AGENDA REPORT
Meeting Date: February 15, 2022
Item Number:
To:
D-11
Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Eli Benitez, Associate Project Manager
Subject: AWARD OF A CONTRACT TO J.A. URBAN, INC., FOR MINOR STRUCTURAL AND FACADE REPAIRS AT 9510 BRIGHTON
WAY PARKING GARAGE PROJECT; AND
APPROVAL OF A PURCHASE ORDER IN THE NOT-TO-EXCEED
AMOUNT OF $241,019; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR
WITH RESPECT TO DESIGN CRITERIA
Attachments: 1. Contract
RECOMMENDATION
1. Staff recommends that City Council move to approve the award of a contract to the lowest responsible bidder, J.A. Urban, Inc., for Minor Structural and Façade Repairs at 9510 Brighton Way Parking Structure in the amount of $209,582; and
2. Approve a construction contingency in the amount of $31,437 (15%); and
3. Approve a purchase order in the not-to-exceed amount of $241,019; and
4. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria.
INTRODUCTION
The Fiscal Year 2021/22 Capital Improvement Program includes funding for unplanned construction projects on City buildings. The unplanned construction will cover necessary
BEVERLY
HILLS
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Meeting Date: February 15, 2022
repairs of the building façade and building structure damaged due to a vehicular accident at Brighton Way Parking Structure. DISCUSSION
On October 22, 2021, an accident was reported of a vehicle crashing into the North wall on Level 4 of the parking structure at 9510 Brighton Way. The crash caused façade and minor structural damage. The Building and Safety and Fire Departments inspected the structure the day of the accident and determined that the building was safe to maintain open for normal operations. The structural engineering firm of Brandow & Johnston was engaged to evaluate damages sustained to the structure and after review of conditions they determined that the damages were minor and do not pose any serious structural implications. Public Works is working with Risk Management to file a subrogation claim with the responsible party’s insurance carrier. Brandow & Johnston prepared a report of findings and repair recommendations.
Construction documents for the repair of structure and damaged building façade were prepared and distributed via Planet Bids to prequalified contractors on the City’s list through an informal bidding process permitted by Section 22032 of the Public Contract Code.
On January 6, 2022, two bids were received as follows:
20 days Basis of Selection
Bidder Base Bid compensated delays Total
J.A. Urban, Inc. $209,582 $ 20,940 $230,522
2H Construction, Inc. $320,090 $ 21,600 $341,690
Selected Bid
Base Bid $ 209,582
15% Contingency: $ 31,437
TOTAL: $ 241,019
The bid documents specify that the low bid is determined by the sum of the base bid and the compensable delay cost for twenty days. The bids were reviewed and the lowest responsible bidder is J.A. Urban, Inc. The contractor submitted a responsive bid and, as reported by the State Contractors Licensing Board, maintains a license that is current and in good standing. Review of the firm’s references indicates that it has successfully executed similar work and is qualified to complete this project. A contingency of $31,437, 15% of the contract amount, is recommended for changes due to unforeseen conditions in order to successfully complete the work. Expenditures from the contingency will be made utilizing the Change Order process in the Beverly Hills Municipal Code upon adequate written justification and substantiation.
The estimated time to complete this work is 60 calendar days from the date specified in the notice to proceed, resulting in an estimated completion of approximately April 2022.
Meeting Date: February 15, 2022
FISCAL IMPACT
The $241,019 for the project is available as part of Fund 810 Capital Improvement Program (CIP 00815), Miscellaneous and Unplanned Construction Projects. No additional funding is requested at this time. Once the insurance settlement has been completed, the collected cost of damages will be credited back to the funding source.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
CONTRACT
CITY OF BEVERLY HILLS
CONTRACT FOR
MINOR STRUCTURAL AND FAÇADE REPAIRS AT 9510 BRIGHTON WAY
PARKING GARAGE PROJECT
THIS CONTRACT (“Contract”) is made and entered this 15th day of February, 2022 (“Effective Date”), by and between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”) and J.A. Urban, Inc. (“Contractor”). Contractor’s license number is 1034729.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference. In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Minor Structural and Façade Repairs at 9510 Brighton Way parking Structure Project (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Two Hundred Nine Thousand, Five Hundred Eighty Two dollars ($209,582) in accordance with the prices as submitted in Contractor’s Proposal, attached hereto and incorporated herein by this reference.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that this Project is a public work to which prevailing wages apply. The provisions of Section 7.A of the General Provisions shall apply and are mandatory for this Project.
7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to under take self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Contract.
11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BEVERLY HILLS
By:
. ROBERT WUNDERLICH, Mayor
ATTEST:
By: (“CONTRACTOR”)
HUMA AHMED, City Clerk By:
Dated: Printed Name:
Title: . By:
Printed Name:
Title:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
By: By:
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
By:
SHANA EPSTEIN
Director of Public Works
By:
MANDANA MOTAHARI
City Architect
By:
SHARON L’HEUREUX DRESSEL
Risk Manager