AGENDA REPORT
Meeting Date: March 18, 2025
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Karen Domerchie, Project Manager
Subject: AWARD OF A CONTRACT TO AC PROS, INC., FOR THE FIRE STATION NO. 1 VENTILATION UPGRADES PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE
NOT-TO-EXCEED AMOUNT OF $345,207; 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
Attachments: 1. Contract
RECOMMENDATION
Staff recommends that City Council:
1. Approve the award of a contract to the lowest responsible bidder, AC Pros, Inc., for the Fire Station No. 1 Ventilation System Upgrades Project in the amount of $300,180; and
2. Approve a construction contingency in the amount of $45,027 (15%); 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. Approve a purchase order in the not-to-exceed amount of $345,207; and
5. 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.
BEVERL
HILLS
BEVERL
HILLS
Meeting Date: March 18, 2025
INTRODUCTION
Fire Station No. 1 was originally constructed in 1990. As part of the ongoing maintenance of the facility, a need has been identified to replace major components of the building’s ventilation system. Existing exhaust fans are old and have reached beyond their useful life. The new system will provide an energy efficient, low maintenance, improved and reliable ventilation system.
DISCUSSION
The mechanical engineering firm of CJTSS Consulting Engineers was engaged to provide an assessment of the ventilation system at Fire Station No. 1 and provide recommendations for system improvements. The ventilation system at this fire station consists of several exhaust fans serving various areas as tabulated below:
Exhaust Fan EF-1 Apparatus Bay
Exhaust Fan EF-2 Apparatus Bay
Exhaust Fan EF-3 2nd Floor Restrooms
Exhaust Fan EF-4 1st Floor Restrooms
Exhaust Fan EF-5 Kitchen Grease Hood
Supply Fan SF-1 Kitchen Make Up Air Fan
Exhaust fans are particularly essential for removing carbon monoxide, nitrous oxide and diesel particulates at the apparatus area. In addition, the exhaust fans at the restrooms have had ongoing maintenance issues due to the old age of these units. All of the existing exhaust fans were found to be in poor condition and have lost their operational efficiency.
CJTSS provided design drawings and specifications for replacement of all exhaust fans with new energy efficient units; the scope of work also includes the installation of a new carbon monoxide detection system, which will be connected to the City’s Building Management System (BMS) with 24/7 monitoring capabilities.
On January 28, 2025, bid documents (Bid# 24-350-5) were distributed via Planet Bids to all prequalified mechanical contractors on the City’s list permitted by Section 20101 of the Public Contract Code pertaining to public projects. Three of those companies obtained bid documents and attended the pre-bid job walk held on February 6, 2025.
On February 25, 2025, two bids were received as follows:
Basis of Selection AC Pros, Inc. Athena Engineering, Inc.
Base Bid $293,180 $394,669
Alternate Bid #1 $ 4,400 $ 11,515
Alternate Bid #2 $ 2,600 $ 12,406
20-day delay $ 0 $ 27,475
Basis of Selection: $300,180 $446,065
Two alternates were specified for this project. Alternate #1 includes replacement of 50 lineal feet of existing electrical feeders to exhaust fans in case the existing feeders are found to be in poor condition. Alternate #2 includes installation of a new 12-hour uninterruptible power supply backup unit (UPS) for the new carbon monoxide monitoring system.
Meeting Date: March 18, 2025
The bid documents specify that the low bid is determined by the sum of the base bid, all alternates, and the compensable delay cost for 20 days.
AC Pros, 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, AC Pros, Inc. has successfully been prequalified for the work and has performed similar work for the City in the past. AC Pros, Inc.’s bid amount is aligned with the engineer’s estimate for the work. Therefore, staff recommends City Council approve an agreement with AC Pros, Inc. for this project.
A contingency of $45,027, 15% of the bid 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 Section 3-3-110 and in the Contract upon adequate written justification and substantiation.
Selected Bid
Base Bid $ 293,180.00
Alternate #1 $ 4,400.00
Alternate #2 $ 2,600.00
Subtotal $ 300,180.00
15% Contingency $ 45,027.00
Total $ 345,207.00
The bid documents specify that all work under the Contract shall be completed within 100 calendar days from the date of the notice to proceed, resulting in an estimated completion in August 2025.
ENVIRONMENTAL REVIEW
Approval of the Fire Station No. 1 Ventilation System Upgrades Project 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 replacement of mechanical equipment does not involve expansion the existing 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.
Meeting Date: March 18, 2025
FISCAL IMPACT
The $345,207 for Fire Station No. 1 Ventilation Upgrades is available as part of Fund 405, Capital Improvement Project No. 00811, Major Building Systems Maintenance and Replacement. 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
FIRE STATION NO. 1 VENTILATION UPGRADES
THIS CONTRACT (“Contract”) is made and entered this 18th day of March, 2025 (“Effective Date”), by and between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”) and AC Pros, Inc. (“Contractor”). Contractor’s license number is 871281.
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 FIRE STATION NO. 1 VENTILATION UPGRADES (“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 Three Hundred Thousand One Hundred Eighty Dollars ($300,180) 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.”
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
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
SHANA E. EPSTEIN
Director of Public Works
[Signatures continue]
3 MANDANA MOTAHARI
City Architect
SHARON L’HEUREUX DRESSEL
Risk Manager
ANTHONY RODSTEIN
Purchasing Services Manager