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					                      Los Angeles County                     One Gateway Plaza            ~13.g22.zooo
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                      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.
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 Iand 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

     1.     Contract Number: PS-100800-2642
     2.     Recommended Vendor: J. L. Patterson & Associates, Inc.
     3.     Type of Procurement (check one) :        IFB      RFP    RFP -A&E
                 Non-Competitive        Modification    Task Order
     3.     Procurement Dates:
            A. Issued: November 24,2010
            B. AdvertisedIPublicized: November 19, 2010
            C. Pre-proposal1Pre-Bid Conference: December 22, 2010
            D. ProposalsIBids Due: January 12, 2011
            E. Pre-Qualification Completed: March 17, 2011
            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%
     4.     Solicitations Picked                 Bids/Proposals Received: 7
            upIDownloaded: 187

     5.     Contract Administrator:                         Telephone Number:
            B. Mahaffey                                     (213) 922-7327
     6.     Project Manager:     .                          Telephone Number:
            J. Gleig                                        (2 13) 922-7453


A. Procurement Background


          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.


Construction Management Support Services Contract No 100800-2642
B. Background on Recommended Contractor

         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
        BidlProposal Amount                      Staff Estimate         RecommendedlNegotiated
                                                                              Amount
   $NA                                    $NA                           $NA


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.


    Small Business                    40% DALP               Small Business         40% DALP
    Goal                                                     Commitment

           Subcontractor(s )                                                   % Committed
   1.      Kal Krishnan Consulting Services, Inc.                                  14%

   2.      Safework, Inc.                                                          12%

   3.      MARRS Services, Inc.                                                    14%


                                                        Total Commitment           40%




Construction Management Support Services Contract No 100800-2642
                                                                                ATTACHMENT A-I

                                           LIST OF PROPOSERS


             BidderlProposer Name                       BidIProposal   Best and      Note those that
                                                        Amount         Final Offer   were
                                                                       Amount        disqualified as
                                                                                     explained
                                                                                     above:
      1      Anil Verma Associates, Inc.                NA             NA
      2      Berg & Associates, Inc.                    NA             NA
      3      Global Business Solutions,                 NA             NA
             Inc.
     -
     -
      4      Hill International                         NA             NA
      5      Owen Design Management                     NA             NA
      6      J. L. Patterson & Associates,              NA             NA
             Inc.
      7      Yang Management, Inc.                      NA             NA




Construction Management Support Services Contract No 100800-2642
                                                                                       ATTACHMENT B




                                 Attachment B: Funding 1 Expenditure Plan

              Construction Management Support Services for Rail Capital Projects


                                                                                                     % of
         Capital Project                FY 11           FY 12        FY 13   FY 14       TOTAL       Total
       EscalatorIElevator
    Modernization Program
         (CP 21 1010)                               191,100        51,900    207,900      450,900     18%
       Vertical Systems
   Modernization Program -
  Elevator Installations (MRL -
              MBL)
         (CP 2041 17)                               237,500        233,500    51,950      522,950     21%
    MRL Stations Entrance
            Canopies
         (CP 204006)                  23,100        251,150        64,300                 338,550     14%
      Pasadena Gold Line
          Deficiencies
         (CP 809005)                  9,800         324,950        160,100                494,850    20%

    Various Capital Projects                        392,250        199,000   101,500      692,750    28%

      Total Contract Cost:            32,900        1,396,950      708,800   361,350     2,500,000   100%
       Source of Funds
  Various (e.g. Federal 5307,
 Prop A and C, PGL insurance
          settlement)         32,900                1,396,950      708,800   361,350     2,500,000   100%




Construction Management Support Services Contract No 100800-2642

				
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