HomeMy WebLinkAbout4/30/2008 - STAFF REPORTS - 2.D. COVINGTON CROWE LLF Fax: Apr 20 2008 10:12am P001YO09
ATTOt1NLYS AT X A.W Samuel F.Qowe w92=A Hauck
11t3I vast SUM$tceet,Suite 300 R.aben E.bougheny Tanya Si cmorc Hc*
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Teleph.One(909)983-9393 �•'^ u t 1�'z!? 7cssc T..Mm ou
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FACSIMME TRANSMISSION
DATE: .APXQ 29,ZOOS � J �(!
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NAME PAX#;` PHONE##
Mr. Craig L. Gladdens (760) 323-8283 (760) 322-8373
Office of Procurement&
i Contracting
City of Palm Springs
FROM: Teresa L. Guereque,Legal Assistant to James W.Biedebadh&Jesse T.
Morrison
F.E: Bid protest of Harbor Construction Co., Inc.
Improve/Modify/Rehab Terminal Complex Project
Palm Springs International Airport
CLIENT/MATT EII: CLIENT NAME: Harbor No. of Pages,;
Construction CO.,Inc. Incl. Coyer; 6
MATTER NAME:
IF'YOU BO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US BACK
AS SOON AS POSSffiLE AT(909)983-9393,es#. 3209
Please see the following correspondence dated April 29,2008.
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CONTAIN MORMATION TH,1T IS FRIVD.£GED,CONNFIDLNr1A1 A$.'p F YA-r FROM AISCLOSORE UNDER A"LI•CAKX
IAW. IF THE READER OF THIS MESSAGE S NOT THE INr1NDED RFG@Dc.VT. OR 717 £MpLOYIT OR AGENT
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.tQM r MAnONr DMRIBDTTON OR COPYWG OF TMJ,S COM MNIGMN 19 5;jWCTLY FROIII UTME 17
Tc'Cllj HAVE
RECEIVED THIS COWdUMCATION IN rRROR,FLEASE NOTIFY US IMA9SAIATFs Y 9Y 71C MbNE,AND RE'l�1HN THE
NR(GrNAL MCESS,q,GE TOOS AT THEAIIDRl:SS AnOVE VIA T,aB U.S.POSTAL SERVIC& TTLLNKYOD.
COVINGTON CROTE LLP Fax: Apr 30 2002 10:12am F002/006
XES V1i ZYN Xr LAW Samuel.?.Crowe William A Hm*
1131 West Sixth Str`4 Suite 300 FobertB,Dougheixy TSmyaD.-SiaemareRehir
Ontario,California 91762 I==V%Biedebach Suncn dtivas '
xelephmt(909)M-9893 dose T-Morison
Faclimile(909)$91-6762 Naomi R:7 =rzia*
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April 29,2008 �v �10 ��T71
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M FACSLMILE A C.S.AMIL LLO� 323-8238 a
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Mr. Craig L, Gladders "  --'p
Office of Procurement&Contracting
City of Palm Springs ry —
3200 R Tahquitz Canyon Way c
Palm.Springs,CA 92262
RE: Bid Protest of Harbor Construction Co., Inc,
Improve/Modify/Rehab Terminal Complex Project
Palm Springs International Arport
Please be advised tbat this office represents harbor Construction Co.Inc., ("Harbor")-bidder on
the above-referenced project.I have reviewed the protest letter dratted by my client dated April'
25,2009, as well as the zewonse letter from the City of Falm Springs("City")dated Apol 28,
2008 and believe that the City is incornct in its determination that Jaynes Corporation dreneral
Contzactors ("Jaynes")is the lowest responsible bidder.
This letter is intended to be:
i. A supplemental letter on behalf of Harbor to protest against the award of a conisact to
Jaynes on the above-referenced project due to the reasons set tbrrh in the original A.pri124 Ictter
of protest,which are;
a) The unfair competitive advantage obtained by Jaynes for its failure to Hurry
comply with the requizemeats of the bid docamcnts by not listing pertinent snbconbm4or
information;
b) Its failure to list a properly licensed subcontractor to provide the installation of the
Tensioned Fabric Structure;and
c) Its failure to list a properly Iicensed subcontractor to provide the insrallation of the
file Carpeting as requ zed under the contract.
COVIMON CROWE LLP Fax: Apr 30 200S 10:12am P003/006
Office of Procurement&Contracting
-City of Palm Springs
April 29,2008
Page 2
i
. 1
2. A request under California Governmenr Code 54954.1 for mailed notice of all meetings
of the awarding authority for this contract at which any issues pertaining to the award of that
contract are on the agenda. If there is any fee for this service,please telephone that information to
us immediately so we can promptly pay the fev,
3, A request to be iaormed by telephone or fait as soon,as any staff reports or . .
recommendations conoeming any issues pertaining to the award of that contract are available to
the public,so we,can immediately imspect those reports or recommendations.
4. A request to address floe awarding authority for this contract before'or eluting its '
consideration of any issues pertaining to the award of the coutrac which opporbrnity
guaranteed by Caliornia Gowoenment Code y 54954.3(a).
If this letter is not sufficient to accomplish any of these purposes,please let us know uxuuediately
what else is required,so we can comply.If we do not hear from you,we will proceed on the basis
that this letter is sufl2Oimnt.
i
In summary,an award of the contract to Jaynes would violate the laws,standards sad practices
applicable to competitive bidding on piklic works projects in California for the follow ng
reasons;
Failur,to.Proneri2CornnLete the Bid Form
As more fully set forth within the previous letter sent by Hatbox oa A,pri124,2008,the bid
documents requited that:
"The Bidder must supply all information required by the proposal forms and
specifications."
The bid documents further provide in Section 20 that"all-blank spaces in the bid forms must be
correctly filled ire'and"Bidder acknowledges and agrees than by failing to complete the bid
forms in their entirety,the,Owner may find the bidders entire Bid not responsive."
While the City did acknowledge the applicability of Public Contract Cade in
allowing certain subcontractor information to be supplied by the general contractor within 24
hours of the bid,the City did require at the time of subrnitring the bid significant information
regarding all listed subcontractors on the project.This was specifically required information to be
provided at the time of the bid and included,but was not limited to,the work to be performed by
each subcontractor,the license number of eacb sacotttactor;the percentage of the total contract
for eacli subcontractor as wall as each of the addresses for each subcontractor-
COVINVON CROWE LLP Fax; Apr 30 2008 10:12am P004/00B
Mn Craig L. Madders
I Office of Procurement&Coati-acting
i' City of Palm Springs
April 29,2008
Page 3
I
1'Harbor completed all of This required information,much of which was done during tile;final
minutes before the bid was submitted,Jaynes did not complete all of this required infornatioa
which allowed it to spend.additional time negotiating with its subcontractors obtaining additional
pricing from its subcontractors during the crucial last few minutes before the bid closed. This
I gave Jaynes an unfair competitive advantage over harbor,Konica Eusiness Machines 1. Regents
of University of Cal ornia(1988)206 CaLApp,3d 449.
i
Failure to Provide a Licensed Subcontractor for fire lnsfallatiyn of the Tensioned Fabric
� Structure
In submitting its bid for the lastailatiou of the Tensioned Fabric Structure.Jayne failed;to
properly list a licensed subcontractor for the installation of the Tensioned Fabric Stcarcttra.
Initially,it appears that Jayne attempted to list Span Systems,Inc.,sn out of state lmlicensed
contractor in California,as the listed subcontractor for this scope of work.Jayne also listed an
`incorrect license aumbcr for Spau Systems in an apparent attempt to disguise the lack of
licensaua for Span Systems,Inc. Only after this deficiency was pointed out by harbor did Jayne
concede the lack of liccasurc and now is improperly attempting to claim that it will perform this
scope of work in questioxz with its own forces.This is completely inappropriate and outside the
,specifications called for in the contract for The following reasons:
Section 13.31.23 of the specifications to the contract proviaes the relevant requirements for the
'fabrication and installation of the Tensioned Fabric Structure. These specific requireme�ts are
designed to unsure the.quality of the work,as well as the applicability of any manufacturer's
warranty, These requirements are very specific and are mandatory under the contract,
'I More specifically,se ction 1.4 sets forth the qualifications for the manufacturer and the
installation of the structa r& Said section req*es•a"firm capable of assuming complete .
responsibility for design,eng neetzpg,fabrication,delivezy,preparation,installation, adjusting,
and cleaning of tension membrane stmc=4,and as follows:
j
Providing installation directly supervised by superintendent,directly employed by Ca3zLFactar
'with S years experience in installation of renslon fabric struc#ures ofsiinilar size and completey
to that Specified In this Section."
i
Subsection l3 of sectiop I-4 further requires that the installer of the equipment be the
"matsufacturer or aurhorised by manufacturer. "
These specification sections requile that the listed contractor retain or employ the.entity�or
[individual that installs the stxlicture(s). For quarry assurance,this requirement cannot be
elegatcd and cQDtrol of this fimcrion must remain wit the contracted entity. ,As such,the
;contract mandates that Spin Systems maintain control of the installation of the Tensioned Fabric
�Structute.
C COVINGTON CROWE LLP Fax: Apr 30 2008 10:12am FOGS/GOB
lvlr, Craig L,Crladders
Office of,Procurement& Contracting
City of Palm Springs ;
April 29,N08
Page 4
This,however,cannot be possible under California law as the contracting entity(Span-Systems)
must possess a valid California Contractor License,notwitstanding the license status ofthe
installer.
Harbor is informed and believes that Jayne is neither authorized by the manufacturer to install the
'Tensioned Fabric Structure nor are they qualified to do so pursuant to the relevant specification
section. Therefore,Jaynes"fallback"position that it will simply perform the work itseif is not
appropriate,and cannot be accepted by the City.
Failure to last a r erl licensed subcantractor to Par-Farm the installation of the lkorinz
tiles rewired under the contract
Initially Jaynes had Continental Tile as the subcontracror who was to perform this work to install
carpeting file on the project. Harbor had correctly pointed ow to the City that this entity was not
pxoperlq licensed for this scope of wort;and the listing of Continental Tile would thus render
I Jaynes bid completely unresponsive. Subsequent to receiving Harbor's protest the City.notified
Harbor that Jaynes had committed a"clerical error"by inadvertently removing Del Fk}oting from
its bid submission and had somehow listed Continental Tile in its stead.To validate this position
adoaneed by the contractor it would seem that not only would Jaynes need to juSE15,its failure to
list an appropriate subcontractor for this scope of work but also it would have to explain the
reasons behind listing E subcontractor that is completely non-responsive to the bidding
requirements. I find this explanation set forth.by Jaynes completely disingenuous_
Finally in waiving the clerical error claim by Jaynes,the City has made the claim in its Aril 79"' '
letter that"Jaynes complied with all of the requirements of Public Contracts Code§ 4.107(a)(5)
and 4107.5 in notifying the City and making the proper corrections;'We have seen no.evidence
of this and would therefore formally request copies of all documents and couespondence
submitted by Jaynes and relied upon by the City in making its determination..
while Harbox concedes that the code contains aprocess by which such clerical errors can be
corrected,Public Contract Code§4107.5 sets forth the piocedure that must be followed if a
general contractor snakes a clerical error in the listing of its subcontractors. Since we lxage not
been provided with any leormatioa regarding this alleged clerical error we cannot det4npine
whether these procedures have been followed. For example,in order to correct any alleged
inadvertent clerical error, Jaynes must have,within 2 working days after the time of the prime bid
opening ay the m ding authority, given written notico to the awarding authority and copies df
that notice to both the mbcontrantor he or she claims to have listed in ei;ror and the intended
subcontractor who bad bid to the prime contractor prior to the bid opening.
It should be noted as well that the statutory procedure requiies a public heating and my client
would have lead the opportunity to give evidence at that hearing.Public Contract Code§
4107 5(b) (The awardutg authority may, on its own motion or that of any other party,admit
A41.r. C.ra1g L, liladder5 COVINGTON CROWE LLP Fax: Apr 30 200S 10;13am MUM ,
Office of Procurement&Contracting
City of Palm Springs
April 29,2008
Page 5
testimony of other contractors...which may have a bearing on the decision of the awardi,19
authority).Vile vtivc would demand,at the very,least,a hcariag ou the merits of this issue we
believe that.laynes failure to oornply, or its apparent failure to comply,with the st=tdiy
procedure of section 4107.5 eliminates fson the analysis any consideration.that Jayne inay have
made a clerical error.
b conclusion,the basic rule is that the decision as to whether a bid is responsive or not is based
upon the bid it elf.MCMCanstructron,Ina v, Ctty and County ofSan Francisco(1998)i56
Cal;A,pp_e 3$9.The issue of responsiveness(as opposed to responsibility)requires ovly,that the
agency review the bid to ensure that it is complete and that it complies,with the bidding .
r6quirements.If that rule is applied here, it is obvious that Jayztes bid is na responsive;Jaynes
has completely failed to list a liceassd and appropriately qualified contractor to install the
tensioned fabric structure despite the clear contractual requirements that they•do so,Additionally,
the face of the bid shows that Continental Tile is Listed as the carpet the installer even thorigh it.is
.not liccnsed to do so.
The analysis of responsiveness by the City seems to rely on materials fhat were(as fat&s l know),
Obtained after the bid by Jaynes was submitted. If this was the ease,I must insist that the '
procedures set forth in section 4107.5 of the Public Contract Code be followed so that the claims
Of clerical error can be properly evaluated and analyzed to coq£um the veracity of this 4lairu,
For the foregoing reasons,I am hoping that you will reeonsidcr your analysis and award the
project to the lowest responsible bidder,Harbor Consttucldon,
sincerely,
�ames W. Biedebaeh
of COVINOTON& CIZOwE, T-LP
JPVS✓tIg
cc: harbor Construction Co., lnc.
F?ALM SA
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„C'9<fpp9 CITY COUNCIL STAFF REPORT
DATE: April 30, 2008
SUBJECT: Supplemental Report— Item 2d -- Overruling of Bid Award Protests (2)
FROM: David H. Ready, City Manager
BY: Department of Aviation
SUMMARY
This action is a request for City Council to overrule protests of two bidders on the
Improve/Modify/Rehab Terminal Complex Project, CP # 07-09, AIP 3-06-0181,
RECOMMENDATION:
Overrule the Bid Protests of Harbor Construction Company and Doug Wall
Construction, Inc. concerning subcontractor listing deficiencies as inadvertent clerical
errors, within the provisions of the Public Contract Code, subcontractors below the
listing limit and material suppliers not required to be listed and find that Jaynes
Corporation's bid was responsive.
STAFF ANALYSIS:
On April 24, 2008 the City opened bids on the Airport's Improve/Modify/Rehab Terminal
Complex Project. The low, responsive, responsible bidder was found to be Jaynes
Corporation. Within a few hours of the bid opening the second and third low bidders
filed protests with Procurement and Contracting, copies attached. Both of the protests
involved alleged deficiencies with the listing of subcontractors by Jaynes Corporation.
The bid protests were forwarded to Jaynes Corporation for response. The response was
received that same day and all of the information was forwarded to the City Attorney for
review. The City Attorney has found that the alleged deficiencies have been properly
corrected under the provisions of the Public Contract Code, or were not required to be
listed under provisions of the Public Contract Code and all fall within the City's
discretion to accept. Following the review by the City Attorney, letters were sent out via
fax, e-mail and hard copies to the two protesting parties on Monday April 28, 2008
explaining why the City did not concur with their requests to find Jaynes Corporation as
�UPPLGMGJJTAL ,�c�D21
Supplemental Report—Item 2d
Non-responsive, see attached letters from Procurement and Contracting that explain the
reasoning for overruling the protests.
As of the time of preparation of this report Harbor Construction Company has notified
Procurement and Contracting that they intend to pursue this further.
Craig Gla der , C.P.M., Procurement and Allen Smoot, Owner's Representative
Contracting Manger
gM�
Thomas Nolan, A.A.E, Executive Director
r
David H. Ready, City er
Attachment(s)
1. Protest Letters (2)
2. Response to Protest Letters (2)
R_VC
DOUG WALL CONSTRUCTION, INC.
CA St.Lie i�743 r t 2
4/25/2008
City of Palm Springs
Office of Procurement and Contracting Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Bid for Palm Springs Airport Improve/Modify/Rehab Terminal Complex
Dear Mr. Gladders, C.P.M.
Please accept this letter as a formal protest of the apparent low bidders for the Palm Springs Airport Improve/
Modify/Rehab Terminal Complex Project.After reviewing subcontractor lists from the two apparent low bidders,
it appears that each of these contractors have failed to list all subcontractors that are in excess of one-half of
one percent of their respective bids as required under section 4100,et.Seq., of the Public Contract Code.
We have included a list of these subcontractors for your review.Therefore,their bids should be deemed
non responsive and the bid awarded to Doug Wall Construction, Inc,who was the third lowest bidder.Thank you for your
prompt attention in this matter.
Sincerely,
Dcug WaII
President
Harbor Construction Jaynes Corporation
Survey Survey
Fireproofing Hollow Metal Doors&Frames
Hollow Metal Doors&Frames Simulated Stone Counters
Simulated Stone Counters Carpeting (Continental Tile listed which only
Signage performs tile work¬ carpeting
Ceramic Tile 951-284-1776)
Structural Concrete
78450 Avenue 41, Bermuda Dunes,CA 92201 • Office: (760) 772-8446 0 Fax: (760) 772-9407
04/25/2008 10:44 FAX 949 457 9888 HARBOR CONSTRUCTION U 001/005
1AM
• r
Harbor Construction Co., Inc.
GEhTRAT.❑ONTMOTORS•UGENSE 0761803
April 25,2008
Mr. Craig L. Gladders
Office of Procurement& Contracting
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, Ca. 92262
fax: 760-323-8238
Mr. Allen Smoot
Allen Smoot and Associates
C/O 3400 E.Tahquitz Canyon Way, Suite Ol~C
Palm Springs, Ca. 92262
fax: 760-318-3815
Reference; Improve/Modify/Rehab Terminal Complex project
Palm Springs International Airport
Gentlemen,
Harbor Construction Co.,Inc. MCCI) submitted a bid for the for the Improve/
Modify/Rehab Tenniinal Complex Project at the Palm Springs International Airport on
April 24,2008 and in doing so it appeared that HCCI was the apparent sccond lowest
bidder and Jaynes Corporation of California(JCC)was the apparent lowest bidder.
However,in reviewing JCC's bid proposal a number of errors were found of wbich are
referenced here in. HCCI submits this letter as a formal protest to the bid submitted by
JCC.
I. Ibr Instruction to Bidders states"The Bidder must supply all information required by
the proposal forms and specifications"_ Section 20—Bid Requirements aad Conditions
paragraph 20-07—Preparation of Bid states"All blank spaces in the bid forms must be
correctly filled in"and ",Bidder acknowledges and agrees that by failing to complete the
bid forms in their entirety,the Owner may find the bidders =tire Bid non-responsive".
In addition Section 20 paragraph 20-08 Non-Responsive Bids states"bids shall be
considered non responsive for the following,but not limited to,reasons" and item b.
states "If there are unauthorized additions,conditional or alternate pay items, or
irregularities of any kind that make the bid incomplete,in definite,or otherwise
ambiguous".
Initially as a requirement in completing the List of Subcontractors portion of the bid form
the bidders were required to provide the Work to be Performed, Subcontractor License#,
15550 Rocldield Blvd.,Suite B-100 •Irvine,CA 92618
Phone: (949) 457-1888 •Fax (949) 457-9888
04/25/2008 10:45 FAX 949 457 9888 IL9RSOR CONSTRUCTION 2002/OO5
% of Total Contract, Subcontractor's Name, Address,Phone#, Gross Annual Receipts,
and Business Age. Addendum 43 section 2 item 1. revised this requirement by allowing
the Bidders to provide:the Phone#, Gross Annual Receipts,Business Age, and
additional address information for its listed Subcontractors within 24 hours of bid time.
At the time of submitting the bid the Bidders were still required to complete the
following items for each of its listed Subcontractors: Work to be Performed,License #,%
of Total Contract,Name of Subcontract, and Address in regards to City. JCC did not
provide the%of Total Contract for a number of its listed Subcontractors. In doing so
JCC failed to supply all information requited by the proposal forms and specifications,
tailed to fill in all blank spaces in the bid form, and failed to complete the bid form as
required in the bid documents. In addition by failing to calculate and provide this
information it gave JCC an unfair bid advantage over HCCI and the other bidders.
2. JCC listed Span Systems,Inc. from Manchester New Hampshire for the Fabric
Structure porton of work and also provided a Subcontractor License#of 629175. The
Subcontractor License#provided is not for Span Systems, Inc.. In fact Span Systems,
Inc,is not a California licensed contractor.
3. 7CC listed Continental Tile from Corona California for the Tile Carpeting portion of
the work and provided a Subcontractor License#of 000394, This subcontract is not
licensed to perform this portion of work. This portion of work requires a C-15 license
and the listed Subcontractor only has a C-54 license, refer to the attached documents.
Based upon any and all of the items mentioned above the City of Palm Springs
clearly needs to find the bid provided by Jaynes Corporation of California for the
Improve/Modify/Rehab Terminal Complex Project non-responsive which makes
Harbor Construction Co., Inc. the lowest responsive bidder.
In closing I look forward to hearing from you soon and the team at Harbor
Construction Co., Inc. is looking forward to worldug with the City of Palm Springs on
another successful project.
Respectfully,
Steven R_Padula
President
Cc_ James hiebebach, Covington & Crowe, LLP
Sent via mail and fax
04/25/2008 10:45 FAX 949 457 9888 HARBOR CONSTRUCTION Z 003/005
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j4g.. (Authority cited: Sa
:ts, erects, alters, or repairs all types of fences, , Mead 7059.Bmine.a A
game court enclosures, guard rails and harriers, of
backstops, posts, flagpoles, and gates, excluding 832-20, Cis
�. Air-Ci
059,Busineaa and prefeaniam Coda.Ptrcmnca' sections 7059 4g; .4 warm-air head
ode.) maintains, servlt
pumps, cnmplet
Metal Roofing Contractor. blowers and 1
utalls and repairs metal roofing systems which "p air-Auditioning
f entering the structure through the roofing system. controls and Ai
',lade the work of it roofing contractor (C-39) for d elassificatiou sh
g systems,nor the work of a sheet-metal coubmator systems which n
,sheet metal, por the work,of a structural steel (An hariy 3
lation of structural steel members, 7026.1.7as8'and 7(
(Authority cited: secdaw%08 and 7059,Bueiaeua and 1§oteauinnu code.Refetcnce: Section 7058
And 7 fealiom Code.) i.. .. . - - f 832.21. Cis
N' Conti
=i 832,15. Class C-15 -- FI ring and Floor Covering A building inc
" demolishes and
':; A flooring and Roos covering contractor prepares any surface for the installation classification de
of flooring and floor coverings, and installs carpet, resilient sheet goods, resilient of the perms x
tide,wood floors and flooring(including tba flan og and repairing thereof), and (Anstaaty sired: s
C j1 I' any other materials established as flooring and floor covering mattrial, except ' and 7059,Bwineae
s,l ceramic tile.
pp � ,
I9� (A-0t rhy cited: Sections 7005 and 7M,Barium and Profeuiona CDde:Refarcnce: Saodom 705E 1 832,23. Ch
C1� and 7059,Buainesa and pmfaaaiom Code.) i An o1naG(lCOW
la welds, fabricate
832.16. Class C-16 Fire Protection Contractor iron,wrought ii
�., A Fire protenliba contractor lays out, fabricates and•inatalls all types of fire the arrhitecttm
j! protection systerns; including all the equipment associated with these systems, Classification dt
excluding electrical alarm systems. a
(Authority shed: S
(Authority cited: Section 7005 and 70"of the Business and Pmfrmiom Code.Refcmce: Scuiom and 7059,Busirten
f 7056 and 7059,Butinew and Ptofcaaiom Code.) - -
I' 832.26. 01;
fl A lathing coptr+
prepared or new
1
04/25/2005 10:45 FAX 949 457 98gg HARBOR CONSTRUCTION f, 005/005
� IlJlirl�
IIPP I
I;II h 268 CSLB RULES AND REGULATIONS MEIF
832.50, Class C-50 -- Reinforcing Steel Contractor. $32.57. Class C 57 -
A reinforcing steel contractor fabricates, places and ties steel mash or steel A well drilling contractor iut
�l reinforcing bats(rods),of any profile,perimeter, or cross-section, that are or may drilling, excavating, casing
be used to reinforce concrete structures. uncogtamivated water.
(Authority Cited: Sections 700E and 7059.Business and Profenions Code.Reference: Sections 7058 (Authority cited: Section, 700E a
and 7059.Business and Pmfossions Code-) - 10263,7058 and 7059,Business a
Y'
832.51. Class C-51 -- Structural Steel Contractor. 832.60. Class C-60
A structural steel contractor fabricates and erects structural steel shapes and plates, A welding contractor cause!
of any profile, perimeter or croaa-section, that are or may bo used as structural fabricated by the use of gas
members for buildings and struc(urns,-including the riveting,welding and rigging l of sufficient beat to perforn
necessary to perform this work.
(A+.Jhariry cited: Sections 700E at
(Aulhotity cited: Sections 700E and 7059,Business and Profession Coda-Refemnac: Sections 705E and 7059,'Ansincss and Professioc
and 7059,Buninero Ind Professions Code.)
832�61. Classificatii
832.53. Class C-53 -- Swimming Pool Contractor. i (a) Li'333jted Specialty is a s]
A oirimm ng pool contractor constructs swimming pools, spas or hot tubs, scope of,operations of spt
including installation of solar heating equipment using those trades or skills other than any of the sped
+Tf necessary for such construction. article.
1 (Authority Cited: Sections 7008 and 7059,Rnsineas and FaoFeesiona Cede.Rcfemnca: Sections 705E (b)An applicant classified
Lad 7059,Buslocac and professions Code.) canioo activities as a rout
r forth in the application at
832.54. Class C-54 -- i Contractors (Ceramic and Section SU
Mosaic)„
:• (c)Upon issuance of'a C-
�, r prepares surfaces so that tile work can be installed;prepares the the original license cettii
necessary backing or sub-surface and then installs the following tiles: glazed wall,
licensee lies demonstrated
ceramic, mosaic, quarry, paver, faience, glass mosaic, marble, thin file that =
resembles full brick, or any tile units set in the traditional or innovative the (d)A specialty contractor,
methods;but shall not include hollow or structural partition,Ale. the field and scope of the
(Authority cited: Scotian'1008 end 7059,autinaaa and Professions Cady liefemneo; sec4una 705E consist with establishe
is related to the al
and 7059,Bueinapa and Pmfeaeion Code.) fir. ty
IF (Aathnrity cited: seotioqi 7001
832„55. Class C-55 Water Conditioning Contractor. and 7059;Buainesaand fes
I A water conditioning contractor installs water conditioning equipment with the use
tl of only such pipe and fittings as are neo4--a5ary tv connect the water conditioning $32.62_ Solar Sys
j equipment to the water supply system and to by-pass all those parts of the water Class " B,
I�J supply system within the premises from which conditioned water is to be czcluded_ Maintenant
I' The phrase "in coma
(AWhori[y eitndp Sections 700E and 7059,$u"t,wsn and Pmfewlon Coda.Referuncc: Sections 705e a( ) P
9�I and 7059,Buninasa and Prafeeeions Code.) knowledge and skill" in
include,but not be li aria
,j�
fpPLMSA -
�° City of Palm Springs
°
u m
* * Procurement aad Contracting
* e�"sv 3200 E.Tahquaz Canyon Way • Palm Sprin85, CatifOrnia 92262
C �P Tel: (760) 322.8373 - Fax:(760)323-8238 - Web:} .palmsprings-ea_gov
4<<F O RN
April 28,2008
Mr. Doug Wall
Doug Wall Construction, Inc.
78450 Avenue 41
Bermuda Dunes, CA 92201
Re: Bid Protest for Palm Springs Airport—Improve/Modify/Rehab Terminal Complex Project
Dear Mr,Wall:
The City of Palm Springs ("City') has received the bid protest submitted by Doug Wall Construction, Inc.,
("DWC")dated April 25, 2008,for the above-referenced project. In that protest CWC asserts that both the
low bidder, Jaynes Corporation General Contractors ("Jaynes") and Harbor Construction Company, Inc.,
i ("Harbor')failed to list all subcontractors as required by California Public Contract Code sections 4100, et.
seq. As such, DWC asserts that the bids submitted by Jaynes and Harbor be deemed nonresponsive
and that the contract be awarded to DWC.
The City has reviewed your protest and has also reviewed the subsequent information received from
Jaynes in response to the DWC protest and after consultation with the City Attorneys office the City has
made the following determinations:
1. As a result of an inadvertent clerical error, Jaynes failed to list a subcontractor for the
carpeting portion of the scope of work- Jaynes properly corrected this inadvertent clerical error in
accordance with Public Contract Code section 4107.5 to the satisfaction of the City.
2. In regards to the other trades that you raised in your protest, Jaynes has provided
responses to the City that either the specific items were incorporated into another listed subcontractor's
scope of work or that the bid that Jaynes received was below the "% of 1% threshold that would require
listing the subcontractor.
Therefore,the City has determined that the issues raised in DWC's protest have been properly addressed
by Jaynes and as such, Jaynes' bid is deemed to be responsive by the City and the City shall award this
contract to Jaynes.
If you have any further questions,please feel free to contact me at your convenience.
Sincerely,
Craig L. dders, C.P.M.
Procurement and Contracting Manager
574004.1
Post Office Box 2743 0 Palm Springs, California 92263-2743
VPAM SA
'y City of Palm Springs
V N
* * Procurement and Contracting
* a`b+roc�rco` 3200 E.Tahgaitz Canyon Way - Palm Springs,California 92262
C V. Tel;(760)322-8373 • Pax-(760)323.8238 • Web;v ,palcnsprings-ca.gov
April 28, 2008
Mr. Steven R. Padula
Harbor Construction Co., Inc.
15550 Rockfield Blvd., Suite B-100
Irvine, CA 92618
Re: Palm Springs Airport Bid Protest— Improve/Modify/Rehab Terminal Complex Project
Dear Mr. Padula:
The City of Palm Springs ("City") has received the bid protest submitted by Harbor Construction
Go., Inc., ("Harbor") dated April 25, 2008, for the above-referenced project. In that protest
Harbor asserts that the apparent low bidder, Jaynes Corporation General Contractors ("Jaynes")
(1) failed to list all required information for subcontractors as required by California Public
Contract Code sections 4100, et. seq., (2) listed a subcontractor that was not licensed in the
State of California for the fabric structure portion of the work, and (3) failed to list a
subcontractor for the carpeting portion of the scope of work. As such, Harbor asserts that the
bid submitted by Jaynes should be deemed nonresponsive and that the contract should be
awarded to Harbor as the apparent second lowest bidder.
The City has reviewed your protest and has also reviewed the subsequent information received
from Jaynes in response to the Harbor protest and has made the following determinations after
consultation with the City Attorney's office:
1. According to the amended bid documents, at the time of bid all bidders were
required to submit the name, location, license number, work to be performed and percentage of
the total contract that each subcontractor would be providing above "! of 1% of the total bid
price. However, Public Contract Code section 4104(a)(2)(A) requires that any information to be
listed for a subcontractor beyond the name and location may be submitted by a prime contractor
up to 24 hours after the deadline for submission of the bids.
In its submission, Jaynes provided the name, location, license number and the work to
be performed by each of its listed subcontractors. It did not provide the percentage of the total
contract that each subcontractor would be providing above Yz of 1% of the total bid price, the
address, phone number, business age, and gross annual receipts for each of the fisted
subcontractors. However, Jaynes provided all of the required information to the City within the
required 24 hours as provided for in Public Contract Code section 4104(a)(2)(A). As such, the
City has determined in its discretion that Jaynes' bid is responsive as it pertains to the issue of
whether or not all of the required subcontractor listing information was presented to the City in
the proper time.
5744203
Post Office Box 2743 0 Palrn Springs, California 92263-2743
2. Jaynes listed Span Systems, Inc., for the fabric structure portion of the scope of
work. Harbor is correct that Span Systems is not a licensed California contactor. However,
Jaynes has clarified that Span Systems is only providing the materials for thi's portion of the
scope of work and that Jaynes will be performing the installation with its own forces_ As such,
Jaynes was not required under Public Contract Code section 4104(a)(1) to list Span Systems.
Therefore, the City has determined that this issue does not render Jaynes' bid nonresponsive.
3. Harbor is correct that Jaynes failed to list a subcontractor for the carpet-tile
portion of the scope of work. However, Jaynes has properly notified the City of an inadvertent
clerical error that resulted in having the carpet subcontractor, Del's Flooring, removed from its
bid submission. Jaynes complied with all of the requirements of Public Contract Code sections
4107(a)(5) and 4107.5 in notifying the City and making the proper corrections. As such, the City
has determined that the failure to properly list a carpet subcontractor was an inadvertent clerical
error on the part of Jaynes and therefore, this issue does not render Jaynes' bid nonresponsive.
In conclusion, the City would like to thank Harbor for its bid submission, however, the issues
raised by Harbor in its bid protest have been properly addressed by Jaynes and therefore, the
City has determined that the bid submitted by Jaynes is responsive and as the low bidder the
City intends to award the contract to Jaynes. If you have any further questions, please feel free
to contact me at your convenience.
SinceRL.
,
Craigdd ers,, C.P.M.
Procurement and Contracting Manager
574420.1
{OFp ALM gpR
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C, oni10'4'Pw
CITY COUNCIL STAFF REPORT
DATE: April 30, 2008
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 2 . D .
City Council Slarf 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 ransfer from Airport Fund Balance.
Thomas Nolan, Executive Director, Airport Allen moot, Owner' Representative
David H. Ready, ager
Attachment: Bid Tabulation CP 07-09 Budget Resolution
000002
PALM SPRINGS INTERNATIONAL AIRPORT
IMPROVEIMODIFYIREHAS TERMINAL COMPLEX
CP#07-09,AIP 3-06.018143
BID TABULATION AND ANALYSIS Schedule A
Item le. Total
Bidder EEO? DBE % Item 1a. Item 1b. Item le- Item 1d. thru la. 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 Yes/Yes 17% 1,112,516 1,101.944 955,556 4,699,395 115,000 7,984,611
Harbor Consturciton Co. Yes/Yes 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% 661,900 448,320 635,415 4,933,190 115,000 6,793,825 1
JM Builders Yes/Yes 0% 1,000,000 450,000 550,000 5,300,000 115,000 7,415,000
i
i
I
o I
� 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
Fund Activity __ Account Amount
415 Airport Improve/Modify/Reha_b 6500-XXXXX $5,461,262
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 $5,461,262
ADOPTED THIS 30TH DAY OF APRIL 2008.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
0000r,
Resolution No
Page 2
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 April 30, 2008, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
000005