement) with Convergint Technologies LP (Convergint), Orange, California, to assist with the maintenance, repair, replacement, installation, and integration of equipment related to Harbor Department security systems. The Agreement was for a one-year term with two, one-year renewal options. The two renewal options have been exercised; the second and final renewal option will expire on June 17, 2016. Of the $4,000,000 contract $3,000,000 was fully reimbursable from the Department of Homeland Security's Fiscal Year 2012 Port Security Grant Program (FY 2012 PSGP); the remaining $1,000,000 cost-share was the financial responsibility of the Harbor Department. The proposed Second Amendment will add funds in the amount of $2,666,667 to the contract. The Harbor Department continues to have an obligation to maintain security systems in optimal working condition, not only for the protection of its tenants, surrounding community, and its employees, but to remain compliant with the guidelines established by the Federal Emergency Management Agency maintain equipment purchased with grant funds. The Harbor Department has applied for a Fiscal Year 2015 Port Security Grant Program (FY 2015 PSGP) grant to fund $2,000,000 of the $2,666,667 proposed herein. The Department of Homeland Security will make a final determination on grant awards on September 1, 2015. Should the Harbor Department receive the requested grant funds, $2,000,000 will be reimbursable and the remaining $666,667 will be the Harbor Department's financial responsibility. All remaining terms and conditions of this Agreement will remain in full force and effect.
Recommendation: Board resolve to (1) approve the Second Amendment to Agreement No. 13-3137 between the City of Los Angeles Harbor Department and Convergint Technologies LLC; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Amendment; and (3) adopt Resolution No.____________.
Contracts and Purchasing
Transmittal 1
Transmittal 2
SUMMARY: The Contracts and Purchasing Division (CPD) requests approval of a one-year contract with a one-year renewal option with Southern Counties Oil Co. dba SC Fuels of Orange, CA for reformulated gasoline to be used by City of Los Angeles Harbor Department (Harbor Department) vehicles and equipment for an amount not to exceed $600,000 per year, including sales tax. Many of the Harbor Department’s vehicles and small equipment currently run on gasoline and this contract locks in beneficial pricing to meet the fueling needs of the Harbor Department. This contract is the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) approve Contract No. 39761 with Southern Counties Oil Co. dba SC Fuels for a term of one year with a one-year renewal option in an amount not to exceed $600,000 per year, or a total of $1.2 million, and authorize said expenditures; (2) authorize the Executive Director and Board Secretary to execute and attest to Contract No. 39761; and (3) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) and the United States of America, acting by and through the Department of the Navy (Navy), entered into a 50-year Reciprocal Lease Agreement in 1979, whereby the Harbor Department leased land to the Navy for a Naval & Marine Corps Reserve Center (Reserve Center). In exchange, the Navy leased land to the Harbor Department known as Site 6B for the operation of the Terminal Island Container Transfer Facility (TICTF). The Harbor Department submitted an application to the U.S. Department of Transportation Maritime Administration (MARAD) requesting a no-cost, port-related Public Benefit Conveyance (PBC) of Site 6B in 1999. The Navy ceased its operations and vacated the Reserve Center in 2010 and assigned Site 6B to MARAD for conveyance to the Harbor Department in 2013. Under the Quitclaim Deed, MARAD serves as a pass-through agency for the Quitclaim Deed, which will also reserve an easement for the Navy and ownership of pipelines that transverse Site 6B.
Recommendation: Board resolve to (1) approve the Quitclaim Deed from the U.S. Department of Transportation Maritime Administration; (2) authorize the Executive Director to execute and record the Quitclaim Deed with the Los Angeles County Registrar-Recorder/County Clerk on behalf of the City of Los Angeles Harbor Department upon execution of the Third Amendment to the Lease Agreement for Site 6B; and (3) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) and the United States of America, acting by and through the Department of the Navy (Navy), entered into a 50-year Reciprocal Lease Agreement in 1979, whereby the Harbor Department leased land to the Navy for a Naval & Marine Corps Reserve Center (Reserve Center). In exchange, the Navy leased land known as Site 6B to the Harbor Department for the operation of the Terminal Island Container Transfer Facility (TICTF). The Third Amendment to Order No. 4846 is to reserve an easement and ownership of the Navy-owned fuel pipelines that transverse Site 6B to preserve the Navy's ownership right that would be otherwise conveyed to the Harbor Department, pursuant to the Second Amendment of the Lease Agreement. The Harbor Department, subsequent to approval of the Third Amendment, will enter into a Quitclaim Deed with the United States of America, acting by and through the U.S. Department of Transportation Maritime Administration (MARAD), on behalf of the Navy, for the purpose of conveying Site 6B to the Harbor Department as surplus federal property at no cost under a port-related Public Benefit Conveyance (PBC).
Recommendation: Board resolve to (1) approve the Third Amendment to the Lease Agreement (Order No. 4846) with the United States of America, Department of the Navy; (2) direct the Board Secretary to transmit the Third Amendment to the City Council pursuant to Charter Section 606; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Third Amendment upon approval by City Council; and (4) adopt Resolution No.____________.
Regular Items (8 & 9)
Construction
8. Re: RESOLUTION NO. ____________ - AWARD AND APPROVAL OF CONSTRUCTION CONTRACT CONTRACTOR: GGG DEMOLITION, INC. BERTHS 171-173 ENVIRONMENTAL SITE REMEDIATION SPECIFICATION NO. 2727
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The Berths 171-173 Environmental Site Remediation Project (Project) is required to satisfy a cleanup and abatement order from the California Regional Water Quality Control Board. The Project will remove an estimated 83,000 cubic yards of chemically-impacted soil and replace it with clean fill. The lowest responsive and responsible bidder is GGG Demolition, Inc. located in Orange, California. The contract amount, plus a 10% contingency, is $23,236,667 and the contract duration is 455 calendar days. This project will be financed through settlements concluded with Kinder Morgan, Texaco, and ConocoPhillips wherein they agreed to reimburse 60%, 25%, and 15%, respectively, of the Harbor Department's costs to remediate the site. Total project cost including pre and post construction costs is $29,498,699. The Harbor Department may be responsible for up to $2,699,219 of the total project amount that is not recoverable through the settlement agreements either because of the dollar cap on Kinder Morgan's contribution or the time limits on Texaco's and ConocoPhillips' contributions. The actual amount of the Harbor Department's responsibility will be calculated based on the final construction and post-construction groundwater monitoring costs.
Recommendation: Board resolve to (1) find that, in accordance with City Charter Section 1022, work under the subject contract can be performed more feasibly by an independent contractor rather than by City employees; (2) award and approve, subject to Recommendation No. 3 below, Specification No. 2727 for Item Nos. 1 through 44 of the proposal schedule to GGG Demolition, Inc., in the amount of $21,124,243; that a 10% contingency not included in the original contract amount be added for a total authorization of $23,236,667; and authorize payment from the City of Los Angeles Harbor Department Harbor Revenue Fund. The contract time for performance of the work will be 455 calendar days from the Notice to Proceed; (3) authorize the Executive Director to execute and the Board Secretary to attest to this contract for and on behalf of the Board; (4) in accordance with City Charter Section 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.____________.
Engineering
9. Re: RESOLUTION NO. ____________ - APPROVAL OF PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND POPULOUS, INC. FOR THE ENGINEERING, ARCHITECTURAL, AND LANDSCAPING DESIGN SERVICES FOR THE SAN PEDRO WATERFRONT - TOWN SQUARE AND PORTS O' CALL PROMENADE
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The Engineering Division recommends approval of a personal services agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Populous, Inc. (Populous), San Francisco, California, to provide professional engineering, architectural, landscape, and design services during construction for the San Pedro Waterfront - Town Square and Ports O' Call Promenade projects . The Agreement has a contract term of three years, with a not-to-exceed amount of $2,340,000. The Harbor Department is financially responsible for payment of expenses under the proposed contract.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject Agreement is temporary in nature and can be performed more feasibly by an independent contractor rather than by City of Los Angeles (City) employees; (2) approve a personal services agreement with Populous for engineering, architectural and landscaping design services for the San Pedro Waterfront - Town Square and Ports O' Call Promenade projects with a not-to-exceed amount of $2,340,000 and a term of three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
J. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Cheryl Morris v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC552974
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Crimson Pipeline Management, Inc., et al. v. Herzog Contracting Corp., City of Los Angeles, et al., United States District Court Case No. CV12‑03653 RSWL (RZx)
3. CONFERENCE WITH LEGAL COUNSEL - INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: one case.
4. 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 (one case).
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to the proposed successor permit with Al Larson Boat Shop:
Property: Berths 257-258, Terminal Island, California
City Negotiators: Jack Hedge, Sumita Thappa
Tenant Negotiator: Jack Wall
Negotiating Parties: City and Al Larson Boat Shop
Under Negotiation: Price and Terms