AGENDA REPORT
Meeting Date: September 19, 2023
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Public Works Director/City Engineer Christine Chung, Project Manager
Subject: METRO PURPLE LINE SECTION 2 – CONSIDERATION FOR REJECTION OF REQUEST TO WORK DURING THE 2023
HOLIDAY MORATORIUM BETWEEN THANKSGIVING DAY
THROUGH NEW YEAR’S DAY
Attachments: 1. Metro 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) deny the waiver request.
INTRODUCTION
The Memorandum of Agreement (MOA) with Metro for Section 2 Station located under Wilshire Boulevard from Beverly Drive to Canon Drive outlines the allowable work hours and workdays in Article XIII, including the holiday moratorium dates during which no work is permitted. The MOA allows Metro to apply for a permit to waive the holiday moratorium, and City Council has sole discretion to review, approve, or deny the permit.
On June 23, 2023, City staff received the application from Metro requesting to work during the 2023 holiday moratorium from Thanksgiving Day 2023 through New Year’s Day 2024 (Attachment 1).
DISCUSSION
Current and Future Work Activities
Metro D (Purple) Line Extension Section 2 construction is currently underway. Metro and its contractor, Tutor Perini/O&G, a Joint Venture (TPOG), estimate that the current phase of the project, including the station and appendage construction, will continue until
BEVERLY
HILLS
.~
Meeting Date: September 19, 2023
2024. Construction of multiple appendage structures for equipment, ventilation, and emergency access began in late May 2023. Piles and decking on South Beverly Drive were completed in August 2023. Construction of cross passages (underground corridors that connect the eastbound and westbound tunnels for maintenance or emergency purposes) will continue from west to east through 2024. In addition, the permanent station power duct bank installation along Wilshire Blvd between Canon Drive and Rexford Drive will be completed by October 2023.
Work Allowed During Moratorium
Per the MOA, Metro is allowed to continue to work within the staging yards and below ground 24 hours a day, 7 days a week, between Thanksgiving Day and New Year’s Day.
Metro will continue monitoring and maintaining the pre-installed geotechnical instruments and dewatering wells in the right-of-way for safe work and site conditions during the moratorium. While no other work or traffic control within the public right-of-way is allowed during the moratorium, City staff will review and approve temporary traffic control within the right-of-way on a case-by-case basis with advanced notice from Metro for only maintenance and emergency repair. City staff will continue to inspect and monitor the construction site to safeguard the public infrastructure and verify compliance with the MOA.
Holiday Moratorium Waiver Request
Metro and TPOG have requested a waiver of this holiday moratorium to continue the station and appendage construction. Metro then presented an alternative to consider which provided allowing access to the concrete decks along Wilshire Blvd to deliver materials below ground and place structural concrete for the station walls. Metro proposes to limit the implementation of the traffic control and deck access during only weekday night shifts (8:15 p.m. to 7:00 a.m.) when most retail and restaurant businesses are closed. Metro states that the preclusion of traffic control for deck access would slow or delay the station construction.
Staff Review
Based on the review of the proposed work during the moratorium and anticipated work for both 2023 and 2024, granting the waiver of the moratorium does not sufficiently indicate a reduction of the overall construction schedule nor expedite the opening of the station. Though Metro regularly implements multiple mitigation measures for night work, there have been unforeseen conditions that prolonged the reduction of Wilshire Blvd lanes beyond the normally allowed hours per the MOA. Due to the potential risk of construction impacts, staff recommends denying the waiver request to avoid imposing an unnecessary burden on residents, businesses, and travelers.
City Council Ad Hoc
On August 10, 2023, the Metro Ad Hoc Committee, which includes Vice Mayor Friedman and Councilmember Bosse, was informed of Metro’s request. Based on the anticipated work impacts and minimal benefits to the community, the Ad Hoc Committee concurred with the staff recommendation to deny the request during the City Council Meeting scheduled for September 19, 2023.
Meeting Date: September 19, 2023
COMMUNITY ENGAGEMENT
City Staff notified the Monthly Community Meeting on September 6, 2023 and Chamber of Commerce – Key Stakeholder Meeting on September 13, 2023 of the permit request and of the scheduled City Council meeting. Staff did not receive comments regarding Holiday Moratorium requests from the business community.
FISCAL IMPACT
There is no direct fiscal impact associated with approving or denying this request. The terms of the 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.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
June 23, 2022 Metro Unifier Record No. 01206
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 2023 Thanksgiving Day through New Year’s Day holiday moratorium (Thursday. November 23, 2023 through Monday, January 1, 2024).
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.
Sincerely,
Michael McKenna
Senior Executive Officer, Project Management (Interim)
Purple Line Extension Section 2 Project
Enclosure: TPOG's Letter C1120-LACMTA-1038 – WRS 2023 Holiday Moratorium Exemption Request - City of Beverly Hills
cc: Bill Zein – City of Beverly Hills (Psomas)
Zeph Varley – Metro
Kim Chan – Metro
Ayokunle Ogunrinde – Metro
Mindy Lake – Metro
Gregg Davidson – Metro
Document Control File
Los Angeles County
Metropolitan Transportation Authority
Metro
One Gateway Plaza
Los Angeles, CA 90012-2952
213 .922.2000 Tel
metro.net
Tutor Perini Corporation / O&G
Century Park Plaza
1801 Century Park East Suite 500
Los Angeles, CA 90067
June 21, 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-1038
Reference: LACMTA Westside Purple Line Exte nsi on Project Sect ion 2, Contract No. C71493000C1120 Subject: WRS 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. Please see below the list of holidays that TPOG is requesting an exemption for:
• Thanksgiving Day through New Year's Day - Thursday, November 23, 2023 through Monday, January 1, 2024
The WRS work during the COBH identified Holiday Moratorium period includes monitoring of geotechnical instrumentation, station construction, material/equipment deliveries, removal of struts and wales, tunnel support, side structure construction (including utility relocation, pile installation, deck installation, excavation, etc.), installation of WRS SCE permanent power, and other miscellaneous activities.
Work-days and hours for these activities (according to the executed MOA) would be as follows:
Construction Activity Weekdays Weekends
Access through deck panels for 9:00AM to 4:00PM 8:00AM to 6:00PM occasional material delivery and 9:00PM to 7:00AM 9:00PM to 7:00AM utility maintenance
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 Wilshire
(Survey /Potholi ng/Geotechn ica I 7:00AM to 4:00PM
Borings/Instrumentation & 8:00PM to 7:00AM Wilshire & Off Wilshire Monitoring) Off-Wilshire 8:00AM to 7:00PM
Dewatering activities occurring
8:00AM to 6:00PM
8:00PM to 7:00AM
outside of k-rail enclosures
1 Tutor Perini Corporation / O&G
Century Park Plaza
1801 Century Park East Suite 500
Los Angeles , CA 90067
Construction Activity
Pile Installation (Beverly/S Canon)
Deck Installation in the public
right-of-way
Activities that support deck
installation in the staging yard
that occur within the public rightof-way
Access through deck panels for
excavation
Utility Relocations and New Utility
Services
All other activities
Tutor Perini ~.
C O R P O R A T I O N .. .. ·-·-
a Joint Venture
Weekdays Weekends
Currently Not Permitted 7:00AM to 8:00PM
Friday 8:00PM to Monday Friday 8:00PM to Monday
7:00AM (59 Hours) 7:00AM (59 Hours)
7:00AM to 4:00PM 8:00AM t o 6:00PM
8:00PM to 7:00AM 6:00PM to 8:00AM
7:00AM to 4:00PM 8:00AM to 6:00PM
7:00AM to 4:00PM 8:00AM to 7:00PM
8:00PM to 7:00AM
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 period.
These Holiday Moratorium Exemptions would allow TPOG to continue to perform work according to the project schedule. With the possible exception of some 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 (e-copy only) 2