HomeMy WebLinkAbout5B OCRCity Council Staff Re{Jort
DATE: October 8, 2020 NEW BUSINESS
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO JOHN BEAN
TECHNOLOGIES CORPORATION, A DELAWARE CORPORATION, IN
THE AMOUNT OF $7,042,945 FOR THE AIRPORT PASSENGER
BOARDING BRIDGES, CITY PROJECT NO. 19-34
FROM:
BY:
SUMMARY:
David H. Ready, City Manager
Development Services Department
Approval of this item will allow staff to proceed with the Airport Passenger Boarding
Bridges, City Project 19-34 with an estimated construction cost of $7,042,945. This
project will remove and replace eight passenger boarding bridges with new passenger
boarding bridges to provide a high level of service through efficient operation and
enhanced aesthetics.
This item is being presented as this time as it is 100% funded by a Federal Aviation
Administration Airport Improvement Program (AIP) grant. No General Fund or Measure
J Funds are required for this project.
RECOMMENDATIONS:
1. Uphold the City Engineer's decision to reject the bid protests submitted by AERO
Bridgeworks, Inc. and Thyssenkrupp Airport Systems, Inc., reject the bids submitted
by American Steel Builders California, Inc., Thyssenkrupp Airport Systems, Inc., and
AERO Bridgeworks, Inc .. as non-responsive to t_he bid specifications, and waive any
irregularities in the apparent responsive and responsible low bid submitted by John
Bean Technologies Corporation, a Delaware Corporation; and
2. Award a construction contract (Agreement No. ___ ) to John Bean Technologies
Corporation, a Delaware Corporation, in the amount of $7,042,945 for Airport
Passenger Boarding Bridges, City Project No. 19-34; and,
3. Delegate authority to the City Manager to approve and execute construction contract
change orders up to $176,055 with all change orders reported to the City Council; and
4. Authorize the City Manager to execute all necessary documents.
17EM NO. 5 ,E'2 -·.-
2City Council Staff Report October 8, 2020 --Page 2 Award Construction Contract for CP 19-34 Airport Passenger Boarding Bridges BUSINESS PRINCIPAL DISCLOSURE: The Public Integrity Disclosure Forms from John Bean Technologies Corporation are included as Attachment 1. BACKGROUND: Passenger boarding bridges ( or "PBBs") are enclosed passageways consisting of multiple glass or steel tunnels equipped with a hydraulic or electromechanical elevation system that extends or retracts in a telescope type fashion; from an articulating mount fastened to the airport terminal gate to an aircraft to allow passengers to safely board or disembark an aircraft without exposure to the outside environment, and to enhance access for passengers with disabilities or mobility impairments. The Airport Passenger Boarding Bridges, City Project No. 19-34, (the "Project"), will replace the existing PBBs that have exceeded their service life, upgrade operating components and improve passenger convenience, security and safety during enplanement and deplanement. On July 23, 2020, the City Council authorized City staff to approve acceptance of the Federal Aviation Administration (FAA) Airport Improvement (AIP) Grant #58, reject all bids received on June 23, 2020 and re-bid the Project. A copy of the staff report is included as Attachment 2. STAFF ANALYSIS: On July 30 and August 1, 2020, Staff advertised the Project for bids in the Desert Sun, submitted the Notice Inviting Bids to plan rooms 1, and provided the contract documents free of charge to prospective bidders. On September 1, 2020 at 3:00 p.m., the Procurement and Contracting Division received four (4) bids from the following contractors as identified in Table 1: Company Location Bid Amount American Steel Builders California, Inc. Indianapolis, IN $6,623,675* Thyssenkrupp Airport Systems, Inc. Fort Worth, TX $6,885,000* AERO BridQeWorks, Inc. Marietta, GA $6,932,500* John Bean Technologies Corporation Ogden,UT $7,042,945 Table 1 *These bids were determined as non-responsive for failure to submit a bid in compliance with the specifications. 1 A Plan Room is a "library" where contractors can freely view bidding documents (plans and specifications) for public works projects. There are 10 various plan rooms in southern California where the City submits its bid documents to ensure all contractors within the area are aware of the City's bid solicitation.
3City Council Staff Report October 8, 2020 --Page 3 Award Construction Contract for CP 19-34 Airport Passenger Boarding Bridges John Bean Technologies Corporation (JBTC) submitted the lowest responsive bid at $7,042,945, which is higher than the engineer's estimate of $6,670,000. In reviewing the bid, Staff identified the cost to upgrade power requirements at the airport to accommodate the new units as driving the total project cost higher than estimated. In addition, Staff identified two minor irregularities in JBTC's bid. The first irregularity was the failure to submit the requested third-party test results confirming National Fire Protection Associated (NFPA) compliance along with the requested NFPA certification documentation. Staff notes that no bidder submitted this requirement, however, Staff has determined that verification of NFPA compliance will confirm satisfactory test results. The second irregularity was that the City's technical specifications required the new PBB's to withstand up to 140°F; however, the industry standard is a maximum of 125°F. Given these facts, Staff recommends the minor bid irregularities be waived. Non-Responsive Bids Staff reviewed all of the bids received and determined the apparent lowest three bids received were deficient and non-responsive. On September 17, 2020, Staff, in consultation with the City Attorney's office, issued notices of intent to reject the bids received from American Steel Builders California, Inc. (ASBC); Thyssenkrupp Airport Systems, Inc., (TAS); and AERO BridgeWorks, Inc., (AERO). The notice of intent to reject the bid from ASBC was based on their inability to meet the minimum requirements for structural live load and roof loads for the PBB's, and for excluding the required upgrading electrical power and upsizing pre-conditioned air units (PCAs) as required by the project specifications. The notice of intent to reject the bid from TAS was based on their failure to include pricing for the fixed walkway refurbishment scope of work as part of their total base bid schedule as required by the specifications. The notice of intent to reject the bid from AERO was based on their exclusion of the electrical power upgrades scope of work, which in lieu of the upgrades, contained a material deviation from the bid specification requirements. Staff recommends that the bids received from ASBC, TAS, and AERO be determined as non-responsive. Copies of the notices of intent to reject these bids are included as Attachment 3. Bid Protest Section 7.08.030 "Bid Protests" of the Palm Springs Municipal Code (PSMC) provides bidders an opportunity to protest the City's consideration of award to the apparent low bidder, by filing a written protest within five working days of bid opening. The City's bid protest procedure emphasizes that "The purpose of the bid protest procedures in this Section is to protect the public interest. The bid protest procedures are not intended to
4City Council Staff Report October 8, 2020 --Page 4 Award Construction Contract for CP 19-34 Airport Passenger Boarding Bridges give losing bidders an opportunity to evaluate the bid or proposal of the winning bidder to have the award of contract overturned to secure the award of contract for itself." On September 18, 2020, AERO submitted a timely bid protest alleging that their bid included the complete electrical scope within their bid package. · The City Engineer, in consultation with the City Attorney's office, reviewed AERO's bid protest, completed an independent legal analysis, and determined the bid protest was without legal merit. The City Engineer issued his decision to reject the bid protest and issued a written decision on September 23, 2020. As of October 1, 2020, AERO did not submit an appeal of the City Engineer's determination to the City Manager. AERO's bid protest and the City's bid protest response is included as Attachment 4. On September 24, 2020, TAS submitted a timely bid protest alleging that their bid included the complete refurbished walkway and acknowledged that a clerical error was made and as a result there was insufficient NFPA certification documentation in their bid submission. The City Engineer, in consultation with the City Attorney's office, reviewed TAS's bid protest, completed an independent legal analysis, and determined the bid protest was without legal merit. The City Engineer issued his decision to reject the bid protest and issued a written decision on September 28, 2020. As of October 1, 2020, TAS did not submit an appeal of the City Engineer's determination to the City Manager. TAS's bid protest and the City's bid protest response is included as Attachment 5. The City did not receive a bid protest from ASBC. As a matter of public record, Staff recommends the City Council formally uphold the City Engineer's decision to reject the bid protests filed by AERO and TAS; to determine the bids submitted by ASBC, TAS, and AERO as non-responsive; and waive any irregularities in the low bid submitted by JBTC, and award a construction contract to JBTC. Bid Analysis Staff reviewed all bid documents submitted by the apparent low bidder and determined that JBTC complies with the instructions to bidders and has submitted the lowest responsive and responsible bid. A check on references found they have successfully completed similar projects at the Denver International Airport, Atlanta Hartsfield-Jackson International Airport, and the Salt Lake City International Airport. Staff recommends that the City Council award a construction contract to JBTC; a copy of the agreement is included as Attachment 6. Public Works Contractor Registration Law (SB 854) Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854 (2014), unless registered with the State of California Department of Industrial Relations (DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for
5City Council Staff Report October 8, 2020 --Page 5 Award Construction Contract for CP 19-34 Airport Passenger Boarding Bridges public works projects on or after March 1, 2015. Similarly, a public entity cannot award a public works contract to a non-registered contractor, effective April 1, 2015. Staff has reviewed the DIR's contractor registration database, and has confirmed that JBTC and their listed subcontractors are registered with the DIR and are appropriately licensed. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities", Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Therefore, in accordance with Section 15301 (b), Staff has determined that the Airport Passenger Boarding Bridges Project, City Project 19-34, is considered categorically exempt from CEQA and a Notice of Exemption will be prepared and filed with the Riverside County Clerk. FISCAL IMPACT: The Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law by the President on March 27, 2020, increased the federal share to 100% for Airport Improvement Program (AIP) and supplemental discretionary grants already planned for fiscal year 2020. Under general circumstances, AIP grant recipients must contribute a matching percentage of the total project costs. The Cares Act provided additional funding and eliminated the local share allowing for the project to be fully funded by a Federal Aviation Administration AIP Grant. On July 6, 2020, airport staff and the Federal Aviation Administration (FAA) established a multi-year grant, AIP Grant #58, to provide full funding for eight new passenger boarding bridges with added accessories and spare parts, and a new runway sweeper for a total funding allocation of $7,919,014. Of the total funding allocation, $7,219,000 is available for the passenger boarding bridges project. The construction cost for this project is $7,042,945 for new passenger boarding bridges. The remaining $176,055 is to be utilized for construction contingency and the purchase of spare parts. This Project is 100% funded by the FAA AIP Grant #58. No General Fund or Measure J Capital Funds are required for the Project.
6City Council Staff Report October 8, 2020 --Page 6 Award Construction Contract for CP 19-34 Airport Passenger Boarding Bridges SUBMITTED: ~-9 .. / Flinn Fagg, AICP ~ Director of Development Services '< < David H. Ready, Ph.D. City Manager Attachments: 1. Public Integrity Disclosure Forms 2. Staff Report -July 23, 2020 3. Non-Responsive Letters 4. AERO Bid Protest 5. Thyssenkrupp Bid Protest 6. Construction Agreement-John Bean Technologies Corporation
7Attachment 1
81. Name of Entity PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM John Bean Technologies Corporation 2. Address of Entity (Principle Place of Business) 70 West Madison Street, Suite 4400, Chicago IL 60602 3. Local or California Address (if different than #2) 4. State where Entity is Registered with Secretary of State Delaware If other than California, is the Entity also registered in California?~ Yes D No 5. Type of Entity [8] Corporation D Limited Liability Company D Partnership D Trust D Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity __________________ [8] Officer D Director D Member D Manager [name] D General Partner D Limited Partner SEE NEXT PAGE •Other ____________ _ __________________ D Officer D Director D Member D Manager [name] D General Partner D Limited Partner •Other ____________ _ __________________ D Officer D Director D Member D Manager [name] (Revised 05/16/19) D General Partner D Limited Partner •Other ____________ _ CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2
9John Bean Technologies Corporation 1805 West 2550 South Ogden UT 84401-3396 USA Phone:801-627-6600 EIN: 91-1650317 OFFICERS OF THE CORPORATION NAME ADDRESS PHONE/EMAIL TITLE Thomas W. Giacomini 70 W. Madison, Ste. 4400 312-861-5885 Chairman, President & Chicago, IL 60602 Tom.Giacomini@jbtc.com CEO 70 W. Madison, Ste. 4400 312-861-5887 Executive Vice President Brian A. Deck and Chief Financial Chicago, IL 60602 Brian.Deck@jbtc.com Officer 70 W. Madison, Ste. 4400 312-861-5935 Executive Vice David C. Burdakin President and Chicago, IL 60602 David.burdakin@jbtc.com President, JBT AeroTech James L. Marvin 70 W. Madison, Ste. 4400 312-861-5886 EVP General Counsel & Chicago, IL 60602 James.marvin@jbtc.com Secretary Jason T. Clayton 70 W. Madison, Ste. 4400 312-861-5733 EVP Human Resources Chicago, IL 60602 Jason.clayton@jbtc.com Megan J. Rattigan 70 W. Madison, Ste. 4400 312-861-6048 Vice President, Investor Chicago, IL 60602 Megan.Rattigan@jbtc.com Relations and Controller Paul Sternlieb 70 W. Madison, Ste. 4400 312-861-5778 Executive Vice President Chicago, IL 60602 Paul.Sternlieb@jbtc.com and President, Protein 400 Fairway Ave. 863-499-0429 Executive Vice President Carlos Fernandez and President, Liquid Lakeland, FL 33801 Carlos.Fernandez@jbtc.com Foods 70 W. Madison, Ste. 4400 312-861-5787 Executive Vice Bryant Lowery President and Chief Chicago, IL 60602 Bryant.Lowery@jbtc.com Procurement Officer The officers of John Bean Technologies Corporation do NOT own nor have investments of 5% or more of the business. Revised: SEPT 2020 Page 1 of 1 PROPRIETARY AND CONFIDENTIAL
107. Owners/Investors with a 5% beneficial interest in the Aoolicant Entitv or a related entity EXAMPLE JANEOOE 50%, ABC COMPANY, Inc. [name of owner/investor] (percentage of beneficial interest in entity and name of entity] A. BlackRock Fund Advisors 13.70%, John Bean Technologies [name of owner/investor] [percentage of beneficial interest in entity and name of entity) B. The Vanguard Group, Inc. 10.15%, John Bean Technologies [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. T. Rowe Price Associates, Inc. 8.06%, John Bean Technologies [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. iShares Core S&P Small Cap ETF 6.24%, John Bean Technologies [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. ArrowMark Colorado Holdings LLC 5.60% John Bean Technologies [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT TH FOREGOING IS TRUE AND CORRECT. Signature of Disclosing P Jeff Wheeler Controller, Jetway ----"" Date September 22, 2020 PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. (Revised 05/16/19) CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 2 of 2
11Attachment 2
12City Council Staff Ref)ort DATE: July 23, 2020 CONSENT CALENDAR SUBJECT: REJECT ALL BIDS RECEIVED FOR THE AIRPORT PASSENGER BOARDING BRIDGES PROJECT, AUTHORIZE STAFF TO RE-BID AIRPORT PASSENGER BOARDING BRIDGES, CITY PROJECT NO. 19-34 AND ACCEPT FEDERAL AVIATION ADMINISTRATION AIP GRANT #58 No. 3-060181-058-2020 FROM: David H. Ready, City Manager BY: Marcus Fuller, Assistant City Manager SUMMARY: This action will reject all bids received on June 23, 2020 for Airport Passenger Boarding Bridges, City Project No. 19-34, authorize staff to re-bid this project, and approve acceptance of the Federal Aviation Administration (FAA) Airport Improvement (AIP) grant required to fund the Airport Passenger Boarding Bridges project and to purchase other airport related equipment. RECOMMENDATION: 1. Reject the bids received on June 23, 2020 for the Airport Passenger Boarding Bridges, City Project No. 19-34; and 2. Authorize staff to re-bid the Airport Passenger Boarding Bridges, City Project No. 19-34, excluding the refurbishment option; 3. Accept the Federal Aviation Administration (FAA) Airport Improvement AIP Grant #58 in the amount of $7,919,014 for the Palm Springs International Airport (PSP); and 4. Authorize the City Manager to execute all necessary documents. BUSINESS PRINCIPAL DISCLOSURE: Not applicable. BACKGROUND: At the May 7, 2020 council meeting, the City Council approved the plans and specifications and authorized staff to bid the construction of the Airport Passenger Boarding Bridges Project. Staff presented the work to prospective bidders in separate bid schedules with the option to proceed with new (Bid Schedule A) or refurbished (Bid ITEM No ... J..._J __ _
13City Council Staff Report July 23, 2020 --Page 2 Award Construction Contract for Traffic Signals HSIP Cycle 7 Schedule B) passenger boarding bridges. Additive Bid Schedules were included to provide airport operations and maintenance staff options with added accessories to the passenger boarding bridges based on budget availability and airport needs. The additive bid schedules provide staff with the flexibility to choose which items to add to the contract. The basis of award was based on the total bid amount for Bid Schedule A and the collective total of items listed on Additive Bid Schedule A. A copy of the May 7, 2020 staff report is included as Attachment 1. On June 23, 2020, the Procurement and Contracting Division received four construction bids from the following contractors. Company Bid Schedule A Bid Schedule A Bid Schedule B Bid Schedule Bid Amount + Additive Bid Bid Amount B + Additive New Schedule A Refurbished Bid Schedule (Basis of B Award) Bid Amount Thyssenkrupp $6,280,698.00 $6,909,772.00 $7,207,000.00 $9,922,000.00 Airport Systems, Inc. AERO $6,470,000.00 $7,268,000.00 $5,192,000.00 $8,085,000.00 Bridgeworks, Inc. John Bean $6,219,138.00 $7,276,459.00 $4,710,926.32 $6,714,112.00 Technologies, Corporation American Steel $6,732,103.00 $7,453,678.00 $3,991,250.00 $5,426,932.00 Builders, California, Inc. The Engineer's estimate for the project as reported to the City Council on May 7, 2020 was $4,500,000 for refurbished passenger boarding bridges and $6,500,000 for new passenger boarding bridges. Revisions to the plans and specifications to proceed with new passenger boarding bridges with the inclusion of select accessories places the revised Engineer's estimate at $6,670,000. STAFF ANALYSIS: Passenger Boarding Bridges Staff evaluated the bid results and found that the cost difference between refurbished and new passenger boarding bridges do not warrant selecting refurbished passenger boarding bridges over new passenger boarding bridges. In addition, topics presented in amendments to the solicitation were of such magnitude that a new solicitation is desired. Staff revised the project specifications to remove the refurbishment option and incorporate the amendments to the original solicitation in the new solicitation. 2
14City Council Staff Report July 23, 2020 -Page 3 Award Construction Contract for Traffic Signals HSIP Cycle 7 The FAA had originally expected bid results to be made available by April 15, 2020. COVID-19 altered many details including the deadline for bids and after the Airport Passenger Boarding Bridges bid opening, staff anticipated that the necessary grant funds for the project were no longer available. As the bid results of the June 23, 2020 bid opening were shared with the FAA, the FAA actively collaborated with airport staff to establish a multi-year grant to provide full funding for eight new passenger boarding bridges with added accessories and spare parts for a total funding allocation of $7,219,014. Staff is recommending that the City Council reject the bids received and authorize staff to re-bid this project with revised specifications to satisfy the full funding grant provided by the FAA for new passenger boarding bridges. With City Council approval, Staff anticipates project advertisement in the Desert Sun newspaper, and access to bid documents free of charge for interested parties and prospective bidders. A copy of the contract documents is on file with the Engineering Services Department. The following tentative schedule has been identified tor· the advertisement and bid process: Notice Inviting Bids to be posted: Deadline for receipt of bids: Contract awarded by City Council: AIP Grant #58 July 27, 2020 August26,2020 September 17, 2020 The initial pre-application submitted to the FAA on December 31, 2019 included funding allocations for the following projects for a total of $5,100,000: Passenger Boarding Bridges (PBBs) Design Regional Terminal Pier Acquire Runway Sweeper Total $3,950,000 $500,000 $650,000 $5,100,000 As part of the airport's collaboration with the FAA to establish funding for the airport passenger boarding bridges project, on July 6, 2020, airport staff revised the request to the initial application to remove funding for the design of the Regional Terminal Pier. Airport staff found there to be no immediate need to design for adding capacity to the regional concourse at this time as a result of COVID-19 reduced airport passenger activity. The details of the July 6, 2020 revisions consist of the following: Passenger Boarding Bridges (PBBs) Acquire Runway Sweeper Total $7,219,000 $700,000 $7,919,014 3
15City Council Staff Report July 23, 2020 --Page 4 Award Construction Contract for Traffic Signals HSI P Cycle 7 The total funding allocation for passenger boarding bridges includes the $6,670,000 based on Engineer's estimate for new passenger boarding bridges, additional accessories, and the estimated cost for spare parts based on bids received on June 23, 2020. The cost for the runway sweeper was revised from $650,000 to $700,000 as a result of increased costs since the submission of the initial application to the FM for funding. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Therefore, in accordance with Section 15301 (b), Staff has determined that the Airport Passenger Boarding Bridges Project, City Project 19-34, is considered categorically exempt from CEQA and a Notice of Exemption will be prepared and filed with the Riverside County Clerk. FISCAL IMPACT: The Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law by the President on March 27, 2020, increased the federal share to 100% for Airport Improvement Program (AIP) and supplemental discretionary grants already planned for fiscal year 2020. Under general circumstances, AIP grant recipients must contribute a matching percentage of the total project costs. The Cares Act provided additional funding and eliminated the local share allowing for the project to be fully funded by a Federal Aviation Administration AIP Grant. The estimated cost for this project is $6,670,000 for new passenger boarding bridges and added accessories. AIP Grant #58 will provide funding for the Airport Passenger Boarding Bridges project and a new runway sweeper. These improvements will enhance safety, improve operating efficiencies and will significantly reduce maintenance costs. This project is funded solely by the FAA AIP Grant, with any additional funding budgeted and available in the Airport Capital Improvement Fund 416. No General Fund budget will be required. 4
16City Council Staff Report July 23, 2020 --Page 5 Award Construction Contract for Traffic Signals HSIP Cycle 7 SUBMITTED: Marcus L. Fuller, MPA, PLS, PE Assistant City Manager Attachment: 1. May 7, 2020 City Council Staff Report David H. Ready, ~ City Manager Attachment 1 is on file with the City Clerk. 5
17Attachment 3
18CITY OF PALM SPRINGS Development Services Department 3200 East Tahquitz Canyon Way• Palm Springs, California 92262 Tel: (760) 322-8380 • Fax: (760) 323-322-8360 • Web: www.palmspringsca.gov September 17, 2020 AERO Bridgeworks, Inc. 2700 Delk Road SE, Suite 150 Marietta, GA 30067 Via email: Jay.Grantham@aerobridgeworks.net Attention: Mr. Jay Grantham, President Subject: Airport Passenger Boarding Bridges Project, City Project No. 19-34 Notice of Intent to Reject Non-Responsive Bid Proposal Dear Mr. Grantham, The City of Palm Springs ("City") has reviewed AERO Bridgeworks, Inc. 's ("AERO") bid for the Airport Passenger Boarding Bridges project ("Project") and determined that the bid is non-responsive for failure to meet certain requirements in the bid specifications. City staff will recommend that the City Council reject AERO's bid as non-responsive and award the contract to the lowest responsible bidder submitting a responsive bid, John Bean Technologies Corporation, Jetway Systems. As a general rule, the City has the discretion to demand strict compliance with its solicitation requirements. (See Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175; Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal.App.4th 897; Konica Business Machines v. Regents of the University of California (1988) 206 Cal.App.3d 449.) Addendum No. 1 requires the bidder to upgrade all 400A breakers and wiring at the main breaker panel to 600A breakers. However, AERO's bid expressly excluded upgrading to 600A breakers. This does not comply with the clear instructions of the bid specifications and is a deviation that makes AERO's bid non-responsive. Based on the foregoing, City staff will recommend to the City Council at its meeting at 5:30 p.m. on October 8, 2020, to reject the bid submitted by AERO as non-responsive. The agenda for that meeting will provide instructions if AERO desires to participate in the meeting.
19CITY OF PALM SPRINGS Development Services Department 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 322-8380 • Fax: (760) 323-322-8360 • Web: www.palmspringsca.gov We thank you for your interest in this Project and look forward to your participation in future bidding opportunities. Should you have any questions regarding the foregoing, please contact the Project Manager, Art Cervantes at (760) 323-8253 ext. 8743. Sincerely, Joel Montalvo, MPA, P.E. Civil Engineer C 62624 Enclosure: Non-Responsive References
20Page2of3 following equipment-al of which are approved v.ithin the Bid Specifications -and we are happy to discuss In more detail; o John Bean Technologies (JBl) Passenger Boarding Bridge o ITW/GSE Hobart Ground Power Unit (GPU). ITW/GSE Powercoil 2400 o JTWJGSE Preconditioned Air (PCA) • Six (6) 60-Ton Units • Two (2) 90•Ton Units o Palm Springs Airport selection of Semfer Potable Water Cabinet (PWC) OR Pheonix P'NC o P&W Nova Bag Lift. US Patent #6676359 o P&W Nova Bag Slide. US Patent #6390757 • AERO BridgeWorks, Inc. Team has property licensed erectral, structural and mechanical engineers in the State of California. AERO also has full time rep,esentatives Hving nearby fn Los Angeles as well as other cities on the West Coast. ADDENDUM#1 AERO is in receipt of Addendum #1, received on August 26, 2020, which includes several questions related to 1he existing power service at each gate. The Addendum request., aft bidders to upgrade the existing 400A Service at six (6) gates to a 600A Serviat In Older to accommodate larger new PCA equipment However. the Addendum did not provide any further detail related to this request to upgrade six gates to 600A Service. In order to properly and accurately price this, AERO would need additional information related to the existing panels. existing conduit from panel to gate, what type of room / access I ceilng heights are between the electrical room and each gate, as well as where the electrical room is located in proximity to each gate. Given the lack of detail on new 600A Service, AERO de"eloped an altematlve approach that still meets the Bid design Intent. AERO's bid Includes a vi able alternate to aHow the ui1tlng ~A service to remain at each of the six gatea, but still provide a functional and operational new PBB, PCA, GPU and PNC to meet the dealgn criteria In the Bid Specifications. Please note our Bid does not Include upgrading to 800A service, but our Bid does Include the ITW/GSE lntelllgtnt Power Management System, which wlll allow new PSB, GPU, PCA and PWC to be provided and Installed to meet the Design Intent In the RFP. This Power Share system product data Is attached, as required by RFP, with our Bid package. We are happy to answer any further questions. In addition to the cost savings to avoid upgrading to 600A service there are several other long-term cost-savings and operational benefits 1o utilizing an lntetligent Power Management (1PM) system. The 1PM aoows PSP to connect more equipment at an aicraft stand, and at the same time, 1PM reduces complexity and ensures PSP will not exceed the available power capacity at ea:h gate. Please see the attached product data cut sheet for more lnfonnation. ¥................ • .............. __ .,.... ................ GOODffl 10 ntAOtnoN •MOREVALUEFORHOHEY ... , . .,.. .............. .....,.,,... .. .....,__,.,,. .. ...,....,......,.....,..~ ......,..,_ ........ ,..,., ........... ~ ... -... ~.,. ............................... -....t ;:;-~;:.:;~ :::=,:--~ ... = -~::. F: ... ·-.-::-.-'»~ l :.l'th ~ ~ • .JII.;,~ L :n:: ' ... ," --~ .... MORE Ea.JIPMINt LE$$~m' .... __ ~¼,q•• . __ ....,.. ---.,,.-........... 2700 Delk Road SE • Suite 150 • Marietta, GA 30087 • PH (770) 423-4200 • FAX (770) 423-4203 ATLANTA + DALLAS + SOUTHERNCALIFORNIA + SALTLAKECITY + SEATTLE www.aerobridgeworks.net
21Question 28: (ii) 2.21.5 Existing Breaker size available The airport has specifically identified that no power upgrades will be made to accommodate new PCA equipment. Please provide the existing breaker size available for PCA, per gate. Answer 28: Exlstl Power GATE! 4 5 6 7 8 9 Main Breaker (Bono) 400 400 400 600 400 400 Panel at Gate The Contractor is to upgrade all the 400A breakers and wiring at the main breaker panel to 600A breakers. The Contractor shall proceed with the new PCA units based on the Pre-Conditioned Air table under section 2.21.4 (page 69) of the technical specifications. Question 29: (iii) 2.21.5 Minimum amperage Sized via the provided aircraft mix, our PCA units would require the electric listed below. Please confirm availability of required power. 200 AMPS: Gates 4, 61 8, 9 & 11 225 AMPS: Gates 5, 7 & 10 Answer 29: 5 8 Main Breaker (Bono) 400 400 400 600 400 The Contractor is to upgrade all of the 400A breakers and wiring at the main breaker panel to 600A breakers. The Contractor shall proceed with the new PCA units based on the Pre-Conditioned Air table under section 2.21.4-(page 69) of the technical specifications. 400 400
22CITY OF PALM SPRINGS Development Services Department 3200 East Tahquitz Canyon Way• Palm Springs, California 92262 Tel: (760) 322-8380 • Fax: (760) 323-322-8360 • Web: www.palmspringsca.gov September 17, 2020 American Steel Builders California, Inc. 5425 Poindexter Drive Indianapolis, IN 46235 Via email: dustin.sloan@ameribridgeinc.com Attention: Mr. Dustin Sloan, Vice President Subject: Airport Passenger Boarding Bridges Project, City Project No. 19-34 Notice of Intent to Reject Non-Responsive Bid Dear Mr. Sloan, The City of Palm Springs rcity"} has reviewed American Steel Builders California, lnc:s ("American") bid submitted for the Airport Passenger Boarding Bridges project ("Project") and determined that the bid is non-responsive for failure to meet certain requirements in the bid specifications. City staff will recommend that the City Council reject American's bid as non-responsive and award the contract to the lowest responsible bidder submitting a responsive bid, John Bean Technologies Corporation, Jetway Systems. As a general rule, the City has the discretion to demand strict compliance with its solicitation requirements. (See Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175; Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal.App.4th 897; Konica Business Machines v. Regents of the UniversityofCalifomia (1988) 206 Cal.App.3d 449.) The PBB Bid Submittal, part of the bid forms, requires the bidder for new PBB's and equipment to submit, among other things, NFPA certification documents identifying all components including, but not limited, to the cab closure, cab spacer (bumper}, all doors and the Passenger Boarding Bridge ("PBB"), along with 3rd party test results. American's bid lacks documentation providing that it's PBB is NFPA compliant. This does not comply with the clear instructions of the bid specifications. Additionally, Section 1.10.4.1 of the Technical Specifications requires the bidder to provide PBBs that will support a live load of 50.125 pounds per square foot and a roof load of 30.075 pounds per square foot. American's bid indicates that its PBBs will support a live load of 40 pounds per square foot and a roof load of 25 pounds per square foot. This does not comply with the minimum requirements of the Technical Specifications.
23CITY OF PALM SPRINGS Development Services Department 3200 East Tahquitz Canyon Way• Palm Springs, California 92262 Tel: (760) 322-8380 • Fax: (760) 323-322-8360 • Web: www.palmspringsca.gov Further, Addendum No. 1 requires the bidder to upgrade all 400A breakers and wiring at the main breaker panel to 600A breakers and proceed with the new pre-conditioned air units ("PCAs,,) based on a certain PCA table. American's bid does not provide for upgrading the existing power and upsizing the PCAs, as required. These foregoing deviations make American's bid non-responsive. As such, City staff will recommend to the City Council at its meeting at 5:30 p.m. on October 8, 2020, to reject the bid submitted by American as non-responsive. The agenda for that meeting will provide instructions if American desires to participate in the meeting. We thank you for your interest in this Project and look forward to your participation in future bidding opportunities. Should you have any questions regarding the foregoing, please contact the Project Manager, Art Cervantes at (760) 323-8253 ext. 8743. Sincerely, Joel Montalvo, MPA, P.E. Civil Engineer C 62624 Enclosure: Non-Responsive References
24• AUTHORIZATION TO MARK This authorizes the apptlcallon of the Certlflcation Mark(s) shown below to the models descrtbed In the Product(s) Covered section when made In accordance with the conditions set fOrlh ln tbe Certlflcatlon Agreement and Llsl1ng Report. This author1zatlon also applles to mulllple nstee model(s) Identified on the correlation page ot the Listing Report. Thia document ls the property of lntertek Testing Services and 18 not transferable. The certification mark(s) may be applted only 81 the locat10n of the Party Authorized To Apply Mark. Applloant: Amerlbrtdge, LLC U1nufactu19r: Amerft>r1dge, LLC AddrHS: 5425 Poindexter Drive lndlanapoOs, IN 46235 Country: USA Contact: Mr. Jon Borowltz Phone: (317) 828-2000axt.107 FAX: NA Ernall: Jo~.borowttz@amerlbrtdgelnc.com AdclrNa: Country: Contact: PhoM: FAX: EmaU: Pasty Authorized To Apply Mark: Same u Manufacturer Report laaulng Office: Columbus Control Number: 5011462 Authollled by: lntertek 5425 Poindexter Drtve lndlanapoUs, IN 46235 USA Mr.JonBorowltz (317) 826-2000 ext. 107 NA jon.borowllz@amenbrldgelnc.com Thia document supersedes all previous Authorizations to Mark for the noted Report Number. Thit ~ loMukill ro,u.__._. .,..dllllDtlall's CS.. endiaJll'OwW,anuutlOU.c.t--ao. lll'OOll'WAbelaoct~ Mdill Cliod. llllolldL"a ,.....-.,w ...., .. ldadlOdlo ---•ftd condelona DI.._....,.._ llllnk ---nohlbllii, m-.,,..,,OIMI' lhln IOGle Clioftlift....,_wlltl lllo ..,._nl. fof-, IMt ............ ~ by lhtUlllof IJiia AulllarlzatlGAtoMaa.Omt, U.CtiNI • .._....IOpel!RICICIPJWllotdillrlMlonaf IIWIAlllitall:a!lan laMlnandlhan-,in ..,.._,_ U..Clf ._,..., Celft..__. it ...... to llltoonditloMtlldoutM ....... MClll\11\it ~loMll\. lnJflldller IMollM.,.,.. ~•--o, .... lianontdh ..... ffllllrill.fll'OUiorNlviee llUI .... .,.,pprowc1.,.,.ta,lnlM&lnillllF--,Alllee1111ft11cndf:dlN-.,IGMClft•totn..,.,.-o1-,......-u-.a1&11ec.......nMin.....,_alhllle ........ IMf1t•ftOlloflht...,_..ol~.-OOllllolandcloftllll...._lheaieftldltltifClllf11U111tlllthll,.._. lnlertek Teattng Servicea NA Inc. 545 East Algonquin Road. Artlngton Heights, IL 60005 Te · hone ATM for Repon 103439n9COL-001 Page 1 of 1 ATM Issued: J3 ff: S'-S·-2,0)f B> IU. 18 C2Nfw•11)......,
25• intertek ,...Qullltr.Aaunld,. AUTHORIZATION TO MARK This authortzm Iha application of the CertlflcaUon Mark(s) shown below to the models clascllbed In the PtOduct(s) Cowred aedlon when made In aocordanoe wllh the GOndltlona set forth In 1he Car11flcatlon Agreement and Uatlng Repo,t. Thia authorization also appBea to multiple li1tee modet(s) Identified on Che oorrelatlon page of 1he LIiting Report. This document Is the property of lnleltek Taatlng Services and la not transferable. The certlftce1lon mmk(a) may be applied only at lhe location of the Party AuthOflzed To Apply Mark. Appllcant: nw GSE ApS Addrea: Smedebakken 31-33 DK-5270 Odenae N co1111t,y: Denmar1' Colltact: Ronni Amtay Pllone: Phone: +45 8318 80 oo FAX: NA Emall: ra@Jtwgae.com Party Authorized To Apply Marte: Same es Manufadurer Manufacturer: GSE Holdings Inc., Hobart Ground Systams; Hobart Ground Power; Trttectron: 11W Military OSE Addreu: 11001 US Highway 41 Nar1h, PalmeUo. Counby: Contact PhOnt: PAX: EmaU: FL.34221 USA Ed Upshaw (941) 721-1081 (941) 721--1081 ~-US Report laulng Office: CorUand, NY -:, Conni Number: 5004934 Authortnd by: ___ \...._C,illla6o£.-fi_c_..,,,.,. ___ , ~---•~~....,..:·=-= __ :;....,,,_ A_lJ;;:;:.::. ·:;..;:.~.,...., Ulla-Pia Johansaon_..~ for Deen 08\ttdaon. Cettiftcatlon Manager lntertek ThJa doeument euperaedea an previous Authorizations to Mat1' for lhe noted Report Number. ,._ ............. lllfllr ........ •d---Cllllll..S• .... ---•-~-----.---•Cld......,_.......,11111....,• .................. ., .......... ..._ ........................ a. ................... ., ............. ....... -----------..... --a..-.......................... ~ .. ----.. ...," .. ...,u. ....... c--. .. .. ................. " .............. ~.11&,,,, ....... d ........... lar ..... or., I tCII ...................... ... ..... ..,.. ..... _,~Nlll,__, _ _..._. .. ....__ .... ..,,,..d.._ ................. ~,_._ ...... _. .. ........ ._ .... ., ... ..,,..., ............... __. .... ....,. .. CIIIIII_, .. _....... ... ...... lnsartak TeetfnG Bmvloee NA Inc. MEelt ... n Road, ArtlnglanHelQlltl. 11.80005 8tandard(a): Heating And Cooling EQUJpment <Explree: 30N0'/2022> (UL 1995:2011 Ed.4 +R: 030ct2014) Heating And Coding Equipment <E,cplres: 30Nov2022> [CSA C22.211238:2011 Ed.4] Product: Alr-condlllora' wlh optfonal aledrlc heat. llodels: PCA 210; GSE3400 PCA 130 ATM for Report 102487248CRT-oo4 1~ Page2of 2 ATM laeued: &JLd-2017 ID IUll ..... 1'J~
26int<?rt<?k .... Quallly.Aland. AUTHORIZATION TO MARK This authorizes the appllcatlon of the Cettiflc:etton Mert(s) shown below to the models described In the Product(s) covered Nellon when made In accordance with the conditions set fot1h In the Certfflcatlon Agreement and Listing RepcMt. This authOflzallon also applies to m"'dple llatee model(s) Identified on the cotrelatlon page of the Uatlng Report. Thia Clocuma,t la lhe propecty of tntertek Tedng Services and Is not transferable. The certfflcallon mark(•) may be a,,pRed ort, at the locallOn of the Party AuChortad To Apply Mark. Applicant 11W GSE ApS Addren: Smadabakken 31-33 DK-5270 0danle N Count,,: Dervnask Contact: Ranni Azulay PhoM: Phone:..,. 83 11 eo oo FAX: NA Emal: ra@ltwvse.oom Pa~ Authortzed To Appt/ Maltc: Same aa Manufacturer Report leeulng Office: Cortland. NY Control Number: 5004933 Authorized by: Manufacturer. nw GSE ApS Adcnu: Country: Contact Phone: FAX: Emall: Smedebakken 31-33 DK-62700deneeN Denmaltc RomlAzulay Phone: ~ 8318 80 00 NA ra@llwgae.com Ulla-PlaJoh ' for Dean Da'JtdSOA. Certlftcatlon Manager lntertek This document euperaedes aU prevtous Autharlzallons to Madl far the noted Report Number. 'l'lllll~tDMllllllllwN ..... toafl ...... Cln_, .. ___. ......... Clllllilllllll ............ ..,_ ... 01111&..___........, .. ..._ .. ................. c1 ............... _ • ._ .................. a.. ............ ..-. ................. ....... -----,.......·---•-ca..• ...... -.................. ,........ ........... ..., ... ..._. ........ ~ ... . .............................. M .. ~lalllldl ,_,.,,._.,, .......... ., ............ J ....... ~lll'Oducl•---lrll•lfG'Mdh ... .,.,.._..,_.,----ll'dMNu,..,.._nlW .. ,..,._4 ................... c.......-111--...1111t1 .. ................. ...,.. ........................... a..c,1 ........ "' .. ....... llandard(t): Heating And Coollng Equipment <Expires: 30Ncw2022> (UL 1996:2011 Ed.4 +R: 030ct2014) Healing And Cooling Equipment <Expires: 30Nov2022> (CSA C22.2#238:2011 Ed.4] Product: Alt-condtionlr with optional electric heal Models: GSE3400 PCA 210: GSE3400 PCA 130 ATM for Report t02487248CRT-004 1~ Page 1 of 2 ATM IIIU8d: 8.Jul•2017 ID 1U.t9ao,..,.17).....,
27• 155of 116 lntertek AUTHORIZATION TO MARK Thia authorize& the application of the Certlflcatlon Mark(a) shown below to the models described in the Product(a) Covered aection when made in accordance with the conditions Mt forth in the Certification Agreement and Listing Report. Thia authorization also applies to multJple llstee model(a) identified on the correlation page of the Listing Report. This document Is the property of lntertek Tasting Servlcea and Is not transferable. The certification mark(a) may be appfred only at lhe location of the Party Aulhorizad To Apply Marte. Applloant: GSE Holdings. Inc. DBA Hobart Ground Syatema 11001 US Hlghway41 North Palmetto, FL. 34221 Add,...: Countr,: USA Contact: Ed Upshaw Phone: (941) 721-1081 FAX: (941)721-1081 Emall: eupahnOftwgse.ua Manufacturer: AdclN88: Counby: Contact: Phone: FAX: Emal: GSE Holdings, Inc. OBA Hobart Ground Systems 11001 US Highway 41 North Palmetto, FL. 34221 USA Ed Upshaw (941) 721-1061 (941) 721-1081 eupahaw@itwgae.ua Party AutllorlZecl To Apply Marie: Same aa Manufacturer Report leaulng Office: Cortie~~ NYo~~~ •• --~~a-~~t~L"-~-~-"'-~~ ..... ---Control Number: 118681 ....... .-..... .. , f""1 for Thomas J. Patterson, Certification L\anaiier lntertek This document supersedes an prevloua Authorizations to Mark for the no18d Report Number. 1NaAIIIIOlb:at11WtLalillllllittllr .. _,_.._d~1Clllrll_,lapraddld ...... 1D .. c.tftClllon.....,_...._. .......... Clenl.......-.,._ D ?; 1n1:1--, .. llldledlOllt.,._ ......... of .. ......,.nt...,_....,..IIOllll!Wto_,._.,,,._NnlD .. CIWl'lln__.._WlhltlD.....,._fot ......... .,,_......_ IIIJhltatdlNIAIMIOdllllDnll....,_Onlf .. Cllllllt ..... tD,-d_,,.,.otdltdlMIOllofM~•llldllllldlwncn,lnlttnUNl»',U..d......-.Cll'lllmllan,-t11 flilllrldlcltiD .. mdllnllldaulln .. ..,...._lndll\NIA&lllltlallonllMlrlr..Alffllr!MtwetlllDkW,_.. ....... .._.,.d ........ ......_ ...... ,,, ..... ,,... llllllle~lll--lllrl'ftllfllle.NIIIFICIINJt-wre"\ftllFalow'up...._•flr--~of ................ olllaCaflflellon,-ti.ln_,.._,.._ .. ....,.._._ .. notfDrlM,.,,.....ol,,.......,.._ODIWdnldoNll,..._hQlll'l&-11.irOlilgllDllltn ... ...... lntertek Teetlng Servlcaa NA Inc. 545 East Algonquin Road, Artlngton Height&. IL 80006 Telephone 800-345-3851 or 847-439-5887 Fax 312·283-1872 Standard for Power Units Other than Claes 2, UL-1012, 8th Edition. Dated November 9, 2010, lncludlng revisions thmugh January 19, 2012. Standard(•): Cenadlan Standard for General Use Power Suppnee,CSA C22.2 # 107. 1-CJ1, Issued September 1, 2001. Ed 3, Reaffirmed 2011 Product: Power SuDDIY Modell: 2400GPU ATM for Report 101819452CRT-001b Page 1 of 1 10l30/2018 SJC (4Gata Pn,ject) llWAERO Subrnlttal .. ATMlasued: 11-Feb-2015 ED 1U.18 (1---13).......,
28• SPECIFICA 11ON WA Series 2 and 3 tunnel Apron Drive Arnerlbridge Specification 2.0 STRUCTURAL DESIGN & FINISHES 2.1 General Design Revision 07 2.1.1 Structural Loads A. The Ameribridge will support the following loads. These loads may be applied in total or in part. singularly or simultaneously. The design is based on the combination that imposes the most adverse loading condition. In addition to the dead loads and strain caused by movement, the entire passenger boarding bridge will support: 1. A live load of 40 ounds er s uare foot. 195 /m2 • . n operat1ona win a 1 . pounds per square foot (61 kg/m2) or an approximate wind velocity of 60.0 mph (97 km/h} 3. A retracted and stowed wind load of 25 pounds per square foot (122 kg/m2) or an approximate wind velocity of 90.0 mph (145 4. A roof load (snow load) of 25 pounds per square foot. (122 kg/ m2). B. The structural design provides sufficient torsional rigidity to avoid excessive sway when the Ameribridge is brought to a gradual stop. C. All mechanisms for actuating. guiding and restraining the Ameribridge and its components are designed so that no noise. sway or sense of insecurity is apparent to passengers. No operating vibrations or loads shall be transmitted to the terminal bui1ding. D. The Ameribridge is designed to accommodate the added loads of 400 Hz ground power equipment, 28 Volt DC equipment, and/or pre-conditioned air (PCA) equipment. The 400 Hz unit is undercarriage or side mounted and the 28VDC unit is side mounted. A combination 400 Hz/ 28V DC unit is available. The PCA is either roof or undercarriage mounted. 2.1.2 Environmental considerations A. The Ameribridge operates satisfactorily under ambient temperatures from -400 F (--4QO C) to 125° F (52° C). All of the Amerlbridge components and materials either individually or collectively are designed or selected for long service life under such conditions. 8
29Palm Springs Project No. 19-34 July 2020 PASSENGER BOARDING BRIDGES Section 14 95 00 .1 The PBB will support the following loads. The structural design shall provide sufficient torsional rigidity to avoid excessive sway when the passenger boarding bridge is brought to a gradual stop. The PBB must support all identified ramp services equipment. In addition to the dead loads and strain caused by movement, the entire Passenger Boarding Bridge shall support: A live load of 2.4 kN/m2; j-50.125 lb/ft"2 .2 A wind load of 1.1 kN/m2 at an approximate wind velocity of 146 km per hour when the bridge is retracted and stowed; .3 A wind load of 0.59 kN/m2 at an approximate wind velocity of 97 km per hour when the bridge is operational; A roofload of 1.44 kN/m2; .. I 1-30.075 lb/f1A2 .5 Design should resist seismic loads in accordance with NBC current for the Palm Springs area . . 5 Environmental Considerations .1 The Passenger Boarding Bridge shall operate satisfactorily under ambient temperature conditions of32°F to 140°F, with wind speeds up to 60 mph . . 6 Electrical . I Power supply .1 Voltage supply on this project is 480 volt, 60 Hz . . 2 Downstream of the building disconnect switch, provide disconnects and protection means that adequately protects each load. All disconnects shall be labelled showing the source location and have arc flash warning decals indicating the hazard. Use lamacoid for all external panel/disconnect labels. AIRPORT PASSENGER BOARDING BRIDGES RE-BID CITY PROJECT NO. 19-34 10 TECHNICAL SPECIFICATIONS JULY 2020
30• THE SMAR ITW GSE is a trustworthy partner designing and opt mizing GSE equ pment. We have strong expertise within coohng technology and the ITW GSE 3400 PCA 1s the market's most innovative, reliable and environmentally fr'endly point-of-use PCA. The 3400 PCA •s also the market's only true modular PCA (patented) The 3400 PCA supphes fresh. clean air ;nto parked a,rcraf t, at carefully mon to red temperatures and provides a pleasant atmosphere for the crew and the passengers. It also makes aircraft turn-around faster and more effective. Should propose 60 ton DESIGNED FOR ALL KIND"IP""l:,,.-,"'""1"9'1'1rKr-r--_, The 3400 PCA is avai1ab1e for bndge ound• mounting for aircraft parking positions or hangar applications. It is designed to suit an types of aircraft from the Narrow-Body (Code C; A320) & Wide-Body (Code 0: B767) equipped with 1 PCA connector over the Jumbo {Code E: B777) to the Super Jumbo (Code F; A380) equipped with 4 PCA connectors connected to two ITW GSE 3400 PCA 210 umts. The 3400 PCA uses a minimal amount of refrigerant due to micro channe: condenser technology and the compact design of the un,t. The refrigerant R410A does not degrade the ozone layer at alt. The refrigerant further prov des re iable operation at high amb·ent temperatures lhe distance between the evaporators and the tow air velocity optimize the efficiency of each coohng circuit and prevent condensation drops from movmg from one evaporator to the next. IMPROVE YOUR ENVIRONMENT AND CUT COST The increasing focus on enV1ronmenta1 Issues means that airports aim to let an external pre· conditioned air unit and a 400 Hz sohd·state unit take over the functions of the aircraft APU whtle the a,rcraft is parked at the gate. We call this the "Go Green on Ground· concept whereby carbon emission is reduced by approx 80-85%. The concept furthermore provides savings on the costly maintenance to the on-board APU. based on hours of operations. For the airports. the "Go Green on Ground'· a·so means a reduction of the noise level to the benefit of the airport personnel. passengers and to surround ngs tn general • 2232 [87.9) • i .i1700(185.0} I-I i -2232(879] • 4700[18SO) --------Dimensions art lt'ow1'I inmm a,'df--=hesl ~fh:~ dtu~it 1t> -)Hol'\
31Input • Rect.fication: 12 pulse • Line current distortion: < 10% Inrush current: None. soft start Power factor: >0.97 at 100'6 load Output • Discharge air temperature· Sub2ero. depending on ambient temperature relative hum:d1ty and air flow Envlronmentel data • Operatmg temperature -3o•c to +so•c c-22•F to +122°F) • Relative humidity: 10-100". non condensing • Noise level: < 85 dB(A) at 4.6 m • IP class: IPS4 (Electronic part) Ml1cellaneou1 • MTTR: Typically 20 minutes • Refrigerant: R410A • Construction: Welded, anti-corrosive coated steel frame Directive conformltv • UL 1995 480 V version. only • 2004/108/EC EMC O,rect1ve • 2006/95/EC LVO D rectlve • 2006/42/EC Machmery Dtrectwe INot upgrading to 60 tons I )--.... ,. -· ~ I f QI C ~~ ! .. er • i~ t ' I'. u. Modej (V) [HZ} CE 3x400 50 Conformity by complying with • E~L hst,ng 480 V versfon, only • EN61000~6-2 EMC -immunity standard • EN61000 6·4 EMC• em:ssion standard • EN62040-1-1 WO safety standard -EN61558·2·6 General & safety reQutrement • 1915·1&2 Machinery• general safety reQuirement ,. \2312•17 Aircraft ground supDOrt eouipment specific requirements The 3400 PCA 1, equtpped with the followll'\t features • Stepless regulation via VFO on main blower & comprenors • Quick swap of coating module: only takes 20 minutes • lntarnal ducts mede of stain'ess steel • Smoke detector • M8.)sure of outlet pressure and air ftow • Air temperature sensors (discharge and inlet) • 2 pressure and 3 temperature sensors as well as l sight glass on each refrigerant circuit • Micro channel condensers (sea water resistant alumlnlum) , "ePMlO 70'6'" filtration including clogging alarm • Remote control station wlth display and single communication cable • Internal 14'' damper of the second outlet • Special condenser coating • TCP/IP interface via RJ45 port • Fast evaporator de•1c1ng Available atandarcl options • Cabin sensor • Feet for ground mounted units • RS485 port with Modbus/Jbus protocol • nw GSE Service Tool • Colour RAL 7035 (standard) or any other RAL colour on an opt onal basis • Heater with overtemp protection ill ....., i f QI ii l---i~ i£ ! t j l: .2: C ig ::> !-S .. ! l~ ~~-IA ·f .21 !i 1::0 It ~ e fg dd ::,l: i u ...... Zul! < ,c( Q. ~ [A) (A) [A) [Tons) [kg/min) [lb/mil'\) (Pa) [inH,O] (kg) (111sl [kW) (Qty] 145 180 200 4S 130 280 8.SOO 34 3.200 7,000 12 2 t-1,\o Ul!•l!lilimJ •• maa --&II a II m -mm -mm iaZXXI a • ce 3x400 so 175 200 225 €0 130 280 8.SOO 3A 3,200 7,000 72 2 ADF•1I0/2X (H) UL 3x480 S0/60 145 170 200 60 130 280 8.500 34 3.200 7,000 72 1 al!-liilJiil ce 3K400 so 275 300 350 90 210 460 10.000 40 4.000 _s.soo 120 ~ 'JO.l 1111. ,k ralt\l a mmm --d1 am • GD BO IBDJ aa ·---" te 3,c4100 so' 345 370 400 't:10 210 460 10.000, 40 4.500 9.900 120 4 ADP•210/4 CM> UL 3x480 50/60 290 310 350 00 210 460 10.000 40 ... 500 9.900 120 4 w .,. i =i 0 (Qty) Ix 14~ um 1x14 .. IX 14~ 2,cl4-UilD 2 x14" 2 lC 1,2-• 3 Module, 90Ton w,single output rs quoted, unit will be de rated to 7;Ton capacity to -·· . . hmtt mput current to meet ex1sttng foc1hty l1m1ts Spec1fieat1ons o)re \UeJe~t to Change w,thoul prior notice Indicates that nnections power is not to be upgraded
32Palm Springs Project No. 19-34 July 2020 PASSENGER BOARDING BRIDGES Section 14 95 00 .8 Cameras can be fixed or PTZ based on location/need. Bosch is the manufacturer of preference . . 9 Access point standard is the Ruckus R730, ceiling mounted. 2.21 Pre-Conditioned Air (PCA) .l Design units based on the maximum size aircraft they can be parked at each gate using point-Of-Use (POU) PCA units . . 2 Design to ASHRAE 0.4% day for Palm Springs, California. Passenger loading (btu/hr-person) shall be included in the PCA sizing calculation. The unit shall be rated for the largest type aircraft scheduled for the gate with 100% occupancy . . 3 Minimum acceptable equipment sizes and quantities are provided below. Perfonn calculation as specified herein to detennine if larger sizes are required to meet the perfonnance requirements . .4 Max. Aircraft Code@Gate B C D E -Single PBB E-Dual PBBl E-Dual P882 F -Single PBB F-Dual PBBl F-Dual PBB2 AIRPORT PASSENGER BOARDING BRIDGES RE-BID CITY PROJECT NO. 19-34 JULY2020 Pre Conditioned A1r (PCA) -Point-of-Use Cooling Heating Hoses ton heat kW mobile mobile mobile 60 60 1 90 90 1 120 120 2 90 90 1 90 90 1 120 120 2 120 120 2 120 120 2 TECHNICAL SPECIFICATIONS
33Question 28: (ii) 2.21.5 Existing Breaker size available The airport has specifically identified that no power upgrades will be made to accommodate new PCA equipment. Please provide the existing breaker size available for PCA, per gate. Answer 28: Existing Power GAlEj 4 5 6 . 7 8 9 10.,, .i 11 Main Breaker (Bono) 400 400 400 600 400 400 600 400 The Contractor is to upgrade all the 400A breakers and wiring at the main breaker panel to 600A breakers. The Contractor shall proceed with the new PCA units based on the Pre-Conditioned Air table under section 2.21.4 (page 69) of the technical specifications. Question 29: (iii) 2.21.5 Minimum amperage Sized via the provided aircraft mix. our PCA units would require the electric listed below. Please confirm availability of required power. 200 AMPS: Gates 4, 6, 8, 9 & 11 225 AMPS: Gates 5, 7 & 10 Answer 29: Main Breaker (Bono) 400 400 400 600 400 400 600 The Contractor is to upgrade all of the 400A breakers and wiring at the main breaker panel to 600A breakers. The Contractor shall proceed with the new PCA units based on the Pre-Conditioned Air table under section 2.21.4 (page 69) of the technical specifications. 400
34CITY OF PALM SPRINGS Development Services Department 3200 East Tahquitz Canyon Way• Palm Springs, California 92262 Tel: (760) 322-8380 • Fax: (760) 323-322-8360 • Web: www.palmspringsca.gov September 17, 2020 thyssenkrupp Airport Systems, Inc. 3201 N. Sylvania Suite 117 Fort Worth, TX 76111 Via email: enver.sarilar@thyssenkrupp.com Attention: Mr. Enver Sarilar, Director of Sales Subject: Airport Passenger Boarding Bridges Project. City Project No. 19-34 Notice of Intent to Reject Non-Responsive Bid Dear Mr. Sarilar, The City of Palm Springs ("City,,) has reviewed thyssenkrupp Airport Systems, lnc.'s ("TAS0) bid submitted for the Airport Passenger Boarding Bridges project ("Project") and determined that the bid is non-responsive for failure to meet certain requirements in the bid specifications. City staff will recommend that the City Council reject TAS's bid as non-responsive and award the contract to the lowest responsible bidder submitting a responsive bid, John Bean Technologies Corporation, Jetway Systems. As a general rule, the City has the discretion to demand strict compliance with its solicitation requirements. (See Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175; Ghilotti Construction Co. v. City of Richmond ( 1996) 45 Cal.App .4th 897; Konica Business Machines v. Regents of the University of California (1988) 206 Cal.App.3d 449.) The PBB Bid Submittal, part of the bid forms, requires the bidder for new PBB's and equipment to submit, among other things, NFPA certification documents identifying all components including, but not limited. to the cab closure, cab spacer (bumper), all doors and the Passenger Boarding Bridge ("PBB"), along with 3rn party test results. TAS's bid lacks documentation providing that it's PBB is NFPA compliant. This does not comply with the clear instructions of the bid specifications. Additionally, Addendum No. 1 requires the bidder to provide pricing for the fixed walkway refurbishment as part of its bid. TAS failed to include pricing for the fixed walkway refurbishment as part of its Total Base Bid Schedule.
35CITY OF PALM SPRINGS Development Services Department 3200 East Tahquitz Canyon Way• Palm Springs, California 92262 Tel: (760) 322-8380 • Fax: (760) 323-322-8360 • Web: www.palmspringsca.gov These foregoing deviations make TAS's bid non-responsive. As such, City staff will recommend to the City Council at its meeting at 5:30 p.m. on October 8, 2020, to reject the bid submitted by TAS as non-responsive. The agenda for that meeting will provide instructions if TAS desires to participate in the meeting. We thank you for your interest in this Project and look forward to your participation in future bidding opportunities. Should you have any questions regarding the foregoing, please contact the Project Manager, Art Cervantes at (760) 323-8253 ext. 87 43. Sincerely, Joel Montalvo, MPA, P.E. Civil Engineer C 62624 Enclosure: Non-Responsive References
36• lntertek Listing Constructional Data Report (CDR) 3201 North Sylvania Avenue SI.it& 117 Fort Worth, TX 76111 .... ,11 No "Authorization To Mark". This is just a draft . Inc. Page 1 of43
37• Report No. 3181041SAT-008 ThyssenKrupp Airport Systema. Inc. I, : , Page2of43 Issued: 22-Jan--2014 Reviaed: 22 .. Jan-2014 airport ·terminal The two models •e identical except in the number of tefasooping tunnel& designed Into each (two or ttlree) ED tl.S.15 (2,/tWBJ ~
38PBB BID SUBMITTAL For new PBB's and equipment. submit with bid, each item listed below shall be under a separate heading: 1. Demonstration of an understanding and appreciation of the technical and managerial scope of this project, key issues, constraints, challenges and opportunities and site safety. Include the client organization and the project stakeholders as well as the key areas of responsibility for the delivery of this project; 2. Provide a proposed detailed schedule in the format of a Gantt chart. Propose any additions or changes required to the submittal schedule in the bid submission indicating submittal and approval dates for supplying and reviewing mechanical, structural, and electrical shop drawings, material and equipment specifications, and samples; 3. NFPA certification documentation shall be submitted identifying all components including but not limited to the cab closure, cab spacer {bumper}, all doors and the Passenger Boarding Bridge. Include 3rd party test results; 4. For each of the following, provide cut sheets and information as indicated 1) GPU -model, input voltage, output capacity (marked clearly on the cut sheet or described in text) 2) PCA -model, input voltage, output capacity (marked clearly on the cut sheet or described in text) 3) PCA hose basket 4) Baggage lift (Nova Lift) 5} Baggage chute 6) Manufacturers commuter floor option 5. Location of the factory where the major components are manufactured and assembled for the PBB, PCA, PWC, and GPU 6. A recommended spare parts list for PBB, PCA, PWC, and GPU units including unlt pncing shall be submitted as part of the BID response. Once the mechanical and electrical detailed design has been completed and approved for construction, the contractor shall update the spare parts list including itemized costs for newly added parts as well as removing parts that no longer exists in the design. The airport will review the spare parts list and select the parts and quantities for purchase; 7. List any deviations for the requirements and the(+/•) impact on the bid price. List any proposed product substitutions from those specified herein. 8. Provide estimated power requirements for the PBB, PWC, GPU, and PCA at each gate; 9. Programmable Logic Controller {PLC) details including model and 1/0 modules manufacturers cut sheets; 10. The following "keyn design personnel must be identified in the bid submission and will be designated the design professionals of record. The Successful Proponent will notify and obtain the approval of the Contract Administrator for any changes to the team described in the Successful Proponents submission; 1) Structural Engineer: This person will be a registered Professional Engineer in the State of California; 2} Mechanical Engineer: This person will be a registered Professional Engineer in the State of California; 3) Electrical Engineer: This person will be a registered Professional Engineer in the State of California; 4) Project Manager: This person has the authority to enter into commitments with the owner and their representatives; 5) Site Supervisor. This person will be on-site and the lead of the PBB installation. 11. Include the proposed base finishes or selection of standard finishes available that shall be included in the lump sum. Include a description and / or samples of the interior floor covering product and the wan panels. AIRPORT PASSENGER BOARDING BRIDGES RE-BID CITY PROJECT NO. 19-34 JULY 2020 BASIS OF AWARD BID FORMS -PAGE 7
39thyssankrupp Airport Systems thyssenkrupp 2 August 31, 2020 4. Fixed walkway refurbishment. 1he fixed walkway refurbishment was part of the previous bid. In the present re-bid, the spedficatton does nowhere mentton the refurbishment mentioned above. The subject is reintromad with the Addendum No 1 dated August 25, 2020. Yet, since the Bid Schedule (Schedule of Price) does nota>ntain a line Item for the said refurbishment, we, therefore, indicat2 here, in this present paragraph 4/ ,.Axed walkway refurblshmen~ the cost for carrying out the requested refurbishment works: s1,ooo.oo USO (Fifty-One Thousand USO only). S. Electric.al Upgrade To aa:ommodate the new PCA units, the replacement of 6 old 400 A breaker by new 600A breakers and Its associated new overhead wiring cost and Install has been included as specified. lhls cost has been Incorporated In the PBB price. 6. Project Schedule We are committed to undertake this project In 290 working days, as scheduled, as we trust that the • existing foundations are effectively good for reuse and do not require any modlftcations. • We are looking forward to becx>ming a trusted partner and supplier of Palms Springs Int1 Airport. Yours sincerely, -"7J~ Enver Sarilar I Director of Sales lltyssenkrupp Airport Systems, Inc 3201 N. Sylvania Suite 117 Fort Worth, TX. 76111 817-210-5012 Address: ~nl<NppAir,olt ~. Inc. 3201N.Sytwa,111A.ve.,Suil91ooe Fat1Wof1h, Ten 181 t l ~ (817) 210-S000 Fax: (817) 85'-8985 Nall: ,~a,m lnt1untt www.~•npbb.com
40Attachment 4
41CITY OF PALM SPRINGS Development Services Department 3200 East Tahquitz Canyon Way• Palm Springs, California 92262 Tel: (760) 322-8380 • Fax: (760) 323-322-8360 • Web: www.palmspringsca.gov September 23, 2020 AERO Bridgeworks, Inc. 2700 Delk Road SE, Suite 150 Marietta, GA 30067 Via email: Jay.Grantham@aerobridgeworks.net Attention: Mr. Jay Grantham! President Subject: Airport Passenger Boarding Bridges Project, City Project No. 19-34 Response to Protest of Notice of Intent to Reject Non-Responsive Bid Dear Mr. Grantham, The City of Palm Springs ("City") has reviewed AERO Bridgeworks, lnc.'s {"AERO") bid protest, received on September 181 2020, for the Airport Passenger Boarding Bridges project ("Project"). AERO's bid protest is in response to the City's notice of intent letter issued on September 17, 2020, rejecting AERO's bid as non-responsive. The bid protest claims that, among other things, AERO included the entire electrical scope of work within its bid. As a general rule, the City has the discretion to demand strict compliance with its solicitation requirements. (See Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175; Ghi/otti Construction Co. v. City of Richmond (1996) 45 Cal.App.4th 897; Konica Business Machines v. Regents of the University of California (1988) 206 Cal.App.3d 449.) At the same time, the City has no authority to waive errors that make the bid materially different than intended. (See Valley Crest Landscape, Inc. v. City of Davis (1996) 41 Cal.App.4th 1432.) Addendum No. 1 requires the bidder to upgrade all 400A breakers and wiring at the main breaker panel to 600A breakers. However, AERO's bid clearly states "that our Bid does not include upgrading to 600A service ... " Since AERO's bid did not cover the entire electrical upgrade scope of work! AERO's bid contains a material deviation from the requirements of the bid specifications that makes AERO's bid non-responsive. As such, City staff will recommend to the City Council at its meeting at 5:30 p.m. on October 81 2020, to reject the bid submitted by AERO as non-responsive. The agenda for the meeting will include details on the meeting and will be posted on the City's website.
42CITY OF PALM SPRINGS Development Services Department 3200 East Tahquitz Canyon Way• Palm Springs, California 92262 Tel: (760) 322-8380 • Fax: (760) 323-322-8360 • Web: www.palmspringsca.gov We thank you for your interest in this Project and look forward to your participation in future bidding opportunities. Sincerely, Joel Montalvo, MPA, P.E. Civil Engineer C 62624
43September 18, 2020 Leigh Gileno Procurement & Contracting Manager, Acting Office Hours 8AM-6PM P (760) 322-837 4 F (760) 323-8238 RE: City of Palm Springs Bid No. 19-34, AIRPORT PASSENGER BOARDING BRIDGES PROJECT RE-BID CITY PROJECT NO. 19-34 Dear Ms. Leigh Gileno: AERO Bridgeworks, Inc. (AERO) was pleased to originally submit a responsive bid for Bid No. 19-34 in June 2020. On that initial bid, ThyssenKrupp was the low apparent bidder, AERO Bridgeworks was the 2nd bidder, John Bean Technologies 3rd bidder and AmeriBridge the 4th bidder. After the bid date, City Council voted to cancel the bid and re-bid the project. The project was re-advertised and the re-bid date was Tuesday September 1, 2020. AERO was pleased to re-submit a bid that fully met all the City's requirements, scope and design intent. After a review of the re-bid packages, AmeriBridge was the low apparent bidder, AERO Bridgeworks the 2nd Bidder, Thyssen Krupp the 3rd bidder and JBT the highest bidder. ThyssenKrupp acknowledges on page 12 of their bid that the City of Palm Springs needs to add fifty-one thousand dollars ($51,000.00) to ThyssenKrupp's base bid cost in order to include the intended refurbishment scope. As required by the RFP, AERO included that scope in our base bid, and thus is the second cost bidder and Thyssen the 3rd place bidder. We received a letter from City of Palm Springs, dated September 16, 2020, that states Project No. 19-34 will be awarded to the highest bidder, JBT and that AERO Bridge Works, Inc. bid was deemed non-responsive. There is clearly a misunderstanding related to AERO's bid package. The City made an incorrect determination that AERO did not include the complete electrical scope within our bid package. As evidenced by AERO's "Bidder's List of Subcontractors" form included in our bid (copy attached for reference), AERO included and listed $1,200,000 for our electrical subcontractor, G2.0 Electrical Contracting. AmeriBridge, the apparent low bid, did not list an electrical firm except possibly Plump Engineering at a cost of only $77,100, ThyssenKrupp (3rd bidder) listed Elite Terminal Services as 'installation and electrical' for $619,650, and JBT (4th bidder), included $570,000 for RISELO Engineering. AERO's bid included $1,200,000 for an electrical subcontractor. AERO's bid included the HIGHEST electrical subcontractor cost by far of any of the four bidders. This is proof AERO included the entire electrical scope and all electrical was covered within our bid. Our bid was intending to offer City of Palm Springs options to have the 600A service as listed in Addendum, or as an alternate, to utilize an industry proven Intelligent Power Management system. As evidenced by AERO's Bidder's List of Subcontractors, our bid included all the electrical cost and scope required by the bid package, more so than any of the other three bidders. Please note AERO's bid also includes a John Bean Technologies (JBT) passenger boarding bridge. Thus, our bid includes the exact same bridge product as the 4th bidder, but at a $110,445 savings to City of Palm Springs. Pursuant to City of Palm Springs procedures, bidders have five (5) business days to respond. AERO received City of Palm Springs determination letter on September 17, 2020. We submit this letter to confirm that AERO did include all the electrical scope, exceeds the DBE participation, meets all California licensing and we meet all project technical requirements. Our bid is fully responsive, and we trust City of Palm Springs will reconsider
44the Award of this Contract. We respectfully request a response to this letter which would include a re-consideration, the reasoning other bids were deemed non-responsive and the meeting invitation/ details for the City Council meeting on October 8, 2020. AERO very much looks forward to delivering a safe and successful Passenger Boarding Bridge project the City of Palm Springs and PSP Airport can enjoy for many years to come. We have a local presence in Southern California and -per our bid -we commit to exceed the local DBE participation requirements. We are experts in this industry and are proud to submit a bid that fully meets your design criteria; a bid that includes a John Bean Technologies (JBT) Passenger Boarding Bridge and the properly sized Pre-Conditioned Air and Ground Power Units. Thank you for your consideration and we look forward to supporting the City in the future. Sincerely, Jay Grantham, PE, LEED, CCM President AERO Bridgeworks, Inc. Encl: AERO1s "Bidder1s List of Subcontractorsll taken from AERO's bid package. B~ UST OF SUBCONTRACTORS 1. Type of Subcootracto< (Ch~Ck On{¼J )( First Tier, (] Sru::orid Tier c: Supphe-r fttSerJice Contractor (e g Trucidnol 2, Subcontractor Name: G 2.0 El<"tctrica! Contracting 3. Address· 1545 W. El Segundo Blvd G0r(forrn, CA 90249 4. Bid Items/Portion of Work: Electrical Contractor 5. Phone No.: 6. Contractor's License No,: 310.283.2074 1027180 9 DIR Public 8. Amount 1 Contracted Worx: fMt,JJHtt.J '. I I 1,-ro; ODO RO(Jistration No. 10 Percentage o-f Contracted Work'. 11 DBE Firm? ) • ~ & .f/1, H p-ee N l#IMU>t AlRPORf PASSENGEH80ARDlNG MJO(:;.f.S R[,61D CITY PRQJF.CT NO 19-34 JULY 2020 WO(kS Contractor 1000053208 ~Yes •No 7. Armval Gross Receipts. 0" $1M Cl< SSM !Kl< $10M 0 < $15M rJ > S15M 12. DBE Certtficatton No 48675 LIST OF SUSCON;:\A.CiORS mo FORMS ·PAGE 6
45Attachment 5
46CITY OF PALM SPRINGS Development Services Department 3200 East Tahquitz Canyon Way• Palm Springs, California 92262 Tel: (760) 322-8380 • Fax: (760) 323-322-8360 • Web: www.palmspringsca.gov September 28., 2020 thyssenkrupp Airport Systems, Inc. 3201 N. Sylvania Suite 117 Fort Worth, TX 76111 Via email: enver.sarilar@thyssenkrupp.com Attention: Mr. Enver Sarilar, Director of Sales Subject Airport Passenger Boarding Bridges Project, City Project No. 19-34 Response to Protest of Notice of Intent to Reject Non-Responsive Bid Dear Mr. Sarilar, The City of Palm Springs C'City") has reviewed thyssenkrupp Airport Systems, lnc.'s ("TAS") bid protest. received on September 24, 2020, for the Airport Passenger Boarding Bridges project ("Project"). TAS's bid protest is in response to the City's notice of intent letter issued on September 17, 20201 rejecting TAS's bid as non-responsive. The bid protest claims that, among other things, TAS acknowledged that its bid submission lacked sufficient documentary evidence of NFPA compliance, the fixed walkway refurbishment was included in its bid submission, and the City demonstrated leniency towards the apparent low bidder's bid submission. As a threshold matter, a bid must conform to the material terms of the bid package. (Desilva Gates Constr. v. Department of Transp. (2015) 242 Cal.App.4th 1409; Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175.) A bid is responsive if it promises to do what the bidding instructions demand. (Williams v. Clovis Unified Sch. Dist. (2007) 146 Cat.App.4th 757; Valley Crest Landscape Inc. v. City of Davis (1996) 41 Cal.App.4th 1432, 1438.} Responsiveness should be determined from the face of the bid. (Great W Contractors, Inc. v. Irvine Unified Sch. Dist. (2010) 187 Cal.App.4th 1425.) As a general rule, the City has the discretion to demand strict compliance with its solicitation requirements. (See Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175; Ghilotti Construction Co. v. City of Richmond (1996} 45 Cal.App.4th 897; Konica Business Machines v. Regents of the University of California (1988) 206 Cal.App.3d 449.) At the same time, the City has no authority to waive errors that make the bid materially different than intended. (See Valley Crest Landscape, Inc. v. City of Davis (1996) 41 Cal.App.4th 1432.) The PBB Bid Submittal under the Basis of Award section on the project specifications required NFPA certification to be submitted as part of the bid. T AS recognizes in its bid
47CITY OF PALM SPRINGS Development Services Department 3200 East Tahquitz Canyon Way• Palm Springs, California 92262 Tel: (760) 322-8380 • Fax: (760) 323-322-8360 • Web: www.palmspringsca.gov protest that its bid submission lacked evidence of NFPA compliance. Since TAS's bid did not provide the proper NFPA certification documentation, TAS's bid contains a deviation from the requirements of the bid specifications rendering its bid non-responsive. Furthermore, TAS claimed that leniency was demonstrated towards the apparent low bidder for failing to include 3rd party test results. Every bidder on the Project failed to submit the requested 3rd party test results and it is the Citts intent to waive this requirement for all bidders as a minor irregularity because verification of NFPA compliance would confirm satisfactory test results. Addendum No. 1 requires the bidder to refurbish walkways. However, TAS's bid clearly states that "since the Bid Schedule (Schedule of Price) does not contain a line item for the said refurbishment, we, therefore, indicate here, in this present paragraph 4/ "Fixed walkway refurbishment" the cost for carrying out the requested refurbishment works: 51,000.00 USO (Fifty-Once Thousand USO only)." TAS claims that they included the cost for refurbishment to make the City aware of its inclusion. However, confirmation of the inclusion of other scope of work items did not have monetary values associated with them and those items clearly state that they are included in the bid. Since TAS's bid did not cover the entire walkways refurbishment scope of work in its bid submission, T AS's bid contains a material deviation from the requirements of the bid specifications that makes TAS's bid non-responsive. Furthermore, TAS claims that leniency was displayed toward the apparent low bidder regarding its understanding of the walkway scope. While the apparent low bidder,s bid does state that the "lighting in the existing walkways will be upgraded", they do not state that the walkway scope of work comprises solely of what TAS claims. That is, the apparent low bid bidders Bid Proposal commits them to perform the full scope of work required by the Contract Documents, including Addendum No. 1. As such, City staff will recommend to the City Council at its meeting at 5:30 p.m. on October 8, 2020, to reject the bid submitted by TAS as non-responsive. The agenda for the meeting will include details on the meeting and will be posted on the City's website. We thank you for your interest in this Project and look forward to your participation in future bidding opportunities. Sincerely, Joel Montalvo, MPA, P.E. Civil Engineer C 62624
48thyssenkrupp Airport Systems CITY OF PALM SPRINGS Development Services Department Joel Montalvo 3200 East Tahquitz Canyon Way Palm Springs, C.aUfornia 92262 Re: Airport Passenger Boarding Bridges Project, City Project No. 19-34 Protest to Notice of Intent to Reject Non-Responsive Bid Dear Mr. Montalvo, thyssenkrupp 09/24/2020 Last week we received notice of the intent to reject our bid from being considered by the City as non-responsive for two reasons, i.e., lacking adequate NFPA certification documentation and non-Inclusion of the fixed walkway refurbishment. Also, PSP announced its intention to award the contract to JBT, the most expensive bidder. We herewith want to respectfully protest this Intent on the following grounds: 1. "TKAS bid lacks documentation that the PBB is NFPA compliant." We regret that, Indeed, we had provided insufficient documentary evidence of our Passenger Boarding Bridge f'PBB'1 being NFPA compliant. While this is unfortunate, we believe it can fairly be stated that this is a minor clerical mistake. Such minor omission typically is very easily addressed by requesting a bidder to furnish or complement such documentation upon simple request by the reviewing engineer. It is common knowledge that every single PBB manufacturer in the US is mandatorily NFPA compliant. This is an absolute non-negotiable prerequisite to be in the very business of PBB manufacturing in the US. As such, all PBB manufacturers are, of course, compliant with the latest NFPA standards for their steel PBBs. Therefore we consider it is easy to confirm that it certainly was a simple clerical omrssion of providing adequate documentation to substantiate our obvious NFPA compliance. Consequently, such minor clerical omission should reasonably be considered immaterial to the fair assessment of the responsiveness of our bid. Furthermore, the bid specification asked for including YI party test results. JBT, in its submission, failed to provide these results adequately. While we do not claim JBT to be non-responsive, nevertheless JBT also has not provided the entirety of the NFPA related documentation requested. It is correct that City has the discretion to interpret either generously or strictly bid requirements compliance. While our submission lacked sufficient NFPA compliance substantiation, JBT likewise did not address this requirement adequately either. There can be no gradual, or partial "strict compliance". We address our previous documentary omission, and, as a result of this, we attach herein the requested documentation. Likewise, we have addressed the 3rd party test results and attach herein the requested. Address: ThyssenKrupp Airport Systems, Inc. 3201 N. Sylvania Ave .• Suite 117 fort Worth, Texas 76111 Phone: (817) 210-5000 Fax: (817) 834-6985 Mail: lnfo.tkas.usa@thyssenkrupp.com Internet: www.Ulyssenktupp-alrports.com
49thyssenkrupp Airport Systems thyssenkrupp Page: 2 Date: September 24, 2020 2. TKAS' alleged non-inclusion of the fixed walkway refurbishment. We are very surprised by this interpretation of our bid, and we respectfully disagree with the assertion that we did not include pricing for the fixed walkway refurbishment. To the very contrary, due to a certain ambiguity created by the last-minute addition of the fixed walkway refurbishment introduced by the Addendum, and since the Bid schedule of Price provided for no separate line~ item for the fixed walkway refurbishment, we, therefore, purposely Indicated in our \\Proposal Letter/ Project Understanding Demonstration" that we had taken into account the fixed walkway refurbishment and even indicated the price thereof, to precisely underline its very inclusion in our bid. The refurbishment is valued at $51,000 USD and, naturally, part of our overall bid price. It was by no means to be interpreted as an alternate, or a deviation, or any additional monies to be paid. Again, we precisely wanted PSP to be aware of its inclusion. If there were any ambiguity in the City's understanding, a simple request for interpretation would have sufficed to clear. things up. Besides, JBT, in their section UNDERSTANDING SCOPE OF PROJECT, under "Overview", describes their understanding of the refurbishment scope of works of the fixed walkways solely as "the lighting in the existing walkways will be upgraded". This is unambiguously insufficient and does not cover the entirety of the refurbishment work as required and detailed in the Addendum under question 38. It asks for four (4) tasks to be carried out: (1) Upgrade the existing lighting to LED with new motion-activated switches[ .. ] and (2) replace the floor covering material In addition/ (3) replace the receptacles with new GFCl (4) Weather seals between the building and fixed walkway shall be replaced. Again, the City has full discretion to interpret either generously or strictly bid requirements compliance. While the City is very strict with thyssenkrupp Airport Systems by unfortunately misinterpreting our fixed walkway work inclusion, on the other hand, the City shows considerable leniency in considering JBT's submission where, clearly, in JBT's own words, the refurbishment scope of works is insufficiently addressed. In conclusron, we trust we have satisfactorily addressed the two topics where our bid was considered, in an unnecessary and unusual strict interpretation, to be nonwresponsive. We attach the previously missing adequate and requested NFPA documentation. We respectfuUy ask the Qty to apply the same rational discretion in its compliance assessment and to review our bid submission accordingly. Please reach out to us, at any time, for any further substantiation you may require. We are looking forward to Palm Springs awarding this important project to the lowest, responsive bidder, thyssenkrupp Airport Systems. Yours sincerely and most respectfully, Ulysse Wurtz Head of Business Development N.A. ulysse.wurtz@thyssenkrupp.com Thyssenkrupp Airport Systems, Inc. 3201 N. Sylvania Suite 117 Fort Worth, TX 76111 cell: 206 939 9429 Address: ThyssenKrupp Airport Systems. Inc. 3201 N. Sylvania Ave., Suite 100E Fort WoM, T~s 76111 Phone. (817) 210-5000 Fax: (817) 834-6985 Mall: lnfo'.itkaps.com Internet: www.thyssenklupp-eleYator-espbb.com
50Attachment 6
51AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this _ day of _______ , 20_, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and __________________ hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -THE WORK For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled: AIRPORT PASSENGER BOARDING BRIDGES CITY PROJECT NO. 19-34 (RE-BID) The Work comprises of removal, disposal and installation of eight (8) new passenger boarding bridges, new pre-conditioned air (PCA) units, new 400 Hz Ground Power Units (GPU),new potable water cabinets (PWC), shutdown coordination, and other items of work not mentioned above, as required by the plans and specifications, and completed in place. ARTICLE 2 -COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated AIRPORT PASSENGER BOARDING BRIDGES RE-BID CITY PROJECT NO. 19-34 JULY 2020 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 5
52damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. The parties intend for the Liquidated Damages set forth herein to constitute liquidated damages as such term is used in California Government Code Section 53069.85 to the extent said statute may apply, and to constitute stipulated damages to the extent that said statute is not applicable. Contractor acknowledges and agrees that the Liquidated Damages are intended to compensate the City solely for Contractor's failure to meet the deadlines for completion set forth in the Contract Documents and shall not excuse Contractor from liability from any other breach of Contract requirements, including any failure of the work to conform to applicable requirements. Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor written notice, pursuant to Section 6-8 of the Special Provisions. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination in accordance with the Contract Documents. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. ARTICLE 3 -CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor's Bid Proposal is $ _____ _ Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4 -THE CONTRACT DOCUMENTS AIRPORT PASSENGER BOARDING BRIDGES RE-BID CITY PROJECT NO. 19-34 JULY 2020 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 6
53The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5-MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 6-PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents. ARTICLE 7 -NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice between the parties, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 8-INDEMNIFICATION AIRPORT PASSENGER BOARDING BRIDGES RE-BID CITY PROJECT NO. 19-34 JULY 2020 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 7
54The Contractor agrees to indemnify defend and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action and damages, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor or by any subcontractor or anyone directly or indirectly employed by the Contractor or any other employee or person employed or engaged on or about of in connection with, the construction. This Article 8 incorporates the provisions of Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced and made a part hereof. Prevailing Wages. Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. ARTICLE 9 -NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. ARTICLE 10-MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically AIRPORT PASSENGER BOARDING BRIDGES RE-BID CITY PROJECT NO. 19-34 JULY 2020 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 8
55stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. ARTICLE 11 -CONFLICT OF INTEREST Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement." S/GNA TURES ON NEXT PAGE AIRPORT PASSENGER BOARDING BRIDGES RE-BID CITY PROJECT NO. 19-34 JULY 2020 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 9
56IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, CALIFORNIA By __________ _ David H. Ready City Manager ATTEST: By ____________ _ Anthony J. Mejia, MMC City Clerk APPROVED AS TO FORM: By ____________ _ Jeffrey S. Ballinger, City Attorney RECOMMENDED: By __________ _ Joel Montalvo, MPA, P.E. City Engineer AIRPORT PASSENGER BOARDING BRIDGES RE-BID CITY PROJECT NO. 19-34 JULY 2020 APPROVED BY THE CITY COUNCIL: Date --------Agreement No. ___ _ AGREEMENT FORM AGREEMENT AND BONDS -PAGE 10
57CONTRACTOR By:---------------------Firm/Company Name By: _____________ _ By: ______________ _ Signature (notarized) Signature (notarized) Name: ______________ _ Name: ______________ _ Title: ______________ _ Title: ______________ _ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. (This Agreement must be signed in the above space by one having authority to bind the Contractor to the terms of the Agreement.) State of ------County of ________ ss On _______________ _ before me, _____________ _ personally appeared _________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Signature: Notary Seal: AIRPORT PASSENGER BOARDING BRIDGES RE-BID CITY PROJECT NO. 19-34 JULY 2020 (This Agreement must be signed in the above space by one having authority to bind the Contractor to the terms of the Agreement.) State of _____ _ County of ________ ss On _______________ _ before me, _____________ _ personally appeared __________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Signature: Notary Seal: AGREEMENT FORM AGREEMENT AND BONDS -PAGE 11