CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
TO: Honorable City Council
FROM: City Manager
SUBJECT: Award Construction Contract to California Commercial Pools, Inc. for the Brenda Villa Aquatic Center Pool Filtration System Replacement Project Meeting Date: April 25, 2023
RECOMMENDATION
The City Council will consider:
Adopting a Resolution rejecting the bid of MMJ Contracting, Inc. and awarding a construction contract to California Commercial Pools, Inc. 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.
Make a finding and determination that the Brenda Villa Aquatic Center Pool Filtration System Replacement Project is exempt from further CEQA review pursuant to Administrative Code, Title 14, Chapter 3, Section 15301, Class 1, because the Project consists of replacement of filtration system where there will be negligible or no expansion of the existing use.
Appropriating $450,000 of Measure AA funds to cover the costs of the project.
BACKGROUND
The Brenda Villa Aquatic Center (BVAC) competition swimming pool has 7 filters and an ultraviolet (UV) system that has exceeded their life expectancy of 20 years and require replacement. The filters are an essential component of the pool to secure high sanitation standards and prevention of transmission of infectious waterborne viruses. They can remove more than 99% of unwanted particles, leading to significantly improved water quality. UV is very important for indoor pools as it destroys the combined chlorine that builds up. It uses the power of ultraviolet light to lower the chemical content and eliminate chlorine byproducts making pools safer, healthier and easier to maintain. UV pools systems destroy pathogens that enter your water and reduce the need for chemicals.
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.
ANALYSIS
On February 6, 2023, staff advertised the bid package for the BVAC Pool Filtration System Replacement Project. The following three (3) bids were received by the City at the Bid Opening held on August 24, 2022. A copy of the bid tabulation is attached:
BASE BID SCHEDULE
BID RANKING
Low Bidder
Second Low Bid
Third Low Bid
MMJ Contracting, Inc.
California Commercial Pools, lnc.
California Waters Development Inc., dba California Waters
TOTAL BASE BID AMOUNT
$419,800.00
$441,700.00
$509,473.04
As required by the California Public Contract Code, staff specified in the Bid Specifications that the award of contract will be to the lowest responsive and responsible bidder as determined solely by the City. Furthermore, the City reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of sixty (60) calendar days. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. Among other requirements, the bid solicitation documents clearly requested that the bidder list three public agencies for which the bidder has performed similar work within the past five years.
As shown in the above bid tabulation, MMJ Contracting, Inc. (MMJ) submitted the lowest base bid. However, as a part of the bid analysis, it was determined that the projects listed as reference for three public agencies were not similar to the current Project as required by the bid solicitation documents. Upon checking with references associated with the three listed projects, staff learned that none of the projects involved any swimming pool projects. The outcome of said reference check is attached. Subsequently, upon consultation with the City Attorney’s Office, MMJ was informed about the City’s findings and through a scheduled virtual meeting held on March 28, 2023, was afforded an opportunity to address the City’s concerns and/or present evidence that MMJ is qualified to perform the scope of work per the bid documents. Additionally, MMJ was provided an opportunity to submit additional public agency projects which involve swimming pool filtration system replacement or similar projects for the City to consider. MMJ agreed to provide the information. However, as of the deadline of this report, staff did not receive any additional documents from MMJ. As a result, MMJ was deemed to be a non-responsible bidder as its bid submission did not indicate that MMJ possessed the requisite experience required by the bid solicitation documents.
Staff conducted a bid analysis for the second lowest bidder, California Commercial Pools, lnc., and verified their California contractor’s licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references. Based on the bid analysis, California Commercial Pools, lnc. was found to be the lowest responsive and responsible bidder. The bid analysis completed by staff is attached for reference.
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. Staff recommends that City Council adopt the attached Resolution which in summary does the following:
Finds that MMJ is not a responsible bidder based on the evidence in this report and rejects MMJ’s bid.
Approves a construction contract with California Commercial Pools, lnc., as the lowest responsive and responsible bidder, for the BVAC Pool Filtration System Replacement Project in the amount of $441,700.00.
Authorizes up to 15% of the construction contract for construction contingency for unforeseen conditions.
Authorizes up to 10% of the total construction contract and contingencies for Construction Management and Inspection Services.
Authorizes Transtech Engineers, Inc. to proceed with Construction Management and Inspection Service, pursuant to their existing on-call agreement for consultant services.
Appropriates $450,000 of Measure AA funds.
Furthermore, staff recommends that the City Council finds that the Project is Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act (“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.
Following is a summary of the project cost:
Bid Amount to be Awarded
$441,700.00
Project Construction Contingencies (15%)
$66,255.00
Subtotal
$507,955.00
Construction Management, Inspection (10%)
$50,795.00
Total Project Cost
$558,750.00
FISCAL IMPACT
The total estimated cost of this project including construction contract, contingencies, construction management, and inspection services is $558,750. City Council preciously appropriated $134,592 of Measure AA funds. At this time, an additional $450,000 appropriation is needed and recommended by the Measure AA Advisory Committee to cover the costs of the project.
ALTERNATIVES:
Approve recommendation
Reject recommendation
Provide staff with further direction
RELATIONSHIP TO STRATEGIC GOALS:
This agenda item relates to the 2016 Strategic Plan, Infrastructure and Facilities:
Guiding Principle 4: Develop and invest in infrastructure and beautification projects that support economic growth Respectfully submitted: Edgar P. Cisneros, City Manager Recommended by: Gina Nila, Department of Public Works
Reviewed by: Vilko Domic, Assistant City Manager
Approved as to form by: Noel Tapia, City Attorney
ATTACHMENTS:
Resolution
Bid Analysis
Construction Contract - California Commercial Pools, lnc.