Meeting_Body
OPERATIONS, SAFETY, AND CUSTOMER EXPERIENCE COMMITTEE
MARCH 17, 2022
Subject
SUBJECT: FENCE REPAIR AND INSTALLATION SERVICES FOR METRO RAIL RIGHTS-OF-WAY, FACILITIES AND PARCEL PROPERTIES
Action
ACTION: APPROVE CONTRACT MODIFICATION
Heading
RECOMMENDATION
Title
AUTHORIZE the Chief Executive Officer to execute Modification No. 11 to Contract No. OP4056400OP for Fence Repair and Installation Services for Metro Rail Rights-of-Way, Facilities and Parcel Properties with AZ Construction Inc, DBA Ace Fence Co., in the amount of $865,000, increasing the total contract value from $3,196,800 to $4,061,800, and extending the period of performance from May 1, 2022, through October 31, 2022. Modification No. 11 also includes an as-needed option to extend the contract period of performance up to six (6) months through April 30, 2023 and increase the total contract value up to an additional $390,000 for a total contract not to exceed amount of $4,451,800, pending lawsuit resolution.
Issue
ISSUE
On May 27, 2021, Metro Board of Directors authorized the Chief Executive Officer to award a firm fixed unit rate Contract No. OP1788370008370 to Deco Fence Company, to provide fence repair and maintenance services effective July 1, 2021, subject to resolution of a protest followed by litigation. Staff has not proceeded with an award of the contract to the low bidder, Deco Fence, due to a lawsuit that was filed by Izurieta Fence Co., a competing bidder on the contract. That lawsuit is pending in the Los Angeles County Superior Court, however, no trial date has been set.
The existing contract five-year term with Ace Fence Co. to provide fence repair and installation services has been extended with an expiration date of April 30, 2022. To ensure service continuity providing safe, timely and quality services for as-needed safety sensitive fencing repair and installation services system-wide, a modification for the existing contract with Ace Fence Co. is required effective May 1, 2022.
Background
BACKGROUND
The lawsuit filed by Izurieta Fence Co., a competing bidder on Contract No. OP1788370008370 seeks to enjoin the award of the contract to Deco Fence based upon Izurieta's allegations of Deco Fence's lack of appropriate licenses. That lawsuit is pending in the Los Angeles County Superior Court, however, no trial date has been set. Therefore, a modification for the existing Contract No. OP4056400OP with Ace Fence Co. is required effective May 1, 2022, to ensure service continuity providing the critical as-needed safety sensitive fencing repair and installation services system-wide.
Under this existing contract with Ace Fence Co., the contractor is required to provide timely fencing repair services in response to as-needed inquiries and service requests of damaged fence due to vandalism, forced entries, vehicular accidents, and in support of Metro’s Construction projects to ensure safety and security incidents are addressed.
Discussion
DISCUSSION
In order to meet Metro’s security needs, multiple types of fencing are required on Metro’s active and inactive railroad rights-of-way (ROWs), electrified railroad yards, traction power substations, storage yards and other Metro rail operating properties. Timely fencing repair services are necessary to prevent the public from accessing restricted areas and placing themselves at the risk of being hit by trains, being electrocuted by third rail or high-power electrical lines, to mitigate illegal dumping and to protect Metro properties from theft, vandalism and forced entries.
As of July 2021, to-date, the contractor responded to 124 incidents requiring fencing repair and replacement due to vandalism, trespassing and homeless encampments, with a total cost of $368,000. In addition, under this contract, the contractor will be performing major fencing improvements replacing the perimeter chain link fence with security grade fencing for the employee parking lots at Metro Bus Division 1 as well as the yard fencing for Metro Bus Divisions 2 and 18. While the security grade fencing materials are acquired outside this contract, Ace Fence Co. will be installing the security fencing for a total cost of $450,000. Therefore, there is insufficient funds remaining within the existing contract, requiring approval of modification No. 11 to increase contract authority and extend the period of performance effective May 1, 2022.
These actions are necessary to ensure timely response to as-needed safety sensitive fencing repair inquiries, protect Metro employees and properties from theft and unauthorized access, and allow sufficient time to perform the necessary fencing improvements and complete installation of perimeter security fencing at Metro Bus Divisions 1, 2 and 18, while improving the overall safety and security conditions.
Determination_Of_Safety_Impact
DETERMINATION OF SAFETY IMPACT
The approval of this item will ensure continuity of maintenance services with timely response to as-needed fencing repair and installation services, in an effort to provide safe, on-time and reliable services system-wide.
Financial_Impact
FINANCIAL IMPACT
Funding of $289,000 for the remainder of FY22 is allocated under cost center 8370 - Facilities Contracted Maintenance Services, account 50308, Service Contract Maintenance, under various projects.
Since this is a multi-year contract, the cost center manager and Deputy Chief Operations Officer (Interim), Maintenance and Engineering will be accountable for budgeting the cost in future years.
Impact to Budget
The current source of funds for this action includes Fares, proposition A/C, Measure M, and State Transportation Assistance. These funding sources maximize allowable project funding use given approved funding provisions and guidelines.
Equity_Platform
EQUITY PLATFORM
Metro ensures the fence repair and installation services program provides timely, uninterrupted and continual services under Title VI of the Civil Rights Act of 1964 through proper service maintenance of fencing and safer passage to public transit, that positively impacts underserved communities inflicted by greater levels of vandalism and aid with community beautification initiatives.
Under the existing contract, a 100% SBE commitment was made by the prime. Ace Fence Co. is a Metro certified SBE and is meeting their commitment with a 100% SBE participation.
Implementation_of_Strategic_Plan_Goals
IMPLEMENTATION OF STRATEGIC PLAN GOALS
This board action supports Strategic Goal 5: Provide responsive, accountable, and trustworthy governance within the Metro organization. Performing timely as-needed fencing repair and installation services will ensure providing safe environment to our patrons, accessibility and service reliability, and enhancing customers’ overall experience.
Alternatives_Considered
ALTERNATIVES CONSIDERED
The Board may elect not to approve this recommendation. This option is not recommended as it would result in a gap in service impacting Metro’s system safety, operations and customer experience.
Next_Steps
NEXT STEPS
Upon approval by the Board, staff will execute Modification No. 11 to Contract No. OP4056400OP with AZ Construction Inc, DBA Ace Fence Co., to continue providing as-needed safety sensitive fencing repair and installation services system-wide effective May 1, 2022, through October 31, 2022, and extending the contract thereafter on an as-needed basis up to six (6) months through April 30, 2023, pending lawsuit resolution
In an effort to further enhance service efficiency and cost effectiveness with a focus on safety and customer experience, staff will be conducting an in-depth feasibility review and cost-benefit analysis of all possible alternatives to provide safe, timely, reliable and cost-effective fencing repair and maintenance services. The analysis will review and evaluate the existing practices, available resources, and recommend options along with proposed resources for hiring and training of any additional personnel, and purchase of additional equipment, vehicles and supplies, as necessary. Staff's assessment will utilize an equity lens to ensure that all efforts relative to fencing repair and maintenance are justifiable and responsive to customer needs, Metro policies and board directives.
Attachments
ATTACHMENTS
Attachment A - Procurement Summary
Attachment B - Contract Modification/Change Order Log
Attachment C - DEOD Summary
Prepared_by
Prepared by: Errol Taylor, Deputy Chief Operations Officer (Interim), Maintenance & Engineering, (213) 922-3227
Lena Babayan, Deputy Executive Officer, Facilities Contracted Maintenance Services, (213) 922-6765
Ruben Cardenas, Sr. Manager, Facilities Contracted Maintenance Services, (213) 922-5932
Reviewed_By
Reviewed by: Bernard Jackson, Chief Operations Officer (Acting), (213) 418-8301
Debra Avila, Deputy Chief, Vendor/Contract Management Officer, (213) 418-3051
