AGENDA REPORT
Meeting Date: January 4, 2022
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Public Works Director/City Engineer Christine Chung, Associate Project Manager
Subject: METRO PURPLE LINE SECTION 2 (RODEO STATION) – REQUEST TO WORK ON ELEVEN DESIGNATED HOLIDAYS BETWEEN JANUARY 2022 TO MID-NOVEMBER 2022,
IDENTIFIED AS NO WORKDAYS IN THE METRO MOA
Attachments: 1. Metro 2022 Holiday Moratorium Application
RECOMMENDATION
Staff recommends that City Council (1) review the Los Angeles County Metropolitan Transportation Authority’s (Metro) request for a waiver of the holiday moratorium; and (2) move to deny the waiver request.
INTRODUCTION
Article XIII of the Section 2 (Wilshire/Rodeo Station) MOA outlines the allowable work hours and workdays, including the holiday moratorium dates during which no work is permitted. The MOA allows Metro to apply for a permit to work during a holiday moratorium and the application shall be filed 60 days prior to the proposed holiday moratorium workdays. City Council has sole discretion to review and approve or deny the permit for any waiver of holiday moratorium dates.
On November 23, 2021, the City received the attached application from Metro requesting a permit to work during the following eleven holiday moratorium dates in 2022 listed below. The Golden Globes Awards
Martin Luther King Jr. Day – Monday, January 17, 2022 President’s Day – Monday, February 21, 2022
The Academy Awards – Sunday, March 27, 2022
Mother’s Day – Sunday, May 8, 2022
BEVERLY
HILLS
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D-6
Meeting Date: January 4, 2022
Memorial Day – Monday, May 30, 2022
Father’s Day – Sunday, June 19, 2022
Independence Day – Monday, July 4, 2022
Next Night Block Party
Labor Day – Monday, September 5, 2022
Veteran’s Day – Friday, November 11, 2022
DISCUSSION
Metro D (Purple) Line Extension Section 2 construction of the Wilshire/Rodeo station is currently underway. Metro and its contractor, Tutor Perini O & G (TPOG), estimate that this phase will continue until early 2023. The tunnel boring machines (TBMs), which started from Century City, have arrived at the west end of the Wilshire/Rodeo Station box. The TBMs will continue to cross the station box and complete mining toward La Cienega Blvd tentatively by the 3rd quarter of 2022. Construction of multiple appendage structures is anticipated to begin in 2022.
The request to waive the 2022 moratorium dates does not sufficiently explain how permitting work during the holidays would benefit the public or reduce the overall construction schedule. Additionally, the two holidays in January are beyond the 60-day advance deadline as required by the MOA. The Contractor also typically does not work on weekends or labor union holidays, which are part of the holidays listed above.
Therefore, staff recommends denying the holiday moratorium waiver request to avoid imposing an unnecessary burden on residents, businesses and travelers during the City’s recovery efforts from the effects of the pandemic.
City Council Ad-Hoc
The Metro Ad Hoc Committee, which includes Vice Mayor Bosse and Councilmember Friedman, was informed of Metro’s request and the staff concerns on December 3, 2021. The Ad Hoc Committee concurred with the staff recommendation to review the request at the City Council regular meeting on January 4, 2022, without another meeting of the Ad Hoc Committee. COMMUNITY ENGAGEMENT
The businesses adjacent to the Wilshire/Rodeo Station were notified of the permit request and the scheduled City Council meeting. Staff did not receive comments regarding the request from the business community. FISCAL IMPACT There is no direct fiscal impact associated with approving or denying this request. The terms of the Memorandum of Agreement (MOA) include provisions for Metro to reimburse costs for all staff and consultants performing work associated with design- build construction activities of the Purple Line Extension – Section 2 in Beverly Hills.
Laurence Wiener,
City Attorney
Shana Epstein,
Director of Public Works
Approved By Approved By
Attachment 1
November 23, 2021 Metro Unifier Record No. 00763
City of Beverly Hills
Department of Public Works
345 Foothill Road
Beverly Hills, CA 91210
Attention: Mr. Daren Grilley, City Engineer
Reference: Contract No. C1120-Purple Line Extension Section 2 Project Subject: 2022 Holiday Moratorium – Application for a Permit to Work Dear Mr. Grilley:
In accordance with Article XIII, Holiday Moratorium, of the MOA, Metro hereby requests a permit to work during the following 2022 holiday moratorium dates:
The Golden Globes Awards – Sunday, January 9, 2022
Martin Luther King Jr. Day – Monday, January 17, 2022 President’s Day – Monday, February 21, 2022
The Academy Awards – Sunday, March 27, 2022
Mother’s Day – Sunday, May 8, 2022
Memorial Day – Monday, May 30, 2022
Father’s Day – Sunday, June 19, 2022
Independence Day – Monday, July 4, 2022
Next Night Block Party - TBD
Labor Day – Monday, September 5, 2022
Veteran’s Day – Friday, November 11, 2022
The attached letter from TPOG describes the work hours and construction activities for these dates. An approval of this request would allow TPOG to continue performing work according to the project schedule. A rejection of this request could potentially cause a delay to the project and have cost and schedule impacts. Additional information can be provided to support this application if required.
The MOA states that the application for a permit to work during a holiday moratorium shall be filed 60 Days prior to the proposed holiday moratorium workdays. In the case of the Golden Globe Awards, and Martin Luther King Jr. Day, Metro has not met this requirement, and apologizes for any inconvenience that this may have created. However, given the ongoing impacts arising from the COVID-19 pandemic, Metro asks that requests be considered despite the above administrative oversight.
Metro also wishes to point out that TPOG has been advised that religious holiday exemption requests will not be submitted to the City of Beverly Hills.
Sincerely,
Michael McKenna
Executive Officer, Project Management
Westside Purple Line Extension Project, Section 2
Los Angeles County
Metropolitan Transportation Authority
Metro
One Gateway Plaza
Los Angeles, CA 90012-2952
213.922.2000 Tel
metro.net
Mr. Daren Grilley
2022 Holiday Moratorium – Application for a Permit to Work November 23, 2022
Enclosure: TPOG's Letter C1120-LACMTA-590 – 2022 Holiday Moratorium Exemption Request - City of Beverly Hills
cc: Robert Welch – City of Beverly Hills
Bill Zein – City of Beverly Hills (Psomas)
Zeph Varley – Metro
Kim Wilson – Metro
Mindy Lake – Metro
Gregg Davidson – Metro
Document Control File
Tutor Perini Corporation I O&G
Century Park Plaza
1801 Century Park East Suite 500
Los Angeles, CA 90067
October 28, 2021
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012-2952
Attn: Michael McKenna
TutorPerini �.
C O R P O R A T I O N _ ·Q--- _
a Joint Venture
LACMTA-590
Reference: LACMTA Westside Purple Line Extension Project Section 2, Contract No. C71493000C1120 Subject: 2022 WRS Holiday Moratorium Exemption Request - City of Beverly Hills Dear Mr. McKenna,
This letter represents TPOG's written request for 2022 Holiday Moratorium Exemption for the Wilshire Rodeo Station (WRS) work on Wilshire Boulevard and adjacent streets. Please see below the list of holidays TPOG is requesting an exemption for:
• New Year's Day- Saturday, January 1, 2022
• The Golden Globe Awards - Sunday, January 9, 2022
• Martin Luther King Jr. Day- Monday, January 17, 2022
• President's Day- Monday, February 21, 2022
• The Academy Awards - Sunday, March 27, 2022
• Easter Sunday- Sunday, April 17, 2022
• The Erev Passover and First Two Days of Passover - Friday, April 15, 2022 through Sunday, April 17,2022
• Mother's Day- Sunday, May 8, 2022
• Memorial Day- Monday, May 30, 2022
• Father's Day- Sunday, June 19, 2022
• Independence Day- Monday, July 4, 2022
• Next Night Block Party- TBD if applicable
• Labor Day- Monday, September 5, 2022
• Erev Rosh Hashanah and Rosh Hashanah - Saturday, September 24, 2022 through Tuesday, September 27, 2022
• Erev Yorn Kippur and Yorn Kippur- Tuesday, October 4, 2022 through Wednesday, October 5, 2022
• Veteran's Day- Friday, November 11, 2022
The WRS work during the COBH-identified Holiday Moratorium periods include installation/monitoring/decommissioning of geotechnical instrumentation, station construction, material/equipment deliveries, removal of struts and wales, tunnel support, installation of WRS SCE permanent power, and other miscellaneous activities.
1 Tutor Perini Corporation I O&G
Century Park Plaza
1801 Century Park East Suite 500
Los Angeles, CA 90067
Work days and hours for these activities would be as follows:
TutorPerini 8•
C O R P O R A T I O N _ ·--··- _
a Joint Venture
Construction Activity Weekdays Weekends
Access through deck panels for 9:00AM to 4:00PM 9:00AM to 4:00PM occasional material delivery and
utility maintenance 8:00PM to 7:00AM 8:00PM to 7:00AM
Work conducted in the staging 8:00AM to 8:00PM 8:00AM to 8:00PM yards to support Station
Construction or other work within 8:00PM to 8:00AM 8:00PM to 8:00AM the staging yards
Engineering 7:00AM to 4:00PM 8:00AM to 7:00PM
{Survey/Potholing/Geotechnical 8:00PM to 7:00AM
Borings/Instrumentation &
Monitoring)
Utility Relocations and New Utility 7:00AM to 4:00PM 8:00AM to 7:00PM Services 8:00PM to 7:00AM
All other activities 7:00AM to 4:00PM 8:00AM to 6:00PM
8:00PM to 7:00AM 6:00PM to 8:00AM
TPOG continues to implement appropriate measures to mitigate impacts from construction activities within COBH, and will continue to implement these measures during the requested Holiday Moratorium periods. These Holiday Moratorium Exemptions would allow TPOG to continue to perform work according to the project schedule. With the possible exception of some Saturdays/Sundays listed, for which we have not determined our planned weekend work schedules, not receiving the MOA-associated Holiday exemptions would cause a delay to the project.
Please contact the undersigned if you have any questions or need any additional information.
Dan Louis
Project Manager
Attachment: Holiday Moratorium Exemption Supporting Documents 2