Item 181/2025
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: John Montanchez
Dept:
City Manager Dept: Community Services
Date: 5/27/2025
Subject: Award a contract to Act 1 Construction, Inc. for the Woodbury Park Revitalization and Expansion Project IFB No. S-1340. (Cost: $10,992,000)(Action Item)
OBJECTIVE
To request that the City Council award a contract for the Woodbury Park Revitalization and Expansion Project IFB No. S-1340 to Act 1 Construction, Inc.
BACKGROUND
On March 14, 2025, pursuant to Municipal Code Section 2.50.100, staff solicited bids for the Woodbury Park Revitalization and Expansion Project IFB No. S-1340.
The project includes a full park reconstruction across approximately 3.8 acres and features a new 25-meter, six-lane swimming pool, two playground area, skate plaza, outdoor fitness equipment, basketball courts, park restrooms, a pool house building, lighting, landscaping, and a new parking lot.
DISCUSSION
On May 6, 2025, six (6) bids were recei ved and opened by the City Clerk’s office at 11:00 a.m. On May 19, 2025, staff notified the lowest bidder, Horizons Construction Company that their bid proposal was found unresponsive as there were several bid irregularities identified by the City, and additional irregularities identified by the protest filed by Act 1 Construction, Inc. The City’s correspondence with Horizons Construction Company, along with its bid, is attached as Attachment 1. Act 1 Construction’s protest letter is attached as Attachment 2.
State law provides that bids that do not conform to the Invitation for Bids must be rejected as nonresponsive unless the City Council determines that the irregularities are inconsequential, do not affect the bid price, and do not give the bidder a c ompetitive advantage over the other bidders. Staff’s independent review of Horizons Construction Company’s bid has concluded that waiving the irregularities in their bid would give Horizons Construction Company a competitive advantage over the other bidders given the number and breadth of irregularities in their bid.
Item 181/2025
Staff proceeded to review the bid documents submitted by the second lowest contractor, Act 1 Construction, Inc., with a total bid of $10,393,088, and the bid alternate item 2A additional cost of $598,912 for the LSI play equipment, for a project total bid amount of $10,992,000.
The licenses and references of the contractor have been reviewed and verified by staff, and all other documentation is in order.
If approved, the contract schedule would start in June 2025, with completion anticipated by March 2026.
FINANCIAL IMPACT
The Woodbury Park Revitalization and Expansion Project is included in the adopted Community Services Five -Year Capital Improvement Plan . The Project is funded by the Proposition 68 Statewide Park Development and Community Revitalization Grant funds and Park Fee funds. There is no financial impact to the City’s General Fund.
RECOMMENDATION
It is recommended that the City Council:
Reject Horizons Construction Company’s bid as unresponsive; and Award a contract for the Woodbury Park Revitalization and Expansion Project IFB No.
S-1340, in the amount of $10,992,000, to Act 1 Construction, Inc.; and Authorize the City Manager, or designee, to execute the agreement on behalf of the City, and make minor modifications as appropriate.
By: Janet Pelayo, Deputy Director
ATTACHMENT(S)
Attachment 1. Bid and Correspondence with Horizons Construction Company Attachment 2. Act 1 Construction, Inc. Protest Letter
Attachment 3. Construction Contract - Act 1 Construction, Inc.