----

Los Angeles County

Metropolitan

Transportation

Authority

One Gateway Plaza

Los Angeles , CA

90012

213-922. 6000

Mailing Address:

P.O. Box 194

Los Angeles , CA 90053

November22 1996

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TO:

FROM:

OARD OF DIRECTORS

/Ii\,./Y'-'; t \.---'-JOSEPH E. DREW, CHIEF EXECUT

rf'6rhcERCOOPERATIVE AGREEMENT k.JEN LOS ANGELESCOUNTY METROPOLITAN TRANSPORTATION AUTHORITYAND THE CITY OF LOS ANGELES

SUBJECT:

RECOMMENDA TION '

Authorize the Chief Executive Officer to enter into a Cooperative Agreementbetween the City of Los Angeles and the Los Angeles County MetropolitanTransportation Authority (MT A) to administer and operate a cleaning and graffitiabatement program utilizing the Hollywood Construction Impact Program (HCIP)funds for the period of February 1 , 1997 through June , 1998 at a cost not to exceed$500 000.

ORGANIZATIONAL IMP ACT

The proposed agreement will provide for a continued program of cleaning and graffitiabatement to the Hollywood corridor impacted by Metro Rail construction. Thisprogram also serves to mitigate MTA' s construction impacts along the Hollywoodand Vermont Corridors.

BUDGET IMP ACT

Sufficient funds for this program are budgeted through the H~~P. 92 the Boardauthorized $16.7 million dollars for the HCIP program. A ~~,44~Q!wwasbudgeted for cleaning programs of which $147 000 has-been spent toclilte.The

proposed program would cost $500 000. Approval of the recommended action basedon expenditures and encumbrances would leave a balance of approximately

~L TERNA TIVES CONSIDERED

Alternatives include: 1) Continued participation in the Hollywood Chamber ofCommerce Adopt - A - Block Program; 2) Terminating MT A involvement in theAdopt - A - Block Program and partnering with the City of Los Angeles to providethe cleaning services; or 3) Developing an MTA Request for Proposal for the cleaningservices and conducting the work in-house. Due to a previous Board directive, staffdid not consider the viability of not having a cleaning program.

Hollywood Cooperative AgreementNovember 22 , 1996Page 2

BACKGROUND AND DISCUSSION

In 1992 the Board approved a program of enhanced mitigation for HollywoodBoulevard which included $1,445 000 for cleaning programs. These programsincluded cleaning of: sidewalks , construction zones, surrounding buildings , windowsand graffiti abatement.

MT A participates with the Hollywood Chamber of Commerce in the Adopt - a -Block Program along Hollywood Boulevard. This program provides MT A opportunity to partner with an existing organization in the Hollywood community toprovide this service. MT A adopted 17 blocks in Hollywood at a cost of $6 800 permonth. The cost includes both cleaning and graffiti removal services.

To date , $147 000 has been spent on cleaning activities. If this agreement isapproved , MTA will discontinue its participation in the Adopt-a-Block program. Ifthis agreement is not approved, MT A will continue to participate in the Chamber ofCommerce s Adopt- Block Program through June 30 , 1997.

Recently, merchants and officials have asked MT A to consider an expanded cleaningprogram for Hollywood Boulevard during construction of Metro Red Line. It isbelieved that the program could be enhanced to provide a higher level of service.

The City of Los Angeles has offered to administer a contract, in partnership withMT A, to target local community organizations to provide services. The City isprepared to provide oversight of the program and ensure that the funds spent fromHCIP are supplemental and will not replace Los Angeles City funds. The proposedprogram would cost $500 000 and would begin January 1 , 1997 through June 301998. If a comprehensive program is not approved by the MT A Board, MT A couldcontinue with its participation in the Adopt- Block program or contract with anagency to provide cleaning services on an as needed basis.

DBE P ARTICIP A TION

The proposed agreement will require DBE participation in the program through theCity of Los Angeles.

ATTACHMENTSAttachment 1 - Original program adopted in 1992;Attachment 2 - Proposed AgreementAttachment 3 - Scope of Work and Work AreaAttachment 4 - City of Los Angeles Information

R e JamesExecutive Officer, Communications and Customer ServicesgelulHCIP Agreement

--"11"- ."'----"~'~~'"I'-~~ 1IiIII"'.-~~" 1T---'-~~~~-t.1

ATTACEt'iENT 1

DECEMBER J, 1992

MEMO '1'0: PLANNING ~lD HODILI'1'Y IMPROVEHZHT COKHITTZ! - 12/~/92KEI::TING

TROMI 3X%CUTIVB DIR%CTOR

8UBJECTz KETRO RED LINE HOLLYWOOD 8EGKENT ENHANCED CONaT~UCTIOHPROORAH

ISSUE

In ordor to rnOQt thQ reVonUQ operations date for Metro RailSegment 2 and Segment J stations on Hollywood and Vermon~Boulevards, throe separate decisions must be made by the end ofJanuary l??J. Staff has completed the analyses which, if icplernented as A pack.:1ge, could prov ide Hollywood with full"y-functional, aesthetic transit 5tations that will attract autocommuters to transit. Tho project will be built with rar lessdisLuption than initially projected in the environ~ontaldoc;umontu and ....ill incluua an unprecedented community-basaduu:.dnoIiH improvernunt program. Finally, all thrao Hollywood~tations will be , open at tho earliest timQ possible to spur therevitalization of tho District.This memo aq~rQsscs two key iS5UCS by describing star!recommendati~nB for an enhanced business improvement programduring construction and by rocom..'i!endlng that theHollywood/l!lghland station be built using enhanced cut and covertechniques r~ther than the mined technique previously Authorized.A separate mama recommends action on transit enhancement changesin project scope that have been developed as a result of stationarca planning studios to enhance transit access and jointdcv~lopmont potential at Geveral Segment 2 stations.

This item is on the agenda as an information/posDible action iteebecause staff is uncertain whether the community and/or LACTCwill" bo ready to act on any or all o! the recommendations at theDecember 16 , 1992 mooting.

RECOH.KENDA T IONS

1 ) Adopt an enhanced construction mitigation program forlIollywood Boulovard includillCj tho5U measureD thAt addt euscomrnunity 11m! hlllllno:.iu (;OIll:UI"lI1l uxpL"auRod by aloctodCJrrh:lldti c()o\nlllrdl.y Junclur!! "11,1 nu a t" Otl\llt ot c.~l.\mlUo.1l1l.u "t

l/ul,llc..: rn.....tIIlIJtI lille! hocll" llll.!'. , ulhql" nlUdUIU"dU 1\\"0 lllclu\lu. IIIth~ lnitl/\l mlti'JI\liOIl 1'1 0')1'1\111 Clc.luptcnl undtJt" Cl-:Q'" nl\\l :-n:,,'

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1/1 LhtS Jlnllywo",l t'llnutruc;t.lrl() Impln:t l'L. I)(jl l1m. (uuoAltd,;lun'lnt A). la, Anvo'nCaulIl, "'10/0,.

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Metro Read LinoDeoember 1, 1992Pi1ge 3

Tho recent dQ~erral o~ tho Melvin Simon Company projQct atHollyvood/H.lqhland, hl\l& ruulted 1n' '4 auitab1 Q conatructlonl~ydown Rita baing avnilabln. Uy uulng the cut and covertechnique , tho conutructlon &chodulo can be roducod by one yearso that the Hollywood/Highland station can opa" lor aervica priorto completion o! the other Segment J stations..

In addition to those actions , 22 specl!ic ~i tigation and businessimprovement Gtrategies have bGen developed to address comcunityconcerns. (See Attachment A). These strategies fall into , threotypes, as follo~5:

Mitigations required in tho 1989 FSEIS/FSEIR, tproceding Metro Rail federally-approved EIS I S , ~ndErR' s rGlated historical/cultural agreements thatprincipally mitigate significant physicai icpactscaused by tho construc~ion or operation of Hetro Railon Hollywood l3lvd.

"2. Hitigationa initiatod by tho RCC stat! boyond tho EISto ensura that tho LACTC minimizQs advQrlio economi.cuCCQctso to tho touris.t market and HollY'-'ood Boulovard~u'ailara during construction. Some of those woredeY~loPQd as a rQsult of HOS-l and Blue Lineexper 1ence. OtherG were proposed to address the uniqueHollywood retail ~nd com11\.i.l/1ity needs.

Hitigations incorporated as a resu~t of proposals byothers. These included mitigation measures developedto address 14 issues raised by elected officidlsissues raised ~t public hoarings and meetings , andnumerous suggestions of the CRA and community leaderswith significant constituencies and sometimescontrasting viawa.

The mitig~tion plan provides uniquely tailored protection to thehistoric diGtrict and retail and antertuinment communities duringconG truction , YEit it douu not advcn:.e ly, affect the ability tom~ot tho rovcnUQ opa~ation dnto for the Dubway stations ortunnuls under lIollywood Uoulovlird. 'rhu plan ~lso include~croatian of Hollywood Hott. CI Advit.ilJt y committee that will be usedto Inon1to:." implolnolltiltion at. tho 1Jll~iIlU:.S emhdn('.ol1u~nt utrt\toqlu:InnLl l' eC:OUln1'-1I1U n1CJdICIc;.1tiClIIII loll ll\u u1UlUllntr& 1\11.1 \J\\d\)utu ....lLhlnI. Ia 1,' 0,;2' / million IIl:fJY&' t\l1/ .2tJ 1:011:.11.1110 l iull '1'1'\lIJI UtiUU:'.

CUT r,ND COV~H va. M"I, I:n an"I'YOU l:Otlll'rHUC'rWN

~llll;c 1.110 I.I\CTC cIll.htJl i~ud 1.llu '\1' 1: 11 0 I.:du:.ol. 1"la.:l. lliulIollyw()."IlI/lIiIJh'clJld HI"...~ilJlI II\, 1111 II 1 I".'J lUutlw. I:J lll.: 1:(.'(' ('\(1,1 r~h-

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Metro Red LineDccecber 1, 1992Page 5

no adjacent or!-atroatconstruction-staQinQ araa avallablabecause the simon - aito is availablQ and the station can be builttrom art of the otreet , RCC and LACTC start recommend that thoUollyvood/Highland Station be conatructed . using the sama cut andcover methods as tho other two stations on Hollyvood Boulevard.

PREPARED BY: STEVE LANTZDirector, Westside Area Team

/f,~' w~ 6

VEl L PETERSONExGcutive Oirccto~

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PROJECT DESCRIPTIONS AND MAJOREXPENDITURE ELEMENTS

BUS AND RAIL OPERATIONS $634.3 Million

MTA will operate 6.5 million bus revenue service hours during FY 94-95. Theseoperations involve a total bus fleet of over 2000 buSes.

The MT A also will operate 75 300 Blue Line light rail revenue service hours and19,300 Red Line heavy rail revenue service hours.

RAIL CONSTRUCTION PROJECTS

Metro Red Line Segment , $11.9 Million

The 4.4-mile, 5-station Red Line Segment 1 project, which connects Union Station toWestlake/MacArthur Park, opened for revenue service in January 1993. The projectteam will conclude contract and financial close-out on Federal and State grants andwill resolve internal fmancial issues.

Metro Red Line Segment S261.2 Million

The Wilshire Corridor ~xtends from the Westlake/MacArthur Park Station northwestto WilshirelVermont, and west along Wilshire Boulevard to Western Avenueterminating at the Wilshire/Western station, The FY 94-95 budget includes costs forcontinuing station installations, rail bed and rail, fue sprinklers, automatic traincontrol , traction power, air handling, and communications,

The VermontIHollywood Corridor extends north from WilshireN ermont alongVermont Avenue, turning west along Hollywood Boulevard to the HollywoodNinestation. This corridor terminates at . the tail track immediately west of theHollywoodNine station. The FY 94-95 budget includes costs for the completion oftunneling for all stations; the initiation of concrete installation for tunnel liner; theawarding of shop drawings; initiation of fabrication; and the securing of excavationsupport for the Vermont/Hollywood corridor.

Metro Red Line Segment 2 Transit Enhancements!Construction Mitigatio~ ~25.8 Million

Red Line Segment 2 Transit Enhancements/Construction Mitigation includes severalcomponents related to improvements along the Vermont Avenue and Wilshire

PAGE 37

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" Ti Ottyw-oo'cfBout ovnr9, Motro nod.,Uno F~U~"7'(~w:: ~r?gr am/~!.J :,.., ;,.i :" :~Ud90t

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Buslnos;; Enhancoments/Con structlon MItigations . (in MIllionsSldew(llks maintained at 10- loot during business hours, Hollywood 2. 600Boulovurd will not be widunod roducinQ the sizo 01 sidewalks,

2. Tw" daily Cie"an in 9 s-6Ts1dowalks , 'construc ion zon , surrounding buildings 1.445 .

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windows 8J1d gratliti undor contract win, aloe'll non- profit organlz.ation,

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oll ?dt!1J51!'Jand will be cle8fled three times dall3. Extensive slgnnge program for Hollywood businesses , includIng reglonaJbillbonrds,

~C Aggr-ess"iVo- aIkingpragrnm day-eloped by consultants to Include Metro VaJet

parking, 3- hQur validations , validation Incentives for business owners

- - ._

P.~E':gJ nha.ncemeots to allow stacked ~lnQ on adjacent lots,5, Heavy construction work hours limited trom midnight to 9 a.m. seven-days-

a-week, If lA DOT concurs , HollywoodlHighlaJld heavy construction Ylill besl:3g~~!r~m 2 a.m, to 11 a.m. to accommodato movie theaters.

6, Security on" orls~-uction sitos aTali' times plus additional /unding to CRA tor 291for supplemental security surrounding conslruction zones under the

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fi.C?~C?~d ~ocp rati'y e Securi Pro ecL7 - Public aHairs staff will be on Hollywood Boulevard 7 - days a woek, 1 ~ -hours

per day with direct access to the RCC Resident Engin~r to whom con-,_n__ actors r~port-8, Special RCt construction accommodations tor premieres end oth81' spedal

U1eater ovents , major parades DJld festivals will include work shut downs

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~loa0~00~J_ i~c:lIonal signa9.

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~nt advortis l~J 8J1d spacIal teurlst dIsplays,9, RCC- hired marketing consultants will provide ongoing ma.rkeUng, advertJs-

jng, public agency and customer-:- base expaJlsion assis!..aJ1ce to Boulevardmerchants,

fo.--- t will provide regional and !ocal advertising in magazines , newspapers8J1d flyers to promote commerce In Hollywood. Informatien will also be

ided in movie trailers 8J1d visitors guides.11. Ar. RCC lighting consultant will provide design concepts to enhance the

lighting around construction zones with the objective of providing en- .cur~ ~d theatrical excitement to the Boulevard.

12, At the Hollywood/Highland station , construction access and sail haullimited to tvlo sites north of Hollywood Boulevard (no trucking will beneeded from south side 01 the Boulevard), The construction staging siteinitially needed behind the EI Capit8fl Theater will not be needed. This alsoeduces C:JnSlru~tion ime.~cts 0..0 Ho.!!~ood Hlgh School.

13, Construction staging area fencing will be designed by the ARTS program.Fencing used along the sidewalk will not obscure signag~ or visibility

of stores. .14" I Slre decking in station areas will be builtin streot level. Parking IMes

along Hollywood Boulevard at HolI'fNood/Hial1lilJ1d will be closed onlywhun n~cossC1ry for immodlate con!itructinn activity, Thoro will bE) no porrniltwllt struut lano closuru$ ourlno construction" Sincu constructionar.cu:;~ 10 1110 undu(tjrolJnd stations will uo lrolll ull--:;!ltlot constructionslaain!J aroas onr.o tllO utilitius ;Iro rolncatfJd illHI 11ockln\J is l/1 place . U,e:"IISlIlJCtlOn will t~u 1.()"'I~ar81J11J to milli/luIU" No oqlJlPI1\ lJIlt will uo storud lln Slrl:11t (e'Ullle 111(1111111 MI,(.addlJlll'lcu:u) III, :.110(11 IlIlllulI,l! :ltOI/IUO will tit)hdd tll ,I /IIilll/111/111lllHI ~ld!;"IJd /1111110110; !l1. 1II .1. lutJ( 1111 ti'fj rlud..lI1U (ili\C;sl'lldlllt wllltll1l1:,1II111I lOp/lVI' :.111101 tlle.',I:, tll/III1.IVI' It

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Proposed AgreementNovember 22, 1996

COOPERATIVE AGREEMENT

By and Between

THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

and

THE CITY OF LOS ANGELES

THIS COOPERATIVE AGREEMENT (the "Agreement") is enteredinto as of , 19 , by and between theCITY OF LOS ANGELES BOARD OF PUBLIC WORKS~peration CleanSweep), a municipal corporation, (hereinafter referred to as theTHE CITY"), and the LOS ANGELES COUNTY METROPOLITAN

TRANSPORTATION AUTHORITY, a public entity (hereinafter referred toas the "AUTHORITY").

WHEREAS, the Authority has participated with a non-profit , community based organization for cleaning and graffitiabatement services through the Hollywood Chamber of Commerce"Adopt- Block" Program ; and

WHEREAS, the Authority Board has provided fundscleaning and graffiti abatement services and other services whenappropriate as part of a program of construction mitigation ofconstruction impacts known as the Hollywood Construction ImpactProgram (HCIP) which includes provisions for cleaning andgraffiti abatement with a community based organization; and

WHEREAS, the City of Los Angeles has a establishedprogram through its Public Works Department that can provide anarray of cleaning services for Hollywood Boulevard.

NOW , THEREFORE , in consideration of and reliance uponthe foregoing and upon the covenants, agreements , representationsand warranties herein contained, the parties agree as follows:

Article I - SUBJECT OF AGREEMENT

Section 101 - Purpose of Agreement

A. The City shall administer and operate the graffitiabatement program for MTA in the Hollywood Corridor. TheHollywood Corridor includes the area of HollywoodBoulevard bordered by LaBrea on the west, Vermont on theeast , Franklin on the North and Fountain on the south.This includes selecting a community based organization asthe cleaning and graffiti abatement contractor through a

Page 1 of 13

DRAFTNovember 22 1996 4:47 PM

Request for Proposal ("RFP") process, entering into acontract with the selected community based organizationwi th a term commencing on the date of execution of thecontract through the balance of the 1996 - 1997 Fiscal Year( II FY 97"), overseeing the activities of the Contractorand paying the Contractor for services rendered.

B. The Authority shall transfer to The City $100 000

initiate the cleaning program for Hollywood. After costfor the program will be reimbursed on a quarterly basis.Beginning June 1997 , September 1997 , December 1997 , March1998 and June 1998. The contract cost should not exceed$500, 000.

It is further intended that this Agreement be renewableannually subj ect to the availability of funds andcontinuation of the program of construction mitigationfor the Hollywood Corridor.

Section 102 - Parties to the Agreement

The City of Los Angeles , is a municipal corporationorganized and existing under the laws of the State ofCalifornia and the Los Angeles City Charter, having itsprincipal office at 200 North Spring Street, LosAngeles~ California 90012. For the purposes of thisAgreement, the City I S Representative shall be theDepartment of Public Works, Operation Clean Sweephaving its principal office at 200 N. Spring Street,Room 353, Los Angeles, California 90012.

The Los Angeles County Metropolitan TransportationAuthority, California, a public entity, exercisinggovernmental powers , and organized and existing underPUC 130050. 1, having its principal office at 1 GatewayCenter, Los Angeles, California 90012. For thepurposes of this Agreement the Authority'representative shall be the Chief Executive Officer ofthe Authority, or other official as the Authority maydesignate.

Section 103 - Relationship of the Parties

The relationship of the parties under this Agreement isand at all times shall remain solely that of anindependent contractor to each other. Neither partyundertakes nor assumes any responsibility or dutyexcept as expressly provided for herein. Except asspecified in writing, neither party shall have anyauthority to act as an agent for the other or to bindthe other to any obligation.

Article II - OBLIGATIONS OF THE PARTIES

Page 2 of 13

Proposed Agreement

November 22 , 1996

Section 201 - Statement of Work

Section

The following are the duties and obligations of theAuthority and The City pursuant to this Agreement.

202 - Authority ObligationsScope of Work: The Authority shall provide The Citywi th a "Scope of Work" which describes the cleaning andgraffiti removal work to be performed in a ServiceArea , as defined below, and the time for performance(the "Term") (the "Scope of Work") .

The Authority, by mutual agreement with The City, mayamend the Scope of Work in any fiscal year. Eachamendment shall be an independent work requestpertaining to a specific Service Area with its ownfunding source which shall be transmitted to The Cityin accordance with Subsection C below.

Area to be Served: The Authority shall provide to TheCity within the Scope of Work a description of thegeographic area where the work is to be perfQrmed (theService Area"

).

Also attached hereto and incorporatedherein as Attachment 2 is the map of the Service Area.

Financial Obligation: The Authority shall affix afinancial amount to a Scope of Work which shall provideto The City sufficient funds for The City to meet thefinancial obligation of a contract with a Contractor toperform a Scope of Work for a fiscal year, or portionthereof (the " Financial Obligation"), The cumulativetotal of all of the Scopes of Work for any fiscal year(FY) shall be the "Annual Financial Obligation"

1, FY 97/98 Financial Obligation: The Annual FinancialObligation for fiscal years 1997 and 1998 shall bethe maximum amount of five- hundred Thousand Dollars($500, 000), $250, 000 for FY 97 and $250, 000 for FY98, for the Hollywood Scope of Work.

FY 97 Payment Schedule: The Authority shalltransmit within 90 days of the execution of thisagreement the total Annual Financial Obligationfor Fiscal Year 1997 to Board of Public WorksContractual Services for placement in an AccountNumber to be provided to the Authority by TheBoard of Public Works Contractual Services on theeffective date of this agreement.

The FY 98 Payment Schedule: The Authority afterauthorization from the Chief Executive Officer ordesignee, make the Annual Financial ObligationPayment for the Scope of Work in two payments. Thefirst payment of $125 000 of the Financial

Page 3 of 13

DRAFTNovember 22 , 1996, 4:47 PM

Obligation for shall be made by August I, 1997.

Page 4 of 13

Proposed Agreement

November 22, 1996

The second payment of $125 000 of the FinancialObligation shall be made within 30 days of awritten request in the form of an invoice forpayment by The City which request shall betransmitted to the Authority upon completion byJanuary 1 , 1998. Both payments of the FinancialObligation for FY 98 shall be transferred to theBoard of Public Works Contractual Services asdescribed above for placement in Account Numberthat is to be provided to the Authority prior toAugust 1, 1997.

Future FY Financial Obligations: The AuthorityChief Executive Officer or designee or AuthorityBoard, and City Council, as required , shallauthorize the Financial Obligation for the Scopeof Work dependent upon renewal of this agreement.

Future Financial Obligations Payment Schedule:The Authority shall , after authorization from theChief Executive Officer or designee, make theFinancial Obligation Payment for the Scope of Workin two payments. The first payment of one- half ofthe Financial Obligation shall be made withinthirty days of execution of a letter agreemententered into by the Parties extending the terms ofthe Agreement, authorizing the Scope of Work and arelevant Financial Obligation pursuant to Section406.

The second payment of such a Financial Obligationshall be made within 30 days of a written requestin the form of an invoice for payment by The City,which request shall be transmitted to theAuthority upon completion of one-half of the Termof the Scope of Work.

The City shall advise the Authority of the accountnumber where the Financial Obligation is to beplaced.

Section 203 - The City Obligations

Contract Award:

The City shall perform all of the steps necessaryto award a public works contract, for a fiscalyear , in compliance with State of California andCi ty of Los Angeles requirements to a communitybased organization capable of performing all ofthe work detailed in the Scope of Work (the"Contractor") .

Page 5 of 13

DRAFTNovember 22 1996, 4:47 PM

The City shall enter into a contract for a fiscalyear , or portion thereof , with the Contractor toperform the Scope of Work in the Service Area.The contract shall meet all City requirements forinsurance and MBE/WBE/OBE goals.

Contract Administration

The City shall be responsible for assuring thatthe Contractor is performing the work described inthe Scope of Work.

Upon the receipt of satisfactory evidence ofperformance, The City shall provide payment to theContractor from the Financial Obligation for theScope of Work.

Satisfactory evidence of performance shall bebased upon the submission of records and monthlyreports from the Contractor and site inspectionsto the Service Area by The City staff.Upon receipt of evidence of performance from thecontractor, The City shall complete the MTA HClPReport of Expenditure and return to the AuthorityPublic Affairs Department within five (5) workingdays(attachment 3) .

Section 301 - Accounts and Records

Article III - Record Keeping

The City shall maintain complete and accurate books ofaccount and records for all funds utilized under thisAgreement, including records which will permit a speedyand effective audit and which will fully disclose theamount and the disposition by The City of the AnnualFinancial Obligation. The City shall require theContractor to maintain all financial and operatingrecords, reports and statements. The City and theContractor shall maintain records for a minimum of Ten(10) years unless otherwise required by, federal , stateor local funding regulations.

The City and the Contractor shall furnish the Authoritysuch financial , operating, and statistical reports,records statements and documents relating to theirperformance hereunder at such times, in such forms andaccompanied by such supporting data, all as mayreasonably be required from time to time by theAuthority.

Page 6 of 13

Proposed Agreement

November 22 , 1996

Section 302 - Access to Records Audits

The City and Authority officials shall have full andfree access to all books, papers , documents and recordsof The City and the Contractor that are pertinent totheir performance under this Agreement , including theright to audit , and to make excerpts and transactionsand reports, and the compliance with laws, regulationsand administrative requirements.

Section 401 - Indemnification

Article IV - General Provisions

In contemplation of the provision of Section 895. 2 ofthe Government Code of State of California imposingcertain tort liability jointly upon public entitiessolely by reason of such entities being parties to anagreement as defined by Section 895 of said Code, theparties hereto, as between themselves, pursuant to theauthorization contained in Section 895. 4 and 895. 6 ofsaid Code , will each assume the full liability imposedupon it, or any of its officers, agents , employees bylaw for injury caused by negligent or wrongful act oromission occurring in the performance of this Agreementto the same extent that such liability would be imposedin the absence of Section 895, 2 of said Code. achieve the above-stated purpose, each partyindemnifies and holds harmless the other party for anyloss, costs or expenses that may be imposed upon suchother party solely by virtue of said Section 895. 2 ofsaid Code. The provisions of Section 2778 ofCalifornia Civil Code are made a part hereof as iffully set forth herein.

Section 402 - Service Notices

The representatives of The City and Authority arehereby authorized to administer this Agreement and aredesignated to receive all formal notices, demands andcommunications.Formal notices, demands, and communications to be givenhereunder by either party shall be made in writing andmay be effected by personal delivery or by registeredor certified mail, postage prepaid, return receiptrequested and shall be deemed communicated as of thedate of mailing.

If the name of the person designated to receive thenotices, demands or communications or the address ofsuch person is changed, written notice shall be given,in accordance with this section, within five (5)working days of said change.

Page 7 of 13

DRAFT

November 22 1996, 4:47 PM

Section 403 - Default or Breach

Failure to perform a material obligation under thisAgreement shall be a default or breach of theAgreement. A material obligation shall be consideredany failure to supervene any provision of thisagreement and/or the Scope of Service. The non-defaulting party shall give written notice of thebreach to the party in default. The party in defaultshall have forty- five (45) days to cure or commence tocure the breach (the "Cure Period"

).

Upon terminationof the Cure Period, the non-defaulting party shallhave, to the fullest extent permitted by law or inequity, the right (in addition to any rights orremedies in this Agreement specifiaally provided) to:

Maintain any and all actions at law or in equityagainst any party to enforce the correction of anysuch default or breach or to enj oin any suchdefault or breach; or

Suspend project operation in accordance withSection 403 of the Agreement; or

Terminate the Agreement in accordance with Section404 of the Agreement.

Failure to act upon a breach shall not beconsidered a waiver of rights under thisAgreement.

Section 404 - Suspension

Either party may suspend funding of all or part of theproj ect operations for failure of the other party tocomply with the terms and conditions of this Agreement.Suspension may be accomplished by giving written noticewhich shall be effective upon receipt and which shallcause repayment of all unexpended funds.

Said notice shall set forth the specific conditions ofnoncompliance and the period provided for correctiveaction.Within five (5) working days the party notified of suchfailure shall reply in writing setting forth thecorrective actions which will be undertaken , subject toapproval in writing of other party.

Page 8 of 13

Proposed Agreement

November 22, 1996

Section 405 - Termination of Agreement

The parties to the Agreement shall have the right toterminate this Agreement:

In the event that the other party is in default ofits material obligations under the Agreement.

In the event of a default , the party seekingto terminate the Agreement shall give Thirty(30) days written to the other party,specifying the cause of the default.

The party in default shall have the CurePeriod from the date of mailing of suchnotice to cure the default.

The termination of the Agreement shall not beeffective unless the party in default failsto cure the default within the Cure Period.

Upon mutual agreement of the parties.Upon both party s completion of all activitiesrequired to be undertaken in this Agreement.

The parties shall seek to resolve any disputes whichmay arise hereunder by meeting as frequently as may benecessary to reach accord with respect to any suchdisputes. It is the express intent of the parties tothis Agreement that any such disputes shall be resolvedby means other than termination and/or litigation.Notwithstanding the foregoing, The City and theAuthority reserve the right, at their option, toterminate this Agreement as provided herein.In the event of termination ofAgreement , the Authority shallamount sufficient to reimbursework performed, but if paid inexcess funds to MTA.

all or part of thispay to The City anthe Contractor for alladvance City must return

Section 406 - Agreement Renewal

This Agreement may be renewed on expiration andthereafter annually at each fiscal year end (June 30),upon the authorization of the Authority and the City,subject to the availability of funds. Each suchrenewal agreement shall be in writ ing, executed by theauthorized representatives of the Parties, or theirdesignees, and shall include a Scope of Work and amountof the Financial Obligation.

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November 22 , 1996, 4:47 PM

Section 407 - Assignment of Agreement

This Agreement, except as provided, may not be assignedwithout the prior approval of the City or MTA.

Section 408 - Conflict of Interest

No member , official or employee of the Authority or theCi ty shall have any personal interest, direct orindirect, in this Agreement nor shall any such memberofficial or employee participate in any decisionrelating to the Agreement which affects his or herpersonal interests or the interests of any corporationpartnership, or association in which he or she isdirectly or indirectly, interested.Each party shall comply with all relevant City, Stateand Federal rules and regulations with respect toconflicts or interest.Each party warrants that it has not been paid, paid orgiven and will not pay or give to any third person anymoney or other consideration for obtaining thisAgreement or benefit from this Agreement.

Section 409 - Non- liability of Officials and Employees

No member, official or employee of the City or theAuthority shall be personally liable to the otherparty, or any successor interest, in the event of anydefault or breach by the City or the Authority, or forany amount which may become due to the City, Authorityor successor, or on any obligations under the terms ofthis Agreement.

Section 410 - Enforced Delay: Extension of times of Performance

A. In addition to specific provision of this Agreement,performance by the parties hereunder shall not be deemedto be ' in default where delays or defaults are due to:war; insurrection; strikes; lockouts; riots; floods;earthquakes; fires; casualties; acts of God; acts of thepublic enemy; epidemics; quarantine restrictions; freightembargoes; lack of transit; governmental restrictions orpriority; litigation; unusually severe weather; inabilityto secure necessary labor , materials or tools; delays ofany contractor , subcontractor, or supplier; acts of theother parties; acts or failure to act of any public orgovernmental Authority (other than the party in default)

Page 10 of

Proposed Agreement

November 22 , 1996

or any other causes beyond the control or without the faultof the party claiming an extension of time to perform. extension of time for any such cause shall before the periodof the enforced delay and shall commence to run from thetime of the commencement of the cause.

Times of performance under this Agreement may beextended by written agreement by The City and theAuthority.

Section 411 - Discrimination Prohibited

No person shall, on the grounds of race, religionancestry, color , national origin , sex, sexualpreference , age or physical handicap, be excludedparticipation in , be denied the benefit of, or besubj ected to discrimination under this proj ect.

from

Section 412 - Nondiscrimination, Equal Employment Practices, andAffirmative Action Program

The City shall comply with the nondiscrimination andaffirmative action provisions of the laws of the Stateof California and the City. In performing thisAgreement , the City shall not discriminate in itsemployment practices against any employee, or applicantfor employment because of such person s race, religion,ancestry, color, national origin, sex, sexualpreference , age or physical handicap.

Section 413 - Approvals

Whenever the consent or approval by either party isrequired hereunder, except as otherwise hereinspecifically provided, such consent or approval shallnot be unreasonably withheld or delayed.

Section 414 - Captions

The section headings appearing herein shall not bedeemed to govern, limit, modify or in any way affectthe scope meaning or intent of these conditions.

Section 415 - Plain Meaning

This Agreement is product of negotiations between TheCity and the Authority and is not to be construedagainst or in favor of one party or the other. Theplain meaning of the terms of the Agreement are to beused.

Section 416 - Subcontracting

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DRAFTNovember 22, 1996 4:47 PM

All contracts and subcontracts awarded by The City inaccordance with this Agreement shall incorporate allapplicable City and State rules and regulations.

Article V - ENTIRE AGREEMENT, WAIVERS, AMENDMENTS, SEVERABILITY,AND CHOICE OF LAW

Section 501 - Entire Agreement

This Agreement shall be executed in (duplicate originals, each of which is deemed to be anoriginal. This Agreement includes thirteen (13) pagesand two (2) attachments which constitute the entireunderstanding and agreement of the parties.This Agreement integrates all the terms and conditionsmentioned herein or incidental hereto, and supersedesall negotiations or previous agreements between theparties with respect to the Hollywood ConstructionImpact Program.

Section 502 - Waivers and Amendments

All waivers of the provisions of this Agreement must bein writing and signed by the appropriate authorities ofthe parties to the Agreement

No waiver by any party or a breach of any provision ofthese conditions shall be deemed for any purpose to bea waiver of a breach of any other provision hereof, orof a continuing or subsequent breach of the sameprovision.All amendments hereto must be in writing and signed bythe appropriate authorities of the Authority and TheCity. Such amendment shall not require the consent ofany other person or entity having an interest in theSite.

Section 503 ~ SeverabilityIf any provision of this Agreement or the applicationthereof to any person or circumstance shall be invalidor unenforceable to any extent, the remainder of thisAgreement and the application of such provisions toother person or circumstances shall not be affectedthereby and shall be enforceable to the greatest extentpermi t ted by law.

Section 504 - Choice of Law Governing This Agreement

This Agreement shall be governed by and construed inaccordance with the laws of the State of California.

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Proposed Agreement

November 22, 1996

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DRAFTNovember 22 , 1996 , 4:47 PM

Article VI - TIME FOR ACCEPTANCE OF THIS AGREEMENT BY THE CITY;DATE OF AGREEMENT

This Agreement, when executed by the Authority anddelivered to the City, must be approved, executed anddelivered by the City to the Authority within sixty(60) days thereafter , unless extended by mutualagreement, or this Agreement may be terminated by theAuthority on written notice to the City. The date ofthis Agreement shall be October 1, 1995 and shallremain in effect until terminated pursuant to Section405.

IN WITNESS WHEREOF , the parties hereto have each causedthe Agreement to be executed by their duly authorizedrepresentatives.

Ci ty of Los Angeles

Date: By:

APPROVED AS TO FORM:

JAMES K. HAHN , City Attorney

By:City Attorney

Date:

THE LOS ANGELES COUNTYMETROPOLITAN TRANSPORTATIONAUTHORITY

Date: By:Chief Executive Officer

APPROVED AS TO FORM:

DEWITT CLINTON , County Counsel

Date: By:DEPUTY COUNTY COUNSEL

Page 14 of 13

ATTACHMENT 3

CITY OF LOS ANGELESDEPARTMENT OF PUBLIC WORKS

SCOPE OF WORK

CITY OF LOS ANGELESDEPARTMENT OF PUBLIC WORKS

PROPOSED

SCOPE OF WORK

TABLE OF CONTENTS

SECTIONDESCRIPTION

II,

III.

IV,

PAGENO,

INTRODUCTION

....",....""".."...."....,.."..,'.."", ,...." ,..,..""..""",."""

,.,'..,.""" A-A, AREAS OF SERVICE ,..",..,..",..,.."""""""""",."""..""...."",",.""B, CLEANING """""....",.."..".."""""""",..,.."",."",.."""""""..",., A-C, SPECIFICATIONS "",."".".""..,.""""""""".."."",.."","."""""",.RESPONSIBILITIES """"""""",.."""""""."""""""""""""""""""""."",.".",

OTHER REQUIREMENTS

......".."",'.."..',......"", ..............""..""..""""

......'".", A- 7

EXHIBIT"

.." ,.,." ,." .." ..,

ATTACHMENT 3

CITY OF LOS ANGELESDEPARTMENT OF PUBLIC WORKS

METRO RED LINE HOLLYWOOD CORRIDORSCLEANING/GRAFFITI REMOVAL SERVICES

PROPOSEDSCOPE OF WORK

INTRODUCTION

The services of a cleaning/graffiti removal contractor(s) shall be used to thoroughly cleanMetro Red Line construction areas in the Segment 2B corridors. This encompassesVermont Avenue between Fountain Avenue and Franklin Avenue and Hollywood Boulevardbetween Vermont Avenue and la Brea Avenue,

The cleaning/graffiti removal contractor(s) hired by the City of Los Angeles (City) shallprovide all labor, materials, cleaning supplies, equipment, transportation and all other itemsnecessary to perform these services, The Authority must be provided with an approvedMaterial Safety Data Sheet (MSDS) for all cleaning and removal products, The MSDS willbe submitted to the City Department of Public Works, Operation Clean Sweep (OCS),Acceptance of the MSDS by City of Los Angeles, Department of Public Works, OCSconstitutes acceptance of cleaning products for use on this contract,

Graffiti removal services shall be performed as follows:

AREAS OF SERVICE:

HOllYWOOD CORRIDOR

Areas of service will include Hollywood Boulevard between Vermont Avenue and laBrea Avenue which includes three stations under construction at Western Avenue,Vine Street and Highland Avenue and the tunnel construction areas including thesite at Barnsdall Park (between New Hampshire Avenue and Berendo Street),

VERMONT CORRIDOR

The Vermont Avenue alignment between Fountain Avenue and Franklin Avenueincluding the Sunset Station and areas surrounding the perimeter of theVermont/Santa Monica Station and the Vermont/Beverly Station,

CLEANING SHALL BE PERFORMED AS FOllOWS:

1 . Routine cleaning

All areas are to be serviced once per day for sweeping, debris removal, and,as requested window washing, between 9:00 a.m, and 11 :00 a.m. Asecond cleaning is required during the summer tourist season of June through September 30, of the contract year, between la Brea Avenue andVine Street at 3:00 p.m., as identified in paragraph C, 1 below. RoutinecleaninQ does not include removal of trash and replacement of liners in city

receptacles However, it does require debris removal as specified underSpecial cleaning:

Special cleaning

At intervals indicated below or on an as-directed basis,

Graffiti Removal

At intervals indicated below or on an as-directed basis,

SPECIFICATIONS ARE AS FOllOWS:

1 , Routine cleaning:

Window washing - Street level, exterior glass surfaces of vacantstore fronts in the areas of service to be cleaned until bright inappearance without streaks or film deposits, with adjacent surfaceswiped clean, Services to be provided on an as requested basis,MTA/Public Affairs staff will direct the service provider as to whenand where windows will be cleaned,

Sweeping - Areas of service sidewalks, gutters, alleyways, recessesand adjacent surfaces to be cleaned daily until free of dirt, and otherdebris, This service will be repeated daily from June 1 to September30 at 3 p,

Debris removal - All debris from sweeping areas of service is to bebagged, hauled from the site daily and disposed of in the mannerprescribed by the appropriate municipal agency,

Special cleaning:

Machine washing - The Walk-of-Fame from Vine Street to La BreaAvenue only will be machine washed with either sidewalk scrubbingor pressure washing equipment once per month, using biodegradablecleaner which is not harmful to humans,

Pressure washing - Pressure washing of sidewalks, gutters,alleyways, recesses and adjacent surfaces in the areas of service willbe handled on an as-requested basis, The MTA Public Affairs stafffor the corridor will direct the City as to when and where pressurewashing will be done.

Flower pots - Daily removal of any trash and debris from flower potslocated between Gower Street and La Brea Avenue,

Additional debris removal - Drive the length of the areas of servicebi-weekly and collect items which have been identified by a MT Public Affairs staff as debris (e, g, couches, chairs, tree branches,etc, ) and dispose of this debris in the manner prescribed by theappropriate municipal agency,

Graffiti Abatement and Removal

a. Graffiti will be removed from all identified surfaces within 24 hours of

notification by MTA Public Affairs staff,

Contractor(s) must use appropriate paint and anti-graffiti coating asapproved by the City.

Contractor will maintain the existing building color.

Anti-graffiti coatings will be applied to a height of 9 feet, on painted andnatural surfaces , with a flat finish that neither significantly changes thecolor nor otherwise compromise or damages the original surface.

City may, at its discretion , direct the contractor as to the location ofgraffiti removal and the application of anti-graffiti coating,

Other Services

The trimming of trees along Hollywood Boulevard between Gower Street andHighland Avenue at the frequency of once a year for areas that currently donot provide that level of service by the City s Bureau of Street Maintenance,Tree Maintenance Division.

VERMONT

1 , Routine cleaning:

Window washing - Street level, exterior glass surfaces of vacantstore fronts in the areas of service to be cleaned until bright inappearance without streaks or film deposits, with adjacent surfaceswiped clean, Service to be provided on an as requested basis, MTAstaff will provide direction to the City with regards to windowsneeding cleaning,

Sweeping - Areas of service include sidewalks, gutters, alleyways,recesses and adjacent surfaces requiring daily cleaning due to heavypedestrian use,

Debris removal - All debris from sweeping areas of service is to bebagged , hauled from site daily and disposed of in the mannerprescribed by the appropriate municipal agency,

Special cleaning:

Pressure washing - Pressure washing of sidewalks, gutters,alleyways, recesses and adjacent surfaces in areas of service will behandled on an as-requested basis, The MT A staff will provide

direction to the City as to when and where pressure washing willbe done,

Additional debris removal - Drive the length of the areas of servicebi-weekly and collect items which have been identified by a MT staff as debris ( e,g, couches, chairs, tree branches, etc, ) and

dispose of this debris in the manner prescribed by the appropriatemunicipal agency,

Graffiti Abatement and Removal

Graffiti will be removed from all identified surfaces within 24 hours ofnotification by MT

Contractor(s) must use appropriate paint and anti-graffiti coating asapproved by the City.

Contractor will maintain the existing building color,

Anti-graffiti coatings will be applied to a height of 9 feet , on painted andnatural surfaces , with a flat finish that neither significantly changes thecolor nor otherwise compromise or damages the original surface,

The City may at its discretion direct the contractor as to where and whenfor graffiti removal and application of anti-graffiti coating.

To achieve this level of service, City requires the ongoing services of cleaningcontractor(s) to provide janitorial service,

The designated cleaning/graffiti removal contractor(s) supervisory personnel must attendmandatory community meetings on a monthly basis to review service and address specialneeds, On a monthly basis, the cleaning/graffiti contractor(s) must provide a report to theCity on services performed and problems and issues encountered,

II. RESPONSIBILITIES

The City will be responsible for oversight and invoice approval.

Fenced in areas within station sites, where actual construction is currently taking place, areexempt from this custodial contractual service, Station contractors are required to complywith their contractual requirements and are responsible for custodial services at those sites,

The services to be performed under this contract are in addition to those required of the

construction contractor,

The cleaning/graffiti contractor(s) shall be responsible for the janitor services as describedabove,

III. OTHER REQUIREMENTS

All employees of the cleaning/graffiti contractor(s) are required to understand the Englishlanguage and be able to respond to directives given to them by supervisors in the field,This is a safety requirement in case of an emergency.

The cleaning/graffiti contractor(s) shall have a supervisor in the field, circulating among thecleaning and graffiti removal employees assigned to work in the corridor to ensure that thework is completed at the times and places stipulated in the contract,

The workers are required to wear a safety vest with the MT A letters and logo clearly visiblewhich will be supplied by MTA' s Hollywood Construction Impact Program,

Documentation of work activities and time worked shall be required and submitted to MTAPublic Affairs Department on a monthly basis,

ATTACHMENT 2

METRO RED LINEALLIGNMENT MAP

ATTACHMENT 4

City of Los AngelesInformation from

Bureau of Street Maintenance (BSM)

The following is the information requested by the Construction Committee regarding level ofcleaning services currently provided by the City of Los Angeles,

At the current time , BSM does not provide cleaning services beyond the curb area alongHollywood Boulevard or Vermont Avenue, For example , no pressure washing of sidewalksno cleaning of street furniture,

BSM does provide for pothole repair, resurfacing of City street, asphalt repair and repair ofsidewalks,

Tree TrimmingCurrently, the City of Los Angeles ' schedule is on a 8 year cycle.

Sweeping. On Hollywood Boulevard, between La Brea and Vermont, the street is swept 6 days a

week between the hours of 4:00 a.m, and 6:00 a,m, excluding Saturday,

On Vermont Avenue , between Beverly and Franklin, the street is swept once a week onThursday between the hours of 4:00 a,m, to 6:00 a,

Sidewalk CleaningSide walk cleaning is not provided by the City of Los Angeles,

Trash Receptacles

. On Hollywood Boulevard, between Vine and La Brea, the Hollywood BeautificationTeam (HBT) picks up trash receptacles,

On Hollywood Boulevard, between Vine and Gower, four (4) trash receptacles are pickedup daily by the City of Los Angeles,

On Hollywood Boulevard, east of Gower, the City does not maintain any trashreceptacles,

On Vermont, between Franklin and Beverly, twenty four (24) trash receptacles are pickedup daily,

The proposed program would add additional receptacles around highly traveled pedestrian areas and includesmaintenance of those receptacles.

Board of Public Works Operation Clean Sweep

This program provides cleaning and graffiti abatement services on an as needed basis or uponrequest.

The City of Los Angeles will be present at the MT A Construction Committee Meeting onDecember 12 , 1996 , to answer any additional questions from the Board.

The proposed program would add additional receptacles around highly traveled pedestrian areas and includesmaintenance of those receptacles,