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. 7 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 APPROPRIATION OF $2,766,000 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 CHANGE PURCHASE ORDER TO
ENVIRONMENTAL INTELLIGENCE, LLC FOR INDEPENDENT
COMPLIANCE MONITORING SERVICES IN THE AMOUNT OF
$2,766,000 FOR A TOTAL AMOUNT NOT TO EXCEED
$15,650,800
Attachments: 1. Draft Amendment No. 7
RECOMMENDATION
Staff recommends that City Council move to approve Amendment No. 7 to Agreement 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; approve an appropriation of $2,766,000 from the General Fund to the ongoing contractual services account (No. 001-12401-731220); and approve a purchase order in the amount of $2,766,000 for Fiscal Year 2023/24 for a total not to exceed contract amount of $15,650,800. The cost of EI’s services associated with the Purple Line Extension E-12
Meeting Date: May 16, 2023
Project will be reimbursed by Metro, with the exception of an estimated $57,794 for inperson monitoring at the Beverly Hills High School (or “BHHS”), which is paid for by the City.
INTRODUCTION
On September 5, 2017, City Council approved a one-year agreement between the City, Metro and EI for independent compliance monitoring (ICM) services. Between 2018 and 2021, City Council approved Amendment Nos. 1 to 4 providing additional funding through each Fiscal Year up to June 30, 2022, for a total contract amount not to exceed $9,863,100. On January 18, 2022, City Council approved Amendment No. 5, extending the Agreement’s Termination to December 31, 2025, subject to annual extension for each year beyond June 30, 2022. Amendment No. 6, approved on June 14, 2022, provided additional funding for a total not to exceed amount of $12,884,800 and service term through June 30, 2023.
DISCUSSION
With concurrence from Metro, EI was selected through a Request for Qualification process to provide the ICM services for Segments 1 and 2 of the Metro Purple Line subway extension project. EI began working with the City and Metro in September 2017.
The scope of their services is as follows:
x Ensure Metro’s compliance with any and all conditions and mitigation measures included in the Segment 1 and Segment 2 Memorandum of Agreements, including all Exhibits attached thereto, Metro permit applications and submittals and any conditions of approval included in the City-issued permit. x 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.
x Enforce the conditions and mitigation measures as provided under the MOA Articles, “Enforcement of Permit Conditions and Mitigation Measures,” as necessary to achieve compliance.
x On February 19, 2019, the City and Metro executed the MOA for Design Build of the Wilshire/Rodeo Station, which included the requirement for the ICM to be onsite at the BHHS for certain work activities during specific hours when school is in session. The City agreed to absorb the cost of monitoring at BHHS.
From EI’s commencement date of September 11, 2017, through April 14, 2023, EI has issued 360 violations of MOA or permit conditions for Section 1 (Wilshire/La Cienega Station) and 625 violations for Section 2 (Wilshire/Rodeo Station). This agreement allows for necessary resources to enforce the MOAs in both Section 1 and Section 2 and is not limited to a specific number of people. Also, EI regularly submits a weekly summary to the City and Metro, which documents 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.
As Metro Section 2 completed tunneling across the City of Beverly Hills’ right-of-way from Century City to the west limit of the Wilshire/La Cienega Station between late 2020 and January 2023, the construction activities at the Century City staging yard by the BHHS has decreased, with a corresponding decrease in the need for EI’s full-time presence for in-person monitoring at BHHS. EI will continue to continuously maintain and check on the noise, vibration, and air quality monitoring devices installed at the Meeting Date: May 16, 2023
school and will staff an on-site inspector appropriately depending on the construction activities by the BHHS.
Considering EI’s consistent enforcement of the MOA and permit conditions of the Metro Purple Line Extension project, staff recommends the City continue retaining the services of EI in order to maintain the current level of monitoring for the forecasted major construction activities over the next fiscal year. Section 1 construction is anticipated to be complete in 2024 and Section 2 by 2025.
FISCAL IMPACT
Most 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 (or 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 and $57,794 is estimated for the monitoring equipment and in-person inspection at the Beverly Hills High School, which is paid for by the City.
This agreement will require an appropriation of $2,766,000 from the General Fund to the ongoing contractual services account (No. 001-12401-731220) and a change purchase order to EI in the not to exceed amount of $15,650,800.
Environmental Intelligence Contract Amendment
Amount
Total Not To
Exceed
Original Contract (481-17) Year 1 $1,472,540 $1,472,540 Amendment 1 (512-18) Year 2 $1,279,860 $2,752,400
Amendment 2 (459-19) Year 3 $1,247,600 $4,000,000
Amendment 3 (137-20) Year 4 $3,100,000 $7,100,000
Amendment 4 (182-21) Year 5 $2,763,100 $9,863,100
Amendment 5 (50-22) – Extended
termination date to 2025. N/A N/A
Amendment 6 (368-22) Year 6 $3,021,700 $12,884,800
Amendment 7 (Proposed) Year 7 $2,766,000 $15,650,800
EI bills on a time and materials basis using rates set forth in Exhibit B of the Agreement.
Shana Epstein,
Director of Public Works
Approved By
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AMENDMENT NO. 7 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) Carlos Martinez (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)
June 30, 2023 (as amended by Amendment
No .6)
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June 30, 2024 (as amended by this
Amendment No .7), unless extended
pursuant to Section 1 of the Agreement until
December 31, 2025.
CONSIDERATION: Original Agreement:
Not to exceed: $1,472,540
Amendment No. 1:
Not to exceed an additional: $1,279,860
Amendment No. 2:
Not to exceed an additional: $1,247,600
Amendment No. 3:
Not to exceed an additional: $3,100,000
($265,000 in Fiscal Year (“FY”) 2019-2020;
$2,835,000 in FY 2020-2021)
Amendment No. 4:
Not to exceed an additional: $2,763,100 in
FY 2021-2022
Amendment No. 5:
No change in the Agreement amount
Amendment No. 6:
Not to exceed an additional: $3,021,700 in
FY 2022-2023
Amendment No. 7:
Not to exceed: $2,766,000 in FY 2023-2024
Total Not to Exceed: $15,650,800, based on
the rates set forth in Exhibit B
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AMENDMENT NO. 7 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. 7 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, Amendment No. 4 dated June 1, 2021, and identified as Contract No. 182-21 (“Agreement”), Amendment No. 5 dated January 18, 2022, and identified as Contract No. 50-22 (“Agreement”), and Amendment No. 6 dated January 18, 2022, and identified as Contract No. 368-22 (“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 4 B0785-0022\2804909v3.doc
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.
D. CITY, MTA, and CONSULTANT desire to extend the Agreement’s Termination Date and increase the Consideration.
E. CONSULTANT further represents that it continues to have no pre-existing 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 shall be amended as set forth on the cover page of this Amendment 7.
Section 2. The Consideration shall be amended as set forth on the cover page of this Amendment No. 7.
Section 3. Exhibit B “Compensation” shall be amended as attached hereto.
Section 4. Except as specifically amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, Amendment No. 6, and this Amendment No. 7, 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
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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
___________________________
DAREN GRILLEY
Assistant Director of Public Works /
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
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EXHIBIT B
COMPENSATION
CONSULTANT shall be compensated for professional services provided on a time and materials basis in an amount not to exceed a total of Fifteen Million Six Hundred Fifty Thousand Eight Hundred Dollars ($15,650,800). Of this total, Amendment No. 7 to this Agreement allocates Two Million Seven Hundred Sixty-Six Thousand Dollars ($2,766,000) in Fiscal Year 2023-2024 commencing July 1, 2023 and ending June 30, 2024, in accordance with the following billing rates: