Agenda - November 01, 2012
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, NOVMEBER 01, 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
Report on SCIG EIR Public Meeting
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. APPROVAL OF MINUTES
Minutes of the Regular Meetings of May 17, 2012, August 2, 2012, September 6, 2012, and October 18, 2012 for approval.
G. PRESENTATION
Richard Joe Retirement Resolution
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 5)
Construction and Maintenance
1. Re: RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39648 TO SOUTH BAY FORD LINCOLN FOR THE PURCHASE OF 22 VEHICLES; AWARD OF CONTRACT NO. 39648A TO FRONTIER FORD FOR THE PURCHASE OF SIX VEHICLES
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
SUMMARY: The Construction and Maintenance Division (C&M) requests approval of Contract No. 39648 to South Bay Ford Lincoln of Hawthorne, CA for the purchase of 22 vehicles in the amount of $796,479, including sales tax, and Contract No. 39648A with Frontier Ford of Santa Clara, CA for the purchase of six vehicles in the amount of $221,835, including sales tax. The total amount for all 28 vehicles is $1,018,314. All of these vehicles will provide carbon efficient replacements for the oldest and least efficient of the current pool and staff vehicles. All 28 vehicles are funded in the Fiscal Year 2012-13 capital equipment budget.
Recommendation: Board resolve to (1) approve Contract No. 39648 with South Bay Ford Lincoln in the amount of $796,479 and authorize said expenditures; (2) approve Contract No. 39648A with Frontier Ford in the amount of $221,835 and authorize said expenditures; (3) authorize the Executive Director to execute these contracts for and on behalf of the Board; and (4) adopt Resolution No. ____________.
2. Re: RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39652 TO PACIFIC SKIFFS, INC. DBA PACIFIC BOATS FOR THE PURCHASE OF A SKIFF BARGE
Transmittal 1
Transmittal 2
SUMMARY: The Construction and Maintenance Division (C&M) requests approval of Contract No. 39652 with Pacific Skiffs, Inc. dba Pacific Boats of Marysville, WA for the purchase of a skiff barge in the amount of $172,289, including sales tax. This skiff barge will replace a 42 year-old refuse collection (RC) boat. The replacement of the City of Los Angeles Harbor Department's (Harbor Department) "RC 41" was planned and is funded in the Fiscal Year 2012-13 capital equipment budget.
Recommendation: Board resolve to (1) approve Contract No. 39652 with Pacific Skiffs, Inc. dba Pacific Boats of Marysville, WA in the amount of $172,289 and authorize said expenditures; (2) authorize the Executive Director to execute Contract No. 39652; and (3) adopt Resolution No. ____________.
Engineering
3. Re: RESOLUTION NO. ____________ - APPROVAL OF THE AGREEMENT FOR MAINTENANCE OF VIDEO CAMERA SYSTEMS IN LOS ANGELES COUNTY AT VARIOUS LOCATIONS ON CALTRANS RIGHT-OF-WAY ALONG ROUTES 47, 110, AND 710 AMONG THE STATE OF CALIFORNIA, THE PORT OF LONG BEACH, AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT FOR THE ADVANCED TRANSPORTATION MANAGEMENT AND INFORMATION AND SECURITY SYSTEM
Transmittal 1
Transmittal 2
SUMMARY: The Advanced Transportation Management Information and Security System (ATMIS) is a collaborative project (Project) among the City of Los Angeles Harbor Department (Harbor Department), Port of Long Beach (POLB), and the Alameda Corridor Transportation Authority (ACTA). This Project will develop and apply Intelligent Transportation Systems (ITS) to improve traffic conditions in the San Pedro Bay Complex (Port Complex) and its vicinity. The ATMIS system will be utilized to distribute "real time" traffic information and advanced warning of incidents to motorists, other agencies, and private information providers via changeable message signs (CMS), internet video, and other appropriate sharing means. The proposed Agreement for maintenance of video camera systems defines responsibility for ownership, permitting, insurance, right-of-way, and maintenance associated with facilities installed within the State of California Department of Transportation (Caltrans) right-of-way.
Recommendation: Board resolve to (1) approve the Agreement for maintenance of video camera systems at various locations along Routes 47, 110, and 710 among the State of California, Port of Long Beach, and the City of Los Angeles Harbor Department; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement for and on behalf of the Board; and (3) adopt Resolution No. ____________.
4. Re: RESOLUTION NO. ____________ - APPROVAL OF THE SECOND AMENDMENT TO THE AGREEMENT AMONG THE PORT OF LONG BEACH, THE CITY OF LOS ANGELES AND THE ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY FOR THE ADVANCED TRANSPORTATION MANAGEMENT INFORMATION AND SECURITY SYSTEM
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The Advanced Transportation Management Information and Security System (ATMIS) Project (Project) is a collaborative project between the City of Los Angeles Harbor Department (Harbor Department), Port of Long Beach (POLB), and Alameda Corridor Transportation Authority (ACTA) to develop and apply Intelligent Transportation Systems (ITS) for the improvement of traffic conditions within the San Pedro Bay Ports Complex (Port Complex) and its vicinity. The ATMIS system will distribute "real time" traffic information and advance warning of incidents to motorists, other agencies and private information providers via changeable message signs (CMS), internet video and other appropriate sharing means. The proposed Second Amendment (Amendment) will amend Exhibits C, D, E, and F to reflect the latest scope of work, Project costs, and consultant contracts. The Amendment will also clarify each agency"s responsibility for fees associated with other direct costs, permits, and new utility service requests. The cost share of the Agreement and duration of the contract will not change. The POLB has approved the Second Amendment.
Recommendation: Board resolve to (1) approve the Second Amendment between the Port of Long Beach, the Alameda Corridor Transportation Authority, and the City of Los Angeles Harbor Department amending Exhibits to reflect current scope of work, Project costs, and clarifying each agency’s financial responsibility; (2) authorize the Executive Director to execute and the Board Secretary to attest to an Amendment covering the aforementioned transaction for and on behalf of the Board; and (3) adopt Resolution No. ____________.
Commission Office
5. Re: RESOLUTION NO. ____________ - ADOPTION OF THE 2013 BOARD OF HARBOR COMMISSIONERS MEETING CALENDAR
Recommendation: Board to adopt the 2013 Board of Harbor Commissioners Calendar.
REGULAR ITEMS (6 - 8)
Construction
6. Re: RESOLUTION NO. ____________ - AWARD OF CONSTRUCTION CONTRACT CONTRACTOR: S.J. AMOROSO CONSTRUCTION CO., INC. REAR BERTHS 136-139 TERMINAL BUILDINGS AND MAIN GATE SPECIFICATION NO. 2663
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: This contract is for construction of the Rear Berths 136-139 Terminal Buildings and Main Gate project (Project). The lowest responsive and responsible bidder is S.J. Amoroso Construction Co., Inc. (S.J. Amoroso), located in Costa Mesa, California. The contract amount, plus a 10% contingency, is $71,479,100. The contract duration is 880 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; (3) award the above mentioned contract for Item Nos. 1 through 78 of the proposal schedule to S.J. Amoroso in the amount of $64,981,000; that a 10% contingency not included in the original contract amount be applied for a total authorization of $71,479,100; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 880 calendar days from the Notice to Proceed; (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. ____________.
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: This contract is for construction of the South Wilmington Grade Separation project (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. The lowest responsive and responsible bidder is MCM Construction, Inc., located in North Highlands, California. The contract amount, including a 10% contingency, is $55,707,438. The contract duration is 780 calendar days. The Project is partially state- funded under the Proposition 1B, State Trade Corridor Improvements Fund through the State of California Department of Transportation, in the amount of $17,000,000 and funded under the Los Angeles County Metropolitan Transportation Authority (LACMTA) - under Prop C in the amount of $19,288,000.
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; (3) award the above mentioned contract for Item Nos. 1 through 48 of the proposal schedule to MCM Construction, Inc. in the amount of $50,643,125; that a 10% contingency not included in the original contract amount be applied for a total authorization of $55,707,438; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 780 calendar days from the Notice to Proceed; (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. ____________.
Planning and Economic Development
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Transmittal 7
SUMMARY: At the August 2, 2012 Board of Harbor Commissioners (Board) meeting, staff presented the Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS) Implementation Strategy (MIS) and an alternative plan developed by Vopak. Following a discussion among the Board, staff, and industry participants regarding the MIS and the Vopak alternative plan, the Board requested staff to (1) provide updated cost estimates for each alternative; (2) determine to what extent LAX Fuels and the San Pedro Bay bunker fuel markets are dependent on Vopak; (3) determine what level of capital investment makes the MIS financially infeasible for Vopak; (4) further analyze whether two refinery operated marine oil terminals could be consolidated considering both operational and legal issues; (5) determine whether the University of Southern California (USC) rowing facility can relocate to the buffer area; (6) determine how the Port of Long Beach's MOTEMS compliance plan may affect assumptions in the MIS; (7) develop a new alternative that addresses the goals of the original MIS and allows for existing businesses to remain financially and operationally viable; and (8) provide a summary of statewide MOTEMS compliance from the California State Lands Commission. This staff report addresses the Board's inquiries. Staff has analyzed the additional information provided in this report and developed a Revised MIS that is financially and operationally feasible for all affected parties. Staff requests that the Board provide direction regarding the Revised MIS.
Recommendation: Board resolve to (1) provide staff with input and direction on the Marine Oil Terminal Engineering and Maintenance Standards Implementation Strategy as revised, subject to compliance with all applicable laws including, without limitation, the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and the California Coastal Act (Coastal Act), as well as the execution of mutually acceptable agreements that will require the review and approval of City of Los Angeles (City) entities including, without limitation, the Board of Harbor Commissioners and the Los Angeles City Council, which approvals have neither been sought nor obtained. Notwithstanding any such staff direction (or responsive action by staff or others), the Board and City shall at all times retain full discretion to approve, disapprove, adopt or modify any and all agreements and environmental documents (including any projects, mitigation measures, project changes, and/or alternatives) related to this matter; and under no circumstances shall any such Board input and direction to staff be construed as a commitment, approval or determination of any kind by the Board, the City or other entity, whether under CEQA, NEPA, the Coastal Act or otherwise; and (2) adopt Resolution No. ____________.
I. 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