AGENDA REPORT
Meeting Date: October 17, 20223
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Ji Kim, Associate Project Manager
Subject: REJECTION OF ALL BIDS RECEIVED FOR RFB 24-350-9 438 N. BEVERLY – 439 N. CAÑON DRIVE TENANT BUILDING
ROOFING REPLACEMENT PROJECT; AND
AWARD OF A CONTRACT FOR RFB 24-350-16 TO THE
LOWEST RESPONSIBLE BIDDER, PACIFIC SINGLE PLY
ROOFING, INC. FOR THE 438 N. BEVERLY – 439 N. CAÑON
DRIVE TENANT BUILDING PARTIAL ROOFING REPLACEMENT
PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN
THE NOT-TO-EXCEED AMOUNT OF $817,870.00; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR
WITH RESPECT TO DESIGN CRITERIA
Attachments: 1. Contract
RECOMMENDATION
Staff recommends that City Council move to reject all the bids received in response to RFB 24-350-9, 438 N. Beverly – 439 N. Cañon Drive Tenant Building Roofing Replacement Project, and approve the subsequent bid received in response to RFB 24- 350-16, 438 N. Beverly – 439 N. Cañon Drive Tenant Building Partial Roofing Replacement Project, as follows:
1. Approve the award of a contract to the lowest responsible bidder, Pacific Single Ply Roofing, Inc. for the 438 N. Beverly – 439 N. Cañon Drive Tenant Building Partial Roofing Replacement Project in the amount of $743,519.00; and
2. Approve a construction contingency in the amount of $74,351.00 (10%); and Meeting Date: October 17, 2023
3. Approve a purchase order in the not-to-exceed amount of $817,870.00; and
4. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria.
INTRODUCTION
438 N. Beverly Drive – 439 N. Cañon Drive is a three-story tenant building over a fourlevel subterranean parking garage with retail use on the ground floor and office use on the second and third floors. The building was constructed in 2003, and the original roofing has not been replaced for 20 years. Over the past few winters, various leaks have occurred in the building, and existing roofing needs to be replaced. The proposed contract will address roofing replacement with a new glass fiber reinforced adhered thermoplastic PVC roofing system. The selected roofing system has been used on several City buildings and has proven to be a reliable and well performing system.
DISCUSSION
Staff contacted the roofing manufacturer, Sika Sarnafil’s technical division, to prepare a scope of work, specifications, and details for the 438 N. Beverly – 439 N. Cañon Drive Tenant Building Roofing Replacement Project.
On August 7, 2023, 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 August 9, 2023. The base scope of work included two lower roofs and one larger upper roof.
The bid documents included two additive alternates as follows:
Alternate #1: Provide an additive alternate cost for roofing replacement of Lower Roof ‘B’ per drawings and technical specifications included in Exhibits ‘A’ & ‘B’ of this package. Acceptance of the alternate will include an additional 10 calendar days to execute the work.
Alternate #2: Provide an additive alternate cost for roofing replacement of overhangs per drawings and technical specifications included in Exhibits ‘A’ & ‘B’ of this package. Acceptance of the alternate will include an additional 10 calendar days to execute the work.
On August 28, 2023, three bids were received as follows.
Pacific Single Ply
Roofing, Inc.
Best Contracting,
Inc. Danny Letner, Inc.
Base Bid $ 1,289,519.00 $ 1,361,969.00 $ 2,290,800.00
Alternate No. 1 $ 348,188.00 $ 370,824.00 $ 434,000.00
Alternate No. 2 $ 207,265.00 $ 230,669.00 $ 190,500.00
20-Day Delay $ $ $ 50,000.00
Basis of Selection Total $ 1,844,972.00 $ 1,963,462.00 $ 2,965,300.00 Meeting Date: October 17, 2023
The bids received were higher than expected. After analyzing the bids and considering that current water intrusion is evident only in the two lower roofs, the project scope was revised to eliminate the upper roof and alternates.
On September 8, 2023, the revised 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 pre-qualified roofing contractors. On September 13, 2023, four (4) contractors attended the mandatory pre-bid site walk.
On September 28, 2023, three 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 20 days.
Pacific Single Ply
Roofing, Inc.
Best Contracting,
Inc. Danny Letner, Inc.
Base Bid $ 743,519.00 $ 790,969.00 $ 998,000.00
20-Day Delay $ 30,000.00 $ $ 50,000.00
Basis of Selection Total $ 773,519.00 $ 790,969.00 $ 1,048,000.00 After reviewing the bids, staff determined Pacific Single Ply Roofing, Inc. is the lowest responsible bidder and has submitted a responsive bid. Staff recommends City Council approve an agreement with Pacific Single Ply Roofing, Inc. for this work. Pacific Single Ply Roofing, Inc. has performed similar work for the City in the past and has successfully completed each project on time and within the budget. Pacific Single Ply Roofing, Inc., as reported by the State Contractors License Board, maintains a license that is current and in good standing.
A contingency of $74,351.00, 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 $ 743,519.00
10% Contingency $ 74,351.00
Total $ 817,870.00
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 the end of December 2023.
Meeting Date: October 17, 2023
FISCAL IMPACT
The $817,870.00 for 438 N. Beverly – 439 N. Cañon Drive Tenant Building Partial Roofing Replacement 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
438 N. BEVERLY – 439 N. CAÑON DRIVE TENANT BUILDING
PARTIAL ROOFING REPLACEMENT 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 Pacific Single Ply Roofing, Inc. (“Contractor”). Contractor’s license number is 769864.
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 438 N. BEVERLY – 439 N. CAÑON DRIVE TENANT BUILDING PARTIAL ROOFING REPLACEMENT 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 Seven Hundred Forty-Three Thousand, Five Hundred Nineteen Dollars ($743,519.00) 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. 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:
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