AGENDA REPORT
Meeting Date: November 21, 2023
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Ji Kim, Associate Project Manager
Subject: AWARD OF A CONTRACT TO BBS CONSTRUCTION, INC. FOR PUBLIC WORKS FACILITY 2ND FLOOR REMODEL PROJECT –
PHASE 2; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN
THE NOT-TO-EXCEED AMOUNT OF $212,300.00; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR
WITH RESPECT TO DESIGN CRITERIA
Attachments: 1. Contract
RECOMMENDATION
Staff recommends that City Council:
1. Approve the award of a contract to the lowest responsible bidder BBS Construction, Inc. for the Public Works Facility 2nd Floor Remodel Project – Phase 2 in the amount of $193,000.00; and
2. Approve a construction contingency in the amount of $19,300.00 (10%); and
3. Approve a purchase order in the not-to-exceed amount of $212,300.00; and
4. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria; and
5. Consider finding the project exempt from the California Environmental Quality Act.
Meeting Date: November 21, 2023
INTRODUCTION
The Public Works Facility was constructed in 2003 and houses the Water Treatment Plant, water testing laboratory, various technical shops, employee lockers and lunchroom on the first floor, and administration staff and the water monitoring office on the second floor. With the merger of Transportation, Park Services and Urban Forestry staff within the Public Works Department (“Department”), the number of employees has outgrown available square footage. In Fiscal Year 2022-23, CIP 00893 was created to budget for second floor administration area improvements to create a more efficient layout to accommodate the additional staff workstations. The pandemic enabled telecommuting opportunities for staff; as such, Centralized Customer Relations staff can telecommute allowing for the office area to be remodeled and provide an expansion area for open workstations. The interior improvement project was planned to be implemented in two phases to allow the Department to stay operational during construction. With the completion of the first phase of the improvement, which included first floor remodel for a Lactation Room and second floor remodel for expanded staff workstations, phase two is now ready for implementation.
DISCUSSION
The Phase 2 scope of work includes 1,050 square feet (SF) remodel area to allow for a management analysts’ suite and expansion of replacement of aged workstations in an open plan administration staff area to accommodate a larger quantity of new workstations and interactive meeting area.
The design documents were prepared in-house. On October 18, 2023, bid documents were issued for informal bidding in accordance with the Public Contract Code Section 22034 and posted on PlanetBids to contractors on the City’s list of pre-qualified general contractors.
On October 20, 2023, six contractors attended the mandatory pre-bid job walk.
On November 6, 2023, four bids were received.
The bid documents include one additive alternate and three deductive alternates as follows:
Alternate #1: Provide an additive-alternate cost to perform all Work After Hours - M-F between 6:00PM – 6:00AM.
Alternate #2: Omit scope of work for (E) Office 243 into expanded (N) Open Office and provide a deductive-alternate cost for this work. Alternate #3: Provide a deductive-alternate cost if scope of painting of existing wall and column at corridor side is reduced to 50 linear feet (LF). Alternate #4: Omit (E) door modification scope of work and provide deductivealternate cost for this work.
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.
Meeting Date: November 21, 2023
CONTRACTOR Ramco Golden Gate BBS Concept
TOTAL LUMP SUM
BASE BID $165,700.00 $156,200.00 $198,000.00 $ 233,503.00 Additive Alternate #1
Provide an additive-alternate cost
to perform all Work After Hours -
M-F between 6:00PM – 6:00AM
$7,600.00 $36,000.00 $2,000.00 $31,500.00
Deductive Alternate #2
Omit scope of work for (E) Office
243 into expanded (N) Open Office
and provide a deductive-alternate
cost for this work
$ (7,200.00) $ (8,500.00) $ (25,000.00) $(6,035.00)
Deductive Alternate #3
Provide a deductive-alternate cost
if scope of painting of existing wall
& col at corridor side is reduced to
50LF
$(3,300.00) $(4,900.00) $(9,000.00) $(1,665.00)
Deductive Alternate #4
Omit (E) door modification scope of
work and provide deductivealternate cost for this work $(2,800.00) $(691.00) $(7,000.00) $(1,480.00)
Unit Price #1
Provide unit price for painting of
existing doors, door frames and
sidelight frames including transoms
$400.00 $890.00 $550.00 $650.00
COMPENSATION
FOR DELAY
(PER DIEM)
PER
DIEM
(PER
DAY)
$200.00 $370.00 $0 $250.00
PER
DIEM
TOTAL
(20
DAYS)
$4,000.00 $7,400.00 $0 $5,000.00
Deductive Subtotal $(13,300.00) $(14,091.00) $(41,000.00) $(9,180.00) Additive Subtotal $7,600.00 $36,000.00 $2,000.00 $31,500.00 TOTAL (Base + All Alt +
Unit + Per Diem Total) $164,400.00 $186,399.00 $159,550.00 $261,473.00 After review of the bids, staff has determined BBS Construction, Inc. is the lowest responsible bidder and has submitted a responsive bid and, as reported by the State Contractors Licensing Board, maintains a license that is current and in good standing.
Furthermore, BBS Construction, Inc. has performed work for the City in the past and has successfully completed projects of similar scope. Therefore, staff recommends City Council approve an agreement with BBS Construction, Inc. for this work.
Meeting Date: November 21, 2023
Staff recommends accepting alternate #1, as this alternate will mitigate construction impact on staff during working hours and keep the office fully operational during construction. Accepting alternate #4 results in a larger savings and a lower contract amount, and the work can be performed in the future for less cost. Furthermore, staff recommends not to accept deductive alternates #2 and #3 since the cost of omitting and deferring the scope may result in a cost increase in the future.
A contingency of $19,300.00 (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 $ 198,000.00
Additive Alternate #1 $ 2,000.00
Deductive Alternate #4 $ (7,000.00)
Subtotal $ 193,000.00
10% Contingency $ 19,300.00
Total $ 212,300.00
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 mid-March of 2024.
Environmental Review
Approval of the Public Works Facility 2nd Floor Remodel Project – Phase 2 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 proposed improvements is exempt from CEQA pursuant to the “Existing Facilities” Section 15301 of Title 14 of the California Code of Regulations because the work involves no expansion of use within the existing Public Works facility. Based on the foregoing, staff recommends City Council find that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15301 Existing Facilities.
FISCAL IMPACT
The $212,300.00 for Public Works Facility 2nd Floor Remodel Project – Phase 2 is available as part of Fund 405, Capital Improvement Project No. 00893, Public Works 2nd Floor Remodel. 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
PUBLIC WORKS FACILITY 2ND FLOOR REMODEL PROJECT – PHASE 2 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 BBS Construction, Inc. (“Contractor”). Contractor’s license number is 839266.
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 PUBLIC WORKS FACILITY 2ND FLOOR REMODEL PROJECT – PHASE 2 (“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-THREE THOUSAND DOLLARS ($193,000.00) 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:
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