HomeMy WebLinkAbout22222 - RESOLUTIONS - 5/7/2008 RESOLUTION NO. 22222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, UPHOLDING THE BID
PROTEST OF HARBOR CONSTRUCTION COMPANY
INC., PURSUANT TO THE AWARD OF CONTRACT ON
THE AIRPORT'S IMPROVE/MODIFY/REHAB TERMINAL
COMPLEX PROJECT, CP # 07-09, AIP 3-06-0181-43 AND
AWARD THE CONTRACT TO HARBOR CONSTRUCTION.
A5659.
The City Council of the City of Palm Springs finds:
A. The City received competitive bids in response to the call for bids for the Airport's
Improve/Modify/Rehab Terminal Complex Project, CP # 07-09, AIP 3-06-0181-43 on
April 24, 2008. The apparent low bidder was Jaynes Corporation.
B. Chapter 7.08.030 of the Palm Springs Municipal Code allows bidders to file bid
disputes within five (5) days of the time of bid opening. Pursuant to Chapter 7.08.030,
two bidders filed bid protests with the City disputing the award of the contract to Jaynes
Corporation. The bid protests were submitted by Harbor Construction Company and
Doug Wall Construction.
C. The bid protests alleged, in part, that Jaynes Corporation failed to provide all
information required by the proposal forms, Instruction to Bidders and Section 20 of the
General Provisions at the time the bids were submitted to the City.
D. The City Council has carefully reviewed and considered all of the evidence in
connection with the two bid protests and the supplemental information provided by all of
the affected parties.
G. The City Council specifically finds that the Invitation for Bid which was distributed
by the City required that every bidder must supply all information required by the
proposal forms and specifications. Further, that each bidder acknowledged and agreed
that by failing to complete the bid forms in their entirety, the City may find the bidder's
entire bid non-responsive. Finally, that all bidders were placed on notice that any
irregularities of any kind that make a bid incomplete would be grounds to find a bid non-
responsive.
F. The City Council specifically finds that Jaynes Corporation failed to provide all of
the information that was required by the proposal forms at the time the bids were
opened and that as a result Jaynes Corporation's bid is non-responsive and award of
the contract shall be made to the second-lowest bidder Harbor Construction Company.
Resolution No. 22222
Page 2
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby:
1. Upholds the bid protest of Harbor Construction Company
2. Denies the bid protest of Doug Wall Construction
3. Awards the Contract for the Improve/Modify/Rehab Terminal Complex
Project, CP # 07-09, AIP 3 06-0181-43, to the second lowest bidder Harbor
Construction Company, in the amount of $6,559,000, subject to FAA approval and
Planning Commission approval of landscape and water feature plans.
ADOPTED THIS 77H DAY OF MAY, 2008.
David H. y, City anager —
ATTEST:
mes 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. 22222 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 the 7rh day of May, 2008, by
the following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk-
ity of Palm Springs, California /