HomeMy WebLinkAbout5/7/2008 - STAFF REPORTS - 4.A. 011
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CITY COUNCIL STAFF REPORT
DATE: May 7, 2008
SUBJECT: SUPPLEMENTAL REPORT — ITEM # 4A - DETERMINATION ON BID
PROTESTS AND AWARD OF CONTRACT ON THE AIRPORT'S
IMPROVE/MODIFY/REHAB TERMINAL COMPLEX PROJECT, CP # 07-
09, AIP 3-06-0181-43.
FROM. David H. Ready, City Manager
BY: Department of Aviation
SUMMARY
The action recommended is to uphold the Protest of the second low bidder for the
Improve/Modify/Rehab Terminal Complex Project, CP# 07-09, AIP 3-06-0181-43, find
the low bidder as non-responsive, and award the contract to the second low bidder
subject to Federal Aviation Administration approval and Planning Commission approval
of landscape and water feature plans.
RECOMMENDATION:
1. Adopt Resolution No. , upholding the bid protest of Harbor Construction
Company, denying the bid protest of Doug Wall Construction and award Contract
for the Improve/Modify/Rehab Terminal Complex Project, CP # 07-09, AIP 3-06-
0181-43, to the second low bidder Harbor Construction Company, Inc., in the
amount of $6,559,000, subject to FAA approval and Planning Commission
approval of landscape and water feature plans.
2. Encumber the steel shop drawing portion of the contract in the amount of
$50,000 immediately following the award with the remaining portion of the
contract to be encumbered after FAA approval and contract execution.
3. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR
FISCAL YEAR 2007-2008, ADDING $5,572,262,
4. Authorize the City Manager to execute all necessary documents.
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City Council Staff Report
May 7, 2008
Supplemental Report—Item 4A
STAFF ANALYSIS:
The Palm Springs International Airport has completed the design and bidding of its
Improve/Modify/Rehab Terminal Complex project. This project includes rehabilitation of
the existing public areas of the terminal, a complete renovation of the terminal complex
large courtyard, new concessions, a covered walkway to the southerly hold-room and
much needed security enhancements. The design team is still working through the final
approval of the landscape and water feature plans with the Planning Commission.
Once approval is received, a change order will be utilized to incorporate the final
approvals into the project. No landscape work will be undertaken until the final
approvals are in place.
Following a thirty day bidding period, project bids were received on April 24, 2008. The
apparent law bidder was Jaynes Corporation ("Jaynes"). The bid tabulation is attached.
Immediately after the bid opening, the City received bid protests from the second and
third lowest bidders, Harbor Construction ("Harbor") and Doug Wall Construction
("DWC") disputing the responsiveness of Jaynes's bid. As a result of these protests,
staff requested to continue this item until May 7, 2008 so the protests could be
considered by staff and the city attorney and an informed recommendation made to the
City Council. Upon consideration of the protests and review of the bid submittals staff
recommends that the bid of the apparent low bidder Jaynes be deemed non-responsive
as Jaynes failed to provide information required by the proposal forms and
specifications at the time of the bid opening. Staff would further recommend that the
award of this contract be made to the second low bidder Harbor.
In an effort to expedite the project, the bidders were required to submit a cost for
preparation of steel shop drawings. As such, immediately following the award of the
contract, a Purchase Order can be issued for the critical path work. The successful
contractor will be required to submit a letter acknowledging that this work will be in
accordance with all contract documents for the project and the Purchase Order will have
similar language included. The funding for this work element will be allocated from
Airport funds so as to not conflict with the requirements for FAA approval.
Thom s No an, A.A.E, Executive Director Allen Smoot, Owner's epresentative
David H. Ready, y Manager
Attachment: Bid Tabulation
1. Resolution (2)
2. Bid Tabulation
RESOLUTION NO.
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
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 nonresponsive. 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.
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 day of , 2008.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
Reviewed and Approved as to Form:
,7;,, 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE BUDGET FOR FISCAL YEAR
2007-2008
WHEREAS, Resolution 21901 approving the budget for the fiscal year 2007-08
was adopted on June 6, 2007; and
WHEREAS the City Manager has recommended, and the City Council desires to
approve, certain amendments to said budget.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1 . ADDITIONS
Fund Activit Account Amount
415 Airport Improve/Modify/Rehab 6500-XXXXX $5,552,813.00
Terminal Complex
Purpose: To amend the FY 2007-08 budget to provide funds for the City portion
of the Improve/Modify/Rehab Terminal Complex Project.
SECTION 2. SOURCE
Fund Activity Account Amount
415 Airport Retained Earnings 29302 $5,552,813.00
ADOPTED THIS 7th day of May 2008.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
Resolution No.
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 May 7, 2008,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE BUDGET FOR FISCAL YEAR
2007-2008
WHEREAS, Resolution 21901 approving the budget for the fiscal year 2007-08
was adopted on June 6, 2007; and
WHEREAS the City Manager has recommended, and the City Council desires to
approve, certain amendments to said budget.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. ADDITIONS
Fund Activity Account Amount
415 Airport Improve/Modify/Rehab 6500-XXXXX $5,572,262
Terminal Cam lex
Purpose: To amend the FY 2007-08 budget to provide funds for the City portion
of the Improve/Modify/Rehab Terminal Complex Project.
SECTION 2. SOURCE
Fund Activity Account Amount
415 Airport Retained Earnings 29302 $5,572,262
ADOPTED THIS 7th day of May 2008.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
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Resolution No.
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 May 7, 2008,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
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cA``F09101 CITY COUNCIL STAFF REPORT
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SUBJECT: AWARD CONTRACT FOR THE IMPROVE/MODIFY/REHAB TERMINAL
COMPLEX PROJECT, CP # 07-09, AIP 3-06-0181-43 AND BUDGET
RESOLUTION
FROM: David H. Ready, City Manager
BY: Department of Aviation
SUMMARY
This action seeks award of contract to the low/responsive/responsible bidder for the
Improve/Modify/Rehab Terminal Complex Project, CP # 07-09, AIP 3-06-0181043,
subject to Federal Aviation Administration approval and Planning Commission approval
of landscape and water feature plans. The timing of this project and the desire to
complete it within this calendar year is the purpose for the expeditious processing.
RECOMMENDATION:
1. Approve an Agreement with Jaynes Corporation, in the amount of $6,448,000,
for the Improve/Modify/Rehab Terminal Complex Project, CP#07-09, AIP 3-06-
0181-43, subject to FAA approval and Planning Commission approval of the
landscape and water feature plans.
2. Approve the issuance of a purchase order not-to-exceed $25,000, for the steel
shop drawing portion of the contract, immediately following award, with the
remaining portion of the contract to be encumbered after FAA approval and
contract execution_
3. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR
FISCAL YEAR 2007-2008."
4. Authorize the City Manager to execute all necessary documents.
Item 4 .A.
City Council Staff Report
April 30, 2008— Page 2
Award Contract Terminal Complex Project & Budget Resolution
STAFF ANALYSIS:
The Palm Springs International Airport has competed the design and bidding of its
Improve/Modify/Rehab Terminal Complex project- This project includes rehabilitation of
the existing public areas of the terminal, a complete renovation of the terminal complex
large courtyard, new concessions, and a covered walkway to the southerly hold-room
and much needed security enhancements. The design team is still working through the
final approval of the landscape and water feature plans with the Planning Commission.
Once a final approval is received, a change order will be utilized to incorporate the final
approvals into the project- No landscape work will be undertaken until the final
approvals are in place-
Following a thirty day bidding period, project bids were received on April 24, 2008.
Jaynes Corporation was the successful low bidder with a bid of $6,448,000. The Bid
Tabulation is attached. In an effort to expedite the project, the bidders have been
required to submit a cost for preparation of steel shop drawings, therefore immediately
following the award of the contract; a Purchase Order can be issued for that critical path
work. The successful contractor will be required to submit a letter acknowledging that
this work will be in accordance with all contract documents for the project and the
Purchase Order will have a similar statement included- The funding for this work
element will be allocated from Airport funds so as to not conflict with the requirement for
FAA approval-
FISCAL IMPACT:
The total estimated cost for the entire project including design, construction,
administration, testing, security and public address systems as well as a 5%
contingency is $8,675,800- The funding for the project consists of the following:
$2,814,538 AIP 43 (415-6600-56084 & 415-6400-56084)
$ 400,000 Holdroom — Excess Funds (415-6500-56082)
$5,461,262 Airport Fund Balance (415-6500-XXXXX)
The current fiscal year entitlement grant AIP 43 will be issued as soon as the bid
information is approved by the FAA. The fiscal year 2009 FAA grant program has yet to
be approved by Congress- The Airport will apply for an additional entitlement grant next
fiscal year which is projected to reimburse approximately $3 million of eligible portions
of the require ansfer from Airport Fund Balance WA_
-
Thomas Nolan, Executive Director, Airport Allen moot, Ownerl Representative
David H. Ready, ager
Attachment: Bid Tabulation CP 07-09 Budget Resolution
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PALM SPRINGS INTERNATIONAL AIRPORT
IMPROVE/MODIFY/REHAB TERMINAL COMPLEX
CP#07-09,AIP 3-06-018143
BID TABULATION AND ANALYSIS Schedule A
Item le. Total
Bidder EEO? DBE% Item la. Item 1b. Item 1c. Item 1d. thr_ a ia. Schedule "A"
Doug Wall Construction No/Yes 0% 388,000 455,000 862,500 4,893,474 115,000 6,713,974
AMD Construction Group Yesfyes 17% 1,112,616 1,101,944 955,656 4,699,395 115,000 7,984,611
Harbor Consturciton Co. YesNes 0% 300,000 300,000 400,000 5,444,000 115,000 6,559,000
Jaynes Corporation No/No 0% 1,100,000 658,000 625,000 3,950,000 115,000 6,448,000
Morrissey Const. Co. Yes/Yes 0% 681,900 448,320 635,415 4,933,190 115,000 6,793,825 7
JM Builders Yes/Yes 0% 1,000,000 450,000 550,000 5,300,000 115,000 7,415,000
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR FISCAL YEAR 2007-2008.
WHEREAS, Resolution 21901 approving the budget for the fiscal year 2007-08 was
adopted on June 6, 2007; and
WHEREAS the City Manager has recommended, and the City Council desires to
approve, certain amendments to said budget.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. ADDITIONS
ff415
irpor ActivityAccount Amount
At Improve/Modify/Rehab 6500-XXXXX r,461,262
Terminal Com Iex
Purpose: To amend the FY 2007-08 budget to provide funds for the City portion of
the Improve/Modify/Rehab Terminal Complex Project.
SECTION 2. SOURCE
Fund Activit Account Amount
415 Airport Retained Earnings 29302 $5,461,262
ADOPTED THIS 30TH DAY OF APRIL 2008.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
J
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Resolution No.
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
1, 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 April 30, 2008, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
000005