AGENDA REPORT
Meeting Date: May 16, 2023
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Public Works Director/City Engineer Christine Chung, Project Manager
Subject: AMENDMENT NO. 6 TO AN AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS AND PSOMAS FOR AS-NEEDED
ENGINEERING SERVICES FOR THE IMPLEMENTATION OF THE
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY’S PURPLE LINE EXTENSION PROJECT; AND
APPROVAL OF AN APPROPRIATION OF $4,740,700 FROM THE
GENERAL FUND (ALL COSTS IN FURTHERANCE OF THE
PROJECT WILL BE REIMBURSED BY LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY); AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF
$4,740,700 FOR FISCAL YEAR 2023/24 FOR A TOTAL NOT TO
EXCEED AMOUNT OF $31,943,900
Attachments: 1. Draft Amendment No. 6
RECOMMENDATION
Staff recommends that City Council move to approve Amendment No. 6 to an Agreement with Psomas to provide as-needed engineering services related to the Purple Line Extension Project, Segments 1 and 2; approve an appropriation of $4,740,700 from the General Fund to the ongoing contractual services account (No. 001-12401-731220); and approve a purchase order in the amount of $4,740,700 for Fiscal Year 2023/24 for a total not to exceed contract amount of $31,943,900.
INTRODUCTION
On May 16, 2017, City Council approved an agreement with Psomas to provide asneeded engineering services for the Purple Line Extension Project, Segments 1 & 2.
Between 2018 and June 2022, City Council approved Amendment Nos. 1 to 5 providing additional funding through each Fiscal Year up to June 30, 2023, for a total contract E-11
Meeting Date: May 16, 2023
amount not to exceed $27,203,200. The current draft amendment provides funding for Fiscal Year 2023/24 for a total not to exceed amount of $31,943,900. In accordance with the terms of the Memoranda of Agreement (MOA) for the two project sections, Metro will reimburse the City for the cost of Psomas’ services associated with the Purple Line Extension Project.
DISCUSSION
Psomas was selected through a Request for Proposals (RFP) process to provide asneeded engineering, project management, public relations and related services for the City to facilitate the implementation of the Purple Line Extension Project.
The engineering support services related to this project include project management, review and development of interagency agreements, review and development of permit conditions, design review and coordination, geotechnical review, structural review, constructability and construction schedule review, construction agreement, field review, inspection services, preparing presentations, community outreach and public relations.
Based on the current schedule for the La Cienega Station and the Rodeo Station, staff has prepared a budget forecast using Metro’s Form 60 (Metro’s standard cost estimate form), which details all anticipated costs the City will incur in association with the Purple Line Extension project during Fiscal Year 2023/24. The Form 60 estimate of costs related to as-needed engineering services for Section 1 and Section 2 through June 30, 2024, is approximately $4,774,300. Both the Section 1 and Section 2 Form 60s for Fiscal Year 2023/24 will be submitted to Metro for approval.
Per the terms of the current MOAs for work at both the La Cienega Station and the Rodeo Station, Metro will reimburse the City for staff and consultant costs in furtherance of the Purple Line Extension Project through work orders. Reimbursement will continue to be requested by the City on a monthly basis.
Certain work requested by the City is not considered reimbursable by Metro because it is not considered necessary for completion of the Project. These items include betterments specifically requested by the City and approved by City Council. These tasks are paid directly by the City; the estimated value is currently near $50,000.
Considering Psomas’ work performance and in-depth knowledge of the subway extension project, along with the forecasted increase in major construction activities over the next fiscal year for Sections 1 and 2, staff recommends the City continue retaining the services of Psomas in order to maintain the current level of performance and quality.
Section 1 construction is anticipated to be complete in 2024 and Section 2 by 2025.
The initial agreement (Agreement No. 217-17) provided funding for services in an amount not to exceed $5,997,265. Amendment No. 1 increased the total contract amount to not to exceed $9,792,265. Amendment No. 2 provided funding for a total not to exceed amount of $12,700,000. Amendment No. 3 provided funding for a total not to exceed amount of $17,699,000. Amendment No. 4 provided funding for a total not to exceed amount of $22,465,000. Amendment No. 5 provided funding for a total not to exceed amount of $27,203,200.
Meeting Date: May 16, 2023
FISCAL IMPACT
An appropriation of funds in the amount of $4,740,700 from the General Fund to Account No. 00112401-731220 is requested for this Amendment No. 6. Amendment No. 6 provides a total not to exceed amount of $31,943,900 for the entire contract. With the exception of ineligible expenses amounting to around 1% of the total, described above, this contract will be reimbursed by Metro.
Psomas Contract Amendment Total Not To Exceed
Original Contract (217-17) FY17/18 $ 5,997,265
Amendment 1 (592-18) FY18/19 $3,795,000 $ 9,792,265
Amendment 2 (252-19) FY19/20 $2,907,735 $12,700,000
Amendment 3 (309-20) FY20/21 $4,999,000 $17,699,000
Amendment 4 (181-21) FY21/22 $4,766,000 $22,465,000
Amendment 5 (367-22) FY22/23 $4,738,200 $27,203,200
Amendment 6 (proposed) FY23/24 $4,740,700 $31,943,900
Jeff S. Muir,
Director of Finance
Shana Epstein,
Director of Public Works
Approved By Approved By
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1 B0785-0022\2804911v3.doc
AMENDMENT NO. 6 TO AN AGREEMENT BETWEEN THE
CITY OF BEVERLY HILLS AND PSOMAS FOR AS-NEEDED
ENGINEERING SERVICES FOR THE IMPLEMENTATION OF
THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY’S PURPLE LINE
EXTENSION PROJECT
NAME OF CONSULTANT: Psomas
RESPONSIBLE PRINCIPAL OF CONSULTANT: Brett Barnett
CONSULTANT’S ADDRESS: 555 S. Flower Street
Suite 4300
Los Angeles, CA 90071
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Daren Grilley, City
Engineer
COMMENCEMENT DATE: May 17, 2017
TERMINATION DATE: June 30, 2018 (as amended by
Amendment No. 1)
June 19, 2019 (as extended
pursuant to Section 2 by letter dated
June 12, 2018)
June 30, 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)
June 30, 2023 (as amended by
Amendment No. 5)
June 30, 2024 (as amended by this
Amendment No. 6), unless extended
pursuant to Section 2 of the
Agreement
CONSIDERATION: Original Agreement:
Not to exceed: $5,997,265
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Amendment No. 1:
Not to exceed: additional
$3,795,000
Amendment No. 2:
Not to exceed: additional
$2,907,735
Amendment No. 3:
Not to exceed: additional
$4,999,000
Amendment No. 4:
Not to exceed: additional
$4,766,000
Amendment No. 5:
Not to exceed: additional
$4,738,200
Amendment No. 6:
Not to exceed: additional
$4,740,700
Total Not to Exceed: $31,943,900
3 B0785-0022\2804911v3.doc
AMENDMENT NO. 6 TO AN AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS AND PSOMAS FOR AS-NEEDED
ENGINEERING SERVICES FOR THE IMPLEMENTATION OF THE
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY’S PURPLE LINE EXTENSION PROJECT
This Amendment No. 6 is to that certain Agreement between the City of Beverly Hills (hereinafter called "City"), and Psomas (hereinafter called "Consultant") dated May 16, 2017 and identified as Contract No. 217-17, as amended by Amendment No. 1 dated September 17, 2018 and identified as Contract No. 592-18, Amendment No. 2 dated May 21, 2019 and identified as Contract No. 252-19, Amendment No. 3 dated June 16, 2020 and identified as Contract No. 309-20, Amendment No. 4 dated June 1, 2021 and identified as Contract No. 181-21, and Amendment No. 5 dated June 14, 2022 and identified as Contract No. 367-22 ("Agreement").
RECITALS
A. City and Consultant entered into the Agreement for as needed engineering consulting services related to the Los Angeles County Metropolitan Transportation Authority’s Purple Line Extension Project, as amended by Amendment Nos. 1, 2, 3, 4, and 5.
B. City and Consultant desire to further extend the Termination Date and increase the Consideration to continue utilizing Consultant’s as-needed engineering services.
NOW, THEREFORE, the parties agree as follows:
Section 1. The TERMINATION DATE shall be amended as set forth on the cover page of this Amendment No. 6.
Section 2. The CONSIDERATION shall be amended as set forth on the cover page of this Amendment No. 6.
Section 3. Exhibit B, “Schedule of Rates” shall be amended as attached hereto and incorporated herein.
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Section 4. Except as specifically amended by this Amendment No. 6, and any previous amendments, the remaining provisions of the Agreement shall remain in full force and effect.
EXECUTED the day of 2023, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
__________________________________
JULIAN A. GOLD, M.D.
Mayor of the City of Beverly Hills,
California
ATTEST:
____________________________________(SEAL)
HUMA AHMED
City Clerk
CONSULTANT: Psomas
__________________________________
BRETT BARNETT
Vice President/Corporate Director
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
____________________________ _________________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
__________________________________
SHANA E. EPSTEIN
Director of Public Works
[Signatures continue]
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DAREN GRILLEY
Assistant Director of Public Works/
City Engineer
__________________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
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EXHIBIT B
SCHEDULE OF RATES
CONSULTANT shall be compensated for professional services provided on a time and materials basis in an amount not to exceed a total of Thirty-One Million Nine Hundred FortyThree Thousand Nine Hundred Dollars ($31,943,900) for the entire term of the Agreement. Of this total, Amendment No. 6 to this Agreement allocates Four Million Seven Hundred Forty Thousand Seven Hundred Dollars ($4,740,700) in Fiscal Year (“FY”) 2023-2024 commencing July 1, 2023 and ending June 30, 2024, in accordance with the following billing rates:
FY 23/24 Rate Sheet
Position Burdened Rate
Project Director $ 335.10
Project Manager $ 328.08
Project Controls $ 157.88
Section Lead $ 267.67
Senior Section Lead $ 328.08
Project Engineer $ 190.48
Office Engineer 2 $ 119.97
Construction Engineer 4 $ 216.52
Construction Engineer 3 $ 204.67
Construction Engineer 2 $ 199.58
Design Review Lead - Civil $ 232.43
Design Review Lead - Noise $ 259.66
Design Review Lead - Geotech. $ 249.35
Design Review Lead -Traffic/Light $ 259.63
Design Review Lead - SWPPP $ 245.02
Design Review Lead - Landscape $ 200.00
Design Review Lead - Bldg & Sfty $ 290.00
Design Review Lead - Structures $ 284.19
Design Review Lead - ADA Specialist $ 178.19
Civil/Noise Design Reviewers $ 185.02
Geotechnical Design Reviewers $ 165.00
Traffic/Light Design Reviewers $ 163.61
SWPPP Design Reviewers $ 178.19
Landscape Design Reviewers $ 192.50
Bldg & Safety Design Reviewers $ 192.50
Structures Design Reviewers $ 152.98
Design Review - ADA Specialist $ 104.97
Public Outreach Lead 1 $ 210.18
Office Engineer - Outreach $ 105.96
Public Outreach Lead 3 (Mitigation) $ 263.09