AGENDA REPORT
Meeting Date: February 5, 2025
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Ji Kim, Project Manager
Subject: CANCEL THE PREVIOUSLY BID WILL ROGERS PARK
DEMOLITION PROJECT AND REJECT BIDS RECEIVED FOR THE
WORK; AND
AWARD OF A CONTRACT TO BBS CONSTRUCTION, INC. FOR
THE WILL ROGERS PARK RESTROOM REPLACEMENT
PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE
TOTAL NOT-TO-EXCEED AMOUNT OF $2,122,960; 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. Agreement
2. Certificate of Appropriateness
RECOMMENDATION
Staff recommends that City Council:
1. Cancel the previously bid Will Rogers Park Restroom Demolition Project and reject bids received for the work; and
2. Approve the award of a contract to the lowest responsible bidder, BBS Construction, Inc. for the Will Rogers Park Restroom Replacement Project, which includes demolition, in the amount of $1,895,500; and
3. Approve a construction contingency in the amount of $227,460 (12%); and BEVERL
HILLS
Meeting Date: February 5, 2025
4. Approve a purchase order in the not-to-exceed amount of $2,122,960; and
5. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria; and
6. Consider finding the project exempt from the California Environmental Quality Act (CEQA).
INTRODUCTION
Built in 1912 and dedicated to the City of Beverly Hills in 1915, Will Rogers Memorial Park is the City’s first municipal park following the City’s incorporation in 1914. It was designated as landmark no. 27 on the City of Beverly Hills local register of historic properties in 1985 because the park reflected the initial design intent conceived by the City’s first planner and landscape architect Wilbur D. Cook, Jr. and met the age, value, and integrity requirements of the Ordinance, and satisfied three of the six significance criteria. Originally intended for passive recreation and enjoyment of scenic beauty, the park became a popular meeting place for nearby residents, the public, and visitors. In 1976, a contemporary-style public restroom facility was added to the western side of the park and was not designated as a historic feature of the park. As it stands, the restroom building is undersized and not fully compliant with the American with Disabilities Act (ADA). The building is showing signs of aging and requires updating to meet current ADA requirements. Furthermore, a larger capacity restroom facility is needed to meet current demand.
The Will Rogers Park Restroom Replacement Project scope qualifies this project for Community Development Block Grant Programs (CDBG) funding since the proposed improvements will result in the restroom facilities meeting ADA requirements, protecting people with disabilities from discrimination. Furthermore, the project meets the Department of Housing and Urban Development (HUD) National Objective of serving Low-to-Moderate Income Limited Clientele (LMC) because people with disabilities are a presumed eligible LMC group.
DISCUSSION
The architectural firm of Architectural Resources Group was engaged to provide design services for expansion or replacement of the restroom building.
After initial studies, it was determined that replacement of the structure will provide more flexibility and is a more feasible option. The proposed 500 square-foot restroom facility will triple the number of toilet fixtures in each women’s and men’s restroom, double the number of lavatories, and the yard area will be expanded to house new pumps and control equipment for the historic pond so that aquatic life can be better supported. The work consists of demolition of the existing building, replacing it with a larger facility in the same location, and includes approximately 2,300 square feet of site improvements.
Although the new building will replace a non-historic element in this historic site, the design has been reviewed with respect to the Secretary of Interior’s requirements and has been determined to be of good design and appropriate for its historic context. A report of certificate of appropriateness has been prepared by Ostashay & Associates and included as Attachment 2.
Meeting Date: February 5, 2025
On October 28, 2024, with intention to condense the construction duration, bid documents for the demolition phase only were issued to contractors following State guidelines, and, on November 19, 2024, eleven bids were received. On November 22, 2024, to streamline the CDBG funding program approval process, and, as recommended by the Los Angeles County Development Authority (LACDA), bid cancellation notices were sent out to the bidders who had submitted bids for the demolition phase. As a result, plans were revised to combine the demolition phase with the building replacement phase as a single bid package.
The City sought to obtain bids from experienced building contractors through a prequalification/qualified bidder’s process following State guidelines. A Request for Qualifications was advertised in the local Beverly Hills newspapers and construction trade publications, as well as the PlanetBids portal. The Prequalification Package was posted to the PlanetBids portal on December 9, 2024. Three companies submitted their qualifications on December 19, 2024 as follows: Balfour Beatty Construction, LLC, BBS Construction, Inc., and Concept Consultant, Inc. Two companies, Balfour Beatty Construction, LLC, and BBS Construction, Inc. obtained passing scores and were qualified to submit bids.
On December 26, 2024, the bid documents (RFB 25-350-11) were issued to prequalified contractors.
The bid documents include one additive alternate, two deductive alternates, and one allowance line item as follows:
ALTERNATE NO. 1 – Provide an additive cost to remove the exsiting electrical panel that serves the restroom, irrigation controllers and the park’s power and lighting and provide temporary power for the above plus power for a new temporary restroom trailer. Temporary restroom trailer will be furnished and installed by others.
ALTERNATE NO. 2 – Provide a deductive cost for landscaping work, including irrigation, of the northeast corner planting area.
ALTERNATE NO. 3 – Provide a deductive cost if reconditioning and installation of existing gates G1 & G2 is deleted from the scope of work ALLOWANCE NO. 1 – The base bid shall include removal and haul off of concrete footings as delinated in the bid documements. Include in the base bid an allowance of $8,500 for any unforseen site condition requiring additional demolition and haul off of oversized concrete footings.
Meeting Date: February 5, 2025
Basis of Selection
On January 17, 2025, two (2) bids were received as shown below.
Balfour Beatty BBS
Base bid $ 2,085,960 $ 1,989,000
Additive Alt #1 $ 20,330 $ 6,000
Deductive Alt #2 $ (7,977) $ (100,000)
Deductive Alt #3 $ (6,989) $ (8,000)
Allowance $ 8,500 $ 8,500
20-Day Delay $ 25,900 $ 0
Basis of Selection Total
(Base bid, Alt #1, Alt #3 and 20-Day Delay) $ 2,133,701 $ 1,995,500 The bid documents specify that the low bid is determined by the sum of the base bid, Alternate #1 and Alternate #3, and the compensable delay cost for 20 days. After review of the bids, staff has determined BBS Construction, Inc. is the lowest responsible bidder, has submitted a responsive bid and, as reported by the State Contractors Licensing Board, maintains a license that is current and in good standing. Therefore, staff recommends City Council approve an agreement with BBS Construction, Inc. for this work.
Based on the current construction market and increased cost of materials and labor, the low bid exceeds the FY 2023-24 budgeted cost ($1,550,000) for this project. However, construction costs are on the rise, and it is foreseeable that the current market status may escalate in the future. The engineer’s estimate for this project at the project’s midpoint was $1,834,974, which is slightly lower than the lowest bid received. Furthermore, the CDBG grant funds available for this project amount to $714,168. Thus, staff recommends acceptance of the base bid, including all three alternates and allowance, resulting in a construction award amount of $1,895,500.
A contingency of $227,460, 12% of the contract amount, is recommended for changes due to unforeseen conditions 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.
The bid documents specify that all work under the contract shall be completed within 180 calendar days from the date specified in the notice to proceed, resulting in an estimated completion of approximately September 2025.
Meeting Date: February 5, 2025
Selected Bid
Base Bid $ 1,989,000
Additive Alternate #1 $ 6,000
Deductive Alternate #2 $ (100,000)
Deductive Alternate #3 $ (8,000)
Allowance $ 8,500
Subtotal $ 1,895,500
12% Contingency $ 227,460
TOTAL $ 2,122,960
FISCAL IMPACT
The CDBG portion of the budget is $714,168. CDBG funds can be used to pay eligible design, engineering, construction, and administrative expenditures. Costs associated with these programs will be reimbursed to the City at the end of the fiscal year using CDBG funds, should Federal funding be made available through this program.
There is currently $2,254,714 available in CIP #00315 (Park Facilities Maintenance & Improvements) in the Parks and Recreation Facilities Fund (Fund 160). If no Federal funding is received, there are sufficient funds in this CIP to cover the project. 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
WILL ROGERS PARK PUBLIC RESTROOM REPLACEMENT PROJECT
THIS CONTRACT (“Contract”) is made and entered this 5
th day of February, 2025 (“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 WILL ROGERS PARK RESTROOM REPLACEMENT 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 Million Eight Hundred Ninety-Five Thousand Five Hundred Dollars ($1,895,500) 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 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
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
CITY OF BEVERLY HILLS
COMMUNITY DEVELOPMENT DEPARTMENT
455 N. Rexford Drive, Beverly Hills, CA 90210
Tel. (310) 285-1000 Fax. (310) 858-5966
CERTIFICATE OF APPROPRIATENESS
Property Address 9650 West Sunset Boulevard
Applicant City of Beverly Hills
Property Owner City of Beverly Hills
Landmark Name Will Rogers Memorial Park
Landmark No. No. 27
Decision
Administrative Approval ☒
Denial ☐
Referred to Cultural Heritage Commission for Review ☐
Date of Decision January 27, 2025
PROJECT DESCRIPTION
The City of Beverly Hills proposes to replace the existing public restroom facility at Will Rogers Memorial Park, City of Beverly Hills Landmark No. 27, to meet accessibility requirements and provide additional restroom stalls to meet peak time demand. The project will involve demolition of the existing restroom facility along with an attached wooden trellis and adjacent hardscaping; construction of a new 500-square foot restroom facility with attached metal trellis at the same location; and replacement of adjacent landscaping and hardscaping.
Will Rogers Memorial Park was constructed in 1912 and is a triangular site bounded by Sunset Boulevard, North Canon Drive and North Beverly Drive. The existing restroom facility is located on the southwesterly edge of the park, along North Canon Drive. The existing restroom facility was added to Will Rodgers Memorial Park in the 1980s. According to the landmark assessment report prepared by Ostashay and Associates Consulting in January 2015, the existing restroom facility is not considered a character-defining feature of the Will Rogers Memorial Park landmark.
The replacement restroom structure will be slightly larger in square footage than the existing structure and similar in appearance, with burnished-face CMU blocks and clay tiles. The proposed location of the replacement restroom and ancillary hardscaping are in the same location as these existing improvements. The proposed replacement improvements will not affect the park’s existing circulation pattern; and new paving and planting palette will match existing conditions.
While the area of landscaping between the restroom facility and the park pathway is proposed to be slightly reduced, the overall appearance will not be altered. All the character defining features identified in the January 2015 landmark assessment report will remain unaffected by this public restroom replacement project.
BEVERL
HILLS
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Certificate of Appropriateness
9650 Sunset Boulevard
Overall, the project complies with the Secretary of the Interior's Standards for Rehabilitation, specifically as referenced below:
Secretary of the Interior's Standards for Rehabilitation, Standard 1: A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces and spatial relationships. Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken.
The project will replace an existing restroom facility and associated trellis located in a park that is designated a local landmark with a new restroom facility and trellis at generally the same location. The restroom replacement project will not alter the use of the park. The public park landmark will continue to be used as it has been historically.
Secretary of the Interior's Standards for Rehabilitation, Standard 2: The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.
The project does not remove or alter character-defining features of the landmark. The existing restroom facility and ancillary trellis, hardscaping, and landscaping will be replaced at the same location. The park’s spatial relationships and circulation, such as its pattern of paved walkways and paths, will remain as existing.
Secretary of the Interior's Standards for Rehabilitation, Standard 9: New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
The new restroom facility and ancillary improvements will feature a contemporary architecture style and will not mimic the architectural style of the era that the park was built. It will reflect the contemporary time period and will not create a false sense of historical development. At the same time, the new facility will feature neutral colors that complement the overall park so as to be compatible with the overall park.
REQUIREMENT FOR CERTIFICATE OF APPROPRIATENESS (BHMC §10-3-3219) A Certificate of Appropriateness is a certificate issued to approve alteration, restoration, construction, removal, relocation in whole or in part, or demolition of a designated landmark or property within a historic district. No person, owner, or other entity shall alter, restore, reconstruct, relocate, rehabilitate, stabilize, demolish, or chance the exterior appearance of a designated landmark or contributing property without first having applied for an been granted a certificate of appropriateness, unless the work proposed qualifies as ordinary maintenance and repair.
Certificate of Appropriateness
9650 Sunset Boulevard
FINDINGS (BHMC §10-3-3219 D)
The Director of Community Development finds that the proposed work:
1. Does not result in a significant change of design, material, appearance, or visibility of the character defining features, and
2. Complies with the Secretary of the Interior’s Standards, as referenced above.
CONDITIONS OF APPROVAL
1. Any modifications to the approved scope of work for this project shall return for further review and approval by the Director of Community Development or their designee to ensure compliance with the Secretary of the Interior’s Standards for Rehabilitation.
2. All proposed work shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings.
VALIDITY OF CERTIFICATE OF APPROPRIATENESS (BHMC §10-3-3219 G) A Certificate of Appropriateness shall lapse and become void twenty-four (24) months from the date of issuance, unless a building permit has been issued and the rights granted by the permit or certificate have been exercised and being pursued to completion.
ENVIRONMENTAL ASSESSMENT
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines1(California Code of Regulations, Title 14, Section 15000 et seq.), and the environmental regulations of the City. Based on this assessment, the project appears to qualify for a Class 1 Categorical Exemption (Existing Facilities) pursuant to Section 15301 of the State CEQA Guidelines, which states that this exemption is applicable for operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, because the project involves demolition and reconstruction of a facility accessory to the main use.
CALL UP AND APPEAL PROVISIONS (BHMC §10-3-3222 A., B., C.) Only the applicant for a Certificate of Appropriateness shall be entitled to file an appeal of a decision regarding the certificate pursuant to the provisions in Beverly Hills Municipal Code Title 1, Chapter 4, Article 1. The City Council has the authority to call up this decision for review pursuant to the provisions of Beverly Hills Municipal Code Title 1, Chapter 4, Article 2.
Any decision of the director or the commission regarding a Certificate of Appropriateness shall become final if no appeal is submitted within the applicable appeal period and the decision is not called up for review by the City Council pursuant to the provisions of Beverly Hills Municipal Code 1 The CEQA Guidelines and Statute are available online at http://resources.ca.gov/ceqa/guidelines/ Certificate of Appropriateness
9650 Sunset Boulevard
Title 1, Chapter 4, Article 2. Such review may be ordered by motion of the Council duly adopted within thirty (30) calendar days after the issuance of the decision.
A decision by the director may be appealed to the Cultural Heritage Commission within fifteen (15) days from the date of the decision pursuant to the procedures set forth in Beverly Hills Municipal Code Title 1, Chapter 4, Article 1.
Approved by:
Michael Forbes, AICP
Director of Community Development