AGENDA REPORT
Meeting Date: June 21, 2022
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Captain Elisabeth Albanese, Police Department
Martin Nunes, Associate Project Manager
Subject:
Attachments:
AWARD OF A CONTRACT TO BBS CONSTRUCTION, FOR
THE POLICE FACILITY ROLL-CALL ROOM IMPROVEMENTS
PROJECTS; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN
THE NOT-TO-EXCEED AMOUNT OF $175,000 AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR
WITH RESPECT TO DESIGN CRITERIA; AND
REQUEST TO APPROVE THE CHARITABLE PLEDGE
AGREEMENT WITH THE MARILYN AND JEFFREY
KATZENBERG FOUNDATION FOR THE RENOVATION OF
THE POLICE DEPARTMENT’S ROLL-CALL ROOM; AND
ACCEPTANCE OF THE DONATION FROM THE MARILYN AND
JEFFREY KATZENBERG FOUNDATION FOR NOT-TO- EXCEED AMOUNT OF $175,000 FOR THE RENOVATION OF THE POLICE DEPARTMENT’S ROLL-CALL ROOM PROJECT;
AND
AUTHORIZE A CAPITAL ASSET FUND APPROPRIATION OF
$175,000 FROM THE CAPITAL ASSETS FUND
1. Contractor’s Contract
2. Charitable Pledge Agreement
RECOMMENDATION
Staff recommends that City Council move to:
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BEVERLY
HILLS
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Meeting Date: June 21, 2022
1. Approve the award of a contract to the lowest responsible bidder, BBS Construction, for improvements to the roll-call room at the Police Department in the amount of $165,636; and
2. Approve a construction contingency in the amount of $9,364; and
3. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria; and
4. Approve a purchase order in the not-to-exceed amount of $175,000; and
5. Approve the charitable pledge agreement with The Marilyn and Jeffrey Katzenberg Foundation for the donation of $165,636 for the project, as well as an up to $9,364 donation as a contingency for unforeseen work; and
6. Authorize an appropriation to the Capital Assets Fund into CIP 00933 Police Facility Upgrades.
INTRODUCTION
The Beverly Hills Police Department building was originally constructed in 1990. There exists a growing need to increase functionality of the Department’s space and incrementally improve areas of the building that are much in need of revitalization. As such, several projects have been identified and prioritized for implementation. The Women’s Locker Room, Kit Room, Weapons Storage, K-9 Office and Administration Conference Room were the first of a series of high-priority projects and have been completed in the past two years; next on the list is the Roll-Call Room improvements.
DISCUSSION
Located within the secure areas on the first floor of the Police Department, the Roll-Call room is a multi-purpose space that is primarily used to conduct a roll-call at the start of a shift. Supervisors take attendance of these meetings and communicate pertinent information to officers disseminated from the station’s command. The space is also used for meetings, seminars and as a training room. It is one of the central gathering spaces for police personnel and is in many ways a forum to reflect on the core values of the Beverly Hills Police Department.
The City has received the attached pledge agreement from The Marilyn and Jeffrey Katzenberg Foundation to fund the construction of this project. Plans and specifications have been developed to address aging interior finishes and lighting and with an adjacent unused alcove available, the improvements will bring a brighter, modernized and refreshed design that incorporates a full-wall graphics of the Beverly Hills Sign and Lily Pond as well as a small library niche with seating for the storage and display of books, artifacts and the police emblem. All light fixtures and room finishes including ceiling, walls and flooring will be replaced.
With these improvements, the roll-call room will be part of a series of projects to address important functional enhancements to the building.
Seven General Contractors on the City’s list of pre-qualified contractors were invited to bid on this project. Five of those companies obtained bid documents and attended the mandatory pre-bid job walk on May 19, 2022. On June 2, 2022, four bids were received as follows:
Meeting Date: June 21, 2022
Vendors BBS JA Urban Ecobuild 2H
Construction
Base Bid $165,636.00 $187,641.00 169,006.00 167,317.02
20 days delay $0 $9,700.00 $8,000.00 $12,800.00
Basis of
Selection $165,636.00 $197,341.00 $177,006.00 180,117.02 There were no alternates specified for this project.
The bid documents specify that the low bid is determined by the sum of the base bid, alternates and the compensable delay cost for twenty days. After review of the bids, staff has determined that BBS Construction is the lowest responsible bidder and has submitted a responsive bid and, as reported by the State Contractors Licensing Board, maintains a license that is current and in good standing. Furthermore, BBS Construction has successfully been prequalified for the Work and has performed similar work for the City in the past; therefore, staff recommends City Council approve an agreement with BBS Construction for this work and approve the charitable pledge agreement with The Marilyn and Jeffrey Katzenberg Foundation for construction and funding of this project.
A contingency of $9,364 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 bid documents specify that all work under the contract shall be completed within forty-five (45) calendar days from the date of the notice to proceed, resulting in an estimated completion of approximately mid-September 2022.
FISCAL IMPACT
The not-to-exceed amount of $175,000 charitable pledge will cover the cost of construction and contingency for this project and a capital assets fund appropriation of $175,000 from the Capital Assets Fund to CIP 00933 Police Facility Upgrades is requested. Should the costs exceed the pledged maximum of $175,000, there are sufficient funds available in this CIP to cover minimal project overages.
Jeff S. Muir
Director of Finance
Shana Epstein,
Director of Public Works
Approved By Approved By
Attachment 1
1 CONTRACT
CITY OF BEVERLY HILLS
CONTRACT FOR
POLICE FACILITY ROLL-CALL ROOM IMPROVEMENTS PROJECT
THIS CONTRACT (“Contract”) is made and entered this 21 day of June, 2022 (“Effective Date”), by and between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”) and BBS Construction, Inc. (“Contractor”). Contractor’s license number is 839266.
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 POLICE FACILITY ROLL-CALL ROOM IMPROVEMENTS 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 One Hundred Sixty Five Thousand, Six Hundred Thirty Six Dollars ($165,636) 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. 2 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:
LILI BOSSE, Mayor
ATTEST:
By:
HUMA AHMED
City Clerk
Dated:
(“CONTRACTOR”)
By:
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
3 By: ____________________________________
MANDANA MOTAHARI
City Architect
By:
SHARON L'HEUREUX DRESSEL
Risk Manager
Attachment 2
CHARITABLE PLEDGE AGREEMENT
This CHARITABLE PLEDGE AGREEMENT (the "Agreement") is entered into between The Marilyn and Jeffrey Katzenberg Foundation, a California nonprofit public benefit corporation (the "Foundation"), and the City of Beverly Hills, California, a municipal corporation (the "City"), in reference to the following facts:
WHEREAS, the City's Police Department has a need to renovate and update the Police Roll Call Room; and
WHEREAS, the Foundation desires to make a charitable donation to the City in the amount of One Hundred Sixty-Five Thousand Six Hundred Thirty Six Dollars ($165,636) to be used to fund the renovation of the Police Department's Roll Call Room (the "Project"), on the terms and subject to the conditions set forth in this Agreement. The Foundation has also pledged a contingency of up to Nine Thousand Three Hundred Sixty Four Dollars ($9,364) should the cost of the Project exceed One Hundred Sixty-Five Thousand Six Hundred Thirty Six Dollars ($165,636).
NOW, THEREFORE, in consideration of the mutual promises of the parties as set forth herein, the parties hereto agree as follows:
I. Pledge. Subject to the terms and conditions set forth in this Agreement, the Foundation hereby agrees to donate One Hundred Sixty-Five Thousand Six Hundred Thirty Six Dollars ($165,636) to the City to fund the Project (the "Pledge"), with a contingency pledge of an amount not to exceed Nine Thousand Three Hundred Sixty Four Dollars ($9,364) if additional funds are required for completion of the Project (the "Contingency Pledge"). The Pledge shall be paid to the City in one ( 1) installment to be paid on or before August 1, 2022. The Contingency Pledge shall be paid to the City within sixty (60) days of the Foundation's receipt of the City's written request and upon proof that additional funds are required for completion of the Project.
2. Use of Pledge. The Pledge shall be used to fund and support the Project. The Project overview is attached hereto as Exhibit A and incorporated herein by this reference.
3. Representations and Warranties of the City. The City represents and warrants as follows:
a. Authority. Prior to signing this Agreement, the City shall have obtained all required authority from its governing body to enter into this Agreement and each of the officers and representatives of the City executing this Agreement on the City's behalf shall be duly empowered and authorized to do so. b. No Violation. The execution, delivery and performance by the City of this Agreement will not violate the City's organizational and governing documents or the terms of any provision of any agreement or instrument which is binding upon the City or any law to which the City is subject. -1-
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c. Tax Status. The City is exempt from income taxes as a governmental entity and political subdivision of the State of California pursuant to Section 115 of the Internal Revenue Code. The parties believe that the Pledge and the Contingency Pledge, if required, each qualifies as a charitable contribution to a political subdivision of the State of California which will be used exclusively for public purposes as required under section 170( c )( l) of the Internal Revenue Code ("IRC"). Notwithstanding the above, the Foundation acknowledges that it is the Internal Revenue Service that determines the applicability of the IRC to this charitable contribution.
4. Indemnification. The City shall indemnify and hold harmless the Foundation, and its successors, assigns, and representatives, from and against any and all losses, claims, demands, costs, damages, liabilities, expenses of any nature (including sales and use taxes, if any, and reasonable attorneys' fees ( at market rates) and disbursements), judgments, fines, settlements and other amounts (collectively the "Losses") arising from any and all claims, demands, actions, suits or proceedings, whether civil, criminal, administrative or investigative, that may arise or which relate to or arise from this Agreement, the Pledge, the Contingency Pledge or the breach of any of the City's representations, warranties or covenants set forth in this Agreement, except to the extent such Losses are caused by the negligent or wrongful actions of the Foundation (collectively the "Claims"). The foregoing obligation of the City to indemnify the Foundation shall include the obligation to retain competent and experienced legal counsel, selected by the Foundation, to defend and represent the Foundation and pay any and all attorneys' fees and costs incurred by the Foundation in responding to, answering and defending against any such Claims. The duty of the City to indemnify the Foundation as provided in this Paragraph 4 shall survive the expiration or termination of this Agreement.
5. Termination. The Foundation will have the right through the date on which the Project is completed, in its sole discretion, to immediately terminate this Agreement and demand a refund of all or any unspent portion of the Pledge and/or the Contingency Pledge if: (i) the City ceases for any reason to be exempt from income taxes as an organization described in Section 115 of the Internal Revenue Code; or (ii) the City becomes insolvent or for any reason is unable to meet its financial obligations as they become due.
6. Changed Circumstances. If a change in circumstances has made completion of the Project, as described in this Agreement, impossible or impractical, the City shall apply any unspent portion of the Pledge and/or the Contingency Pledge to support activities that it determines most closely accomplish the Foundation's charitable purposes in making the Pledge and/or the Contingency Pledge.
7. Publicity. Any publicity relating to the Pledge which mentions the Foundation or the City will be subject to prior written approval from the other party.
8. Miscellaneous.
a. Entire Agreement. This Agreement constitutes the entire agreement of the parties hereto and supersedes all prior and contemporaneous agreements, representations and understandings, both written and oral. No other agreements that have been entered into between the parties hereto shall, in any way, effect or alter this Agreement. -2- 80785-000 I \2665530v5.doc 48409-00002/440 I 73 1.3
b. Applicable Law; Venue; Legal Fees. This Agreement and all acts and transactions hereunder and all rights and obligations of each of the City, the Foundation and their respective successors will be governed, construed and interpreted in accordance with the internal laws of the State of California. Any legal proceedings relating directly or indirectly to this Agreement and any acts and transactions hereunder will take place in Los Angeles County, California, and the parties hereto, on behalf of themselves and their respective successors, consent to the jurisdiction of the Federal and State courts located therein. If any legal action or other proceeding is brought for the enforcement of this Agreement, including, but not limited to, the enforcement of the Pledge and/or the Contingency Pledge, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party will be entitled to recover reasonable attorneys' fees ( at market rates) and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
c. Amendment. The terms and provisions of this Agreement may not be waived, altered, modified or amended except in a writing executed by both of the parties hereto. d. Section Headings. Section headings are used herein for convenience only, and shall not be used in any manner to interpret any provision hereof. e. Notices. All notices to be given hereunder will be in writing and will be effective when they are served either personally or by depositing the same in the United States mail, first class postage prepaid, by registered or certified mail addressed as follows:
to Donor: The Marilyn and Jeffrey Katzenberg Foundation 11400 W. Olympic Blvd. Ste. 550
Los Angeles, CA 90064
Email: [email protected] to City: City of Beverly Hills 455 North Rexford Drive
Beverly Hills, CA 90210 Facsimile No.: (310) 274-9571
Attention: City Manager
f. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' respective successors and assigns. g. Further Assurances. The Foundation and the City Manager on behalf of the City agree to do or to cause to be done such further acts and things and to execute and deliver or to cause to be executed and delivered such additional assignments, agreements and instruments as the other party may reasonably request to carry into effect the purposes of this Agreement. -3- 80785-000 I \2665530v5.doc 48409-00002/4401731.3
h. Non-Assignment. The City shall not assign. pledge or otherwise encumber this Agreement or any rights or obligations hereunder without the prior written consent of the Foundation, which consent may be withheld in its sole discretion. i. No Joint Venture. This Agreement is not intended to create, and shall not be construed as creating. any partnership, joint venture or other entity between or including the City and the Foundation.
j. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. but all of which taken together shall constitute one and the same instrument. ...; IN WITNESS WHEREOF. the parties have executed this Agreement as of the J/:,day of J<&ll\,C_ • 2022.
THE MARILYN AND JEFFREY
KATZENBERGFOUN ON
ATTEST: ___________ (SEAL)
HUMAAHMED City Clerk
APPROVED AS TO FORM:
/� ty __
LAURENCE S. WIENER
City Attorney
CITY OF BEYERL Y HILLS. CALIFORNIA LILI BOSSE. Mayor of the City of Beverly Hills. California
APPROVED AS TO CONTENT:
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