CONSTRUCTION COMMITTEE

CONSTRUCTION COMMITTEE

JANUARY 16, 2002

SUBJECT: ENVIRONMENTAL ENGINEERING SERVICES FOR CAPITAL IMPROVEMENT AND TRANSIT CORRIDOR PROJECTS

ACTION: REQUEST FOR ADDITIONAL FUNDING IN THE AMOUNT OF $2,000,000

RECOMMENDATION

Authorize the Chief Executive Officer to execute Amendment No. 6 to Contract No. EN068 with Harding ESE to provide anticipated Environmental Engineering Services for a period of one (1) year in the amount not to exceed $2,000,000 increasing the Total Contract Value from $3,637,493 to $5,637,493.

RATIONALE

In December 1999, the Board awarded Contract No. EN068 for Environmental Engineering Services to Harding ESE (formerly Harding Lawson Associates). The contract was for two years (December 10, 1999 to December 9, 2001) with three one-year options. Amendment No. 5 to the contract exercised Option year 1 and extended the expiration date of the contract from December 9, 2001 to December 9, 2002.

This Environmental Engineering Services contract provides the Metro with permitting, monitoring, investigation, and remediation of hazardous substances. These types of services are required to support construction projects, as well as to assist the Metro in complying with the numerous federal, state, and local environmental regulations imposed upon the agency. The Metro must comply with these regulatory agencies or face criminal and/or civil liability.

Amendment No. 1 to Contract No. EN068 increased the original not-to-exceed value by $600,000 to cover the costs of transit corridor environmental and geotechnical investigations. Eight bus divisions are currently either under investigation or under remediation, and numerous capital improvement and transit corridor projects require continued environmental support. The original not-to-exceed amount did not consider new and unforeseen projects requiring environmental engineering services.

The requested additional funding amount of $2,000,000 is based on an Environmental Services Department projection of required services for the additional one-year period, under projects 200215, 200025, 200026, 200027, 800111, 800112, 800082, 800083, 800084, 800088 and other unforeseen construction projects that may occur. As the need for specific Environmental Engineering Services arise, Task Orders will be issued and funded from their associated projects’ budget. A projection of the not-to-exceed amount by project is included as Attachment A.

The funding of $2,000,000 for the referenced service is included in the FY02 budget under Cost Center 8510, Construction Professional Services Contracts. Since this is a multi-year contract, the cost center manager and Executive Officer will be accountable for budgeting the cost in future years, including any option exercised.

The Metro could decline to increase the funding for this contract, and a new Environmental Engineering Services contract could be solicited, competitively selected, and procured. However, given the current procurement completion window of four to six months, it would be virtually impossible to comply with regulatory deadlines and environmental requirements of facility and Metro Rail projects. In addition, it would not be time or cost-effective to have staff conduct individual procurements for each task required. Insufficient staffing, equipment, and supplies prevent Metro from performing the work internally. The Metro would incur more cost to do the work internally than by employing a contractor.

A not-to-exceed increase for this contract will provide a timely method for Metro’s qualified Contractor Harding ESE Inc. to mitigate environmental engineering and hazardous materials-related issues at Metro properties and construction sites.

The RFP for Contract No. EN068 was issued on April 14, 1999. Four proposals were received on June 14, 1999. The Board awarded the Contract to the recommended proposer, Harding ESE, at the Board meeting of December 2, 1999.

As specific environmental engineering services are needed, staff will request a work plan and cost proposal from the Contractor that will be analyzed and negotiated. Once an agreement is reached, Metro staff will execute a Task Order and the contractor shall begin work. Metro staff will monitor the contractor’s performance using existing management controls. This contracting process allows staff to properly and efficiently provide environmental engineering services as the need arises.

Each individual Task Order will be negotiated on a Time and Material basis and will comply with all requirements of Metro Procurement, including receipt of proposal for the specific task, a cost estimate and price analysis and technical evaluation before the Task Order is awarded.

The Contract has a 25% Disadvantaged Business Enterprises (DBE) participation goal. The Contract was awarded in December 1999 and is approximately 71% complete. Current DBE attainment¹ based on the current contract amount² is 6.75%. Current DBE participation³ based on total actual amount paid-to-date to the Prime Contractor and total actual amount paid-to-date to the DBE firms is 35.22%. Each of the listed DBE subcontractors is performing on the Contract as listed.

1 Current Attainment = Total Actual Amount Paid-To-Date to Subcontractors ÷ Total Relevant Contract Amount

2 Relevant Contract = Original Contract value + Contract Cost Modifications affecting DBE or SBE Scope of Work

3 Current Participation = Total Actual Amount Paid-To-Date to Subcontractors ÷ Total Actual Amount Paid-To-Date to Prime Contractor

Prepared by: Tim Lindholm, Environmental Specialist II
Keith Webster, Senior Contract Administrator

AMENDED NOT-TO-EXCEED AMOUNT	Metro ESTIMATE	HISTORICAL AMOUNT
5,637,493	Not Applicable	Not Applicable

Subcontractor’s Name	Commitment	Current Attainment¹	Current Participation³	Current Status
BC2 Environ mental	CWO	1.32%	6.90%	Performing
CalScience Environmental Lab	CWO	4.83%	25.19%	Performing
Dean Ryan Consultants	CWO	0.56%	2.93%	Performing
Calvada Surveying	CWO	0.04%	0.20%	Performing
TOTAL	25%	6.75%	35.22%	Expected to meet the Goal⁴