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 requi...

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