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HomeMy WebLinkAbout2/21/2007 - STAFF REPORTS - 2.G. pPLM$A RA ti y u u e ; FOVL % CITY COUNCIL STAFF REPORT DATE: February 21, 2007 SUBJECT: Airport Courtyard Landscape Bid Award — Marina Landscape FROM: David H. Ready, City Manager BY: City Manager SUMMARY This action would reject the bid of Penn Woods Corporation as non-responsive and award the base contract, less the water feature deduct, to the lowest responsive bidder, Marina Landscaping, for City Project No. 06-22, Airport Courtyard Landscaping, in the amount $781,495, RECOMMENDATION: Recommend City Council adopt Resolution No. rejecting the bid of Penn Woods Corporation as non-responsive and awarding the base Contract, less water feature deductive price, to Marina Landscape, Inc., in the amount of $781,495, for City Project No. 06-22, Airport Courtyard Landscaping, STAFF ANALYSIS: On February 6, 2007 bids were received for the Airport Courtyard Landscaping Project, City Project No. 06-22. (Note: This project is the landscaping of the connector walkway from the new Check-point to the new Hold-room and the small courtyard in front of the new Hold-room. The work does not include the main courtyard between the checkpoint and Bono Concourse.) A drawing will be displayed at the City Council meeting. The pre- bid estimate was $600,000 for landscape and $100,000 for the water feature. Results of the bidding are as follows: Bidder Base Bid Deductive Total Penn Woods Corp. $417,000 ($351,000) $66,000 Marina Landscape $849,995 ($68,500) $781,495 ITEM NO. City Council Staff Report February 21, 2007--Page 2 Airport Courtyard Landscaping Bid Award At first glance the low bid number looks very low, as much as $300,000 below the estimate. The bid also required the contractor provide a deduct for the removal of the water feature; there is an obvious error in the Penn Woods Corporation deductive price. In reviewing this issue with the City Attorney it was determined that this was not just a minor mathematical error, but, rather a complete misunderstanding of what was being asked for and such errors make a bid non-responsive. The Bidder also wrote conditions on the bid page which is not allowed. All previous projects listed as references for Penn Woods Corp. were in the $100,000 to $200,000 range and were custom homes. While reviewing their references with them it was stated that "we are just transitioning into commercial projects". For the above reasons staff recommends that the apparent low bidder be thrown-out as non-responsive and award to the next low bidder. The other bidder, Marina Landscape, has completed recent jobs at the airport and the convention center in a satisfactory manner. Their total bid of $849,995 is $150,000 more than the estimate and the estimate was stretching the airport's budget for the project. As such staff recommends that the water feature deduct of ($68,500) be accepted and that the project be awarded to Marina Landscape for the total price of $781,495. Landscaping will be put in place of the water feature which could then be installed at a later time should funding become available. This item was reviewed by the Airport Commission at their regular meeting of February 14, 2007 and it was approved as recommended by staff. ^i FISCAL IMPACT: The funding for this project will come from the $2.5 miillllii/on budget amendment that was recommended by Commission and recently approved by City Council; Account 415- 6500-56082. That budget had just over $700,000 for work related to the landscaping effort plus a contingency amount of $225,000, so there is ample funding to cover this work. Allen F. Smoot, Air ort Construction Administrator David H. Ready, City Ma� Attachment: I- Resolution 2. Construction contract RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REJECTING THE BID OF PENN WOODS CORPORATION FOR THE AIRPORT COURTYARD LANDSCAPING PROJECT, CITY PROJECT NO. 06-22 AS NON-RESPONSIVE. AND AWARDING THE EASE BID, LESS DEDUCTIVE PRICE FOR DELETION OF THE WATER FEATURE, TO MARINA LANDSCAPE, INC. IN THE AMOUNT OF $781,495. WHEREAS, on February 6, 2007 two bids were received for the Airport Courtyard Landscape Project, City Project No. 06-22; and WHEREAS, the apparent low bidder, Penn Woods Corporation, placed the resultant price rather than the deductive price for the deletion of the water feature on the deductive pricing sheet which if elected to be accepted by the City would result in a final price of $66,000 rather than $361,000; and WHEREAS, Penn Woods Corporation wrote clarifications on the bid forms contrary to the bidding instructions; and WHEREAS, Penn Woods Corporation submitted references to show their competency to do the job that revealed they specialized in custom home landscaping, between $100,000 and$200,000 in value, rather than commercial landscaping; and WHEREAS, Marina Landscape, Inc. was the second low bidder with a base bid of S849,995 and a deductive price of(S68,500), THE CITY COUNCIL OF THE CITY OF PALM SPRIINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That based on the deficiencies outlined above in the Perm Woods Corporation submittal, that bid, is hereby found to be non-responsive and is rejected from further consideration. SECTION 2. That the Airport Courtyard Landscaping Project Contract, City Project No. 06-22, is hereby awarded to Marina Landscape, Inc., accepting the Base Sid less the Deductive Pricing for deletion of the water feature, at S781,495. ADOPTED THIS 21 st day of February, 2007. David FI. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on February 21, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California AGREEMENT THIS AGREEMENT made this day of in the year 200_'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 The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s)of the City's Contract Documents entitled: AIRPORT COURTYARD LANDSCAPING CITY PROJECT NO.06-22 The Work is generally described as follows' Provide the materials,supplies,services,equipment and manpower to complete the landscaping,landscape lighting,site drainage, boulders and irrigation necessary to complete the Airport Courtyard Landscaping,City Project No,06-22. 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 F 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 of$250 for each calendar day that expires after the time specified in Allele 2, herein 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 Contractors Bid and Bid Sohedule(s) ARTICLE 4—THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidders General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings. Addenda numbers to , inclusive,and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. Airport Courtyard Landscaping CITY PROJECT NO.06-22 AGREEMENT FORM 01/03/07 AGREEMENT AND BONDS ARTICLES—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 Engineer or the City as provided in the Contract Documents. ARTICLE 6—NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice,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 7—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 stated to the contrary in any written consent to an assignment, no assignment wlll 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. IN WITNESS WHEREOF,the City and the Contractor have caused this Agreement t0 be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS,CALIFORNIA By City Clerk APPROVED BY THE CITY COUNCIL: APPROVED AS TO FORM: Minute Order No. Date By Agreement No City Attorney Date CONTENTS APPROVED: By City Engineer Date By City Manager Date Airport Courtyard Landscaping CITY PROJECT NO.06.22 AGREEMENT FORM 01/03/07 AGREEMENT AND BONDS