AGENDA REPORT
Meeting Date: September 10, 2024
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Eli Benitez, Associate Project Manager
Subject: AWARD OF A CONTRACT TO ANGELUS WATERPROOFING & RESTORATION, INC. FOR THE 345 N. BEVERLY DRIVE
PARKING STRUCTURE TRAFFIC COATING PROJECT; AND
APPROVAL OF A PURCHASE ORDER IN THE NOT-TO-EXCEED
AMOUNT OF $211,255; 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, Angelus Waterproofing & Restoration, Inc. for the Application of Concrete Slab Waterproofing Coating Project at level 2 of the 345 N. Beverly Drive Parking Structure in the amount of $183,700; and
2. Approve a construction contingency in the amount of $27,555 (15%); and
3. Approve a purchase order to Angelus Waterproofing & Restoration, Inc. in the notto-exceed amount of $211,255; and
4. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria.
E-15
Meeting Date: September 10, 2024
INTRODUCTION
The Fiscal Year 2024/25 Capital Improvement Program includes a project addressing the ongoing maintenance and rehabilitation of parking facilities, including as-needed concrete slab repairs and waterproofing of concrete slab surfaces. Due to the heavy use of City parking structures, the application of concrete slab waterproofing coating is necessary. In order to protect commercial tenant spaces below parking slabs at City’s parking structures, it is recommended that the resurfacing is performed in cycles of five to seven years.
DISCUSSION
The structural firm of Brandow & Johnston was engaged to evaluate existing concrete slab conditions at the parking structure located on 345 N. Beverly Drive and, after analysis, found the slabs to be in sound condition and not requiring any repairs. The base bid scope of work includes the application of a new waterproofing/traffic coating on level 2 of the parking structure.
On July 3, 2024, bid documents were posted on PlanetBids for informal bidding in accordance with the Public Contract Code Section 22034 to contractors on the City’s list of prequalified waterproofing contractors. On July 18, 2024, three (3) contractors attended the mandatory site walk.
On August 6, 2024, three bids were received 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.
Best Contracting Angelus Waterproofing Slater
Services & Restoration, Inc. Waterproofing
Base Bid $310,000 $183,700 $215,070
20-Day Delay $ 0 $ 10,000 $ 20
Basis of Selection
Total $310,000 $193,700 $215,090
Selected Bid
Base Bid $183,700
15% Contingency $ 27,555
TOTAL $211,255
The bids were reviewed, and the lowest responsible bidder is Angelus Waterproofing & Restoration, Inc. The contractor submitted a responsive bid and, as reported by the State Contractors Licensing Board, maintains a license that is current and in good standing.
Angelus Waterproofing & Restoration, Inc. has successfully performed on similar City projects in the past and is qualified to complete this project.
A contingency of $27,555, 15% of the contract amount, is recommended for changes due to unforeseen conditions in order to successfully complete the work. Expenditures from Meeting Date: September 10, 2024
the contingency will be made utilizing the Change Order process in the Beverly Hills Municipal Code and the Contract upon adequate written justification and substantiation.
The bid documents specify that all work under the contract shall be completed within 21 calendar days from the date specified in the notice to proceed, resulting in an estimated completion of approximately November 2024.
FISCAL IMPACT
The $211,255 for the project is available as part of Fund 810 Capital Improvement Program (CIP 00936), Parking Facility Concrete Rehab and Waterproofing. 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
345 N. Beverly Drive Parking Structure Traffic Coating Project THIS CONTRACT (“Contract”) is made and entered this 10th day of September, 2024 (“Effective Date”), by and between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”) and Angelus Waterproofing & Restoration, Inc. (“Contractor”). Contractor’s license number is 461100.
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 the 345 N. Beverly Drive Parking Structure Traffic Coating 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 Eighty-Three Thousand Seven Hundred Dollars ($183,700) 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.”
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
LESTER J. FRIEDMAN
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:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
[Signatures continue]
3 SHANA E. EPSTEIN
Director of Public Works
MANDANA MOTAHARI
City Architect
SHARON L’HEUREUX DRESSEL
Risk Manager
ANTHONY RODSTEIN
Purchasing Services Manager