AGENDA STAFF REPORT. CLERK OF THE BOARD Pending Review COUNTY COUNSEL REVIEW. Approved Agreement to Form. Current Year Cost: NI A

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1 Agenda Item AGENDA STAFF REPORT ASR Control MEETING DATE: 02/14/ 17 LEGAL ENTITY TAKING ACTION: Board of Supervisors BOARD OF SUPERVISORS DISTRICT(S): 2 SUBMITTING AGENCY/DEPARTMENT: John Wayne Airport (Pending) DEPARTMENT CONTACT PERSON(S): Barry A. Rondinella (949) Lawrence G. Serafini (949) SUBJECT: Apron Light Pole and Security Cameras Project Advertise for Bids CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD Pending Review Approved Agreement to Form Consent Calendar 3 Votes Board Majority Budgeted: NI A Current Year Cost: NI A Annual Cost: NI A Staffing Impact: No # of Positions: Sole Source: NIA Current Fiscal Year Revenue: NI A Funding Source: Airport Construction Fund 281: County Audit in last 3 years: No 100% Prior Board Action: 06128/2016 #13 RECOMMENDED ACTION(S): 1. Reject all bids for the Apron Light Pole and Security Cameras Project received on August 3, 2016, and release associated bid bonds. 2. Adopt the list of prequalified contractors to bid on the Apron Light Pole and Security Cameras Project. 3. Authorize the Airport Director or designee to sign the Project plans and specifications for the County. 4. Find pursuant to Public Contract Code Section 3400(c) that the use of Pelco as the manufacturer of the security cameras is required in order to provide compatible products and installation services to match John Wayne Airport's existing security cameras system. 5. Authorize the Airport Director or designee to advertise the Project and solicit bids and to establish a bid opening date of March 22, 2017, at 2:00 pm. 6. Authorize the Airport Director or designee to extend the bid opening date, if necessary, up to 60 days. Page 1

2 SUMMARY: Soliciting bids for the Apron Light Pole and Security Cameras Project will provide additional lighting to Aircraft Gates 21, 22A through 22C and the South Remain Over Night area, and enhance the ability to monitor aircraft operations for the gates at Tenninals A, B and C and the South Remain Over Night area. BACKGROUND INFORMATION: John Wayne Airport (JWA) has determined that additional lighting at the southernmost end of the Riley Terminal (near Gates 21, 22A, 22B and 22C) is needed to improve the servicing of planes parked there. Additional lighting is designed to be provided via a high mast light pole which will have 12 light fixtures that will be directed towards Gates 21 and 22A through 22C. The existing Terminals A, B, and C gate aircraft parking areas are currently served by security cameras intended to monitor activities occurring in these areas. The existing cameras, however, do not provide optimal coverage and JW A recommends the installation of additional cameras to provide for enhanced surveillance of these areas. On June 28, 2016, the Board of Supervisors (Board) authorized the Airport Director to advertise the Project and solicit bids with a bid opening date of August 3, On August 3, 2016, two bids were received and compared to the engineer's estimate prepared by the project Architect-Engineer (A-E). The lowest bid, submitted by Minco Construction, was 80% higher than the Engineer's Estimate, and the second bid, submitted by M. Brey Electric, Inc. was 161 % higher than the Engineer's Estimate. The Engineer's Estimate and the bids' rankings are as follows: Engineer's Estimate: Lowest Bid - Minco Construction: Second Bid - M. Brey Electric, Inc.: $359,702 $647,700 $940,000 In response to the low engineer's estimate, JWA retained a second firm to conduct an independent cost estimate of the project. This firm determined that a number of project components, including: (i) cost of software and licensing; (ii) temporary conduits and wiring for temporary Closed Captioned Television (CCTV) equipment; (iii) demolition of existing equipment; (iv) video recorder equipment; and (v) testing and commissioning were not included in the estimate performed by the project A-E and resulted in an estimate that did not accurately reflect the requirements of the project. In an effort to ensure that future estimates for this project are accurate and reliable, and that future bids are competitive, JW A has taken a number of steps. First, JW A has engaged P2S Construction Management, an on-call consultant, to conduct a review of the constructability of this project and recommend technical clarifications in the bid documents to improve their quality and clarity. One result of this review is the inclusion of a requirement that Pelco cameras, a proprietary brand of security cameras, be used to ensure compatibility with the existing security camera system at JW A. Second, JW A re-evaluated the contractor licensing requirements for this project, and established that, in addition to the previously-issued bid documents' requirement for Class A-General Engineering licensed contractors, Class C 10-Electrical licensed contractors may participate in the bidding. The inclusion of Class C 10-Electrical licensed contractors will expand the pool of potential bidders and enhance the competitiveness of the bidding process. Page 2

3 In light of these facts, JWA is requesting authority to reject all bids and re-bid the project. On November 9, 2016, pursuant to Section 6.1 of the County's Design and Construction Procurement Policy Manual, JWA publicly advertised a Request for Prequalifications for general contractors in order to establish a list of prequalified firms that will be eligible to bid on this project. On November 22, 2016, JWA received prequalification submittals from the following firms: 1. Federal Technology Solutions, Inc. 2. Firstline Security Integration 3. Griffith Company 4. Houalla Enterprises Ltd. dba Metro Builders & Engineers Group, Ltd. 5. M. Brey Electric, Inc. 6. M. Wilson Company Contractors, Inc. 7. Servitek Solutions, Inc. 8. Siemens Industry, Inc. Upon review of the prequalification submittals received, JW A established that all eight firms listed above met the prequalification requirements. All eight firms were notified of JW A's decision regarding prequalification results. This project will result in the installation of new security cameras and requires work on and interface with JWA's existing Pelco security cameras system. In order to ensure compatibility, proper installation and interface and to protect existing Pelco-related warranties, JW A is recommending that the Board make a finding pursuant to Public Contract Code Section 3400(c) that Pelco security camera equipment be required. JWA recommends that the Board reject the bids received on August 3, 2016, and authorize the Airport Director or designee to re-advertise the Project for bidding Compliance with CEQA: The subject activity is statutorily exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 21080(b)(5) of the Public Resources Code and Section of the CEQA Guidelines as the projects the public agency rejects or disapproves. FINANCIAL IMPACT: Appropriations for this project are included in FY Modified Budget for Airport Construction Fund 281. STAFFING IMPACT: NIA Page 3

4 ATTACHMENT(S): Attachment A - Notice Inviting Bids Attachment B - Public Contract Code Section 3400 Page4

5 NOTICE INVITING BIDS Attachment A JOHN WAYNE AIRPORT Apron Light Pole and Security Cameras Project No. P421 NOTICE IS HEREBY GIVEN that the Board of Supervisors of the County of Orange, California ( COUNTY ) will receive sealed bids from prequalified firms up to 2:00 PM, Wednesday, March 22, 2017, in the office of the Clerk of the Board of Supervisors, Room 101, Robert E. Thomas Hall of Administration (Building 10), 333 W. Santa Ana Blvd., Santa Ana, California 92701, at which time said bids will be publicly opened and read in Room 169 on the first floor, for the following project: Project Title: Apron Light Pole and Security Cameras Project No.: Location: P421 John Wayne Airport (JWA), County of Orange, California Delivery of the Bid to the correct address and room by the time specified above shall be the sole responsibility of the prequalified firm submitting the Bid. COUNTY shall return unopened any late Bids. DESCRIPTION OF WORK: The project is to provide a 65-foot high mast light pole for illuminating aircraft service areas in the vicinity of Gates 21 and 22A through 22C, and 38 security cameras at designated aircraft service areas of Terminals A, B and C. Of these 38, three are pan tilt zoom and the remainder are stationary. CONTRACTOR PREQUALIFICATION: This project is open for bidding only to those firms that have been prequalified by John Wayne Airport. Bids submitted by firms not prequalified to bid this project will not be accepted. The prequalified firms are: 1. Federal Technology Solutions, Inc. 2. Firstline Security Integration 3. Griffith Company 4. Houalla Enterprises Ltd. dba Metro Builders & Engineers Group, Ltd. 5. M. Brey Electric, Inc. 6. M. Wilson Company Contractors, Inc. 7. Servitek Solutions, Inc. 8. Siemens Industry, Inc. All of said work to be performed in accordance with the complete contract documents as defined in the Agreement, including but not limited to the Agreement, General Conditions, drawings, specifications, and addenda, if any, which are available for purchase at ARC, 345 Clinton Street, Costa Mesa, CA 92626, telephone Contact ARC for the cost. Information regarding this bid is available by visiting the JWA Website at Prospective prequalified firms are responsible for obtaining the bid package details, and addenda, if any, by contacting ARC. For additional information, contact the JWA Project Manager, K. Kory HARIRI at or KHariri@ocair.com. Page 1 of 3

6 Attachment A JOHN WAYNE AIRPORT Apron Light Pole and Security Cameras Project No. P421 CONTRACTOR S LICENSE CLASSIFICATION: For performance of this work, a current and active California Contractor s License Class A (General Engineering) and/or a California Contractor s License Class C-10 (Electrical Contractor) license is required of the Contractor at the time of bid. Pursuant to California Public Contract Code Section 3400(b), where a material, product, thing, or service is designated by a specific brand or trade name followed by the words or equal in the Contract Documents, requests for approval of an equal material, product, thing, or service shall be submitted prior to the date and time indicated below for submission of bidder questions. Pursuant to California Public Contract Code Section 3400(c), the following material, product, thing or service is designated by specific brands or trade names in order to match other materials, product, thing or service in use at John Wayne Airport, either completed or currently in the course of completion; and/or in order to obtain a necessary item that is only available from one source; and/or to meet certain technical and performance requirements identified by JWA: Specification Section: Description: Manufacturer: Video Surveillance System (cameras) Pelco The Contractor and/or his/her sub performing Closed Captioned Television (CCTV) work on this project will be required to hold Endura Certifications from Pelco, which includes technicians holding the following certifications: Endura System Architecture Endura Networking for the Security Professional CCNA Cisco Certified Network Associate LABOR CODE NOTICE: Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, COUNTY has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality from the Director of the Department of Industrial Relations for each craft, classification, or type of workman needed to execute the contract. Copies of the prevailing wage rates are on file at COUNTY S principal office. Copies may be obtained from the State Office, Department of Industrial Relations, or from the Department of Industrial Relations website: Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. Additionally, Contractor shall comply with the provisions of Labor Code Section 1775 (Penalties for Prevailing Wage Violations) and 1813 (Forfeiture for Overtime Violations). All contractors and subcontractors must comply with the requirements of Labor Code Section (a), pertaining to registration of contractors pursuant to Section Bids cannot be accepted from unregistered contractors except as provided in Section This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the Page 2 of 3

7 Attachment A JOHN WAYNE AIRPORT Apron Light Pole and Security Cameras Project No. P421 contract, Contractor and each Subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section In the performance of this work Contractors and subcontractors, in addition to the above-noted Labor Code sections, shall also comply with the requirements of Labor Code Sections 1774 (Minimum Prevailing Wage Rates), 1776 (Payroll Records), (Employment of Apprentices), and 1815 (Working Hours). BID SECURITY: Each prequalified firm must submit with its bid a satisfactory check certified by an acceptable bank or a bidder's bond made payable to the order of the County of Orange in an amount not less than 5 percent (5%) of the TOTAL BID AMOUNT proposed in the Bid Form, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to bidder. In the event of failure to enter into such contract, the proceeds of the check will be forfeited or, in case of a bond, the full sum thereof will be forfeited to the County of Orange. Bidders shall leave their bids open for 90 days. BONDS: The successful bidder to whom the contract is awarded shall be required to furnish a Performance Bond and a Labor & Material Payment Bond in an amount equal to 100 percent of the contract. SUBSTITUTION OF SECURITIES: Pursuant to Section of the Public Contract Code of the State of California, the contract will contain provisions permitting the successful bidder to whom the contract is awarded to substitute securities for any moneys withheld by the County of Orange to ensure performance under the contract. An Escrow Agreement form can be found in the Project Manual. PREBID MEETING: Prequalified firm bidders are advised that there will be a mandatory pre-bid meeting to be held on Thursday, February 23, 2017, starting at 10:00 AM, at John Wayne Airport, Eddie Martin Building located at 3160 Airway Avenue, Costa Mesa, California Bids submitted by prospective bidders not present at the mandatory pre-bid meeting will not be accepted. BIDDER QUESTIONS: Prequalified firm bidders are advised that the final day JWA will consider bidder questions will be Friday, March 10, 2017 at 3:00 PM. Bidders shall present all questions and/or inquiries in writing to the JWA Project Manager, K. Kory HARIRI at or KHariri@ocair.com. COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR TO WAIVE ANY IMMATERIAL IRREGULAITIES OR INFORMALITIES IN ANY BID RECEIVED. BY ORDER OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE, CALIFORNIA Page 3 of 3

8 Attachment B - California Public Contract Code Section 3400(c)(2) and 3400(c)(3) Page 1 of 1 Attachment B PUBLIC CONTRACT CODE SECTION (a) The Legislature finds and declares that it is the intent of this section to encourage contractors and manufacturers to develop and implement new and ingenious materials, products, and services that function as well, in all essential respects, as materials, products, and services that are required by a contract, but at a lower cost to taxpayers. (b) No agency of the state, nor any political subdivision, municipal corporation, or district, nor any public officer or person charged with the letting of contracts for the construction, alteration, or repair of public works, shall draft or cause to be drafted specifications for bids, in connection with the construction, alteration, or repair of public works, ( 1) in a manner that limits the bidding, directly or indirectly, to any one specific concern, or (2) calling for a designated material, product, thing, or service by specific brand or trade name unless the specification is followed by the words "or equal" so that bidders may furnish any equal material, product, thing, or service. In applying this section, the specifying agency shall, if aware of an equal product manufactured in this state, name that product in the specification. Specifications shall provide a period of time prior to or after, or prior to and after, the award of the contract for submission of data substantiating a request for a substitution of" an equal" item. If no time period is specified, data may be submitted any time within 35 days after the award of the contract. ( c) Subdivision (b) is not applicable if the awarding authority, or its designee, makes a finding that is described in the invitation for bids or request for proposals that a particular material, product, thing, or service is designated by specific brand or trade name for any of the following purposes: ( 1) In order that a field test or experiment may be made to determine the product's suitability for future use. (2) In order to match other products in use on a particular public improvement either completed or in the course of completion. (3) In order to obtain a necessary item that is only available from one source. (4) (A) In order to respond to an emergency declared by a local agency, but only if the declaration is approved by a four-fifths vote of the governing board of the local agency issuing the invitation for bid or request for proposals. (B) In order to respond to an emergency declared by the state, a state agency, or political subdivision of the state, but only if the facts setting forth the reasons for the finding of the emergency are contained in the public records of the authority issuing the invitation for bid or request for proposals Any public entity, as defined in Section 1100, including any school district or community college district, when purchasing food, shall give preference to United States-grown produce and United States-processed foods when there is a choice and it is economically feasible to do so. For purposes of this section, the determination of "economically feasible" shall be made by the purchasing public entity, considering the total cost, quantity, and quality of the food and the budget and policies of the entity. Page 1 of 1