AGENDA REPORT
Meeting Date: September 19, 20223
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Ji Kim, Associate Project Manager
Subject: AWARD OF A CONTRACT TO COURTNEY, INC., FOR 331 FOOTHILL ROAD OVERHANGS WATERPROOFING PROJECT;
AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN
THE NOT-TO-EXCEED AMOUNT OF $219,450.00; 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 the lowest responsible bidder Courtney, Inc. for the 331 Foothill Road Overhangs Waterproofing Project in the amount of $199,500.00; and
2. Approve a construction contingency in the amount of $19,950.00 (10%); and
3. Approve a purchase order to Courtney, Inc., in the not-to-exceed amount of $219,450.00; and
4. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria.
INTRODUCTION
331 Foothill Road building is a four (4) story building with commercial tenant spaces.
Built in 2008, the building features several overhangs coated with fluid applied elastomeric deck coating. Over the past winter with heavy rainfalls, various leaks have occurred in the building. After investigation, the upper-level overhangs were identified as Meeting Date: September 19, 2023
the source of water intrusion. Existing deck coating has deteriorated and needs to be replaced. The proposed contract scope of work will remove the failing coating system and replace with new cold-fluid-applied polyurethane roofing/waterproofing system to prevent further water intrusion at the building. The selected waterproof coating system is a superior system and has proven to be a reliable system.
DISCUSSION
Staff contacted the waterproofing manufacturer, Sika Sarnafil’s technical division, to prepare the scope of work, specifications, and details for the 331 Foothill Road Overhangs Waterproofing Project.
On August 14, 2023, bid documents were posted on PlanetBids for informal bidding in accordance with the Public Contract Code Section 22034 to six contractors on the City’s list of prequalified roofing contractors. On August 25, 2023, two contractors attended the mandatory site walk.
The bid documents include one (1) unit price as follows:
Unit Price #1: Base bid shall include the as needed replacement of 120 linear feet of metal sheet flashing to match existing per Detail 1/D-1.0. Provide unit cost per 10 linear feet of as-needed additional metal sheet flashing to be replaced.
On September 7, 2023, two bids were received, and the bid results are as follows:
Basis of Selection
The bid documents specify that the low bid is determined by the sum of the base bid and the compensable delay cost for twenty days.
Courtney, Inc. Danny Letner, Inc.
Base bid $ 199,500.00 $ 215,000.00
20 Day Delay $ 5,000.00 $ 70,000.00
Basis of Selection Total $ 204,500.00 $ 285,000.00
After review of the bids, staff determined Courtney, Inc. is the lowest responsible bidder and has submitted a responsive bid. Staff recommends City Council approve an agreement with Courtney, Inc., for this work. Courtney, Inc., as reported by the State Contractors Licensing Board, maintains a license that is current and in good standing.
A contingency of $19,950.00, 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.
Selected Bid
Base Bid $ 199,500.00
10% Contingency $ 19,950.00
Total $ 219,450.00
Meeting Date: September 19, 2023
The bid documents specify that all work under the contract shall be completed within 30 calendar days from the date of the notice to proceed, resulting in an estimated completion of approximately end of November 2023.
FISCAL IMPACT
The $219,450.00 for 331 Foothill Road Building Overhangs Waterproofing Project is available as part of Fund 405, Capital Improvement Project No. 00833 Building Envelope Improvements on City Structures. 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
331 FOOTHILL ROAD OVERHANGS WATERPROOFING 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 Courtney, Inc. (“Contractor”). Contractor’s license number is 699236.
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 331 FOOTHILL ROAD OVERHANGS WATERPROOFING 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 Ninty Nine, Five Hundred Dollars ($199,500.00) 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 he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind 2 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:
JULIAN A. GOLD, M.D., 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 E. EPSTEIN
Director of Public Works
By: ____________________________________
MANDANA MOTAHARI
City Architect
By:
SHARON L'HEUREUX DRESSEL
Risk Manager