File #: 2022-0038   
Type: Contract Status: Passed
File created: 1/20/2022 In control: Board of Directors - Regular Board Meeting
On agenda: 3/24/2022 Final action: 3/24/2022
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.
Sponsors: Operations, Safety, and Customer Experience Commit
Indexes: Alameda Corridor East, Budgeting, Construction, Contractors, Contracts, Maintenance, Maintenance practices, Metro Divisions, Operations and Maintenance, Procurement, Railroad facilities, Resolution, Safety, Safety and security, Security, Theft, Vandalism
Attachments: 1. Attachment A - Procurement Summary, 2. Attachment B - Contract Modification Change Order Log, 3. Attachment C - DEOD Summary
Related files: 2022-0270

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