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Agenda Item
ASR
Control 09-000878 |
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MEETING DATE: |
06/02/09 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
2 |
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SUBMITTING
Agency/Department: |
John Wayne Airport
(Approved) |
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Department contact
person(s): |
Alan L. Murphy (949) 252-5183 |
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Subject:
P201 - Terminal C - Consent to
Withdraw Bid
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ceo Concur |
County
Counsel Review |
Clerk of the Board |
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Concur |
N/A |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: N/A |
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Funding Source: Airport
Construction Fund 281: 100% |
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Prior Board Action: MO
6/19/07 award Terminal C Design & Construction Phase Srvs; MO 11/18/08
adopt list of pre-qual gen
contractors & subs to bid on Terminal C; MO 1/27/09 advertise for bids
for Terminal C |
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RECOMMENDED ACTION(S)
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1. |
Consent to the request by Whiting-Turner Contracting Company to withdraw its bid on the Terminal C project pursuant to Section 5101 of the Public Contract Code, the Relief of Bidders Act. |
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2. |
Direct the Clerk of the Board to return the bid guarantee to Whiting-Turner Contracting Company. |
SUMMARY:
John Wayne Airport requests that the Board of Supervisors consent to Whiting-Turner Contracting Company’s request to withdraw its bid on the Terminal C project, pursuant to Public Contract Code Section 5101, the Relief of Bidders Act; and direct the Clerk of the Board to return the bid guarantee to Whiting-Turner Contracting Company.
BACKGROUND INFORMATION:
PROJECT:
The Terminal C Project is one of the major components of the Airport Improvement Program. Terminal C will be a multi-level building comprising a total area of approximately 282,000 square feet and will include six bridged gates for commercial aircraft and facilities for commuter aircraft. The project will also include interior renovations of the existing Terminals A and B.
BACKGROUND:
On January 27, 2009, the Board authorized the Airport Director to solicit bids from pre-qualified general contractors. The bid opening date was on April 1, 2009.
On April 1, 2009, the Clerk of the Board received six bids, which were publicly opened and read aloud in the Board Hearing Room. The Whiting-Turner Contracting Company’s (Whiting-Turner) bid was announced as the apparent low bid, with a bid amount of $89,996,795. In accordance with the bidding requirements, this bid is guaranteed by a 5% bid bond. That same day, Whiting-Turner informed JWA, in writing, that the bid amount was incorrect due to transposed digits in the bid dollar figure, and that the correct bid amount is $98,996,795. It was unclear if that letter constituted a request by Whiting-Turner for relief from its $89,996,795 bid under the Relief of Bidders Act, pursuant to Public Contract Code (PCC) Section 5103.
PCC Section 5101 states that a bidder shall not be relieved of its bid unless by consent of the awarding authority; nor shall any change be made in the bid because of a mistake. PCC Section 5103 authorizes a bidder to withdraw its bid only if the criteria set forth in that statute, and discussed below, are met. In this case, Whiting-Turner made the request to change its mistaken bid of $89,996,795 to the revised bid amount of $98,996,795. On April 8, 2009, JWA advised Whiting-Turner in writing that it would not recommend award of a contract based on the changed bid amount of $98,996,795. JWA requested clarification as to whether Whiting-Turner was withdrawing its mistaken bid of $89,996,795 per PCC Section 5103. On April 8, 2009, Whiting-Turner replied by advising that if the County did not accept its changed bid, then it would withdraw its $89,996,795 bid under the Relief of Bidders Act. JWA advised Whiting-Turner in writing that it would not recommend acceptance of the $98,996,795 bid, and that it would recommend to the Board to consent to Whiting-Turner’s request to withdraw its bid. On April 27, 2009, Whiting-Turner requested that JWA reconsider its position, or in the alternative return its bid bond because of its mistake. JWA reiterated to Whiting-Turner that it would not recommend acceptance of the changed $98,996,795 bid, and that it would proceed with recommending the Board consent to Whiting-Turner’s request to withdraw its bid.
JWA believes that the criteria set forth in PCC Section 5103 have been met, to wit: that a mistake in the computation of the bid was made; that a 5 working days notice was given by Whiting-Turner; that the mistake resulted in a materially different bid amount ($9 million difference); and that the mistake was made in filling out the Bid Form rather than a mistake of judgment. Therefore, after consultation with the County Counsel, JWA recommends that the Board consent to Whiting-Turner’s request to withdraw its bid per PCC Section 5101.
CEQA COMPLIANCE:
Pursuant to CEQA Section 21065 and CEQA Guidelines Sections 15378 (b)(4) and (b)(5), the recommended action is not a project as defined by CEQA.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A