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 BEST CONTRACTING, INC. FOR
THE LIBRARY ROOFING REPAIR AND PARTIAL
REPLACEMENT PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN
THE NOT-TO-EXCEED AMOUNT OF $119,675; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR
WITH RESPECT TO DESIGN CRITERIA
Attachments: 1. Contract
RECOMMENDATION
Staff recommends that City Council move to:
1. Approve the award of a contract to Best Contracting, Inc., for the Library Roofing Repair and Partial Replacement project in the amount of $108,796; and
2. Approve a construction contingency in the amount of $10,879 (10%); and
3. Approve a purchase order in the not-to-exceed amount of $119,675; and
4. Approve the plans as detailed in the bid documents, which are adopted and approved with respect to design criteria.
INTRODUCTION
The Library was constructed in 1989-90. In September of 2009, the original roofing was replaced with a new energy efficient, single ply roofing system. Over the past few winters, a number of leaks have occurred in the building. The proposed contract will address partial replacement and repairs to prevent further water intrusion at the building. •
BEVERLY
HILLS
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Meeting Date: November 15, 2022
DISCUSSION
The City engaged the services of Accurate IR to conduct a thermal infrared roof survey to better identify the on-roof moisture levels and locations. The report indicated the roof to be in fair condition with a few isolated areas of moisture trapped beneath or within the roofing system. Staff contacted the roofing manufacturer, Sika Sarnafil’s technical division, to prepare scope of work, specifications and details for the Library Roofing Repair and Partial Replacement project.
On October 11, 2022, the bid documents were issued to six companies on the City’s list of pre-qualified roofing contractors. Three contractors attended the mandatory pre-bid job walk on October 14, 2022.
On October 27, 2022, only one bid was received and the bid result is as follows:
Best Contracting. Inc.
Base bid $ 108,796
20 days delay $ 30,000
Basis of Selection Total $ 138,796
Since only one bid was received, staff contacted the contractors who had failed to submit a bid to seek the reason and learned that contractors had too many commitments and project scope was too small. As a method of best practice to prevent further water damage, staff recommends City Council approve an agreement with Best Contracting, Inc. for this work. Best Contracting has performed similar work for the City in the past and has successfully completed each project on time and within the budget. Best Contracting, as reported by the State Contractors Licensing Board, maintains a license that is current and in good standing.
A contingency of $10,879.00, 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 $ 108,796
10% Contingency $ 10,879
Total $ 119,675
The bid documents specify that all work under the contract shall be completed within 45 calendar days from the date of the notice to proceed, resulting in an estimated completion of approximately end of January of 2023.
Meeting Date: November 15, 2022
FISCAL IMPACT
The $119,675 for Library Roofing Repair and Partial Replacement project is available as part of Fund 405, Capital Improvement Project No. 00838, Library Facility Maintenance and Improvement. 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
LIBRARY ROOFING REPAIR 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 Best Contracting Services, Inc. (“Contractor”). Contractor’s license number is 456263.
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 LIBRARY ROOFING REPAIR 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 Eight, Seven Hundred Ninty Six Dollars ($108,796.00) 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