Agenda - September 20, 2012
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, SEPTEMBER 20, 2012 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 Robin M. Kramer
Commissioner Douglas P. Krause
Commissioner Dr. Sung Won Sohn
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. PRESENTATION
Cynthia Ruiz, DED External Relations - Summer Programs
G. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 5)
Contracts & Purchasing and Engineering Division
1. Re: RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39650 – SWITCHGEAR FOR BERTHS 142-147 BACKLAND IMPROVEMENTS PROJECT, BID F-807, TO GRAYBAR ELECTRIC COMPANY, INC., CITY OF INDUSTRY, CALIFORNIA
Transmittal 1
Transmittal 2
SUMMARY: The Contracts and Purchasing and Engineering Divisions recommend to award Contract No. 39650 in the amount of $2,476,980 to Graybar Electric Company, Inc. (Graybar), City of Industry, California for furnishing the transportation, labor, materials, and equipment to supply, deliver, test and commission electrical switchgear and power distribution system equipment. This switchgear equipment is required to provide electrical power distribution to feed eight new Automated Stacking Cranes (ASC) for the TraPac Container Terminal (TraPac) development.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject Contract is temporary in nature and can be performed more feasibly by an independent contractor rather than by City employees; (2) award Contract No. 39650 for furnishing, transportation, labor, materials, and equipment to design, manufacture, deliver, install, test and commission electrical switchgear and power distribution system equipment to Graybar, 383 S. Cheryl Lane, City of Industry, CA 91789 U.S.A., in a total amount (including sales tax) of $2,476,980; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Contract for and on behalf of the Board; and (4) adopt Resolution No. ____________.
Construction
2. Re: RESOLUTION NO. ____________ - COOPERATIVE AGREEMENTS BETWEEN THE CITY OF LOS ANGELES AND THE STATE OF CALIFORNIA FOR CONSTRUCTION OF PROJECT 1: JOHN S. GIBSON BLVD/I-110 FREEWAY ACCESS RAMP (IMPROVEMENTS) AND SR-47/I-110 NORTHBOUND CONNECTOR WIDENING AND PROJECT 2: “C” STREET/I-110 ACCESS RAMP IMPROVEMENTS
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department or Port of Los Angeles or Port), on behalf of the City of Los Angeles (City), has partnered with California Department of Transportation (Caltrans), on behalf of the State of California, to improve access to and from the Interstate 110 Freeway (I-110) at State Route 47 (SR-47), John S. Gibson Blvd. and “C” Street ramps. Project 1: John S. Gibson Blvd/I-110 Freeway Access Ramp Improvements and SR-47/I-110 Northbound Connector Widening
Project 2: “C” Street/I-110 Access Ramp Improvements To continue work on these two projects, Cooperative Agreements with Caltrans are required to define the respective roles and responsibilities of each agency during construction.
Recommendation: Board resolve to (1) approve Cooperative Agreement No. 07-4956 between the City of Los Angeles Harbor Department and Caltrans District 7 for the construction phase for Project 1; (2) approve Cooperative Agreement No. 07-4957 between the City of Los Angeles Harbor Department and Caltrans District 7 for the construction phase for Project 2; (3) authorize the Executive Director to execute and the Board Secretary to attest to these Cooperative Agreements for and on behalf of the Board; and (4) adopt Resolution No. ____________.
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) has committed to the timely delivery of an on-dock rail yard as part of the Berths 136 -147 (TraPac) Container Terminal Project. In order for the on-dock rail yard to be built, the Pier A Rail Yard must be relocated to a new location at Berth 200. Staff recommends that construction of the new Berth 200 Rail Yard Track Connections project (Project), Harbor Department Specification No. 2745, be performed by prequalified contractors to ensure timely completion of the project. Section 375 of the Los Angeles City Charter allows prequalification of bidders for construction contracts if the Board of Harbor Commissioners (Board) finds that utilization of such a process would benefit the City of Los Angeles (City). This Board report sets forth characteristics of the proposed project and the justification for utilizing the prequalification process to attain benefits for the City. The Project is state funded under the Proposition 1B Trade Corridor Improvement Fund (TCIF).
Recommendation: Board resolve to (1) approve the Resolution for Prequalification of Bidders, finding that utilization of the bidder prequalification process for construction of the Berth 200 Rail Yard Track Connections project would benefit the City of Los Angeles pursuant to Section 375 of the Los Angeles City Charter and Section 10.18 of the Los Angeles City Administrative Code, for the Project; and (2) adopt Resolution No. ____________.
Real Estate
4. Re: RESOLUTION NO. ____________ - RESETTING COMPENSATION UNDER PERMIT NO. 353 WITH CITY OF LOS ANGELES DEPARTMENT OF GENERAL SERVICES
Transmittals 1-4
SUMMARY: Permit No. 353 between the City of Los Angeles Harbor Department (Harbor Department) and the City of Los Angeles Department of General Services (GSD) grants the use of 92,270 square feet (s.f.) of land and 20,800 s.f. of water for the purpose of construction, maintenance, and operation of a subsurface sanitary sewer pipeline, which is operated by the Bureau of Sanitation, Department of Public Works. The sewer line serves the communities of San Pedro and Wilmington, and they are charged for the pipeline network within the Harbor District with connection to the Terminal Island Treatment Plant. Permit No. 353 requires that compensation be reset every five years.
The proposed Order resets compensation for three consecutive five-year periods beginning January 1, 2000, and extending through December 31, 2014. The compensation rate for the three reset periods is proposed to remain unchanged from the previous compensation rate.
Recommendation: Board resolve to (1) approve the Order resetting compensation under Permit No. 353 for the three consecutive five-year periods beginning January 1, 2000 and ending December 31, 2014; (2) authorize the Board Secretary to attest to the Order resetting compensation to be paid by the City of Los Angeles Department of General Services under Permit No. 353; and (3) adopt Order No. ____________.
5. Re: RESOLUTION NO. ____________ - PROPOSED LEASE AGREEMENT BETWEEN ARCHDIOCESE OF LOS ANGELES EDUCATION & WELFARE CORPORATION AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT
Transmittals
SUMMARY: Since 2005, the City of Los Angeles Harbor Department’s (Harbor Department) Environmental Management Division (EMD) has conducted monitoring for various pollutants and meteorological conditions at the Saints Peter and Paul School monitoring site (Site) located at 706 Bayview Avenue in Wilmington. The Harbor Department uses the Site to conduct air quality measurement activities in the Wilmington community as part of the Port of Los Angeles’ (Port) Air Quality Monitoring Program. Current Lease Agreement No. 10-2911 by and between the Archdiocese of Los Angeles Education & Welfare Corporation (Archdiocese) and the Harbor Department expires on September 13, 2012. The proposed Lease Agreement (Agreement) with the Archdiocese would be for a term of five years, and affords the Harbor Department use of the Site through September 13, 2017. The initial and subsequent annual compensation rate would be $1,000 per month, for an annual Agreement cost of $12,000 in each of the first two years, while the remaining three years of the Agreement would be increased according to a Consumer Price Index (CPI) mechanism built in the Agreement.
Recommendation: Board resolve to (1) approve the proposed Agreement with the Archdiocese of Los Angeles Education & Welfare Corporation; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (3) adopt Resolution No. ____________.
REGULAR ITEMS (6 - 9)
Engineering
6. Re: RESOLUTION NO. ____________ - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH FOUNTAINHEAD DESIGN, INC. AND HOOD DESIGN STUDIO, LLC FOR PUBLIC ART AT THE WILMINGTON WATERFRONT PARK
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The Engineering Division recommends approval of Agreements with Fountainhead Design, Inc.(Los Angeles, CA) and Hood Design Studio, LLC (Oakland, CA) to fabricate and install public art at the Wilmington Waterfront Park. The agreement with Fountainhead Design, Inc. is for a two-year term in the amount of $135,000 for an installation entitled “Wilmington Wave”. The agreement with Hood Design Studio, LLC is for a two-year term in the amount of $292,500 for an installation entitled “Coastline”.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, the work covered under these Agreements can be performed more economically or feasibly by independent artists rather than by City employees; (2) approve the two personal services Agreements for a term of two years each, with a combined contract total of $427,500 as follows:
a) Fountainhead Design, Inc. for $135,000;
b) Hood Design Studio, LLC for $292,500;
(3) authorize the Executive Director to execute and the Board Secretary to attest said Agreements for and on behalf of the Board; and (4) adopt Resolution No. ____________.
Transmittal 1
Transmittal 2
SUMMARY: Additional funding in the amount of $7.5 million is requested to complete the Port of Los Angeles (Port) Channel Deepening Project (Channel Deepening Project). Total funding for the Channel Deepening Project is requested to increase from $298 million to $305.5 million. The funds will be forwarded to the Department of the Army, US Army Corps of Engineers (Corps), as requested, to fund project costs in accordance with the amended Project Cooperation Agreement (PCA).
Recommendation: Board resolve to (1) authorize the increase of funding for the Channel Deepening Project from $298 million to $305.5 million and authorize the Executive Director to transfer funds as requested by the Department of the Army, US Army Corps of Engineers; and (2) adopt Resolution No. ___________.
Government Affairs
8. Re: RESOLUTION NO. ____________ - APPROVAL OF AGREEMENT WITH SHAW, YODER, ANTWIH, INC., FOR STATE GOVERNMENT ADVOCACY REPRESENTATION IN SACRAMENTO
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: Staff recommends approval of the Agreement with Shaw, Yoder, Antwih, Inc., 1415 L Street, Suite 1000, Sacramento, California, 95814, for California State (State) government advocacy for the City of Los Angeles Harbor Department (Harbor Department). The proposed Agreement is for a two-year term with a not-to-exceed amount of $150,000 per year, for a total amount of $300,000.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter (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 the proposed Agreement with Shaw, Yoder, Antwih, Inc., located at 1415 L Street, Suite 1000, Sacramento, California 95814, for a two-year term with a not-to-exceed amount of $150,000 per year, for a total amount of $300,000; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Agreement; and (4) adopt Resolution No. ____________.
Construction
9. Re: RESOLUTION NO. ____________ - REJECTION OF ALL BIDS SOUTH WILMINGTON GRADE SEPARATION SPECIFICATION NO. 2690
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: This contract is for the construction of the South Wilmington Grade Separation (Project), which will construct an approximately 4,100-foot-long grade separation structure linking Harry Bridges Boulevard, Pier A Street and Fries Avenue with a proposed new entrance to the Trans Pacific Container Service Corp. (TraPac) Terminal. It is recommended that all bids for specification No. 2690 be rejected and that the project be re-advertised as it is in the best interest of the City of Los Angeles Harbor Department (Harbor Department) to do so to avoid delays that may risk grant funding and to ensure the most competitive bids and lowest cost to the Harbor Department.
Recommendation: Board resolve to (1) reject all bids for specification No. 2690 and authorize the Executive Director to readvertise the South Wilmington Grade Separation project; and (2) adopt Resolution No. ____________.
H. CLOSED SESSION
1. 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. 08-56503
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
David Couch & Sunderland Marine Mutual Ins. Co. v. City of Los Angeles, Los Angeles Superior Court Case No. NC044130
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Yusen Terminals Inc. concerning Permit 692:
Property: Berths 212-224, Terminal Island, California
City Negotiator: Kathryn McDermott
Tenant Negotiator: Patrick Burgoyne
Negotiating Parties: City and Yusen Terminals Inc.
Under Negotiation: Price and Terms
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Al Larson Boat Shop concerning a proposed permit:
Property: 1046 Seaside Avenue, San Pedro, California
City Negotiator: Jack Hedge
Tenant Negotiator: Jack Wall
Negotiating Parties: City and Al Larson Boat Shop
Under Negotiation: Price and Terms