AGENDA REPORT
Meeting Date: November 15, 2022
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Ji Kim, Associate Project Manager
Subject: AWARD OF A CONTRACT TO ECO BUILD, INC. FOR THE LA
CIENEGA COMMUNITY CENTER RESTROOMS IMPROVEMENT
PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN
THE NOT-TO-EXCEED AMOUNT OF $216,011.00; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR
WITH RESPECT TO DESIGN CRITERIA; AND
PURSUANT TO THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), THE CITY COUNCIL
WILL ALSO CONSIDER FINDING THE PROJECT EXEMPT
FROM FURTHER REVIEW UNDER CEQA
Attachments: 1. Contract
RECOMMENDATION
Staff recommends that City Council move to:
1. Approve the award of a contract to the lowest responsible bidder Eco Build, Inc. for the La Cienega Community Center Restrooms Improvement project in the amount of $196,373.00; and
2. Approve a construction contingency in the amount of $19,638 (10%); and
3. Approve a purchase order in the not-to-exceed amount of $216,011.00; and •
BEVERLY
HILLS
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Meeting Date: November 15, 2022
4. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria; and
5. Consider finding the project exempt from the California Environmental Quality Act.
INTRODUCTION
The La Cienega Community Center was originally constructed in 1980. For over 40 years, existing restrooms have had no significant improvements since originally built.
Many of the restroom fixtures and finishes have reached their life expectancy. Under the Fiscal Year 2022/23 Capital Improvement Program (CIP), Park Facilities Renovation – La Cienega Park has been identified to address the aging condition of the La Cienega Community Center. DISCUSSION
The City engaged the services of Kaplan Chan Kaplan architects to prepare plans and specifications for La Cienega Community Center Restrooms Improvement project.
To address the aging condition of the restrooms, the improvements include replacing existing toilet partitions, countertops, sinks, faucets, washrooms accessories, floor tiles, ceiling tiles and lighting as well as repairing and refinishing wall finishes. Proposed energy efficient LED light fixtures will replace existing fluorescent light fixtures. The project will also improve compliance with current ADA requirements.
On October 6, 2022, the bid documents were issued to contractors on the City’s list of pre-qualified general contractors.
On October 11, 2022, four contractors attended the mandatory pre-bid job walk.
On October 27, 2022, two bids were received. The bid documents include four prioritized alternates to control cost as follows: Alternate #1: Provide an additive-alternate to remove existing and install new countertop, sinks and faucets with supporting framing. Alternate #2: Provide an additive-alternate to remove existing fixtures and install new fixtures as delineated on the drawings. Alternate #3: Provide an additive-alternate to remove and install a new drinking fountain. Alternate #4: Provide an alternate (deductive or additive) cost for floor mount partitions at men’s restroom.
Meeting Date: November 15, 2022
Basis of Selection
The bid document specifies that the low bid is determined by the sum of the base bid, plus all the alternates, plus the amount of per diem for compensable delay cost for twenty (20) days.
Concept
Consultants Eco Build
Base bid $ 144,031.50 $ 184,447.00
Additive alt #1 $ 49,320.90 $ 19,800.00
Additive alt #2 $ 40,558.05 $ 11,926.00
Additive alt #3 $ 8,005.50 $ 4,926.00
Additive alt #4 $ (675.00) $ 0.00
20 days delay $ 3,600.00 $ 0.00
Basis of Selection Total $ 244,840.96 $ 221,099.00
After review of the bids, staff has determined Eco Build 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, Eco Build has performed similar work for the City in the past and has successfully completed projects of similar scope. Therefore, staff recommends City Council approve an agreement with Eco Build for this work.
Due to the higher than expected costs for Alternates 1 and 3, staff is not recommending going forward with these alternates.
A contingency of $19,638.00, 10% 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.
Base Bid $ 184,447.00
$ 0
Additive Alternate #2 $ 11,926.00
Additive Alternate #4 $ 0
Subtotal $ 196,373.00
10% Contingency $ 19,638.00
Total $ 216,011.00
Meeting Date: November 15, 2022
Staff utilized the informal bidding process outlined in Public Contract Code section 22034 for projects costing $200,000 or less.
The bid documents specify that all work under the contract shall be completed within 90 calendar days from the date of the notice to proceed, resulting in an estimated completion of approximately end of March of 2023.
ENVIRONMENTAL REVIEW
Approval of the La Cienega Community Center Restrooms Improvement project was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the environmental regulations of the City. Staff believes the approval of the proposed improvements is exempt from CEQA pursuant to the ‘Existing Facilities’ Section 15301 of Title 14 of the California Code of Regulations because the work which involves no expansion of use within the existing La Cienega Community Center facility. Based on the foregoing, staff recommends City Council find that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15301 Existing Facilities.
FISCAL IMPACT
The $216,011 for La Cienega Community Center Restrooms Improvement project is available as part of Fund 160, Capital Improvement Project No. 00343, Park Facilities Renovation – La Cienega Park. No additional funding is requested at this time.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
1 CONTRACT
CITY OF BEVERLY HILLS
CONTRACT FOR
LA CIENEGA COMMUNITY CENTER RESTROOMS IMPROVEMENT PROJECT THIS CONTRACT (“Contract”) is made and entered this ________ day of _____________, 20___ (“Effective Date”), by and between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”) and Eco Build, Inc. (“Contractor”). Contractor’s license number is 1008179.
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 LA CIENEGA COMMUNITY CENTER RESTROOMS IMPROVEMENT 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 Ninety Six, Three Hundred Seventy Three Dollars ($196,373.00) 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 2 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
By: ____________________________________
MANDANA MOTAHARI
City Architect
By:
SHARON L'HEUREUX DRESSEL
Risk Manager