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HomeMy WebLinkAbout5/7/2008 - STAFF REPORTS - 4.A. 011 U10'01:" AL ILIA 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. os/d 712o0 g .z- 4- A . S`dPPc..e,�.PEnI r��- 40 W4 �x 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 �5�d 7 fZvD� 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 o�ppLMsp� iy U m # Hcp04RO Aye cA``F09101 CITY COUNCIL STAFF REPORT �/.1 07g� 7 �C) A 4A� 7r�OD� SeJGPL cF /`, P (2Z:-Pb -Y DATE: ApfiH -2@08 !� w= 0 i=D ev 0 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 aaaaa2 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 I i I i O O O ram,] I 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 0000�" 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