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Agenda - May 1, 2008

 


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AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, MAY 1, 2008, AT 8:30 A.M.

PORT OF LOS ANGELES ADMINISTRATIVE BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CA 90731

BOARD OF HARBOR COMMISSIONERS
President S. David Freeman
Vice President Jerilyn López Mendoza
Commissioner Kaylynn L. Kim
Commissioner Douglas P. Krause
Commissioner Joseph R. Radisich

B.    COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS


C.    REPORT OF THE EXECUTIVE DIRECTOR


D.    REPORTS OF COMMISSIONERS

 

E.    BOARD COMMITTEE REPORTS

 

F.    PRESENTATIONS

1. Eastview Little League, Knoll Hill

Dave Stanovich, Past President


G.    APPROVAL OF MINUTES OF A PREVIOUS MEETING

Minutes of the regular meeting of the Los Angeles Board of Harbor Commissioners of March 20, 2008 for approval.


H.    REPORTS OF THE EXECUTIVE DIRECTOR


Consent Items (1-12)


Debt Management


1. Re: RESOLUTION NO. ____ - TO PROPOSE FIRST AMENDMENT TO EXECUTIVE DIRECTOR AGREEMENT NO. E6428 BETWEEN THE CITY OF LOS ANGELES AND NORNE, INC.

Transmittals

SUMMARY: The existing Executive Director Agreement No. E6428 (Agreement) with Norne, Inc. (Norne) is a one year agreement for a not-to-exceed amount of $150,000 to provide financial, strategic, and management advice as requested by the Department’s Deputy Executive Director or Debt Management Division. The proposed First Amendment (Amendment) to the Agreement increases the scope of the work to specifically include the Clean Truck Program, as discussed in Discussion Item 3 herein. The Amendment also provides for an additional compensation amount of $300,000 and for a term not-to-exceed two (2) years from the effective date of the Agreement. The consulting services provided by Norne will be delivered on an urgent basis, in order to assist the Department in assessing the financial, strategic, and management impacts resulting from the development and implementation of the Clean Truck Program.

Recommendation: Board resolve that (1) Resolution No. ___ to award proposed First Amendment to the existing Executive Agreement No. E6428 be approved for an additional amount of $300,000, which will result in a total not-to-exceed compensation of $450,000 and for a total term not-to-exceed two years from the effective date of the Agreement; and (2) the Executive Director and Board Secretary be authorized to execute and attest to the proposed First Amendment with Norne, Inc. for consulting services to support development and implementation of the Port’s Clean Truck Program.


Environmental

2. Re: RESOLUTION NO. ____ - PROPOSED SECOND AMENDMENT TO AGREEMENT NO. 2467 WITH ENVIRON INTERNATIONAL CORPORATION FOR COMPLETION OF THE SOUTHERN CALIFORNIA INTERNATIONAL GATEWAY (SCIG) ENVIRONMENTAL IMPACT REPORT (EIR) AND PROPOSED COST SHARE AGREEMENT WITH BNSF

Transmittals

SUMMARY: Environ International Corporation is currently under contract with the Port of Los Angeles to provide air quality consulting services and preparation of the Environmental Impact Report (EIR) for the Southern California International Gateway (SCIG) Project. Under the existing scope of work, Environ has already performed some services in this regard. This SCIG Project is a proposed near-dock intermodal rail facility that would be located on Port property bordered by Dominguez Channel, State Route 47, Pacific Coast Highway and El Segundo Blvd. Staff recommends amending Agreement No. 2467 with Environ to complete preparation of the EIR and increase the not-to-exceed dollar amount of Agreement No. 2467 by $,1500,000 thereby increasing the total contract amount to $3,300,000 without a change in the term.

Additionally, the project Applicant, Burlington Northern Santa Fe Railway (BNSF), will pay half of the EIR preparation costs. Staff recommends the approval of the BNSF Cost Share Agreement.

Recommendation: Board resolve that (1) Resolution No. ___ for Amendment No. 2 to Agreement No. 2467 be approved and the Cost Share Agreement with BNSF be adopted; (2) Amendment No. 2 to Agreement No. 2467 with Environ to increase the total contract from $1,800,000 to $3,300,000 to complete preparation of the SCIG EIR be approved; (3) the Cost Share Agreement with BNSF be approved; and (4) the Executive Director and Board Secretary be authorized to execute and attest to said amendment and cost share agreement for and on behalf of the Board.


Real Estate

3. Re: ORDER NO. ____ - PROPOSED SECOND AMENDMENT TO EXECUTIVE DIRECTOR AGREEMENT NO. E6310 WITH GAMBOL INDUSTRIES, INC. FOR MARINE CARETAKER/PROPERTY MANAGEMENT SERVICES AT THE FORMER SOUTHWEST MARINE FACILITY

Transmittals

SUMMARY: The proposed action requests approval of a Second Amendment to Agreement E6310, which will amend the term of the agreement with Gambol Industries, Inc. (Gambol) from two years to a month-to-month agreement, with a termination date of no later than April 17, 2009.

Recommendation: Adoption of the Order approving the Second Amendment to Executive Director Agreement No. E6310, which will amend the term of the agreement from two years to a month-to-month agreement with a termination date of no later than April 17, 2009, and the termination provision be changed from a 60-day notification requirement to 30 days.


Port Police

4. Re: RESOLUTION NO. ____ - AWARD OF CONTRACT NO. 39417 FOR PURCHASE OF MOBILE DATA COMPUTERS AND RELATED EQUIPMENT FOR PORT POLICE PATROL VEHICLES TO COMPUTER DEDUCTIONS, INC.

SUMMARY: Award of Contract No. 39417 to Computer Deductions, Inc. (CDI), 1400 East Wilshire Avenue, Santa Ana, California 92705, for the purchase of mobile data computers (MDCs), mounts, consoles and related equipment to be installed in Port Police Patrol vehicles for a total amount of $406,676. The computers are necessary to give Port Police Officers access to the Los Angeles County Justice Data Information Center (JDIC).

Recommendation: Board resolve that (1) approval be granted for awarding of Contract No. 39417 to Computer Deductions, Inc. for the purchase of mobile data computers, mounts, consoles and related equipment for installation in Port Police vehicles, including all features and options as outlined in Formal Bid Request Number F-574, in a total amount of $406,676; (2) the Executive Director be authorized to execute the contract on behalf of the Board; and (3) Resolution No. ____ authorizing the Award of Contract No. 39417 be adopted.


5. Re: RESOLUTION NO. ____ - PROPOSED AGREEMENT BETWEEN THE CITY OF LOS ANGELES, HARBOR DEPARTMENT AND RISK CONTROL STRATEGIES FOR COUNTER-TERRORISM, TACTICAL AND PUBLIC SAFETY TRAINING AND PLANNING, AND INFRASTRUCTURE PROTECTION WITHIN SAN PEDRO BAY

Transmittals

SUMMARY: Los Angeles Port Police request Board approval of a one-year agreement with Risk Control Strategies, Westlake Village, California, to develop training plans and protocols for the protection of the Port of Los Angeles’ infrastructure and commerce. This agreement will build upon the body of work developed by this contractor in a previously lapsed contract. This training model will emphasize critical infrastructure protection, vulnerability identification and response to shore-side threats. The contract will not exceed $240,000.

Recommendation: Board resolve that (1) the proposed agreement for a one-year term, for a total amount not-to-exceed $240,000 to Risk Control Strategies be approved; (2) the Executive Director and Board Secretary be authorized to execute and attest to said agreement, for and on behalf of the Board; and (3) Resolution No. ____ authorizing the proposed agreement with Risk Control Strategies (RCS) be adopted.


Commission Office

6. Re: RESOLUTION NO. ____ - PROPOSED PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND ROBERT P. HENRY, JR., SAN PEDRO, CA

Transmittals

SUMMARY: The proposed Agreement with Robert P. Henry, Jr., a registered Small Business Enterprise (SBE) will provide services and guidance to the Board of Harbor Commissioners on all aspects of their role within the Harbor Department (Department) and facilitate their requests for information and service. The Agreement also provides for Mr. Henry to train Department staff in the procedures and processes regarding the interface between the Department and other City governmental entities and use of his over 30 years of experience in City government to assist staff in devising solutions to complicated processing issues. In addition, Mr. Henry authors Board related documents as needed and will collaborate with the Department’s Executive Director in researching and compiling historical information on the Department and the City of Los Angeles. Mr. Henry will also assist the Department in the procurement of additional replica trolley cars and work with the Department in developing a vision and practical plan for a rail transportation museum to be constructed at the Port. This proposed Agreement shall not exceed $532,440 for the three-year term.

Recommendation: Board resolve that (1) Resolution No. ____ and the Agreement with Robert P. Henry, Jr. be adopted; and (2) the Executive Director and Board Secretary be authorized to execute and attest to the proposed Agreement with Mr. Robert P. Henry, Jr., for consulting services for a period of three years, commencing upon execution by the Executive Director, for a not-to-exceed annual amount of $177,480 and for a contract not-to-exceed amount of $532,440.


7. Re: RESOLUTION REGARDING APPROVAL OF COMMISSIONER KAYLYNN KIM’S TRAVEL TO KOREA FOR THE 5TH ANNUAL INTERNATIONAL CONFERENCE OF AQUAPOLISES 2008

Recommendation: Adoption of the subject Resolution.


Risk Management

8. Re: RESOLUTION NO. ____ - APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN POLA AND THE OFFICE OF THE CITY ADMINISTRATIVE OFFICER AND THE AGREEMENT BETWEEN THE PORT OF LOS ANGELES AND MERRIWETHER & WILLIAMS INSURANCE SERVICES, INC. FOR THE LOS ANGELES BOND ASSISTANCE PROGRAM

Transmittals

SUMMARY: This program provides assistance to contractors in obtaining payment and performance bonds. Such assistance looks to enable greater participation of small local contractors, including M/W/OBEs, in bidding on Department as well as City projects. Los Angeles City Charter Section 371(d) requires that bids and proposals include bid and performance bonds as specified by ordinance. The Los Angeles City Administrative Code sets forth the requirement for bid bonds at Section 10.15 (g). Payment bonds are required by Public Contract Code Section 7100 et seq. Per the Mayor’s direction, the Bond Assistance Program (BAP LA or Program) is established Citywide at all departments. The Department is requesting authority to continue its partnership with the City Administrative Officer (CAO) and other City proprietary departments to continue our participation in the current program, which was previously approved by the board on “September 20, 2007. The Memorandum of Understanding (MOU) with the CAO and the agreement with Merriwether & Williams Insurance Services, Inc., 523 W. Sixth Street, Suite 815, Los Angeles, CA 90014, provides for professional services for BAP LA at the Port of Los Angeles. The MOU and Agreement is for a not-to-exceed amount of $1,162,562 for a five-year period representing the Department’s pro-rata share of total costs.


Recommendation: Resolve that (1) the Board find that the nature of the services needed to support the Bond Assistance Program BAP LA requires the utilization of the City’s contracted broker who possesses the specialized knowledge and expertise required to expand the existing program to all City proprietary departments, including the Harbor; (2) the Executive Director be authorized to execute the MOU with the Office of the City Administrative Officer (CAO) and to continue its partnership with the other City departments in the implementation of the Program. The MOU is valid until March 1, 2013; (3) the Executive Director be authorized to execute the agreement with Merriwether & Williams Insurance Services, Inc., which will expire March 1, 2013; (4) Resolution No. ____ approving the proposed MOU and Agreement at a not-to-exceed amount of $1,162,562 for the contract period be adopted; and (5) the Executive Director, or her designee, be authorized to approve project specific surety requests for contractor bond guarantees.


Engineering

9. Re: RESOLUTION NO. ____ - PERSONAL SERVICES AGREEMENT FOR ON-CALL LANDSCAPE PLANNING AND DESIGN SERVICES BETWEEN THE CITY OF LOS ANGELES AND GRUEN & ASSOCIATES, JACOB CARTER BURGESS, NUVIS LANDSCAPE ARCHITECTURE, AND SEED GROUP

Transmittals

SUMMARY: The agreement between the City and Gruen Associates – Los Angeles, California; Jacob Carter Burgess – Los Angeles, California; Nuvis – Costa Mesa, California; and SEED Group – Torrance, California will provide on-call, as-needed landscape planning and design support services. This action will authorize professional services agreements with the aforementioned consulting firms for a 3 year term in the amount of $500,000 each, for a total of $2,000,000.

Recommendation: Resolve that (1) the Board find that in accordance with the City Charter Section 1022, work under the subject agreements is temporary in nature and can be performed more feasibly by an independent consultant rather than by City employees; (2) the subject agreements with Gruen Associates; Jacob Carter Burgess; Nuvis; and SEED Group; for a total amount not to exceed $2,000,000 (not-to-exceed amount of $500,000 for each agreement) and that a 15% contingency not included in the original contract amount be applied for a total authorization of $2,300,000; (3) the Executive Director and Board Secretary be authorized to execute and attest to said agreements for and on behalf of the Board; (4) Resolution No. ____ be adopted.


10. Re: RESOLUTION NO. ____ - PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES AND URS CORPORATION AMERICAS FOR DECOMMISSIONING AND DEMOLITION OF BERTHS 70-72 LIQUID BULK TERMINAL (WESTWAY TERMINAL CO.)

Transmittals

SUMMARY: The agreement with URS Corporation Americas, located in Huntington Beach, California, provide the Port of Los Angeles with planning and engineering design services for the Decommissioning and Demolition of Berths 70-72 Liquid Bulk terminal (Westway Terminal Co.) located in San Pedro. This action will authorize a professional services agreement with URS Corporation for a three-year term in the amount of $3,537,000.

Recommendation: Resolve that (1) the Board find that in accordance with City Charter Section 1022, work under the subject agreement is temporary in nature and can be performed more feasibly by an independent consultant rather than by City employees; (2) the subject agreement with URS Corporation Americas in the amount of $3,537,000 be approved and that a 15% contingency not included in the original contract amount be applied for a total authorization of $4,067,550; (3) the Executive Director and Board Secretary be authorized to execute and attest to said agreement for and on behalf of the Board; and (4) Resolution No. ____ be adopted.


11. Re: RESOLUTION NO. _____ - PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES AND TETRA DESIGN INC. FOR THE SAN PEDRO WATERFRONT DOWNTOWN HARBOR & SALINAS DE SAN PEDRO PROMENADE PROJECTS, ENGINEERING, ARCHITECTURAL, AND LANDSCAPE ARCHITECTURAL DESIGN SERVICES

Transmittals

SUMMARY: The agreement with Tetra Design, Inc., located in Los Angeles, California, provides the Port of Los Angeles with engineering, architectural, and landscape architectural design services for the San Pedro Waterfront Downtown Harbor project and the Salinas de San Pedro Promenade located at Cabrillo Beach. This action will authorize a professional services agreement with Tetra Design, Inc. for a three year term in the amount of $8,986,412.

Recommendation: Resolve that (1) the Board 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 consultant rather than by City employees; (2) the subject agreement with Tetra Design, Inc. in the amount of $8,986,412 be approved and that a 15% contingency not included in the original contract amount be applied for a total authorization of $10,334,374; (3) the Executive Director and Board Secretary be authorized to execute and attest to said agreement for and on behalf of the Board; and (4) Resolution No. ____ be adopted.


Accounting & Budget

12. Re: RESOLUTION NO. ____ - APPROVAL TO IMPLEMENT THE AMERICAN EXPRESS CORPORATE/ GOVERNMENT CARD PROGRAM AND MEETING PLANNER’S ACCOUNT SERVICES

Transmittals

SUMMARY: The Los Angeles Board of Harbor Commissioners is requested to approved the use of the American Express Corporate/Government Charge Card Program and Meeting Planners’ Accounts (the “Program”) as the Port’s charge card for business and travel services, and management of meeting events, respectively. The Program will allow a not-to-exceed amount of up to fifty corporate/government cards, including the issuance of card-less meeting planners’ accounts, to pay for Port business expense requirements and meeting events in accordance with existing Port travel policies and procedures.

Recommendation: Board resolve that (1) Resolution No. ____ authorizing the use of the American Express Corporate/Government Card and Meeting Planners’ Account Program be adopted; (2) the Executive Director, or designee, be authorized to terminate the existing Port credit card program agreement with Union Bank upon the effective date of the implementation of the Program; and (3) the Executive Director, or her designee, be authorized to communicate the American Express Corporate/Government Card Program transition (phase out) plan to existing card holders.


Regular Items (13-14)


Construction Division


13. Re: RESOLUTION NO. _____ - AWARD OF CONTRACT – SAN PEDRO WATERFRONT ENHANCEMENTS – 22nd STREET LANDING, SPECIFICATION NO. 2703

Transmittals

SUMMARY: This project consists of construction of an 18-acre park at the 22nd Street Landing as part of the San Pedro Waterfront Enhancement. The lowest responsible bidder for this project is Griffith Company located in Santa Fe Springs, California. The contract amount plus 15% contingency is $8,042,300, and the contract duration is 853 calendar days.

Recommendation: Board resolve that (1) Resolution No. ____ be adopted and approval be granted for the awarding of the above-mentioned contract to Griffith Company for Item Nos. 1 through 12 of the proposal schedule in the amount of $6,993,300; that a 15% contingency not included in the original contract amount be applied for a total authorized amount of $8,042,300; and that payment be authorized from the Construction Account. The contract time for performance of the work will be 853 calendar days from the Notice to Proceed; (2) the Executive Director and Board Secretary be authorized to execute and attest to this contract for and on behalf of the Board; and (3) in accordance with City Charter 655(g), the Board delegate and the Executive Director be authorized to accept the construction contract upon its completion.


14. Re: RESOLUTION TO ADJUST THE EXECUTIVE DIRECTOR’S SALARY

Recommendation: Adoption of the subject resolution.

H.    CLOSED SESSION

1. Discussion of pending litigation entitled: The United States of America ex rel. State of California ex rel. Stanley D. Mosler v. City of Los Angeles, et al., United States District Court Case No. 02-02278-SJO, pursuant to subdivision (a) of Section 54956.9 of the California Government Code.

2. Discussion with legal counsel concerning significant exposure to litigation [two (2) potential cases], pursuant to subdivision (b)(1) of Section 54956.9 of the California Government Code.

3. Evaluation of Executive Director pursuant to Section 54957 of the California Government Code.


Commission actions, except actions which are subject to appeal or review by the Council pursuant to other provisions of the Charter, ordinance or other applicable law, are not final until the expiration of the next five meeting days of the City Council during which the Council has convened in regular session.  If the Council asserts jurisdiction during this five meeting day period the Council has 21 calendar days thereafter in which to act on the matter.

Please note that this agenda is subject to revision in accordance with the Brown Act.  In the event the agenda is revised prior to the meeting, Port staff will endeavor to post the revised agenda on the Port’s web site (http://www.portoflosangeles.org).  Updated agendas also will be available in hard copy at the meeting.  Live Board meetings can also be heard at: (213) 621-City (Metro), (818) 904-9450 (Valley), (310) 471-CITY (Westside) and (310) 547-CITY (Harbor).

As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities.

Sign language interpreters, assistive listening devices, and translation services may be provided.  To ensure availability, 72-hour advance notice is required.  Contact the Commission Office at (310) 732-3444.

Interpretes de señas, sistemas auditivos y servicios de traducciones están disponibles.  Para asegurar disponibilidad, se requiere solicitarlos con 72 horas de anticipación.  Para hacer la solicitud, llame a la oficina de la Comisión al (310) 732-3444.