AGENDA REPORT
Meeting Date: April 18, 2023
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Public Works Director/City Engineer Christine Chung, Project Manager
Subject: DENY REQUEST FROM METRO FOR A WAIVER OF THE
PURPLE LINE - SECTION 2 MEMORANDUM OF AGREEMENT
HOLIDAY MORATORIUM FOR SEVEN DESIGNATED HOLIDAYS
BETWEEN MAY 2023 AND MID-NOVEMBER 2023
Attachments: 1. Metro 2023 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 Section 2 – Wilshire/Rodeo Station Memorandum of Agreement (MOA) outlines the allowable work hours and workdays, including the holiday moratorium dates when no work is permitted. The MOA allows Metro to apply for a waiver to permit work during a holiday moratorium at least 60 days prior to the specific holiday. City Council has sole discretion to review and approve or deny any waiver of holiday moratorium dates.
On February 16, 2023, the City received the attached application from Metro requesting to work during the following seven holiday moratorium dates in 2023:
• Mother’s Day – Sunday, May 14, 2023
• Memorial Day – Monday, May 29, 2023
• Father’s Day – Sunday, June 18, 2023
• Independence Day – Tuesday, July 4, 2023
• Next Night Block Party (if scheduled)
BEVERLY
HILLS
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Meeting Date: April 18, 2023
• Labor Day – Monday, September 4, 2023
• Veteran’s Day – Saturday, November 11, 2023
DISCUSSION
Metro Request
Metro D (Purple) Line Extension Section 2 construction of the Wilshire/Rodeo station is underway. Metro and its Contractor, Tutor Perini O & G, estimate that the current phase of the project, including the station roof construction, will continue until early 2024. The tunnel boring machines (TBMs), which started from Century City, have completed mining to the west end of the Wilshire/La Cienega Station project footprint by January 2023.
Construction of multiple appendage structures is also anticipated to begin in mid-2023.
If allowed to work during the holidays listed above, Metro anticipates the Contractor would continue station construction, delivery of materials and equipment through deck panels along Wilshire Blvd., appendage construction, local utility relocation at appendages as needed, dewatering well operation, and geotechnical instruments monitoring. Metro states that the preclusion of traffic control for deck access or other work in the right-of-way would slow or delay the station construction.
Staff Review
The waiver request does not sufficiently demonstrate how permitting work during the holidays would benefit the public or reduce the overall construction schedule. The Contractor typically does not work on Sundays (Mother’s Day and Father’s Day) or labor union holidays, which make up most 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.
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 March 27, 2023.
The Ad Hoc Committee concurred with the staff recommendation to review and deny the request at the City Council regular meeting on April 18, 2023.
COMMUNITY ENGAGEMENT
No outreach was initiated based on the review of the waiver request and staff’s concerns and recommendation of denial.
FISCAL IMPACT
There is no direct fiscal impact associated with approving or denying this request. The Memorandum of Agreement (MOA) includes 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.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
February 16, 2023 Metro Unifier Record No. 01116
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: 2023 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:
• Mother’s Day – Sunday, May 14, 2023
• Memorial Day – Monday, May 29, 2023
• Father’s Day – Sunday, June 18, 2023
• Independence Day – Tuesday, July 4, 2023
• Next Night Block Party - TBD
• Labor Day – Monday, September 4, 2023
• Veteran’s Day – Saturday, November 11, 2023
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.
Metro also wishes to point out that TPOG has been advised that religious holiday exemption requests and requests that were not filed by TPOG at least 60 Days prior to the proposed holiday moratorium workdays will not be submitted to the City of Beverly Hills.
Sincerely,
Michael McKenna
Senior Executive Officer, Project Management (Interim)
Purple Line Extension Section 2 Project
Enclosure: TPOG's Letter C1120-LACMTA-966 – 2023 Holiday Moratorium Exemption Request - City of Beverly Hills
cc: Bill Zein – City of Beverly Hills (Psomas) Zeph Varley – Metro Kim Chan – Metro Ayokunle Ogunride – Metro
Mindy Lake – Metro Gregg Davidson – Metro
Document Control File
® Los Angeles Co"nty
Metro
Metrnpo1;1an Transportation Authority
One Gateway Plaza
Los Angeles, CA 90012-2952
213.922.2000 Tel
metro.net
Tutor Perini Corporation I O&G
Century Park Plaza
1801 Century Park East Suite 500
Los Angeles, CA 90067
February 7, 2023
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 - .,, _
a Joint Venture
LACMTA-966
Reference: LACMTA Westside Purple Line Extension Project Section 2, Contract No. C71493000Cl120 Subject: 2023 Holiday Moratorium Exemption Request - City of Beverly Hills Dear Mr. McKenna,
This letter represents TPOG's written request for a Holiday Moratorium Exemption for the Wilshire Rodeo Station (WRS) work on Wilshire Boulevard and adjacent streets in the City of Beverly Hills (CoBH).
Please see below the list of holidays TPOG is requesting an exemption for:
• New Year's Day- Monday, January 2, 2023
• The Golden Globe Awards - Tuesday, January 10, 2023
• Martin Luther King Jr. Day- Monday, January 16, 2023
• President's Day- Monday, February 20, 2023
• The Academy Awards - Sunday, March 12, 2023
• Easter Sunday- Sunday, April 9, 2023
• The Erev Passover and First Two Days of Passover- Wednesday, April 5, 2023 through Friday, April 7, 2023
• Mother's Day - Sunday, May 14, 2023
• Memorial Day- Monday, May 29, 2023
• Father's Day- Sunday, June 18, 2023
• Independence Day- Tuesday, July 4, 2023
• Next Night Block Party - TBD, if applicable
• Labor Day- Monday, September 4, 2023
• Erev Rosh Hashanah and Rosh Hashanah - Friday, September 15, 2023 through Sunday, September 17, 2023
• Erev Yorn Kippur and Yorn Kippur - Sunday, September 24, 2023 through Monday, September 25,2023
• Veteran's Day - Saturday, November 11, 2023
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, installation of cross passage dewatering systems 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 are planned as follows:
TutorPerini �.
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
Borings/Instrumentation & 8:00PM to 7:00AM
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 Moratorium Exemptions would cause a delay to the project.
Please contact the undersigned if you have any questions or need any additional information.
Sincerely,
Dan Louis
Project Manager
Attachment: Holiday Moratorium Exemption Supporting Documents 2