DATE: NOVEMBER 8, 2010
TO: BOARD OF DIRECTORS
FROM: RICHARD D. THORPE
CHIEF EXECUTIVE OFFICER
ACTION: AUTHORIZE THE CHIEF EXECUTIVE OFFICER TO ISSUE A
CONTRACT TO J.L. PATTERSON & ASSOCIATES, INC. TO
PROVIDE PHASE 1 ENGINEERING AND DESIGN SERVICES IN
AN AMOUNT NOT-TO-EXCEED $1,021,700
Authorize the Chief Executive Officer (CEO) to issue a Contract to J.L. Patterson
& Associates, Inc. (JLP), to provide Phase 1 Engineering and Design Services
for the remaining aspects of Phase 1, in an amount not-to-exceed $1,021,700.
Several elements of work have been added to the Project after execution of the
Design-Build Contract. In an effort to minimize any further delay to the Phase 1
Design-Build Contract with FFP, and to take advantage of the current competitive
environment for construction contracts, staff has determined it is best to solicit
bids for these outstanding elements of work. This outstanding work includes the
improvements to the Harvard Pedestrian Tunnel; the Culver City Station Plaza
and interim parking, and the LRT Vehicle Storage Facility. The final design of
these elements must be completed prior soliciting bids. Since one or more of
these remaining elements involves the use federal ARRA Funds, and to move
this work forward as expeditiously as possible, staff is recommending that the
Exposition Metro Line Construction Authority (Authority) enter into a contract
assignment with JLP to provide design services for these projects.
JLP currently has an On-Call Contract with the Southern California Regional Rail
Authority (SCRRA) to provide engineering and design services for rail related
projects. In accordance with federal policy, agencies receiving federal funds may
assign contractual rights to purchase goods and services to other agencies
receiving federal funding, if the original contract contains appropriate
assignability provisions. Obtaining these contractual rights, commonly known as
‘piggybacking’, may be done after certain criteria are satisfied. The criteria
include the following: the original contract must include an assignments clause;
the agency to whom the contract will be assigned must obtain a copy of the
contract and solicitation documents; the contract must contain the appropriate
federal terms and conditions; there must be a determination that there is
sufficient capacity within the existing contract for both agencies; and the costs
are fair and reasonable. All of the above requirements have been met to allow
for this assignment to the Authority.
There are several elements of Phase 1 that have not yet been designed. In an
effort to avoid any further delays in the project, staff looked at a number of ways
to bring a qualified firm under contract to complete the final design for the LRT
Storage Facility, the Culver City Station, and interim parking lot and the
improvements to the Harvard Pedestrian Tunnel. The most expeditious method
to completing this work was an assignment of an existing contract with an
engineering and design firm qualified to work on rail projects. Since federal
funds may be involved, staff reviewed the federal guidelines to determine if an
existing contract with another public agency could be located that would meet all
of the requirements.
After discussions with both Metro and SCRRA, staff determined that SCRRA had
a contract with JLP that would meet all of the requirements. SCRRA indicated
that they were willing to allow an assignment, if the firm also was amenable.
Having determined that all parties were in agreement regarding the assignment,
staff reviewed the existing contract to determine if the federal criteria were met.
Staff found the following:
• The existing SCRRA contract includes an Assignments Clause and all
appropriate federal terms and conditions;
• The contract is in an amount not-to-exceed $14 million and there is
currently about $3.5 million remaining that SCRRA does not anticipate
utilizing (excess capacity);
• The contract was solicited and awarded competitively using a
qualification-based selection process as required by both state and federal
law for architectural and engineering professional services.
• Hourly rates are fair and reasonable. Staff compared the hourly rates and
the overhead rates in the existing SCRRA contract to current existing
• Authority contracts for preliminary and final design services, and
construction management services, and found that the rates were
consistently less than the Authority is currently being charged for the same
or similar services.
• The insurance coverage required by the SCRRA contract is more stringent
than the Authority’s standard requirements for the same or similar
• SCRRA’s Indemnity Clause is more stringent than the Authority’s standard
requirements for the same or similar services.
Contingent upon Board approval, staff will enter into an independent contract
with JLP for the required services. Although the Authority will accept the existing
terms and conditions of the SCRRA contract, the scope of work and all liability
and responsibility will be between the Authority and JLP. Aside from approving
the assignment, the SCRRA will have no involvement in the final agreement.
The following elements and the estimated cost will be included in the final scope
• Improvements to the Harvard Pedestrian Tunnel ($198,300)
• The Culver City Station Plaza area which includes a Clean Mobility
Center, the interim parking lot and other improvements ($305,000)
• LRT Vehicle Storage Facility ($373,600)
• Supervisor’s Office at the 7th and Metro Station ($144,800) (Option)
Based on the work that needs to be completed, staff is requesting the Board of
Directors approve this contract in the amount of $1,021,700.
Funding in the amount of $680,000 is available in the Safety Enhancements
Budget and $342,000 is available in the C-2, C-5 and E-2 Package Budgets.
Upon Board approval, the CEO will negotiate the final scope of work and execute
Contract No. XP8901-839 with J. L. Patterson & Associates, Inc., in an amount