Agenda Report
Fullerton City Council
MEETING DATE: APRIL 5, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: jeffREY W. collier, ACTING City Manager
PREPARED BY: meg mcwade, public works director
BRENDAN O’REILLY, Airport manager
david grantham, principal civil engineer
SUBJECT: airport signage and landscape improvements
SUMMARY
Award $305,473 construction contract to Bunker Construction Inc., dba Bunker Engineering for the Airport Signage and Landscape Improvement Project.
RECOMMENDATION
Approve plans and specifications for the Airport Signage and Landscape Improvements project.
Approve $225,000 appropriation from the Airport Enterprise Fund (Fund 40) balance to Project 49012 Airport Signage and Landscape Improvements.
Reject Elegant Construction Inc. and R. Jensen Co. Inc. bids as non-responsive and award $305,473 construction contract for the Airport Signage and Landscape Improvements project to Bunker Construction Inc., dba Bunker Engineering and authorize City Manager, or designee, to execute the contract, in a form approved by the City Attorney.
Authorize Public Works Director, or designee, to approve any future change orders for construction and professional engineering construction support services within the approved project budget.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Infrastructure and City Assets.
FISCAL IMPACT
No fiscal impact to the City’s General Fund. This project needs an appropriation from the Airport Enterprise Fund to support construction and related costs. Staff recommends a $225,000 budget appropriation from the Airport Enterprise Fund balance to Project 49012 Airport Signage and Landscape Improvements Project to cover the proposed construction and related costs. Staff has attached a Budget Data Sheet for reference.
DISCUSSION
This project will install two new lighted monument signs, landscaping and a large poster that will increase the visibility of the Airport to the travelling public, promote the Airport’s brand and image and update the aesthetics of the Airport’s perimeter.
The project will install monument signs and landscaping at the intersection of Commonwealth Avenue / Dale Street and at the Commonwealth Avenue / Magnolia Avenue intersection. The following depicts the monument sign in a daytime and evening setting, respectively.
The project will install the large graphic on the side of the existing hangar building at the Commonwealth Avenue / Magnolia Avenue intersection.
The City received four bids on February 17, 2022 for the Airport Signage and Landscape Improvements project. Elegant Construction Inc. submitted the apparent lowest bid in the amount of $267,400. R. Jensen Co. Inc. submitted the apparent second lowest bid in the amount of $277,000. Staff evaluated the bids from Elegant Construction Inc. and R. Jensen Co. Inc. and as detailed below, recommend City Council find both non-responsive with the bid and project requirements.
On February 18, 2022, Bunker Engineering filed a bid protest against the apparent lowest and second lowest bidders. The protest claims:
Elegant Construction Inc.:
Failure to provide all Equal Employment Opportunity Certification forms for the proposed subcontractors.
Staff determination – Substantiated. Bid documents are required as part of the bid documents. This decision is consistent with previous staff bid document reviews and determinations.
Incorrect bid total
Staff determination – Not substantiated. While the bidder totaled incorrectly (submitted as $269,400), the Bid Documents state unit prices prevail and therefore the bid total produced by the unit prices reflects the actual bid price (calculated as $267,400).
R. Jensen Co. Inc.:
Failure to provide requested information (Item 11 of Bidder’s General Information).
Staff determination – Not substantiated. Minor oversight if reviewed separately.
Percentage of work performed by subcontractors.
Staff determination – Substantiated. Project requires the prime contractor self-perform at least 35% of the project scope. Bid documents state subcontractors would perform 95% of the project scope. This decision is consistent with previous staff bid document reviews and determinations.
Failure to provide what bid items and the associated percentage of work subcontractors will perform.
Staff determination – Not substantiated. Minor oversight if reviewed separately.
Failure to provide all Equal Employment Opportunity Certification forms for the proposed subcontractors.
Staff determination – Substantiated. Bid documents are required as part of the bid documents. This decision is consistent with previous staff bid document reviews and determinations.
Failure to provide unit prices for the bid items listed in the bid schedule.
Staff determination – Substantiated. Bid documents require provision of unit prices. Without unit prices, staff cannot confirm actual the bid total.
Based on the above reasons, staff recommends City Council consider the apparent lowest bid and apparent second lowest bid non-responsive.
Staff sent a letter to Elegant Construction Inc. and R. Jensen Co. Inc. by email on March 2, 2022 (a minimum of ten days in advance of this City Council meeting), advising that staff recommends City Council reject their bid based on finding the bid non-responsive. The letter includes the date, time and place that City Council will make a decision on this issue. Staff has advised each bidder that they will have the opportunity to address the City Council as to why their bid is responsive considering the given facts.
The tentative construction start date is May 2022 with an anticipated project completion in August 2022.
Staff has prepared an environmental assessment in accordance with the California Quality Act guidelines and determined that the project is categorically exempt.
Attachments:
Attachment 1 – Budget Data / Summary of Bids
Attachment 2 – Project Location Map
Attachment 3 – Bid Schedule
Attachment 4 – Standard Contract / Agreement
Airport Signage and Landscape Improvements
April 5, 2022 - Page 4