AGENDA REPORT
Meeting Date: May 21, 2024
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 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 A FISCAL YEAR 2024/25 APPROPRIATION OF
$5,075,100 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
$5,075,100 FOR FISCAL YEAR 2024/25 FOR A TOTAL NOT-TOEXCEED AMOUNT OF $33,567,600 Attachments: 1. Amendment No. 7
RECOMMENDATION
Staff recommends that City Council approve Amendment No. 7 to an Agreement with Psomas to provide as-needed engineering services related to the Purple Line Extension Project, Segments 1 and 2; approve a Fiscal Year 2024/25 appropriation of $5,075,100 from the General Fund to the ongoing contractual services account (No. 001-12401- 731220); and approve a purchase order in the amount of $5,075,100 for Fiscal Year 2024/25 for a total contract amount not to exceed $33,567,600.
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 and 2.
The initial agreement (Agreement No. 217-17) provided funding for services in an amount not to exceed $5,997,265. Between 2018 and June 2022, City Council approved Meeting Date: May 21, 2024
Amendments 1 through 6 providing additional funding through each fiscal year up to June 30, 2023, for a total contract amount not to exceed $31,943,900. The current proposed Amendment 7 provides additional funding through Fiscal Year 24/25 for a total contract amount not to exceed $33,567,600. 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
Since the Purple Line Extension design and utility investigation began in 2014, the City has utilized expert consultants to provide engineering design review and construction management services to assist City staff with review, oversight, outreach, and day-today coordination during the design and construction phases. Section 1 construction is anticipated to be complete in 2025 and Section 2 by 2026. Metro Purple Line projects require significant resources from the City and will continue to require resources for the remaining two years of construction in the City of Beverly Hills right-of-way.
Psomas was selected through a Request for Proposals (RFP) process in 2017 to provide as-needed engineering, project management, public relations and related services to the City in support of 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 Section 1 and 2 Stations, 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 2024/25. The Form 60 estimate of costs related to as-needed engineering services for Section 1 and Section 2 through June 30, 2025, is approximately $5,075,100. Both the Section 1 and 2 Form 60s for Fiscal Year 2024/25 have been pre-approved by Metro in early May, and Metro anticipates releasing an annual work order in the third quarter of 2024. Per the terms of the current MOAs for work at both the Section 1 and 2 Stations, 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 monthly.
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 other engineering services close to the station entrances and 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 $100,000.
Considering Psomas’ work performance, experience, and in-depth knowledge of the Purple Line Extension project, along with upcoming major construction and permanent infrastructure restoration activities over the next fiscal year for Sections 1 and 2, staff recommends retaining the services of Psomas in order to maintain the current level of performance, quality, and day-to-day resources and coordination services for the City.
Meeting Date: May 21, 2024
FISCAL IMPACT
Most costs associated with the design and construction coordination for the Section 1 and Section 2 Stations will be reimbursed by Metro. The terms of the existing DesignBuild Memorandum of Agreement (or MOA) for the Section 1 and Section 2 Stations both include provisions to provide reimbursement to the City for staff and consultants performing work associated with the design and construction of the Purple Line Extension project. Any services that are not necessary for the completion of the Project will not be reimbursed by Metro, and $100,000 is estimated for any betterments near the Metro site or other as-needed engineering services, which is paid for by the City.
The current contract not-to-exceed value is $31,943,900, and it is estimated that by the end of June 2024, work completed will total approximately $28,492,500. This leaves consideration of $3,451,400 available on the contract for work in the upcoming fiscal year. The total estimate for as-needed engineering services identified from July 2024 through the June 2025 inspections is $5,075,100. Given this estimate for Fiscal Year 2024-25, an additional amendment to the Psomas agreement is needed in the amount of $1,623,700, which would bring the total not-to-exceed contract value to $33,567,600.
Authorized Contract Amount $ 31,943,900
Less Estimated Work Completed by June 2024 $ (28,492,500) Remaining Contract Balance $ 3,451,400
Estimated Cost of FY24/25 Engineering Services* $ 5,075,100 Less remaining Contract Balance $ (3,451,400)
New Contract Amendment Through FY25 $ 1,623,700
*Proposed Appropriation (Purchase Order) amount between July 2024 and June 2025 This amendment will require an appropriation of $5,075,100 from the General Fund to the ongoing contractual services account (No. 001-12401-731220) and an FY24/25 purchase order to Psomas in the not-to-exceed amount of $5,075,100. Any unused funds will be returned to the General Fund as done in prior years. The contract amount will be increased by $1,623,700 carrying over the contract balance from the prior years.
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 (240-23) FY23/24 $4,740,700 $31,943,900
Amendment 7 (Proposed) FY24/25 $1,623,700 $33,567,600
Meeting Date: May 21, 2024
Due to the timing of this item, this appropriation request has not been included in the FY 2024-25 Proposed Budget. If approved, the appropriation will be incorporated into the FY 2024-25 Adopted Budget, along with a corresponding revenue increase from Metro reimbursement. Therefore, there is no net impact to next year's budget.
Jeff S. Muir,
Director of Finance
Shana Epstein,
Director of Public Works
Approved By Approved By
Attachment 1
1 B0785-0022\2955310v2.doc
AMENDMENT NO. 7 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),
June 30, 2025 (as amended by this
Amendment No. 7), unless extended
pursuant to Section 2 of the original
Agreement
[Continues on next page]
DocuSign Envelope ID: 1698A70F-D7F1-4A4F-BB15-8F0183F4FA2D 2 B0785-0022\2955310v2.doc
CONSIDERATION: Original Agreement:
Not to exceed: $5,997,265
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
Amendment No. 7:
Not to exceed: additional
$1,623,700
Total Not to Exceed: $33,567,600
as detailed in Exhibit B
DocuSign Envelope ID: 1698A70F-D7F1-4A4F-BB15-8F0183F4FA2D 3 B0785-0022\2955310v2.doc
AMENDMENT NO. 7 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. 7 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, Amendment No. 5 dated June 14, 2022 and identified as Contract No. 367-22, and Amendment No. 6 dated May 16, 2023 and identified as Contract No. 240-23 ("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, 5, and 6.
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. 7.
Section 2. The CONSIDERATION shall be amended as set forth on the cover page of this Amendment No. 7.
Section 3. Exhibit B, “Schedule of Rates” shall be amended as attached hereto and incorporated herein.
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B0785-0022\2955310v2.doc
Section 4. Except as specifically amended by this Amendment No. 7, and any previous amendments, the remaining provisions of the Agreement shall remain in full force and effect.
EXECUTED the day of 2024, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
__________________________________
LESTER J. FRIEDMAN
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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B0785-0022\2955310v2.doc
DAREN GRILLEY
Assistant Director of Public Works/
City Engineer
__________________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 1698A70F-D7F1-4A4F-BB15-8F0183F4FA2D -6-
B0785-0022\2955310v2.doc
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-Three Million Five Hundred SixtySeven Thousand Six Hundred Dollars ($33,567,600) for the entire term of the Agreement. Of this total, Amendment No. 7 to this Agreement allocates One Million Six Hundred Twenty-Three Thousand Seven Hundred Dollars ($1,623,700) for the Agreement amount.
For the Fiscal Year (“FY”) 2024-2025 commencing July 1, 2024 and ending June 30, 2025, Five Million Seventy-Five Thousand One Hundred Dollars ($5,075,100) purchase order to be allocated in accordance with the following billing rates. This FY 2024-2025 purchase order allocation includes the remaining Agreement balance from prior years (estimated $3,451,400) and the Amendment No. 7 allocation amount ($1,623,700).
FY 24/25 Rate Sheet
Positions Burdened Rate
Project Director $347.77
Project Manager $341.20
Project Controls $165.06
Section Lead $277.81
Construction Engineer 2 $206.13
Construction Engineer 4 $223.63
Senior Section Lead $341.20
Project Engineer $196.73
Sr. Office Engineer $130.68
Construction Engineer 3 $211.39
Design Review Lead - Civil $241.73
Design Review Lead - Noise $270.04
Design Review Lead -Traffic/Light $270.02
Design Review Lead - SWPPP $254.83
Design Review Lead - Landscape $200.00
Design Review Lead - Bldg & Sfty $300.00
Design Review Lead - Structures $295.56
Design Review Lead - ADA Specialist $185.32
Civil/Noise Design Reviewers $192.43
Traffic/Light Design Reviewers $170.54
SWPPP Design Reviewers $185.32
Landscape Design Reviewers $175.00
Bldg & Safety Design Reviewers $175.00
Structures Design Reviewers $159.14
Design Review - ADA Specialist $105.77
Public Outreach Lead 1 $218.13
Office Engineer - Outreach $111.32
Public Outreach Lead 3 (Mitigation) $271.71
DocuSign Envelope ID: 1698A70F-D7F1-4A4F-BB15-8F0183F4FA2D I
Certificate Of Completion
Envelope Id: 1698A70FD7F14A4FBB158F0183F4FA2D Status: Sent Subject: Complete with DocuSign: Psomas (217-17) Amendment No. 7 Source Envelope:
Document Pages: 6 Signatures: 5 Envelope Originator:
Certificate Pages: 3 Initials: 0 Erin Justus
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
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