RESOLUTION NO. 23-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA REJECTING THE BID SUBMITTED BY MMJ CONTRACTING, INC. AND AWARDING A CONSTRUCTION CONTRACT TO CALIFORNIA COMMERCIAL POOLS, LNC. FOR THE BRENDA VILLA AQUATIC CENTER POOL FILTRATION SYSTEM REPLACEMENT PROJECT AND AUTHORIZING CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES BY TRANSTECH ENGINEERS, INC. PURSUANT TO THEIR ON-CALL PROFESSIONAL CONSULTING SERVICES AGREEMENTS WHEREAS, on February 6, 2023, staff advertised the construction bid package for the Brenda Villa Aquatic Center (BVAC) Pool Filtration System Replacement Project (“Project”); and WHEREAS, in response to the solicitation for bids, three (3) bids were submitted to the City and the City conducted the Bid Opening on March 2, 2023; and WHEREAS, MMJ Contracting, Inc. submitted the lowest bid with a base bid of $419,800; and WHEREAS, pursuant to the due diligence of each bid conducted by the City, it was determined that MMJ Contracting, Inc.’s bid failed to list three similar projects conducted within the last five (5) years as required by the bid documents. MMJ Contracting, Inc. was provided notice of the City’s intent to find MMJ Contracting, Inc. non-responsible for a lack of relevant experience, and the City’s conducted a virtual meeting held on March 28, 2023, where MMJ Contracting, Inc. was afforded an opportunity to address the City’s concerns and/or present evidence on similar projects. After the meeting, MMJ Contracting, Inc. was provided an opportunity to submit additional evidence bearing on a potential finding of non-responsibility. However, MMJ Contracting, Inc. has not submitted any additional materials to the City for consideration as of the date of this Resolution; and WHEREAS, based on the bid analysis and due diligence conducted by the City, the next lowest responsive and responsible bidder is California Commercial Pools, lnc. with a base bid of $441,700; and WHEREAS, on January 17, 2023 staff presented to the Measure AA Advisory Committee (MAA) projects needing additional funding including the BVAC Filtration and UV System Project. MAA, at that meeting, recommended Council consideration of an additional $450,000 to supplement the previously approved budget of $134,592 to cover the costs of the project per recent bid results; and WHEREAS, staff is recommending award of a construction contract to California Commercial Pools, lnc. in the amount of $441,700; and WHEREAS, staff recommends approval of up to 15% of construction contract for Project Contingencies; and WHEREAS, staff recommends that Transtech Engineers be authorized to provide construction management and inspection services pursuant to their existing on-call agreement for consultant services; and WHEREAS, the total estimated cost of this project including construction contract, contingencies, construction management, and inspection services is $558,750; and WHEREAS, Measure AA Funds in the amount of $134,592 was previously budgeted and an additional $450,000 is needed to cover the total Project cost.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMMERCE DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
Section 1. The City Council of the City of Commerce hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. MMJ Contracting, Inc., is hereby determined to be a non-responsible bidder for the BVAC Pool Filtration System Replacement Project based on the bid analysis and due diligence conducted by the City and the information provided in recitals above and the corresponding Agenda Report, and therefore MMJ Contracting, Inc.’s bid is rejected.
Section 3. Award a construction contract to California Commercial Pools, lnc., as the lowest responsive and responsible bidder, for the BVAC Pool Filtration System Replacement Project in the amount of $441,700 is hereby awarded and authorize the Mayor to execute the contract in a form approved by City Attorney.
Section 4. Authorize construction contingencies of up to $66,255 (15% of construction contract) for unforeseen conditions is hereby authorized.
Section 5. Authorize Construction Management and Inspection Services for up to $50,795.50 (10% of the total Construction Contract and Contingencies).
Section 6. Authorize Transtech Engineers, Inc. to proceed with Construction Management and Inspection pursuant to their existing on-call agreement for consultant services.
Section 7. Allocate Measure AA Funding in the amount of $450,000.
Section 8. The Project is categorically exempt from the California Environmental Quality Act (“CEQA”) under Section 15301, Class 1 of the CEQA Guidelines consisting of repair, maintenance or minor alteration of existing structures, facilities, or mechanical equipment involving negligible or no expansion of existing or former use, including interior or exterior alteration involving plumbing.
Pursuant to CEQA, the City Council finds and determines there is no substantial evidence that the Project could have a significant effect on the environment. The City Council in its independent judgment finds that there is no possible significant effect directly related to the Project because the Project consists of the removal and replacement of the 7 filters and ultraviolet (UV) system at the BVAC competition swimming pool includes removal and disposal of 7 tank filtration systems, installation of 7 new tank filtration systems, reconnection to existing piping, electrical connections, and new UV system where there is negligible or no expansion of the use. The City Council finds that the Project will not cause any physical change in the environment, that the Project is categorically exempt from CEQA under Administrative Code, Title 14, Chapter 3, § 15301, Class 1, Existing Facilities, and therefore no further action is required under CEQA.
Section 9. Authorize the Mayor to execute this Resolution for and on behalf of the City of Commerce.
Section 10. This Resolution shall take full force and effect immediately upon adoption by the City Council.
PASSED, APPROVED and ADOPTED this 25th day of April 2023.
Hugo Argumedo, Mayor
ATTEST:
Lena Shumway, City Clerk