AGENDA REPORT
Meeting Date: January 18, 2022
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Christine Chung, Associate Project Manager
Subject: AMENDMENT NO. 5 TO AN AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS, THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY, AND
ENVIRONMENTAL INTELLIGENCE, LLC, FOR INDEPENDENT
COMPLIANCE MONITORING SERVICES FOR SEGMENTS 1 AND
2 OF THE PURPLE LINE EXTENSION PROJECT; AND
APPROVAL OF AN EXTENSION OF THE AGREEMENT TO
DECEMBER 31, 2025, SUBJECT TO ANNUAL EXTENSION FOR
EACH YEAR BEYOND JUNE 30, 2022
Attachments: 1. Amendment No. 5
RECOMMENDATION
Staff recommends that City Council move to approve Amendment No. 5 to Agreement No. 481-17 with Los Angeles County Metropolitan Transportation Authority (Metro) and Environmental Intelligence, LLC (EI) to provide independent compliance monitoring services related to Segments 1 and 2 of the Purple Line Extension project; and approve to extend the Agreement’s Termination Date to December 31, 2025, subject to annual extension for each year beyond June 30, 2022, as amended by this Amendment No. 5.
This amendment would only extend the duration of the Agreement with no change to the current approved not-to-exceed amount.
INTRODUCTION
On September 5, 2017, City Council approved a one-year agreement between the City, Metro and EI for independent compliance monitoring (ICM) services in the amount of $1,472,540. Amendments 1 to 4, approved between 2018, and 2021, provided funding of $8,390,560 combined for a total not to exceed $9,863,100 and extensions of the service term through June 30, 2022.
BEVERLY
HILLS
-�
D-5
Meeting Date: January 18, 2022
DISCUSSION
EI began working with the City and Metro in September 2017. The scope of their services is as follows: Ensure Metro’s compliance with all conditions and mitigation measures included in the Segment 1 (Wilshire/La Cienega Station) and Segment 2 (Wilshire/Rodeo Station) MOAs, including all Exhibits attached thereto, Metro permit applications and submittals and any conditions of approval included in the City-issued permit. Work collaboratively with Metro (including contractors and subcontractors) and the City (including City representatives) to support Metro’s compliance with all applicable conditions and mitigation measures. Enforce the conditions and mitigation measures as provided under the MOA Articles, “Enforcement of Permit Conditions and Mitigation Measures,” as necessary to achieve compliance. On February 19, 2019, the City and Metro executed the MOA for Design-Build of Segment 2, which included the requirement for the ICM to be onsite at Beverly Hills High School (BHHS) for certain work activities during specific hours when school is in session. The City absorbs the cost of monitoring at the High School.
Per the original Agreement 481-17, the Termination Date may be extended for an additional four (4) one-year terms upon written agreement by City, Metro and EI for each one-year extension of the Termination Date. With Amendment 4, the Agreement was extended until June 30, 2022. Through Amendment 5, staff requests to extend the Agreement’s Termination Date to December 31, 2025, provided that the City Manager approves an annual extension for each year beyond June 30, 2022. As explained below, the purpose of requiring annual extensions of the agreement is that construction may end prior to December 31, 2025, in which case the agreement may be terminated in advance of that date.
Since EI’s commencement date of September 11, 2017, through December 15, 2021, EI has issued 299 violations of MOA or permit conditions for Section 1 and 561 violations for Section 2. At the end of each week, EI regularly submitted a weekly summary to the City and Metro, which documented the work for the week and any violations issued; these reports are available to the public on the City’s webpage at www.beverlyhills.org/purpleline. Over the last 4.5 years, EI was consistent in successfully monitoring the construction activities at all times and worked collaboratively with City, BHHS and Metro representatives to assure all MOA conditions and mitigation measures were met. When a potential violation was identified, EI consistently brought the concern to the City and Metro to discuss immediate and long-term resolutions.
The Purple Line Extension project is anticipated to be complete by 2025, with La Cienega Station to open in 2024, and Rodeo Station in 2025. As only two to three years are left for the completion of construction, staff recommends extension of the EI Agreement to continue with consistent enforcement of the MOA and permit conditions of the Metro Section 1 and Section 2 projects. Should a new consultant be procured for the ICM service, there may be challenges in the enforcement of the MOA conditions during the monitoring staff transition period, risk of inconsistent communication among the City, BHHS and Metro, and a potential lack of monitoring staff resources during upcoming major construction activities, such as appendage installation with extensive lane closures, deck removal along Wilshire Blvd. and permanent street restoration.
Meeting Date: January 18, 2022
FISCAL IMPACT
There is no fiscal impact associated with the proposed Amendment No. 5. The EI Contract remains not-to-exceed $9,863,100.
Environmental Intelligence Contract Amendment Total Not To Exceed
Original Contract (481-17) FY 18 $1,472,540 $1,472,540
Amendment 1 (512-18) FY 19 $1,279,860 $2,752,400
Amendment 2 (459-19) FY 20 $1,247,600 $4,000,000
Amendment 3 (137-20) FY 21 $3,100,000 $7,100,000
Amendment 4 (182-21) FY 22 $2,763,100 $9,863,100
Amendment 5 (proposed) FY 23 N/A $9,863,100
Costs associated with monitoring at the Wilshire/La Cienega and Wilshire/Rodeo Station will be reimbursed by Metro. The terms of the existing Design-Build Memorandum of Agreement (MOA) for the Wilshire/La Cienega Station and MOA for the Wilshire/Rodeo Station both include provisions to provide reimbursement to the City for staff and consultants performing work associated with the construction of the Purple Line Extension project. The Wilshire/Rodeo Station MOA states that Metro is not responsible for the costs associated with monitoring at the Beverly Hills High School.
As of the end of November 2021, EI spent $7,151,619.69 (73%) out of the authorized $9,863,100 with $6,949,215.69 reimbursable by Metro. The remaining $202,404 was paid by the General Fund and pursuant to an appropriation to the Subway Mitigation Capital Improvement Project (CIP) No. 00050 for monitoring at Beverly Hills High School and other construction mitigation measures, such as additional noise readings.
Jeff S. Muir, Director of FinanceShana Epstein, Director of Public Works Approved By Approved By
Attachment 1
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AMENDMENT NO. 5 TO AN AGREEMENT BETWEEN THE
CITY OF BEVERLY HILLS, THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY, AND
ENVIRONMENTAL INTELLIGENCE, LLC, FOR
INDEPENDENT COMPLIANCE MONITORING SERVICES
FOR SEGMENTS 1 AND 2 OF THE PURPLE LINE
EXTENSION PROJECT
NAME OF CONSULTANT: Environmental Intelligence, LLC
CONSULTANT’S RESPONSIBLE PRINCIPAL: David Levine
CONSULTANT’S ADDRESS: 811 West 7th Street
9th Floor
Los Angeles, CA 90017
CITY’S ADDRESS: City of Beverly Hills
345 N. Foothill Road
Beverly Hills, CA 90210
CITY’S RESPONSIBLE PRINCIPAL: Daren Grilley, City Engineer MTA’S ADDRESS Los Angeles County Metropolitan
Transportation Authority
One Gateway Plaza, 17th Floor
Los Angeles, CA 90012
MTA’S RESPONSIBLE PRINCIPALS: Joseph DeMello (Segment 1) Kim Wilson (Segment 2)
COMMENCEMENT DATE: September 11, 2017
TERMINATION DATE: September 30, 2019 (as amended by
Amendment No. 1)
September 20, 2020 (as amended by
Amendment No. 2)
June 30, 2021 (as amended by Amendment
No. 3)
June 30, 2022 (as amended by Amendment
No. 4)
December 31, 2025, subject to annual
extension for each year beyond June 30,
2022 (as amended by this Amendment No.
5)
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CONSIDERATION: Original Agreement:
Not to exceed: $1,472,540
Amendment No. 1:
Not to exceed: $1,279,860
Amendment No. 2:
Not to exceed: $1,247,600
Amendment No. 3:
Not to exceed: $3,100,000 ($265,000 in FY
2020; $2,835,000 in FY 2021)
Amendment No. 4:
Not to exceed: $2,763,100 in FY 2022
Amendment No. 5:
No change in the Agreement amount
Total Not to Exceed: $9,863,100, based on
the rates set forth in Exhibit B
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AMENDMENT NO. 5 TO AN AGREEMENT BETWEEN THE
CITY OF BEVERLY HILLS, THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY, AND
ENVIRONMENTAL INTELLIGENCE, LLC, FOR
INDEPENDENT COMPLIANCE MONITORING SERVICES
FOR SEGMENTS 1 AND 2 OF THE PURPLE LINE
EXTENSION PROJECT
This Amendment No. 5 is to that certain agreement between the City of Beverly Hills (hereinafter called “CITY”), the Los Angeles County Metropolitan Transportation Authority (hereinafter called “MTA”) and Environmental Intelligence, LLC, (hereinafter called “CONSULTANT”) dated September 5, 2017, and identified as City of Beverly Hills Contract No. 481-17, as amended by Amendment No. 1, dated August 7, 2018, Amendment No. 2 dated August 6, 2019, and identified as Contract No. 512-18, Amendment No. 3 dated March 31, 2020, and identified as Contract No. 137-20, and Amendment No. 4 dated June 1, 2021, and identified as Contract No. 182-21 (“Agreement”).
RECITALS
A. CITY and MTA entered into the Agreement with CONSULTANT in order to procure independent compliance monitoring services for the construction of Segments 1 and 2 of the Purple Line Extension Project, with such services more particularly described in Exhibit A of the Agreement (“services”).
B. The services are currently intended to implement and comply with:
(1) the Memorandum of Agreement for Contract C1045 of the Purple Line Extension Project – Segment 1 – Between the City of Beverly Hills and the Los Angeles County Metropolitan Transportation Authority, CITY Agreement No. 66-17, attached to the Agreement as Exhibit D and incorporated herein by this reference; (2) the Memorandum of Agreement for Contract C1120 of the Purple Line Extension Project – Between the City of Beverly Hills and the Los Angeles County Metropolitan Transportation Authority, CITY Agreement No. 71-19, attached to the Agreement as Exhibit H and incorporated herein by this reference; and
(3) any subsequent permits or conditions of approval issued by CITY or amendments to the memoranda of agreement between CITY and MTA related to construction for the Purple Line Extension Project (Exhibits D, H, and such future permits, conditions of approval, and/or amendments are collectively referred to as the “MOA”).
C. The purpose of the services is to ensure MTA and its contractor(s) comply with all mitigation measures and conditions included in the MOA, subsequent permits or conditions of approval issued by the CITY, and any amendments to the memoranda of agreement between the CITY and MTA during MTA’s construction for the Purple Line Extension Project. 4 B0785-0022\2594475v2.doc
D. CITY, MTA, and CONSULTANT desire to extend the Agreement’s Termination Date to be December 31, 2025, upon written agreement by CITY, MTA, and CONSULTANT for each one-year or six-month extension of the Termination Date. (Amendment to Section 2 of the Agreement 481-17)
E. CONSULTANT further represents that it continues to have no preexisting relationship with either CITY or MTA, aside from this Agreement, that would prevent CONSULTANT from faithfully and capably performing the services.
NOW, THEREFORE, the parties agree as follows:
Section 1. The Termination Date set forth in Section 2 of the Agreement shall be amended as set forth on the cover page of this Amendment No. 5, provided that the City Manager provides written notice that the Termination Date will be extended on an annual basis following the current June 30, 2022 Termination Date. Pursuant to Section 2, the Termination Date may be extended for an additional one-year term beyond December 31, 2025, and for consecutive one-year terms thereafter up to a total of four (4) one-year term extensions, upon written agreement by CITY, MTA, and CONSULTANT for each one-year extension of the Termination Date.
Section 2. Except as specifically amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and this Amendment No. 5, the remaining provisions of the Agreement shall remain in full force and effect.
EXECUTED the day of 2022, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
_________________________________
ROBERT WUNDERLICH
Mayor of the City of Beverly Hills, California
ATTEST:
_____________________________(SEAL)
HUMA AHMED
City Clerk
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ ___________________________ LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
___________________________
SHANA E. EPSTEIN
Director of Public Works
___________________________
DAREN GRILLEY
City Engineer
___________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
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LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY:
________________________________
STEPHANIE WIGGINS
Chief Executive Officer
APPROVED AS TO FORM:
________________________________
RONALD W. STAMM
Principal Deputy County Counsel
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ENVIRONMENTAL INTELLIGENCE LLC:
________________________________
DAVID LEVINE
Principal