AGENDA REPORT
Meeting Date: January 9, 2025
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Subject: AWARD OF CONTRACTS TO VARIOUS CONTRACTORS FOR
THE 9510 BRIGHTON WAY SEISMIC UPGRADE PROJECT –
PHASE I; AND
APPROVAL OF CORRESPONDING PURCHASE ORDERS TO
VARIOUS CONTRACTORS FOR THE CONTRACT WORK IN THE
TOTAL NOT-TO-EXCEED AMOUNT OF $985,937; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR WITH
RESPECT TO DESIGN CRITERIA; AND
PURSUANT TO THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), CITY COUNCIL WILL
ALSO CONSIDER FINDING THE PROJECT EXEMPT FROM
FURTHER REVIEW UNDER CEQA
Attachment: 1. Contracts
2. Bid Results Matrix
3. Total Project Cost Matrix
RECOMMENDATION
Staff recommends that City Council:
1. Approve the award of contracts to the various lowest responsible bidders (listed below) for the 9510 Brighton Way Seismic Upgrade Project – Phase I; and
2. Approve construction contingencies listed below; and
3. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria; and
4. Consider finding the project exempt from the California Environmental Quality Act (CEQA); and
BEVERLV
HILLS
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Meeting Date: January 9, 2025
5. Approve purchase orders as follows:
a) Trademark Concrete Systems, Inc., in the amount of $850,000 for Concrete and Reinforcing work; and approval of a construction contingency of $85,000; and approval of a purchase order in an amount not to exceed $935,000 to Trademark Concrete Systems, Inc. for the work;
b) Slater Waterproofing, Inc., in the amount of $24,280 for Fiber Wrap work; and approval of a construction contingency of $2,913; and approval of a purchase order in an amount not to exceed $27,193 to Slater Waterproofing, Inc. for the work;
c) Kimble and Company in the amount of $21,200 for Fire Sprinkler System Modification work; and approval of a construction contingency of $2,544; and approval of a purchase order in an amount not to exceed $23,744 for the work.
INTRODUCTION
Built in 1960, 9510 Brighton Way Parking Structure is the oldest of the City’s 19 owned and operated parking structures. The existing parking structure is a five-story reinforced concrete structure with retail tenants on the ground floor and four stories of parking use above. Based on the building’s age, the construction type is consistent with non-ductile concrete structures. A high-level structural evaluation was performed by the structural firm of Brandow & Johnston, who recommended seismic strengthening of the building.
To align with one of the tenant’s major remodel projects, seismic strengthening is proposed to be performed in two phases. Phase I will involve placement of a new concrete shear wall and foundation within the tenant space on the ground floor as well as application of fiber wrap on existing columns. Phase II will involve additional concrete shear walls on the west side of the ground floor and all of the floors above to ensure overall seismic performance of the building.
DISCUSSION
Construction documents were prepared by Brandow & Johnston, and the City retained the services of Matt Construction to assist with construction management for the bidding process for a multi-prime type of contract.
Bid Process
The City sought to obtain bids from experienced building contractors with past experience in similar work. A prequalification procedure was utilized following State guidelines. One of the prequalification procedures required was construction experience in several recent, local and similar completed projects. The process was advertised in the Beverly Hills newspapers, PlanetBids and trade journals. The total number of responses to the prequalification was seven companies for three bid packages.
Bid Results
On December 11, 2024, five bids were received from various pre-qualified subcontractors for three trade bid packages. The results of the individual trade bids are described in the attached bid package matrix (Attachment 2).
One bid was received for the fire sprinkler modification package since the work is minimal and involves relocation of an existing sprinkler riser in conflict with the new shear wall location. Staff recommends acceptance of the bid.
Meeting Date: January 9, 2025
The results of the individual trade bids are described in the attached bid package matrix.
The total amount of the three bid packages amounts to $895,480, and a total contingency amount of $90,457 is recommended to cover for unforeseen field conditions, bringing the total amount of all three purchase orders to a not-to-exceed amount of $985,937.
The bid documents specify that all work under the contract shall be completed within 60 calendar days from the date of the notice to proceed, resulting in an estimated completion of approximately April 16, 2025.
ENVIRONMENTAL REVIEW
Approval of 9510 Brighton Way Seismic Upgrade 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 9510 Brighton Way Seismic Upgrade Project – Phase I is exempt from CEQA pursuant to the following:
a) The improvements are 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 parking structure. 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 current estimated project cost is $985,937 for Phase I of the seismic upgrade.
Funding is currently available in CIP project #00786 (Parking Program Upgrades and Improvements) in Fund 130 – In-Lieu Parking District), which could be used for this project.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
1 CONTRACT
CITY OF BEVERLY HILLS
CONTRACT FOR
9510 BRIGHTON WAY SEISMIC UPGRADE PROJECT – PHASE I
CONCRETE PACKAGE
THIS CONTRACT (“Contract”) is made and entered this 9
th day of January, 2025 (“Effective Date”), by and
between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”) and Trademark Concrete Systems, Inc. (“Contractor”). Contractor’s license number is 511344.
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 9510 BRIGHTON WAY SEISMIC UPGRADE PROJECT – PHASE I, CONCRETE PACKAGE (“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 Eight Hundred Fifty Thousand Dollars ($850,000.00) 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:
LESTER J. FRIEDMAN, Mayor
ATTEST:
By:
HUMA AHMED, City Clerk
Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
[Signatures continue]
3 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
By:
ANTHONY RODSTEIN
Purchasing Services Manager
1 CONTRACT
CITY OF BEVERLY HILLS
CONTRACT FOR
9510 BRIGHTON WAY SEISMIC UPGRADE PROJECT – PHASE I
FIBER WRAP APPLICATION
THIS CONTRACT (“Contract”) is made and entered this 9
th day of January, 2025 (“Effective Date”), by and
between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”) and Slater Waterproofing, Inc. (“Contractor”). Contractor’s license number is 373368.
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 9510 BRIGHTON WAY SEISMIC UPGRADE PROJECT – PHASE I, FIBER WRAP APPLICATION (“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 Twenty-Four Thousand Two-Hundred Eighty Dollars ($24,280.00) 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:
LESTER J. FRIEDMAN, Mayor
ATTEST:
By:
HUMA AHMED, City Clerk
Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
[Signatures continue]
3 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
By:
ANTHONY RODSTEIN
Purchasing Services Manager
1 CONTRACT
CITY OF BEVERLY HILLS
CONTRACT FOR
9510 BRIGHTON WAY SEISMIC UPGRADE PROJECT – PHASE I
FIRE SPRINKLER MODIFICATIONS
THIS CONTRACT (“Contract”) is made and entered this 9
th day of January, 2025 (“Effective Date”), by and
between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”) and Kimble and Company (“Contractor”). Contractor’s license number is 460923.
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 9510 BRIGHTON WAY SEISMIC UPGRADE PROJECT – PHASE I, FIRE SPRINKLER MODIFICATIONS (“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 Twenty-One Thousand Two Hundred Dollars ($21,200.00) 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:
LESTER J. FRIEDMAN, Mayor
ATTEST:
By:
HUMA AHMED, City Clerk
Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
[Signatures continue]
3 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
By:
ANTHONY RODSTEIN
Purchasing Services Manager
Attachment 2
9510 BRIGHTON WAY SEISMIC UPGRADE PROJECT-PHASE I
12/23/2024
Bid Pkg. Description Contractor Base Bid Alternate #1 20 days Cmpensation for Delay Basis of Selection Notes Fiber Wrap
BPG 001
BPG 002
Concrete Package
BID RESULTS MATRIX
$ 24,280
Structural Preservation Systems, LLC $ 116,179 $ 89,660 $ 205,839 BPG 003 Fire Sprinkler Kimble and Company $ 15,800 $ 5,400 $ - $ 21,200 Trademark Concrete $ 850,000 $ 20,000 $ 870,000
Morely Concrete Systems, Inc. $ 898,896 $ - $ 898,896
Slater Waterproofing, Inc. $ 24,280 $ -
Attachment 3
9510 BRIGHTON WAY SEISMIC UPGRADE PROJECT-PHASE I
TOTAL PROJECT COST MATRIX (Multi-Prime Contractors)
12/23/2024
Bid Pkg. Description Contractor Base Bid Alternate #1 Contingency Notes TOTAL (BASE BID + ALTERNATES + CONTINGENCY) $ 985,937.00 Total Base Bids $ 890,080 $ 5,400
TOTAL CONTINGENCY (varies) $90,457
$ 90,457
BASE BID TOTAL INCLUDING ALTERNATES $ 895,480
24,280 $ 2,913
BPG 003 Fire Sprinkler Kimble and Company $ 15,800 $ 5,400 $ 2,544 BPG 001 Concrete Package Trademark Concrete $ 850,000 $ 85,000 BPG 002 Fiber Wrap Slater Waterproofing, Inc. $