Los Angeles County One Gateway Plaza ~13.g22.zooo Tel Metropolitan TransportationAuthority Los Angeles, CA gooi2-2g52 rnetro.net @ Metro CON6 CONSTRUCTION COMMITTEE APRIL 21,201 1 SUBJECT: RAIL FACILITIES CAPITAL PROJECTS ACTION: AWARD CONTRACT FOR CONSTRUCTION MANAGEMENT SUPPORT RECOMMENDATIONS A. Authorize the Chief Executive Officer to negotiate and award a 3 year time and material contract under RFP No. PS 100800-2642 with J.L. Patterson & Associates, Inc. the highest qualified proposer for Construction Management Services for Rail Facilities Capital Projects, for an amount not to exceed $2,500,000 inclusive of two 1 year options. B. Authorize the Chief Executive Officer to execute individual Task Orders within the Board approved authority. C. Should the CEO be unable to negotiate a satisfactory contract at fair and reasonable prices with the highest qualified proposer authorize the CEO to negotiate with the next most highly qualified firm, until a satisfactory contract can be negotiated. On February 1, 2010, the Board adopted the Metro Acquisition Policy Statement which includes changes to the levels and types of authority delegated to the CEO to approve and award specified contract actions. Per the Metro Acquisition Policy, awards to the other than the lowest, responsive, responsible bidder under sealed bid procedures over $500,000 require Board approval.
Transcript
Los Angeles County One Gateway Plaza ~13.g22.zooo Tel Metropolitan Transportation Authority Los Angeles, CA gooi2-2g52 rnetro.net
@ Metro CON6
CONSTRUCTION COMMITTEE APRIL 21,201 1
SUBJECT: RAIL FACILITIES CAPITAL PROJECTS
ACTION: AWARD CONTRACT FOR CONSTRUCTION MANAGEMENT SUPPORT
RECOMMENDATIONS
A. Authorize the Chief Executive Officer to negotiate and award a 3 year time and material contract under RFP No. PS 100800-2642 with J.L. Patterson & Associates, Inc. the highest qualified proposer for Construction Management Services for Rail Facilities Capital Projects, for an amount not to exceed $2,500,000 inclusive of two 1 year options.
B. Authorize the Chief Executive Officer to execute individual Task Orders within the Board approved authority.
C. Should the CEO be unable to negotiate a satisfactory contract at fair and reasonable prices with the highest qualified proposer authorize the CEO to negotiate with the next most highly qualified firm, until a satisfactory contract can be negotiated.
On February 1, 2010, the Board adopted the Metro Acquisition Policy Statement which includes changes to the levels and types of authority delegated to the CEO to approve and award specified contract actions. Per the Metro Acquisition Policy, awards to the other than the lowest, responsive, responsible bidder under sealed bid procedures over $500,000 require Board approval.
DISCUSSION
On November 24, 2010, requests for proposals were issued for Construction Management Consultant (CMC) services to assist Metro in managing the construction of Rail Facilities Capital Projects.
The CMC Contract is a time and material contract for a term of 3 years with two, one year options. All rates will be negotiated prior to award and be fully burdened for year one through three. Rates for the option years will be negotiated prior to the end of the base contract period.
The primary role of the CMC is to provide highly skilled and qualified individuals to assist Metro as part of the Construction Management and administration of construction contracts. The CMC staff will be part of a fully integrated Construction Management team working with Metro in the project and field offices.
The CMC Contract is funded on a Task Order basis, involving a separate Task Order budget for the CMC needs for each of the smaller Rail Facilities Capital Projects. The Task Order separates the funding into manageable parts that allow for efficient cost control and budget management by Metro. The Task Order will be issued for a not-to- exceed amount utilizing the hourly rates set forth in the Contract. We can request specific tasks to be performed within each Task Order, provided that the estimated cost is within the total contract authorized funding limit.
We estimate that the Construction Management Support Services for the Rail Facilities Capital Projects will be required starting the summer of 201 1.
FINANCIAL IMPACT
The funding of $2,500,000 for this contract is included in the FYI I and FYI2 proposed 5 year Capital Program in Cost Center 8510, Construction Procurement, under various Rail Facilities Capital project numbers which are shown in Attachment B.
Task orders under this contract will be funded within the life of project (LOP) budgets for each individual capital project. As such, approval of this action will not increase the LOP budgets of any individual capital projects.
Since this is a multi-year contract, the Cost Center Manager and Executive Director of Transit Project Delivery will be accountable for budgeting the contract cost in future years, including any options exercised.
Impact to Budget
The current funding for this action will come from various approved Rail Facilities Capital Project budgets, which are funded by various sources including Federal 5307,
Construction Management Support Services Contract No 100800-2642 2
TDA 4, Proposition A and Proposition C and Pasadena Gold Line Insurance Settlement. The funds have been specifically set aside for these uses as part of the Rail Facilities Capital program. Approval of this action will not impact the bus and rail operating budget.
ALTERNATIVES CONSIDERED
The Board may reject the recommendation. We do not recommend this alternative, as rejection will require an extensive hiring effort to provide additional permanent staff to fill the required construction management positions. This would not be cost effective and could cause delays, since many of the CMC resources are only required on a periodic basis for peak workloads and specific tasks over the life of the project.
NEXT STEPS
After Board approval of this CM Contract the Contracting Officer will negotiate and award the contract in accordance with Metro Procurement Policies and Procedures.
ATTACHMENTS
A. Procurement Summary B. FundingIExpenditure Plan
Prepared By: Henry Fuks, Deputy Executive Officer, Project Management
Construction Management Support Services Contract No 100800-2642
\ I . - ~rishniah-. Murthy Executive ~irector,- ran sit Project Delivery
Arthur T. Leahy Chief Executive Officer
Construction Management Support Services Contract No 100800-2642
ATTACHMENT A
PROCUREMENT SUMMARY (PS -100800-2642)
CONSTRUCTION MANAGEMENT SUPPORT SERVICES FOR RAIL CAPITAL PROJECTS
A. Procurement Background
1. 2. 3.
3.
4.
5.
6.
A Request for Proposals was issued on November 24,2010, to identify the most highly qualified contractor to furnish labor, materials, and other related items required for the performance of Construction Management Services on Metro Rail Facilities Capital Projects on a Time and Materials basis. The Contractor may be called on to furnish a full range of construction management services or to provide individual staff members to augment Metro staff. Work will be assigned as needed on a task order basis. The Contract will be for a term of 3 years, with 2 one-year options. Funding is contingent on fiscal year availability.
Government Code 4525 et seq requires the selection of construction management contractors to be performed on the basis of professional qualifications. Price is not a factor in source selection.
Contract Number: PS-100800-2642 Recommended Vendor: J. L. Patterson & Associates, Inc. Type of Procurement (check one) : IFB RFP RFP -A&E
Non-Competitive Modification Task Order Procurement Dates: A. Issued: November 24,201 0 B. AdvertisedIPublicized: November 19, 201 0 C. Pre-proposal1Pre-Bid Conference: December 22, 201 0 D. ProposalsIBids Due: January 12, 201 1 E. Pre-Qualification Completed: March 17, 201 1 F. Conflict of Interest Form Submitted to Ethics: March 18, 201 1 G. Protest Period End Date: April 26, 201 I H. Small Business Commitment: 45%
Construction Management Support Services Contract No 100800-2642
Solicitations Picked upIDownloaded: 187
Contract Administrator: B. Mahaffey Project Manager: . J. Gleig
J. L. Patterson & Associates, Inc. (JLP) located at 725 Town and Country Road, #300, Orange, CA 92868 has been providing construction management services for over 20 years, and has experience with the original construction of the Metro Blue Line and continuing with the Metrolink Commuter Rail System, as well as the Metro Red Line. JLP is well versed in Metro's meticulous requirements in managing construction of rail projects.
C. Evaluation of ProposalslBids
JLP was determined to be the most qualified proposer based upon the Evaluation Team's review of all submitted proposals. The procurement is in compliance with Metro Acquisition Policies and Procedures, and California Government Code section 4525 et seq. The factors against which the proposals were evaluated were identified in the solicitation:
o Experience with similar kinds of work. o Quality of Staff for the work to be done. o Understanding of the work.
The Evaluation Team reviewed the contents of each proposal against the factors and subfactors and provided a rating of each proposal based on the maximum points allowed in each category; the proposals were ranked in descending order. Price is not a factor in the evaluation. See Attachment A-I for a complete list of proposers in alphabetical order.
D. CostlPrice Analysis Explanation of Variances
Procurement staff will negotiate reasonable labor rates for each category of staff required by the statement of work, based on a thorough analysis of the rates proposed.
The analysis includes, among other things, a comparison with similar firms offering the same services, a detailed analysis of rates and factors that will comprise the labor hour billing rates, and compliance with applicable accounting principles.
If reasonable rates cannot be negotiated with the most highly qualified firm, negotiations will proceed, in order, to the next most qualified firm(s) until reasonable rates can be achieved.
The pricing for each Task Order will be determined by applying the fixed negotiated labor rates plus the fee factor to the estimated number of labor hours required for the task to establish either a lump sum price or a Not-To-Exceed amount for each Task Order.
Construction Management Support Services Contract No 100800-2642
E. Small Business Participation (Completed bv DEOD)
The Diversity and Economic Opportunity Department (DEOD) recommended a Disadvantaged Business Enterprise Anticipated Level of Participation (DALP) of 40% for this Time and Material task order procurement. JL Patterson & Associates, Inc. made a 40% DALP commitment. DEOD will monitor the proposers' DBE commitments based on the cumulative value of each task order issued.
RecommendedlNegotiated Amount
$NA
BidlProposal Amount
$NA
Staff Estimate
$NA
Small Business Goal
Construction Management Support Services Contract No 100800-2642
1.
2.
3.
40% DALP
Subcontractor(s )
Kal Krishnan Consulting Services, Inc.
Safework, Inc.
MARRS Services, Inc.
Total Commitment
Small Business Commitment
% Committed
14%
12%
14%
40%
40% DALP
ATTACHMENT A-I
LIST OF PROPOSERS
Construction Management Support Services Contract No 100800-2642
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BidderlProposer Name
Anil Verma Associates, Inc.
Berg & Associates, Inc.
Global Business Solutions, Inc.
-- Hill International
Owen Design Management
J. L. Patterson & Associates, Inc.
Yang Management, Inc.
BidIProposal Amount
NA
NA
NA
NA
NA
NA
NA
Best and Final Offer Amount
NA
NA
NA
NA
NA
NA
NA
Note those that were disqualified as explained above:
ATTACHMENT B
Attachment B: Funding 1 Expenditure Plan
Construction Management Support Services for Rail Capital Projects
Construction Management Support Services Contract No 100800-2642
Capital Project
EscalatorIElevator Modernization Program
(CP 21 1010) Vertical Systems
Modernization Program - Elevator Installations (MRL -
