AGENDA REPORT
Meeting Date: January 3, 2023
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Subject: AWARD OF A CONTRACT TO BALFOUR BEATTY
CONSTRUCTION, LLC, FOR THE SHELL AND CORE
IMPROVEMENTS PROJECT AT 430 N. CAMDEN DRIVE
PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE
NOT-TO-EXCEED AMOUNT OF $3,335,000; AND
APPROVAL OF PLANS THEREFOR WITH RESPECT TO DESIGN
CRITERIA; AND
FIND THE PROJECT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
Attachment: 1. Contract
RECOMMENDATION
Staff recommends City Council move to:
1. Approve the award of a contract to the lowest responsible bidder, Balfour Beatty Construction, LLC, Inc. for the Shell and Core Improvements Project at 430 N.
Camden Drive in the amount of $2,900,000; and
2. Approve a construction contingency in the amount of $435,000 (15%); and
3. Approve the plans 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 $3,335,000; and
5. Find the project exempt from the California Environmental Quality Act (CEQA)
BEVERLY
HILLS
.�
E-15
Meeting Date: January 3, 2023
INTRODUCTION
The City owns several properties leased to commercial tenants. As leases terminate and a tenant space turns over, the City performs various upgrades to individual spaces to assist with marketing efforts or to deliver the premises in a condition as stipulated in a lease agreement. Under Tenant Improvement Program, CIP #00349, funds have been earmarked for landlord improvement costs associated with upcoming turnover of tenant spaces expected during each fiscal year. Fiscal Year 2022/23 has identified shell and infrastructure to be upgraded at the 430 N. Camden tenant space in preparation for the future restaurant tenant Maera, to perform its tenant improvements. DISCUSSION Landlord improvements are based on a building assessment performed in 2021 and include selective interior demolition work, upgrades to base building mechanical, electrical and plumbing systems, as well as fire /life /safety upgrades. The City will also improve the ground floor facade and replace the existing storefront system with one that is more consistent with the building’s architectural style.
Design and construction documents were prepared by Kaplan Chen Kaplan Architects.
On October 6, 2022, through advertisements on PlanetBids and local papers, contractors were invited to submit their qualifications to be considered for bidding on the project. On October 20, three (3) packages were received and after careful review of submitted documents, two (2) contractors were pre-qualified to submit bids for the Shell and Core Improvement project at 430 N. Camden Drive, as follows: Balfour Beatty Construction, LLC ITX Construction, Inc.
On November 9, 2022, two bids were received. The Bid results are as follows:
Basis of Selection
Balfour Beatty Construction, LLC ITX Construction, Inc.
Base Bid $ 2,900,000 $ 3,459,646
Add Alternate #1 $ 190,000 $ 228,670
20 days delay $ 20 $ 60,760
Basis of Selection Total $ 3,090,020 $ 3,749,076
Balfour Beatty Construction, LLC
Base Bid $ 2,900,000
15% Contingency: $ 435,000
TOTAL: $3,335,000
There is an alternate additive cost included in the bid documents for Fiber Reinforced Polymer (FRP) application at parking levels above the ground floor to strengthen the existing shear walls. The bid documents specify that the low bid is determined by the sum of the base bid, all alternates and the compensable delay cost for twenty days.
After review of the bids, staff has determined that Balfour Beatty Construction, LLC is the lowest responsible bidder by submitting a responsive bid and, as reported by the State Contractors Licensing Board, maintains a license that is current and in good standing.
Meeting Date: January 3, 2023
To meet the budget staff recommends deferring application of the FRP panels in the parking structures to a later phase. A contingency of $435,000, 15% of the contract amount, is recommended for changes due to unforeseen conditions in order to successfully complete the work. Expenditures from the contingency are 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 165 calendar days from the date of the notice to proceed, resulting in an estimated completion in early July. Environmental Review
Approval of Selective Shell and Core Improvements at 430 North Camden Drive 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. Approval of the Shell and Core Improvements project at 430 North Camden Drive appears eligible for a class 1 exemption from CEQA pursuant to the following:
a) The improvements are exempt from CEQA pursuant to the ‘Existing Facilities’ Section 15301 of Title 14 of the California Code of Regulations because the work involves modifications to an existing facility with no expansion of use within the footprint of the building. Based on the foregoing, staff recommends City Council find the project exempt from CEQA pursuant to CEQA Guidelines Section 15301 for Existing Facilities.
FISCAL IMPACT
Funding for this work is budgeted in Fund 810, Capital Improvements Projects No. 00349 Tenant Improvement Program, which currently has $3,529,441 available in the CIP budget. No additional funding is requested at this time.
Shana Epstein, Director of Public Works
Approved By
Attachment 1
1 CONTRACT
Amendment No. 1
CITY OF BEVERLY HILLS
CONTRACT FOR
THE TENANT SPACE SHELL AND CORE IMPROVEMENTS PROJECT
AT
430 N. CAMDEN DRIVE
THIS CONTRACT (“Contract”) is made and entered this 3 day of January 3, 2023 (“Effective Date”), by and between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”) and Balfour Beatty Construction, LLC (“Contractor”). Contractor’s license number is 979126.
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 THE TENANT SPACE SHELL AND CORE IMPROVEMENTS PROJECT 430 N. CAMDEN DRIVE (“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 Million, Nine HundredThousand Dollars ($2,900,000) 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 NANCY HUNT-COFFEY
City Attorney City Manager
By:
SHANA EPSTEIN
Director of Public Works
3 By: ____________________________________
MANDANA MOTAHARI
City Architect
By:
SHARON L'HEUREUX DRESSEL
Risk Manager