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ADOPT A RESOLUTION AND RATIFY THE EMERGENCY CONSTRUCTION CONTRACT FOR THE VAN BUSKIRK BUILDING DEMOLITION PROJECT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE12-24 under the California Environmental Quality Act for the Van Buskirk Building Demolition, Project No. WP24025.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. Approve findings and ratify the City Manager’s approval to execute an Emergency Construction Contract to W.C. Maloney, LLC of Stockton, CA, in the amount of $114,550, for the Van Buskirk Building Demolition, Project No. WP24025.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
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Summary
The Van Buskirk Golf Course ceased operations in 2019 and has remained closed to the public. Since the closure, there have been multiple fires at the property, including two in 2023. Due to the threat to City property and public health and safety, Public Works executed an Emergency Construction Contract with W.C. Maloney, LLC of Stockton, CA, in the amount of $114,550 for the Van Buskirk Building Demolition, Project No. WP24045.
The contract was processed in accordance with the provisions of Stockton Municipal Code (SMC) section 3.68.070(B), which provides an exception to the competitive bidding process under cases of emergencies. SMC section 3.68.070(B) requires that a written report, including findings upon which the emergency was based, be provided to Council no later than its next regularly scheduled Council meeting.
Staff recommends award of the Emergency Construction Contract to the lowest responsive bidder, W.C. Maloney, LLC, in the amount of $114,550. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE12-24 under the California Environmental Quality Act (CEQA). Demolition is anticipated to be completed by the end of August 2024.
DISCUSSION
Background
The 214-acre municipal course was in operation for over 60 years before it closed in 2019. It is located between Houston Avenue and the levees of the San Joaquin River and French Camp Slough. The Van Buskirk family gave the property to the City, provided it is used only for recreation purposes.
Even after its closure in 2019, the City is still responsible for the maintenance of the property. The City continues to mow the property to reduce the risk of fires spreading to the surrounding homes, Van Buskirk Community Center, and the Municipal Utilities District Pump Station. The City repairs vandalism to the fence and removes illegally dumped trash. The buildings on the property have been continually vandalized even after being boarded up and are beyond repair. In the summer of 2023, the former maintenance building was burned in a fire that burned several acres close to the Van Buskirk Community Center. In November 2023, the clubhouse and cart storage buildings were burned in two separate incidents.
On May 2, 2023, by Resolution No. 2023-05-02-1502, Council allocated funding for Council-prioritized projects, including $300,000 for the demolition of the buildings at Van Buskirk Golf Course. In the summer of 2023, Public Works’ staff initiated a project to demolish the buildings. Due to multiple fires, the risk to City property, and the threat to public health and safety, Public Works’ staff accelerated the project.
Present Situation
On December 5, 2023, the Van Buskirk Building Demolition, Project No. WP24025, was advertised for bids. On December 21, 2023, two bids were received with the following results:
COMPANY NAME BID AMOUNT
W.C. Maloney, LLC $109,550
(Stockton, CA)
Jim Thorpe Oil, Inc. $248,800
(Lodi, CA)
After the bids were opened, Public Works’ staff found it was necessary to expand the scope of work to include utility coordination as part of the project. W.C. Maloney, LLC submitted a revised bid in the amount of $114,550 to include the utility coordination with PG&E.
The project is statutorily exempt from the requirements of CEQA as specified under Section 15301(I)(4) of the CEQA Guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. This resolution will approve the filing of Notice of Exemption No. NOE12-24 under CEQA.
The demolition of the buildings at the former golf course will be completed by the end of August 2024. Public Works’ staff is completing the closeout of the Construction Contract with W.C. Maloney, LLC.
It is recommended that Council adopt a resolution ratifying the City Manager’s approval to execute an Emergency Construction Contract to W.C. Maloney, LLC of Stockton, CA, in the amount of $114,550, for the Van Buskirk Building Demolition, Project No. WP24025.
Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. Abandoned lots and structures are a hazard that could adversely affect public health, safety, and welfare.
2. Failure to undertake emergency construction of the Van Buskirk Building Demolition project would have resulted in significant liability for the City.
3. W.C. Maloney, LLC was selected as the most qualified construction contractor given the following:
• Experienced local demolition contractor;
• The contractor was responsive and could start work upon the City’s issuance of a Notice to Proceed; and
• W.C. Maloney, LLC submitted the lowest responsive bid and possessed the necessary licenses to perform the work.
FINANCIAL SUMMARY
There are sufficient funds available in the Van Buskirk Building Demolition, Project No. WP24025, to award a Construction Contract to W.C. Maloney, LLC in the amount of $114,550 for the Van Buskirk Building Demolition, Project No. WP24025.
There is no impact to the City's General Fund or any other unrestricted fund as a result of taking the recommended actions.