HomeMy WebLinkAboutItem 24 - On -Call Chain Link Fencing Services AgreementsPublic Works Agency
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Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: On -Call Chain Link Fencing Services Agreements
AGENDA TITLE
Amendments to Agreements with Quality Fence Co., Inc. and United Site Services of
California, Inc. (General Fund and Non -General Fund)
RECOMMENDED ACTION
Authorize an amendment to agreements with Quality Fence Co., Inc. and United Site
Services of California, Inc. for on -call chain link fencing services to increase the amount
by $894,500, for a revised aggregate amount not to exceed $1,194,500 for the
remainder of the current term expiring May 16, 2025, including two one-year extensions
(Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Purchasing Division establishes an annual blanket order contract (BOC) list
consisting of vendors that provide services required by various departments on a
consistent basis. Historically, chain link fencing services were used by various
Departments throughout the City to provide security, containment, and preventing
unauthorized access of construction projects and City property. An aggregate BOC with
Quality Fence Co., Inc. and United Site Services of California, Inc. was established and
approved by City Council on September 20, 2016 for On -Call citywide temporary chain -
link fencing services. The BOC was subsequently amended on July 5, 2017, September
3, 2019, and May 17, 2022 for an annual aggregate amount not to exceed $285,400
and will be expiring May 31, 2024.
During the term of these BOCs, the Public Works Agency (PWA)'s Engineering
Services Division determined a need for additional resources, and solicited proposals
for chain -link fencing services through a Request for Proposals (RFP 21-123) that
included federally required provisions. However, due to minimal vendor participation,
this competitive process resulted in awarding aggregate agreements to Quality Fence
Co., Inc. and United Site Services of California, Inc. for a three-year period from May
17, 2022 to May 16, 2025, with provisions for two one-year extensions for on -call chain
link fencing services for a total shared aggregate amount not to exceed $300,000,
including all extension periods. These agreements were intended for PWA Engineering
On -Call Chain Link Fencing Services Agreements
May 21, 2024
Page 2
Services Division to provide temporary fencing for construction projects and lots
acquired for future street improvements.
The City currently owns and is responsible for maintaining a number of vacant lots
associated with capital enhancement projects and right-of-way acquisitions. All of the
vacant lots are monitored for readiness of disposition and activation dependent on the
project segment and phase — consistent with the allowable zoning utility, conformance
with the City's Municipal Code, and fulfilment of the California Surplus Lands Act (SLA)
requirements. Additionally, PWA's Construction Services section has the necessity for
as -needed project fencing associated with the City's National Pollutant Discharge
Elimination System (NPDES) for critical task orders. Amending this contract will give
PWA the ability to respond to channel fencing and address other right-of-way areas
vulnerable to encampments.
The initial agreement amount of $300,000 is associated to existing projects and does
not allow contract capacity for other PWA Divisions nor other agencies such as the
Parks, Recreation, Community Services Agency (PRCS) and Community Development
Agency (CDA) to utilize.
Because the Citywide BOCs offered lower contract rates than those procured by PWA
with federal requirements, the City's Purchasing Division issued an Invitation for Bids
(IFB) No. 23-150 for chain -link fence rental services on January 2, 2024 on the City's
online bid management and publication system in an attempt to obtain the most
competitive pricing available for the Public Works Agency. A summary of vendor
participation and results is as follows:
117 Vendors notified
8 Santa Ana vendors notified
21 Vendors downloaded the bid packet
1 Bid received
0 Bids received from Santa Ana vendors
Bids were solicited, opened on February 6, 2024, and evaluated. Only one bid was
received from United Site Services of California, Inc. The sole bid submitted by United
Site Services of California, Inc. offered significantly higher rates than those included in
the existing federally compliant Engineering Division agreements with United Site
Services of California, Inc. To leverage the better pricing and to streamline and
consolidate contracts for the same services with the contracted vendors, a new contract
will not be recommended for award with United Site Services of California, Inc. as a
result of IFB 23-150.
On -Call Chain Link Fencing Services Agreements
May 21, 2024
Page 3
Fencing Services
Financial Services - Blanket Order Contract
J
Instead, staff recommends amending the current CIP On -Call chain link fencing
aggregate agreements with Quality Fence Co., Inc. and United Services of California,
Inc. to increase compensation by $894,500 for a total aggregate amount not to exceed
$1,194,500. The increase in compensation includes all extension periods, if exercised,
and varies per fiscal year as outlined in the fiscal impact section of this report. This
amendment will also ensure sufficient resources are available for all using Divisions
within PWA as well as PRCS and CDA. (Exhibits 1 and 2)
Fencing Services
Public Works Agency
Agreement Amend
Agreement
$300,000/5 Add $894,500/5
years
years
Exp. 05/16/2027 Exp. 05/16/2027
FISCAL IMPACT
Funds are budgeted and available for expenditure in the current fiscal year (FY) 2023-
24 and will be budgeted in future fiscal years for City Council consideration, including
the extension options. Funding for ROW Management will be included in the FY 2024-
25 CIP budget process, which will in turn, allocate additional funding to Project 24-6900
for the below anticipated spending plan. Any unused funds from one FY may be carried
forward for expenditure within the allowable contract term.
The following table summarizes anticipated expenditures by fiscal year:
On -Call Chain Link Fencing Services Agreements
May 21, 2024
Page 4
Fiscal
Accounting
Fund Description
Accounting Unit,
Amount
Year
Unit-
Account Description
Account
No.
01117651-
General Fund
Park Maintenance Sery
$5,000
62320
Enhcment, Maintenance
& Repair Buildings &
Ground
01113230-
General Fund
PRCSA-Recreation &
$1,250
62300
Comm. Svc, Contract
Services -Professional
05917660-
Select Street
Select Street
$30,000
66220
Construction
Construction,
(18-6901)
Improvements Other
Than Buildings
2023-24
06817640-
Sanitation Fund
Pub Wks-
$1,250
62300
Environment/Sanitation,
Contract Services -
Professional
07417655-
Civic Center
Civic Center
$1,250
62320
Maintenance
Maintenance,
Maintenance & Repair
Buildings & Grounds
67018843-
COSA RDA
COSA RDA Admin,
$300
62300
Contract Services -
Professional
01117651-
General Fund
Park Maintenance Sery
$35,000
62320
Enhcment, Maintenance
& Repair Buildings &
Ground
01113230-
General Fund
PRCSA-Recreation &
$8,750
62300
Comm. Svc, Contract
Services -Professional
03217662-
Measure M-Street
Measure M2 Local
$150,000
2024-25
66220
Construction
Fairshare,
(24-6900)
Improvements Other
Than Building
05717640-
Fed Clean Water
Fed Clean Water
$100,000
62300
Protection Enterprise
Protection Enterprise,
Contract Services -
Professional
06817640-
Sanitation Fund
Pub Wks-
$8,750
62300
Environment/Sanitation,
On -Call Chain Link Fencing Services Agreements
May 21, 2024
Page 5
Fiscal
Accounting
Fund Description
Accounting Unit,
Amount
Year
Unit-
Account Description
Account
No.
Contract Services -
Professional
07417655-
Civic Center
Civic Center
$8,750
62320
Maintenance
Maintenance,
Maintenance & Repair
Buildings & Grounds
67018843-
COSA RDA
COSA RDA Admin,
$1,200
62300
Contract Services -
Professional
99217950-
Tran Sys Imp Aut
TSIA Area Fee,
$50,000
66220
Area B
Improvements Other
14-6802
Than Building
Optional
Extensions
01117651-
General Fund
Park Maintenance Sery
$80,000
62320
Enhcment, Maintenance
& Repair Buildings &
Ground
01113230-
General Fund
PRCSA-Recreation &
$20,000
62300
Comm. Svc, Contract
Services -Professional
03217662-
Measure M-Street
Measure M2 Local
$250,000
66220
Construction
Fairshare,
(24-6900)
Improvements Other
Than Building
2025-26
05717640-
Fed Clean Water
Fed Clean Water
$100,000
through
62300
Protection Enterprise
Protection Enterprise,
2026-27
Contract Services -
Professional
06817640-
Sanitation Fund
Pub Wks-
$20,000
62300
Environment/Sanitation,
Contract Services -
Professional
07417655-
Civic Center
Civic Center
$20,000
62320
Maintenance
Maintenance,
Maintenance & Repair
Buildings & Grounds
67018843-
COSA RDA
COSA RDA Admin,
$3,000
62300
Contract Services -
Professional
TOTAL:
$894,500
On -Call Chain Link Fencing Services Agreements
May 21, 2024
Page 6
Prior to utilizing the on -call services for any future task orders without accounts
identified above, City staff must receive Finance and Management Services Agency
approval of project activities to be used to ensure funds are available and under the
shared $894,500 aggregate total. Upon successful completion of the fiscal review, a
corresponding Notice to Proceed containing the specific scope and maximum
expenditure for the task order will be issued.
EXHIBIT(S)
1. Agreement Amendment — Quality Fence Co., Inc.
2. Agreement Amendment — United Site Services of California, Inc.
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Alvaro Nunez, Acting City Manager
EXHIBIT 1
FIRST AMENDMENT TO AGREEMENT FOR ON -CALL CHAIN LINK FENCING
SERVICES FOR THE CITY OF SANTA ANA
THIS FIRST AMENDMENT to the above -referenced agreement is entered into on May 2112024
by and between Quality Fence Co., Inc., a California corporation ("Contractor") and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California ("City").
RECITALS
A. The parties entered into Agreement No. A-2022-078-01 dated May 17, 2022, by which
Contractor agreed to provide on -call chain link fence furnishing and installation services at
various sites citywide on an as needed basis ("Agreement").
B. There were two (2) contractors awarded agreements for said on -call chain link services and
compensation for any services used pursuant to these agreements comes from a shared pool
of funds authorized to pay for such services.
C. Due to the continuing, increased, and citywide need for these on -call services which would
otherwise exceed the current "not to exceed" amount under the Agreement, the parties now
wish to amend the Agreement to add additional funds to the pool of funds available for the on -
call services.
The Parties therefore agree:
1. Section 2.a., Compensation, is amended to increase the total not -to -exceed compensation
from $300,000.00 to $1,194,500.00 for the remaining term of the Agreement, including any
optional extensions.
2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall
remain in full force and effect.
[Signatures contained on the following page]
Page 1 of 2
SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT FOR ON -CALL
CHAIN LINK FENCING SERVICES FOR THE CITY OF SANTA ANA
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first written above.
ATTEST
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
By:
Jonathan T. Martinet
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Alvaro Nunez
Acting City Manager
CONTRACTOR
Name: W i I, rafts D4V O� jr�
Title: f te5i c to
C��a\iiy f--WCZ Co
Page 2 of 2
EXHIBIT 2
FIRST AMENDMENT TO AGREEMENT FOR ON -CALL CHAIN LINK FENCING
SERVICES FOR THE CITY OF SANTA ANA
THIS FIRST AMENDMENT to the above -referenced agreement is entered into on May 21,
2024 by and between United Site Services of California, Inc., a California corporation
("Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The parties entered into Agreement No. A-2022-078-02 dated May 17, 2022, by which
Contractor agreed to provide on -call chain link fence furnishing and installation services at
various sites citywide on an as needed basis ("Agreement").
B. There were two (2) contractors awarded agreements for said on -call chain link services and
compensation for any services used pursuant to these agreements comes from a shared pool of
funds authorized to pay for such services.
C. Due to the continuing, increased, and citywide need for these on -call services which would
otherwise exceed the current "not to exceed" amount under the Agreement, the parties now
wish to amend the Agreement to add additional funds to the pool of funds available for the on -
call services.
The Parties therefore agree:
1. Section 2.a., Compensation, is amended to increase the total not -to -exceed compensation
from $300,000.00 to $1,194,500.00 for the remaining term of the Agreement, including any
optional extensions.
2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall
remain in full force and effect.
[Signatures contained on the following page]
Page 1 of 2
SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT FOR ON -CALL
CHAIN LINK FENCING SERVICES FOR THE CITY OF SANTA ANA
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first written above.
ATTEST
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
By:
Jonathan T. Martine
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Alvaro Nunez
Acting City Manager
CONTRACTOR
Name:
Title:
Page 2 of 2