AGENDA REPORT
Meeting Date: March 21, 2023
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Subject: AWARD OF A CONTRACT TO THE LOWEST RESPONSIBLE
BIDDER, PLUMBING BY TODD R. MARSH, INC. DBA TRM
SERVICES, FOR THIRD STREET TOUR BUS RESTROOM
SEWER LINE UPGRADE; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN
THE NOT-TO-EXCEED AMOUNT OF $141,352; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR
WITH RESPECT TO DESIGN CRITERIA
1. Contract
RECOMMENDATION
Staff recommends that City Council move to:
1. Approve the award of a contract to the lowest responsible bidder, Plumbing by Todd R. Marsh, Inc. dba TRM Services, for the Third Street Tour Bus Restroom Sewer Line Improvements in the amount of $122,915; and
2. Approve a construction contingency in the amount of $18,437 (approx. 15%); and
3. Approve a purchase order to Plumbing by Todd R. Marsh, Inc. dba TRM Services, in the not-to-exceed amount of $141,352; and
4. Consider finding the project exempt from the California Environmental Quality Act; and
5. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria.
BEVERLY
HILLS
-�
E-12
Meeting Date: March 21, 2023
INTRODUCTION
The Improvements to the Third Street Tour Bus Staging/Loading area were completed in 2018. The project included construction of a new public restroom at the southeast corner of Civic Center Drive and 3RD Street to serve the tourists and patrons attending the City’s Sunday Farmers Market. This restroom facility is heavily used and in recent years staff has noticed disposal of bulky items into the waste line resulting in many backups and sewer line overflows. As a result, upgrades to the sewer line, including installation of an industrial grinder, is necessary to alleviate backups and waste line overflows.
DISCUSSION
Drawings and specifications were prepared by the engineering firm of SPEC Engineering Group for a new grinder and the sewer line upgrade. The scope of work includes furnishing and installing an industrial grade grinder in line with the existing waste line, and as an additive alternate cost, to disconnect the waste line at the point of connection to the existing waste line and run an independent 4-inch waste line parallel to the existing line and connect to the main sewer lateral line in the service access driveway located on the south side of the Public Works Warehouse Building. The scope also includes electrical and paving work.
The project was issued for informal bidding in accordance with the Public Contract Code Section 22034 and was posted on PlanetBids to contractors on the City’s list of prequalified general contractors.
On February 16, 2023, three contractors attended the mandatory pre-bid job walk.
On March 6, 2023, two bids were received.
Basis of Selection
The bid documents specify 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.
Horn’s Backflow &
Plumbing Service
Plumbing by Todd R.
Marsh, Inc. dba TRM
Services
Base bid $101,150.00 $122,915.00
Additive alt #1 $ 11,496.44 $119,000.00
20 days delay $ 0.00 $ 5,000.00
Basis of Selection
Total $212,646.44 $246,915.00
After review of the bids, the apparent low bidder Horn’s Backflow & Plumbing Service is not a responsible bidder because they did not submit a responsive bid by failing to list their electrical subcontractor on the mandatory ‘Designation of Subcontractors’ form per Public Contract Code section 4104 requirements. Furthermore, their team’s electrical contractor is not registered with the Department of Industrial Relations. As a result, staff has determined that Plumbing by Todd R. Marsh, Inc. dba TRM Services (TRM Services) is the responsible bidder, has submitted a responsive bid, and as reported by Meeting Date: March 21, 2023
the State Contractors Licensing Board, maintains a license that is current and in good standing and has successfully completed projects of similar scope. Therefore, staff recommends City Council approve an agreement with TRM Services, for this work.
In the best interest of the City, staff does not recommend accepting Alternate #1 since the cost is excessive and this improvement can be deferred to a future year when the costs are more competitive.
A contingency of $18,437 (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.
Base Bid $ 122,915
15% Contingency $ 18,437
Total $ 141,352
The bid documents specify that all work under the contract shall be completed within 35 calendar days from the date of the notice to proceed, resulting in an estimated completion of approximately June of 2023.
ENVIRONMENTAL REVIEW
Approval of the Third Street Tour Bus Restroom Sewer Line Improvements 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 Project is exempt from CEQA pursuant to ‘New Construction of Small Structures,’ Section 15303 of Title 14 of the California Code of Regulations because the Structure is an accessory small structure within the prescribed limits, have available all necessary public services and it is not located in an environmentally sensitive area.” Based on the foregoing, staff recommends City Council find that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15331.
FISCAL IMPACT
The $141,352 for Third Street Tour Bus Restroom Sewer Line Improvements is available as part of Fund 405, Capital Improvement Project No. 00811, Major Building Systems Maintenance and Replacement. 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
THIRD STREET TOUR BUS RESTROOM SEWER LINE UPGRADE
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 Plumbing by Todd R. Marsh, Inc., dba TRM Services (“Contractor”). Contractor’s license number is 536475.
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 THIRD STREET TOUR BUS RESTROOM SEWER LINE UPGRADE (“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 One, Seventy Dollars ($122,915.00) 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 NANCY HUNT-COFFEY
City Attorney City Manager
By:
SHANA EPSTEIN
Director of Public Works
By: ____________________________________
MANDANA MOTAHARI
City Architect
By:
SHARON L'HEUREUX DRESSEL
Risk Manager