AGENDA REPORT
Meeting Date: February 6, 2024
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/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 NINE DESIGNATED HOLIDAYS
BETWEEN FEBRUARY 2024 TO MID-NOVEMBER 2024
Attachments: 1. Metro's 2024 Holiday Moratorium Work Permit Application (partial)
2. Metro's Revised Waiver Request
RECOMMENDATION
Staff recommends that City Council (1) review the Los Angeles County Metropolitan Transportation Authority's request for a waiver of the holiday moratorium; and (2) deny the waiver request.
INTRODUCTION
Article XIII of Section 2 of the 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, approve, or deny any waiver of holiday moratorium dates.
On December 19, 2023, the City received the attached application from Metro requesting to work during the following nine (9) holiday moratorium dates in 2024 (Attachment 1):
President's Day – Monday, February 19, 2024
The Academy Awards – Sunday, March 10, 2024
Mother's Day – Sunday, May 12, 2024
Memorial Day – Monday, May 27, 2024
BEVERLY
HILLS
.~
Meeting Date: February 6, 2024
Father's Day – Sunday, June 16, 2024
Independence Day – Thursday, July 4, 2024
Next Night Block Party (if scheduled)
Labor Day – Monday, September 2, 2024
Veteran's Day – Monday, November 11, 2024
DISCUSSION
Metro Request
Metro D (Purple) Line Extension Section 2 construction of the Wilshire/Rodeo station is underway closer to completing the underground station structures. Metro and its Contractor, Tutor Perini O & G (TPOG), estimate that the project's current phase, including the station roof construction, will continue until mid-2024. Construction of multiple appendage structures began in mid-2023 and will continue through 2024.
Starting in the third quarter of 2024, Metro anticipates beginning backfill over the station roof, one step closer to removing temporary deck panels and restoring the paved streets along Wilshire Blvd.
After additional internal review of the forecasted schedule, Metro submitted a revised request with justifications for the City to consider waiving six days out of nine holidays originally requested for the waiver to work. Metro proposes to continue the station and appendage work on these six holidays similar to the typical MOA work hours and lane restrictions on regular workdays (Attachment 2).
President's Day – Monday, February 19, 2024 – day and night shifts The Academy Awards – Sunday, March 10, 2024 – work until 6 am Mother's Day – Sunday, May 12, 2024 – work until 6 am Father's Day – Sunday, June 16, 2024 – work until 6 am Independence Day – Thursday, July 4, 2024 – work until 6 am Veteran's Day – Monday, November 11, 2024 – day and night shifts Metro requests to work on the listed holidays to meet the Section 2 project schedule and ensure timely completion of the construction within the City of Beverly Hills. 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 and start of the street restoration.
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 Friedman and Councilmember Bosse, was informed of Metro's request and staff’s preliminary recommendations on January 22, 2024. The Ad Hoc Committee did not find a significant timesaving in expediting the construction nor allowing a few extra days to work would benefit the public. To avoid imposing an unnecessary burden on residents, businesses, and travelers, the Ad Hoc Committee recommended denying the request at the City Council regular meeting on February 6, 2024.
Meeting Date: February 6, 2024
COMMUNITY ENGAGEMENT
No outreach was initiated based on the review of the waiver request and the Metro Ad Hoc committee’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
December 19, 2023 Metro Unifier Record No. 01344
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: 2024 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 2024 holiday moratorium dates:
• President’s Day – Monday, February 19, 2024
• The Academy Awards – Sunday. March 10, 2024
• Mother’s Day – Sunday, May 12, 2024
• Memorial Day – Monday, May 27, 2024
• Father’s Day – Sunday, June 16, 2024
• Independence Day – Thursday, July 4, 2024
• Next Night Block Party – TBD, if applicable
• Labor Day – Monday, September 2, 2024
• Veteran’s Day – Monday, November 11, 2024
The attached letter from TPOG describes the work hours and construction activities for these dates.
Metro did not include TPOG’s requests for exemptions for religious holidays or requests that were not filed at least 60 Days prior to the proposed holiday moratorium.
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
Purple Line Extension Section 2 Project
Enclosure: TPOG’s Letter C1120-LACMTA-1130 – 2024 Holiday Moratorium 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 County
Metropolitan Transportation Authority
Metro
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
December 15, 2023
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012-2952
Attn: Michael McKenna
TutorPerini 8•
C O R P O R A T I O N = ·---- _
a Joint Venture
LACMTA-1130
Reference : LACMTA Westside Purple Line Extension Project Section 2, Contract No. C71493000C1120 TPOG Letter LACMTA-966, dated February 7, 2023
Subject: 2024 Holiday Moratorium Exemption Request - City of Beverly Hills Dear Mr. McKenna,
This letter formalizes TPOG's written request for Holiday Moratorium Exemptions for the Wilshire Rodeo Station (WRS) and related work on Wilshire Boulevard and adjacent streets in the City of Beverly Hills (CoBH). The WRS and related work during the CoBH-identified Holiday Moratorium periods is included in the list below that TPOG is requesting exemptions for:
• New Year's Day- Monday, January 2, 2024
• The Golden Globe Awards - Sunday, January 7, 2024
• Martin Luther King Jr. Day- Monday, January 15, 2024
• President's Day- Monday, February 19, 2024
• The Academy Awards - Sunday, March 10, 2024
• Easter Sunday - Sunday, March 31, 2024
• The Erev Passover & First 2 Days of Passover - Mon., March 25 through Wed., March 27, 2024 • Mother's Day - Sunday, May 12, 2024
• Memorial Day- Monday, May 27, 2024
• Father's Day- Sunday, June 16, 2024
• Independence Day- Thursday, July 4, 2024
• Next Night Block Party- TBD, if applicable
• Labor Day- Monday, September 2, 2024
• Erev Rosh Hashanah & Rosh Hashanah - Sun., September 29 through Tues., October 1, 2024 • Erev Yorn Kippur & Yorn Kippur - Tues., October 8 through Wed., October 9, 2024 • Veteran's Day- Monday, November 11, 2024
The work at WRS on Wilshire Boulevard and adjacent streets during the CoBH-identified Holiday Moratorium periods includes the activities listed below and other miscellaneous activities. Planned work days and hours for these activities are planned as follows:
1 Tutor Perini Corporation / O&G
Century Park Plaza
1801 Century Park East Suite 500
Los Angeles , CA 90067
Construction Activity
Access through deck panels for occasional
material delivery and utility maintenance
(including removal of struts and wales)
Work conducted in the staging yards to
support station/tunnel construction, or
other work within the staging yards
WRS Appendage construction (i.e. pile
installation) and support activities
(including tunnel/CP support)
WRS Appendage decking installation &
removals (in public right-of-way)
Engineering (Survey/Potholing/
Environmental/Dewatering/Geotechnical/
Instrumentation & Monitoring/
decommissioning)
Utility Relocations and New Utility
Services (installation of WRS SCE
permanent power)
Al l other activities
TutorPerini 8•
C O R P O R A T I O N _ .,,_.,_ ~
a Jaint Venture
Weekdays Weekends
9:00AM to 4:00PM 9:00AM to 4:00PM
8:00PM to 7:00AM 8:00PM to 7:00AM
8:00AM to 8:00PM 8:00AM to 8:00PM
8:00PM to 8:00AM 8:00PM to 8:00AM
7:00AM to 4:00PM 7:00AM to 8:00PM
8:00PM to 7:00AM
TBD Friday 8:00PM to Monday
7:00AM (59 Hours)
7:00AM to 4:00PM 8:00AM to 7:00PM
8:00PM to 7:00AM
7:00AM to 4:00PM 8:00AM to 7:00PM
8:00PM to 7:00AM
7:00AM t o 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 exemption periods. These Holiday Moratorium Exemptions would allow TPOG to continue to perform work according to the Project schedule. With the possible exception of some weekend work listed, for which we have not finalized our planned work schedules, TPOG notes that not receiving the MOAassociated Holiday exemptions would cause a delay to the Project.
Please contact the undersigned if you have any questions or need any additional information.
Sincerely,
Pl/
Dan Louis
Project Manager
Attachment: Holiday Moratorium Exemption Supporting Documents (via e-distribution) 2 Attachment 2
1 Christine Chung
From: Ogunrinde, Ayokunle <[email protected]>
Sent: Tuesday, January 16, 2024 1:22 PM
To: Christine Chung
Cc: Bill Zein; Lake, Mindy; Varley, Zephaniah
Subject: Metro Sec 2 - Holiday Moratorium waiver request for Feb to Nov 22024 CAUTION: External Sender
Use caution when clicking links or opening attachments
Christine:
TPOG would like to work the following holidays.
President’s Day – Monday February 19th, 2024 work in Station to continue the concourse level exterior walls, falsework for highbay roof, concourse on the westside of the station. These items are on the critical path for station completion. Need street closures for reinforcing bar, falsework delivery and concrete placement through Wilshire deck opening.
For S. Beverly Appendage, placing the walls night work.
S. Canon day work for walls
TPSS excavation to bottom of appendage day work inside Canon yard work area.
The Academy Awards – Sunday March 10, 2024 similar tasks to President’s Day above.
TPOG would like to only work the previous night (Saturday) shift that will end at 6am Sunday. No additional work after 6am Sunday.
Mother’s Day – Sunday May 12, 2024 work on station roof including erecting falsework, reinforcing and other roof activities. TPOG would like to only work the previous night (Saturday) shift that will end at 6am Sunday. No additional work after 6am Sunday.
Memorial Day – Monday May 27, 2024. TPOG will not work.
I
2 Father’s Day – Sunday June 16, 2024 work on removing the falsework to the station, completing the arch roof westside of the station. Waterproofing and backfilling. TPOG would like to only work the previous night (Saturday) shift that will end at 6am Sunday.
No additional work after 6am Sunday.
Independence Day – Thursday July 4, 2024 similar tasks as Father’s Day above. TPOG would like to only work the previous night (Wednesday) shift that will end at 6am Thursday Independence Day. No additional work after 6am Thursday.
Next Night Block Party – TBD Deck Removal and other construction activities. Work the entire day everywhere except on S. Beverly. Closures will be closely coordinated with the City to minimize impact to the Next Night Block Party.
Labor Day – Monday September 4, 2024. TPOG will not work.
Veteran’s Day – Monday November 11, 2024 – Prepare the streets for holiday moratorium to meet the requirements of the MOA.
The dates above represent the request to meet the WRS project schedule and ensure a timely completion of the construction within the City of Beverly Hills. In terms of priority, we would like to prioritize in decreasing order.
1. President’s Day
2. Veteran’s Day
3. Any other holidays.
Thank you,
Kunle Ogunrinde P.E.
Metro