HomeMy WebLinkAbout04 - Amendment to On-Call M/RSA with Quality Fence Co., Inc. and Red Hawk Services, Inc.Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
March 14, 2023
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: John Salazar, Streets & Beaches Superintendent,
jsalazar@newportbeachca.gov
PHONE: 949-718-3460
TITLE: Approval of Amendment No. Two to On -Call Maintenance/Repair
Services Agreements with Quality Fence Co., Inc. and Red Hawk
Services, Inc.
ABSTRACT:
The Public Works Department uses two on -call agreements to provide fencing
maintenance and repair services. These services are used to maintain, repair and replace
gates, privacy fencing, chain link fence, and horse trail railing. Staff requests City Council
approval of amendments to on -call maintenance and repair services agreements with
both Quality Fence Co., Inc. and Red Hawk Services, Inc. to provide these services. Each
proposed amendment is for a two-year term and an increase of $140,000, for a total
not -to -exceed amount of $250,000 through March 2025.
RECOMMENDATIONS:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Approve Amendment No. Two to On -Call Fencing Maintenance and Repair Services
Agreements with Quality Fence Co., Inc., and Red Hawk Services, Inc. with each
agreement being for a two-year term and total not -to -exceed amount of $250,000 per
agreement, and authorize the Mayor and City Clerk to execute the agreements.
DISCUSSION:
The City of Newport Beach (City) utilizes contractors to accomplish a variety of
maintenance and repair services. One such service is for as -needed fence maintenance
and repair and includes maintenance of existing chain link gates and fences, wrought iron
gates, privacy mesh fencing, vinyl -covered chain link fencing, wood panel fencing, horse
trail poles, tension cables, and other fence -related work located at various City parks,
trails, beaches and facilities. On occasion, capital improvement projects may also call for
additional temporary or permanent fencing needs.
4-1
Approval of Amendment No. Two to On -Call Maintenance/Repair Services
Agreements with Quality Fence Co., Inc. and Red Hawk Services, Inc.
March 14, 2023
Page 2
On December 23, 2019, the Public Works Department issued a Request for Proposals
(RFP) for On -Call Fencing Maintenance and Repair Services. On January 16, 2020, five
proposals were received, and a panel evaluated each proposal based on a combination
of qualifications, experience and cost. Upon completion of this review and ranking, the
Public Works Department requested approval to enter into two, On -Call Fencing
Maintenance and Repair Services Agreements with Quality Fence Co., Inc., and Red
Hawk Services, Inc. Each agreement had a two-year term and a total not -to -exceed
amount of $110,000. In the spring of 2022, a one-year amendment was approved,
extending the term to March 23, 2023.
Over the past three years, Quality Fence and Red Hawk have done an excellent job
meeting the City's fencing needs. Both contractors are professional, provide quality work,
have a quick response time and complete projects in a timely manner. Their prices are
reasonable and competitive with current market rates.
Staff requests City Council approval to extend the term for two additional years with both
Quality Fence Co., Inc. and Red Hawk Services, Inc. to continue to provide fencing repair
and installation services. Each agreement term would be extended to March 23, 2025
and compensation would be increased by $140,000, for a proposed total not -to -exceed
amount of $250,000. The new amendments will allow staff to accommodate several
upcoming projects, which require approximately $240,000 in fencing needs. These
projects include the Pirates Cove cage installation, Buffalo Hills Park and Coastal Peak
Park lodge pole fence installations, Irvine Terrace Park wood fence repairs, Westcliff
Park, and Castaways Park Trail. Additionally, removal and replacement of a deteriorated
chain link fence on the Corona Del Mar blufftop below Ocean Boulevard is needed. The
Recreation & Senior Services Department will also be using this contract for softball
backstops and estimates having projects totaling $10,000.
FISCAL IMPACT -
The adopted budget includes sufficient funding for this contract. It will be expensed to the
appropriate contract and maintenance accounts in the Public Works Department
operating budget and/or the Capital Improvement Program (CIP) Budget.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING -
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
4-2
Approval of Amendment No. Two to On -Call Maintenance/Repair Services
Agreements with Quality Fence Co., Inc. and Red Hawk Services, Inc.
March 14, 2023
Page 3
ATTACHMENTS:
Attachment A — Amendment No. Two with Quality Fence Co., Inc.
Attachment B — Amendment No. Two with Red Hawk Services, Inc.
4-3
ATTACHMENT A
AMENDMENT NO. TWO TO
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH QUALITY FENCE CO., INC. FOR
FENCING SERVICES
THIS AMENDMENT NO. TWO TO ON -CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this
14th day of March, 2023 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and QUALITY FENCE
CO., INC., a California corporation ("Contractor"), whose address is 14929 Garfield
Avenue, Paramount, California 90723, and is made with reference to the following:
RECITALS
A. On March 24, 2020, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") for Contractor to perform
on -call maintenance and /or repair services for City ("Project").
B. On March 22, 2022, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to extend the term of the Agreement.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to March 23, 2025 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 23, 2025, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Letter Proposal and the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by
reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Two Hundred Fifty Thousand Dollars and 001100
($250,000.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Forty Thousand Dollars and 00/100 ($140,000.00).
QUALITY FENCE CO., INC. Page 1 4-4
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
QUALITY FENCE CO., INC. Page 2 4-5
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: (cc)
on C. Harp z.3 Ami-
ity Attorney
ATTEST:
Date:
go
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Noah Blom
Mayor
CONTRACTOR: QUALITY FENCE CO.,
INC., a California corporation
Date:
By:
William Cavanaugh
Chief Executive Officer
Date:
By:
Frank Tobias
Secretary
[END OF SIGNATURES]
QUALITY FENCE CO., INC. Page 3 4-6
ATTACHMENT B
AMENDMENT NO. TWO TO
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH RED HAWK SERVICES, INC. FOR
FENCING SERVICES
THIS AMENDMENT NO. TWO TO ON -CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this
14th day of March, 2023 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and RED HAWK
SERVICES, INC., a California corporation ("Contractor"), whose address is 262 E 1st
Street, Perris, California, and is made with reference to the following:
RECITALS
A. On March 24, 2020, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") to perform on -call
maintenance and/or repair services for City ("Project").
B. On March 22, 2022, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to extend the term of the Agreement.
C. The parties desire to enter into this Amendment No. Two, to extend the term of the
Agreement to March 23, 2025 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 23, 2025, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: ""City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Two Hundred Fifty Thousand Dollars and 00/100
($250,000.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Forty Thousand Dollars and 00/100 ($140,000.00).
RED HAWK SERVICES, INC. Page 1 4-7
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
RED HAWK SERVICES, INC. Page 2 4-8
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 9i.2
By: "jtW_ (i 6 (
g.it�on
C. Harp
y Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
zhs/Zs we Noah Blom
Mayor
CONTRACTOR: RED HAWK SERVICES,
INC., a California corporation
Date:
By:
Leilani I. Brown Scott A. Moore
City Clerk Chief Executive Officer
Date:
By:
Jacob R. Moore
Secretary
[END OF SIGNATURES]
RED HAWK SERVICES, INC. Page 3 4-9