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ADOPT RESOLUTION TO AUTHORIZE THE AQUATIC FACILITIES RENOVATIONS - VICTORY PARK POOL
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Relieve Tricon Construction, Inc., the apparent low bidder, of their bid due to an administrative error in their bid documents in accordance with Chapter 5 of the California Public Contract Code.
2. Approve the plans and specifications for the Aquatic Facilities Renovations - Victory Park Pool, Project No. CR18020.
3. Award a Construction Contract in the amount $7,355,000 to CWS Construction Group, Inc. of Novato, CA, for the Aquatic Facilities Renovations - Victory Park Pool, Project No. CR18020.
It is 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
Victory Park is located on the west side of Pershing Avenue between Acacia Street and Picardy Drive and measures over 22 acres (Attachment A). The Aquatic Facilities Renovations - Victory Park Pool project will demolish the existing pool and restroom/mechanical building and replace it with a new pool, spray-ground, restroom/mechanical building, and parking lot. The existing basketball court will also be demolished, and a new one will be constructed east of the existing tennis ball court.
This project was included in the 2020-25 Five-Year Capital Improvement Plan (CIP) with project funding from Measure M Strong Communities funds, SB129, and SB179 grant funds.
On August 15, 2024, the City received three construction bids for the Aquatic Facilities Renovations - Victory Park Pool project. Tricon Construction, Inc., the apparent low bidder, requested to withdraw their bid due to an administrative error in their bid documents (Attachment B). Staff, with concurrence of the City Attorney’s Office, recommends Council relieve Tricon Construction, Inc. of their bid in accordance with Chapter 5, Relief of Bidders, of the California Public Contract Code. It is recommended that Council adopt a resolution approving the plans and specifications for the project and awarding a Construction Contract to the second lowest responsible bidder, CWS Construction Group, Inc. in the amount of $7,355,000.
Construction is anticipated to be completed by summer 2025.
DISCUSSION
Background
Victory Park is located on the west side of Pershing Avenue between Acacia Street and Picardy Drive (Attachment A). Victory Park measures over 22 acres and includes the Haggin Museum and rose garden, a basketball court, baseball diamonds, tennis courts, a children’s playground, Fire Station No. 6, and a swimming pool. The current swimming pool has been closed since 2013 due to building code deficiencies and repairs exceeding replacement costs. The existing pool site will be demolished, and a new swimming pool, spray-ground, restroom/mechanical building, and parking lot will be constructed in its place. The existing basketball court will also be demolished, and a new one will be constructed east of the existing tennis ball court.
This project was included in the 2020-25 Five-Year CIP with project funding from Measure M Strong Communities funds, SB129, and SB179 grant funds.
On May 24, 2022, by Motion No. 2022-05-24-1221, Council awarded a Professional Services Contract to Studio W Architects of Sacramento, CA, for design of the Aquatic Facilities Renovation and Replacement - Victory Park Pool, Project No CR18020. Final construction documents were completed by June 2024.
On April 18, 2023, by Resolution No. 2023-04-18-1209-02, Council approved Notice of Exemption No. NOE03-23 under the California Environmental Quality Act for the Aquatic Facilities Renovations - Victory Park Pool, Project No. CR18020.
On June 4, 2024, by Motion No. 2024-06-04-1213, Council approved the establishment of a Pre-Qualified Construction Contractor Bidders List which consisted of four construction companies and awarded a Professional Services Contract to Roebbelen Construction Management Services, Inc. for construction management services for the Aquatic Facilities Renovations - Victory Park Pool, Project No. CR18020.
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was applied to this project as the estimated construction cost is over $1 million.
Present Situation
On August 15, 2024, three of the four pre-qualified contractors submitted a bid with the following results:
COMPANY NAME BID AMOUNT
Tricon Construction, Inc. (Rancho Cordova, CA) $6,900,000
CWS Construction Group, Inc. (Novato, CA) $7,355,000
AMG & Associates, Inc. (Santa Clarita, CA) $7,979,000
Engineer’s Estimate $6,491,512
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order.
Tricon Construction, Inc., the low bidder, made an administrative error in their bid by not including the cost for certain concrete scope of work. Consequently, Tricon Construction, Inc. has requested to withdraw their bid (Attachment B). Under the California Public Contract Code, the awarding body may relieve a bidder of their bid if a mistake was made and it resulted in the bid from being materially different from what was intended. Staff recommends, with concurrence of the City Attorney’s Office, Council relieve Tricon Construction, Inc. of their bid.
The bid from the second lowest responsible bidder, CWS Construction Group, Inc., is regular in all respects. It is recommended that Council adopt a resolution approving the plans and specifications for the project and awarding a Construction Contract to the second lowest responsible bidder, CWS Construction Group, Inc., of Novato, CA, in the amount $7,355,000 for the Aquatic Facilities Renovations - Victory Park Pool, Project No. CR18020. Construction is anticipated to be completed by summer 2025.
FINANCIAL SUMMARY
There is sufficient funding available to award a Construction Contract in the amount of $7,355,000 to CWS Construction Group, Inc. for the Aquatic Facilities Renovations - Victory Park Pool, Project No. CR18020.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
Attachment B - Tricon Construction, Inc.’s Bid Withdrawal Letter