AGENDA REPORT
Meeting Date: June 3, 2025
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Public Works Director/City Engineer Christine Chung, Project Manager
Subject: AMENDMENT NO. 9 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 A FISCAL YEAR 2025/26 APPROPRIATION OF
$1,994,200 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 TO ENVIRONMENTAL
INTELLIGENCE, LLC FOR INDEPENDENT COMPLIANCE
MONITORING SERVICES IN THE AMOUNT OF $1,994,200
FOR FISCAL YEAR 2025/26 FOR A TOTAL CONTRACT
AMOUNT NOT TO EXCEED $20,444,500
Attachments: 1. Amendment No. 9
RECOMMENDATION
Staff recommends that City Council approve Amendment No. 9 to the 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 a Fiscal Year 2025/26 appropriation of $1,994,200 from the General Fund to the ongoing contractual services account (No. 001-12401-731220); and approve a purchase order in the amount of $1,994,200 for Fiscal Year 2025/26 for a total contract amount not to exceed of $20,444,500. The cost of EI’s services associated with the Purple Line Extension BEVERL
HILLS
id
Meeting Date: June 3, 2025
Project will be reimbursed by Metro, with the exception of an estimated $10,024.50 for in-person monitoring at 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 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 Nos. 6, 7, and 8 were approved in June 2022, May 2023, and May 2024, providing additional funding for a total not to exceed amount of $18,450,300 and service term through June 30, 2025.
DISCUSSION
The current Memorandum of Agreements (MOAs) for Segment 1 and 2 of the Purple Line Subway Extension Project between the City and Metro require an Independent Compliance Monitor (ICM) to provide oversight and enforcement to ensure Metro and its contractors comply with the conditions and mitigation measures outlined in the MOAs and the City Council authorized permits. In accordance with the terms of the MOAs, Metro will reimburse the City for the cost of ICM services associated with the Purple Line Extension Project.
Metro and the City jointly selected EI as a third-party monitor through a Request for Qualification process to provide the ICM services for Section 1 and Section 2 construction projects. EI began working with the City and Metro in September 2017.
The scope of their services is as follows:
Ensure Metro’s compliance with any and all conditions and mitigation measures included in the Section 1 and Section 2 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 Section 2 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 May 1, 2025, EI has issued 399 violations of MOA or permit conditions for Section 1 and 795 violations for Section 2. 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.
Meeting Date: June 3, 2025
Although the Wilshire/La Cienega Station is expected to open by late 2025, Section 1 construction will continue into 2026 with street repair and rehabilitation work in the surrounding area. Final paving along Wilshire Boulevard between Stanley Drive and San Vicente Boulevard is anticipated in spring 2026. In Section 2, street restoration near the Wilshire/Rodeo Station is expected by November 2025 with additional repair and paving work continuing into summer 2026.
Given EI’s consistent enforcement of the MOAs and permit conditions related to the Metro Purple Line Extension Project, staff recommends City continue retaining EI’s services to ensure ongoing monitoring at the current level. This will be particularly important for overseeing the anticipated street restoration and construction punch list activities in the upcoming fiscal year.
FISCAL IMPACT
Most costs associated with monitoring at the Section 1 and Section 2 Stations will be reimbursed by Metro. The terms of the existing Design-Build 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 construction of the Purple Line Extension project. The Section 2 Station MOA states that Metro is not responsible for the costs associated with monitoring at Beverly Hills High School, and $10,024.50 is estimated for the monitoring equipment and inperson inspection at Beverly Hills High School, which is paid for by the City.
The total estimate for ICM services identified from July 2025 through the June 2026 inspections is $1,994,200. This agreement will require a reimbursable appropriation of $1,994,200 from the General Fund to the ongoing contractual services account (No. 001-12401-731220) and a purchase order to EI in the not-to-exceed amount of $1,994,200 for Fiscal Year 2025/26 for a total contract amount not to exceed of $20,444,500. The cost of EI’s services associated with the Purple Line Extension Project will be reimbursed by Metro, with the exception of an estimated $10,024.50 for in-person monitoring at the Beverly Hills High School, which is paid for by the City. Between FY 2018 and 2023, an average of approximately 87% of the annual purchase order amount has been expended. Based on projected workload, approximately 90% of the FY2025 purchase order is expected to be utilized by the end of June 2025. Any unused funds will be returned to the General Fund as done in prior years.
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
Meeting Date: June 3, 2025
Environmental Intelligence Contract Amendment
Amount
Total Not To
Exceed
Amendment 7 (241-23) Year 7 $2,766,000 $15,650,800
Amendment 8 (224-24) Year 8 $2,799,500 $18,450,300
Amendment 9 (Proposed) Year 9 $1,994,200 $20,444,500
EI bills on a time-and-materials basis, using rates set forth in Exhibit B of the Agreement.
Jeff S. Muir,
Director of Finance
Shana Epstein,
Director of Public Works
Approved By Approved By
Attachment 1
1 B0785-0022\3109176v4.doc
AMENDMENT NO. 9 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: Douglas Matthys
President, Consulting & Engineering
Segment
CONSULTANT’S ADDRESS: 811 West 7th Street
9 th 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: Steve Kim (Segment 1)
Ayokunle Ogunrinde (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)
June 30, 2025 (as amended by this
Amendment No. 8)
June 30, 2026 (as amended by this
Amendment No. 9), unless extended
pursuant to Section 2 of the original
Agreement
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 an additional: $2,766,000 in
FY 2023-2024
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Amendment No. 8:
Not to exceed an additional: $2,799,500 in
FY 2024-2025
Amendment No. 9:
Not to exceed an additional: $1,994,200 in
FY 2025-2026
Total Not to Exceed: $20,444,500 based on
the rates set forth in Exhibit B
Docusign Envelope ID: FFC11ADC-737D-4DEA-B953-9F8367BF8ACA 4 B0785-0022\3109176v4.doc
AMENDMENT NO. 9 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. 9 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, Amendment No. 5 dated January 18, 2022, and identified as Contract No. 50-22, Amendment No. 6 dated June 14, 2022, and identified as Contract No. 368-22, Amendment No. 7 dated May 2, 2023, and identified as Contract No. 241-23 , and Amendment No. 8 dated May 21, 2024, and identified as Contract No. 224-24 (“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”).
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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.
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 9.
Section 2. The Consideration shall be amended as set forth on the cover page of this Amendment No. 9.
Section 3. Exhibit B “Compensation” shall be amended as attached hereto.
Section 4. Except as specifically amended by previous amendments and this Amendment No. 9, the remaining provisions of the Agreement shall remain in full force and effect.
EXECUTED the day of 2025, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
_________________________________
SHARONA R. NAZARIAN PsyD
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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___________________________
ANTHONY RODSTEIN
Purchasing Services Manager
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LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY:
________________________________
STEPHANIE WIGGINS
Chief Executive Officer
________________________________
TIMOTHY LINDHOLM
Chief Program Management Officer
______________________________
SAMEH GHALY
Deputy Chief Program Management Officer
APPROVED AS TO FORM:
________________________________
RONALD W. STAMM
Principal Deputy County Counsel
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ENVIRONMENTAL INTELLIGENCE LLC:
________________________________
DOUGLAS MATTHYS
President, Consulting & Engineering
Segment
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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 Twenty Million Four Hundred Forty-Four Thousand Five Hundred Dollars ($20,444,500). Of this total, Amendment No. 9 to this Agreement allocates One Million Nine Hundred Ninety-Four Thousand Two Hundred Dollars ($1,994,200) in Fiscal Year 2025-2026 commencing July 1, 2025 and ending June 30, 2026, in accordance with the following billing rates:
Docusign Envelope ID: FFC11ADC-737D-4DEA-B953-9F8367BF8ACA Proposed 2025- 2026 Bill Rates- Environmental Intelligence City of Beverly Hills/ LA Metro Purple Line Extension
Independent Compliance Monitor Program
Labor Category (El) Hourly 2024/25 Rate Adj # Hourly 2025/26 Rate Principal $286.00 3.00% $295.00
Senior Project Manager $265.00 3.00% $273.00
Project Manager $206.00 3.00% $212.00
Assistant Project Manager $164.00 3.00% $169.00
GIS Manager/Programmer $220.00 3.00% $227.00
GISTech $135.00 3.00% $139.00
Lead ICM $145.00 3.00% $149.00
ICM II (Dav Shift) $118.00 3.00% $122.00
ICM I (Swing Shift) $118.00 3.00% $122.00
ICM I (Night Shift) $130.00 3.00% $134.00
ICM II (Weekend Shift) $130.00 3.00% $134.00
Administrative Support $94.00 3.00% $97.00
Rion Noise Meters- Field Equipment (per week - EI) $182.00 3.00% $187.00 Noise Monitoring Services (Subconsultant)
Installation of Monitoring Stations (#1) $495.00/station 3.00% $510.00 Remote Sensing Station (#2) $1100.00/month 3.00% $1,144.00 Additional Sound or Vibration Sensor (#3) $430.00/sensor/month 3.00% $443.00 Dust Monitoring Sensor (#4) $1,115.00.00/month 3.00% $1,149.00 Calibration of Remote Stations (Monthly #5) $200.00/station/month 3.00% $206.00 Metro Owned Sigicom Sensors Hosting (#6) $275.00/sensor/month 3.00% $284.00 NO2 Sensor $420.00/sensor/month 0.00% $420.00
Remote Station T&M ( #7) $200.00/hour 3.00% $206.00
Note: The proposed % increases have been rounded up to a whole dollar amount for EI and NMS rates.
Certificate Of Completion
Envelope Id: FFC11ADC-737D-4DEA-B953-9F8367BF8ACA Status: Sent Subject: Complete with Docusign: Environmental Intelligence, LLC (481-17) Amendment No. 9 Source Envelope:
Document Pages: 9 Signatures: 10 Envelope Originator:
Certificate Pages: 4 Initials: 0 Erin Justus
AutoNav: Enabled
EnvelopeId Stamping: Enabled
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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Segment President
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Stephanie Wiggins, CEO
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Sharon Dressel
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