AGENDA REPORT
Meeting Date: February 20, 2024
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Martin Nunes, Associate Project Manager
Subject: AWARD OF A CONTRACT TO WAISMAN CONSTRUCTION INC.
FOR THE CIVIC CENTER PARKING GARAGE IMPROVEMENTS
FOR SECURE VEHICLE PARKING PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE
NOT-TO-EXCEED AMOUNT OF $837,200; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR WITH
RESPECT TO DESIGN CRITERIA
Attachment: 1. Contract with Waisman Construction Inc.
RECOMMENDATION
Staff recommends that City Council approve:
1. The award of a contract to the lowest responsible bidder, Waisman Construction Inc. for the Civic Center Parking Garage Improvements for Secure Vehicle Parking Project in the amount of $728,000; and
2. A construction contingency in the amount of $109,200 (15%); and
3. The plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria; and
4. A purchase order in the not-to-exceed amount of $837,200.
BEVERLY
HILLS
.~
Meeting Date: February 20, 2024
INTRODUCTION
The Beverly Hills Civic Center Parking Garage, located at 450 N. Rexford Drive, was originally constructed in 1990 as part of the Civic Center campus of landmark public buildings. The Civic Center Garage is directly connected to the Beverly Hills Public Library as well as the Beverly Hills Police Facility and is a short walk from City Hall and Fire Station Headquarters. The structure is four stories with an additional two parking levels below grade. As part of the Police Department’s on-going efforts to enhance security, a need has been identified to convert the two basement levels into secured parking.
DISCUSSION
The Garage is widely used by both visitors as well as City staff. Currently it accommodates a mix of users that include visitor parking, police customer parking, Facilities vehicle parking and City staff parking for their personal vehicles. Law enforcement personnel are included in the number of City employees who have the Civic Center Garage as their designated parking location.
The building is a naturally ventilated unenclosed concrete structure that is directly accessible from the public realm 24 hours a day, seven days a week. Currently there are no physical restrictions for a member of the public to enter the building on foot from several points of entry on the ground level. In order to create a division between parking that is available to the public and parking that is restricted to those City staff who have been granted secure access by the Police Department, an opportunity was identified to designate the two subterranean levels of the building for access by authorized personnel only. The two levels under consideration contain 124 parking spaces. Displacement of City staff parking during construction will be accommodated at the Crescent Garage as well as the 9333 Third Street parking structure.
The base scope of work to create this proposed division involves the installation of openmesh metal security fencing with pedestrian egress gates, as well as two vehicular egress gates with open-mesh roll-up curtains. The fencing is designed to allow for natural ventilation, security and privacy. It is also located discretely so as not affect the appearance of the building on the exterior. The plans include infrastructure for the City’s key card access control system at all the proposed pedestrian and vehicular gates. The plans have been approved by the Department of Building and Safety and are ready to be issued with a permit for construction. In addition, the scope of work includes quarterly inspection and service of the vehicular gates, as well as a two-year parts and one-year labor warranty.
A request for bids was published on PlanetBids and in local newspapers. Four companies attended the mandatory pre-bid job walk held on January 8, 2024.
On January 29, two bids were received as follows:
Basis of Selection Minco Construction Waisman Construction Inc.
Base Bid $ 1,177,700 $ 728,000
20 days delay $ 2,000 $ 7,000
Basis of Selection: $ 1,179,700 $ 735,000
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. After review of the bids, staff has determined that Waisman Construction Inc. is the lowest responsible bidder and has submitted a responsive bid and, as reported by the State Contractors Licensing Board, maintains a Meeting Date: February 20, 2024
license that is current and in good standing. Furthermore, references were checked with public agencies which have worked with Waisman Construction Inc., and all reported positive experiences. Therefore, staff recommends City Council approve an agreement with Waisman Construction Inc. for this work.
A contingency of $109,200 (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 in accordance with the change order process specified in Beverly Hills Municipal Code Section 3-3-110 upon adequate written justification and substantiation.
The bid documents specify that all installation work under the contract shall be completed within 90 calendar days, resulting in an estimated completion of approximately the end of August 2024.
FISCAL IMPACT
The $837,200 for Civic Center Parking Garage Secure Parking Improvements Project is available as part of Fund 405, Capital Improvement Project No. 00933, Police Facility Projects. 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
CIVIC CENTER PARKING GARAGE IMPROVEMENTS FOR
SECURE VEHICLE PARKING PROJECT
THIS CONTRACT (“Contract”) is made and entered this 20th day of February 2024 (“Effective Date”), by and between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”), and Waisman Construction Inc. (“Contractor”). Contractor’s license number is 839916.
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 CIVIC CENTER PARKING GARAGE IMPROVEMENTS FOR SECURE VEHICLE PARKING 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 Twenty-Eight Thousand Dollars and Zero Cents ($728,000.00) 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 undertake selfinsurance 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.” 2 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 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: Waisman Construction Inc.
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
[Signatures continue]
3 By:
SHANA E. EPSTEIN
Director of Public Works
By:
MANDANA MOTAHARI
City Architect
By:
SHARON L’HEUREUX DRESSEL
Risk Manager