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SAN FRANCISCO AIRPORT COMMISSION

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									   SAN FRANCISCO 

AIRPORT COMMISSION





             MINUTES

              February 3, 2009

                   9:00 A.M.


            Room 400 - City Hall

     #1 Dr. Carlton B. Goodlett Place

          (400 Van Ness Avenue)

    City and County of San Francisco



      GAVIN NEWSOM, MAYOR

            COMMISSIONERS

              LARRY MAZZOLA

                   President

            LINDA S. CRAYTON

                Vice President

                CARYL ITO

             ELEANOR JOHNS

            RICH GUGGENHIME


              JOHN L. MARTIN

                Airport Director



 SAN FRANCISCO INTERNATIONAL AIRPORT

   SAN FRANCISCO, CALIFORNIA 94128

   Minutes of the Airport Commission Meeting of
                          February 3, 2009
CALENDAR AGENDA                                                   RESOLUTION
SECTION   ITEM TITLE                                                NUMBER PAGE
   A.	          CALL TO ORDER:                                                4


   B.	             ROLL CALL:                                                     4


   C.	             ADOPTION OF MINUTES:


                    Regular meeting of January 20, 2009                09-0024    4


   D.	             ITEMS INITIATED BY COMMISSIONERS:                              4


   E.	             ITEMS RELATING TO ADMINISTRATION,
                   OPERATIONS & MAINTENANCE:

             1.	    Award Contract 8577 - Terminal 1 - Carpet

                    Replacement - Lambard Enterprises, Inc.                       4


             2.	    Reject All Bids - Contract 8427B - Mel Leong

                    Treatment Plant Shop Bldg. Construction            09-0025    5


   F.	             CONSENT CALENDAR OF ROUTINE
                   ADMINISTRATIVE MATTERS:

             3.	    Award Contract 8850 - On-Call Services for 

                    Central Plant Cooling Systems - Carrier Corp.      09-0026    5


             4.	    Modification No. 4 - Smith, Dawson & Andrews 

                    Federal Legislative Advocacy Contract          09-0027       5-6


             5.	    Issue RFP for Contract 8891, Professional 

                    Services Contract for the Airline Liaison Office   09-0028    6


             6.	    Issue RFP for Contract 8911 - State Legislative 

                    Advocacy Services                                 09-0029     6


             7.	    Authorization to Accept Proposals for Boarding 

                    Area F Specialty Retail Kiosk Leases A and B     09-0030      6


             8.	    Bid Call - Contract No. 8873B - Asbestos 

                    Abatement/Interior Demolition for Building 575     09-0031    6


             9.	    Reimburse D-Lew Ent., LLC dba Il Fornaio           09-0032   6-7


   G.	             NEW BUSINESS:


                    Contract No. 8577 - Carpet Replacement                       7-9


                    Union introductions                                           9


                      Minutes, February 3, 2009, Page 2

H.    CORRESPONDENCE:	                          9


I.	   CLOSED SESSION:                         9-10


       Settlement: Verdugo v. CCSF


       Potential Litigation:


J.    ADJOURNMENT:	                            10





         Minutes, February 3, 2009, Page 3

                         AIRPORT COMMISSION MEETING MINUTES


                                     February 3, 2009


A.    CALL TO ORDER:


      The regular meeting of the Airport Commission was called to order at 9:05 AM in Room
      400, City Hall, San Francisco, CA.

                                          *   *   *

B.	   ROLL CALL:

             Present:	                     Hon. Larry Mazzola, President
                                           Hon. Caryl Ito
                                           Hon. Eleanor Johns
                                           Hon. Rich Guggenhime

             Absent:	                      Hon. Linda S. Crayton, Vice President

                                          *   *   *

C.	   ADOPTION OF MINUTES:

      The minutes of the regular meeting of January 20, 2009 were adopted unanimously.

      No. 09-0024

                                          *   *   *

K.	   ITEMS INITIATED BY COMMISSIONERS:

      There were no items initiated by Commissioners.


                                          *   *   *


E.	   ITEMS RELATING TO ADMINISTRATION, OPERATIONS & MAINTENANCE:

      Item No. 1 was removed from the calendar.

      1.	   Award of Contract No. 8577 - Terminal 1 Carpet Replacement - Lambard
            Enterprises, Inc. - $1,946,917

                                         Resolution awarding Contract 8577, Terminal 1
                                         Carpet Replacement, to the lowest responsive,
                                         responsible bidder, Lambard Enterprises, Inc. in the
                                         amount of $1,946,917.



                             Minutes, February 3, 2009, Page 4
           Item No. 2 was moved by Commissioner Guggenhime and seconded by
           Commissioner Mazzola. The vote to approve was unanimous.

     2.	   Reject All Bids - Contract No. 8427B - Mel Leong Treatment Plant Shop Building
           Construction

           No. 09-0025	                   Resolution rejecting all bids for Contract No. 8427B,
                                          Mel Leong Treatment Plan Shop Building and
                                          authorizing the Director to re-bid when ready.

           Mr. Ernie Eavis, Deputy Director, Facilities reminded the Commission that this
           contract was to construct the shop building at the industrial treatment plant. Two
           bids were received for this project. HRC reviewed the apparent low bidder’s bid
           and found that it did not meet HRC contract requirements, nor did the contractor
           make a sufficient good faith effort to meet the goals. The only other bidder was
           about $900,000 over the engineer’s estimate for the contract.

           We are asking the Commission to reject all bids. The project will be repackaged
           into a bigger contract and will be included as part of the stimulus program
           currently before Congress in order to obtain Federal funding. We will include
           more Phase 2 work in Phase 1. We will return to the Commission within the
           month for approval.

           Commissioner Ito asked if we will then have some LBE subcontractors.

           Mr. Eavis responded that we will do a better job of getting more contractors to bid
           on this contract and make sure that everyone meets the bid requirements.

                                           *   *   *

F.   CONSENT CALENDAR OF ROUTINE ADMINISTRATIVE MATTERS:

     The Consent Calendar, Item Nos. 3 through 9, was moved by Commissioner Johns and
     seconded by Commissioner Mazzola. The vote to approve was unanimous.

     3.	   Award of Contract No. 8850 - On-Call Services for Central Plant Cooling Systems
           Carrier Corporation - $600,000

           No. 09-0026	                   Resolution awarding Contract 8850, On-Call
                                          Services for Central Plant Cooling Systems to
                                          Carrier Corp. in an amount not to exceed $600,000.


     4.	   Modification No. 4 - Smith, Dawson & Andrews Federal Legislative Advocacy
           Contract - $200,000

           No. 09-0027	                   Resolution approving Modification No. 4 to the
                                          Smith, Dawson and Andrews Federal Legislative
                                          Advocacy contract to facilitate SFO’s interaction
                                          with the U.S. Department of Transportation, FAA

                             Minutes, February 3, 2009, Page 5
                                    and Transportation Security Administration,
                                    extending the term of the contract for one year (July
                                    1, 2009 to June 30, 2010) and increasing the total
                                    contract amount by $200,000.


5.	   Authorization to Issue a Request for Proposals - Contract No. 8891 - Professional
      Services Contract for the Airline Liaison Office

      No. 09-0028	                  Resolution approving the issuance of a Request for
                                    Proposals for Contract No. 8891, a Professional
                                    Services Contract for Airline Liaison Office
                                    consultant services and authorizing staff to conduct
                                    negotiations with the highest ranked proposer.


6.	   Approve Issuance of a Request for Proposals for Contract No. 8911 - State
      Legislative Advocacy Services

      No. 09-0029	                  Resolution approving issuance of a Request for
                                    Proposals for Contract No. 8911, State Legislative
                                    Advocacy Services, and authorizing staff to
                                    negotiate with the highest ranked proposer.


7.	   Authorization to Accept Proposals for the Boarding Area F Specialty Retail Kiosk
      Leases A and B

      No. 09-0030	                  Resolution approving minimum qualification
                                    requirements and lease specifications, and
                                    authorizing staff to accept proposals for the
                                    Boarding Area F Specialty Retail Kiosk Leases A
                                    and B, each with a minimum acceptable proposal
                                    amount of $55,000 and a term of five years with
                                    two one-year options to extend the term,
                                    exercisable by the Airport Commission.


8.	   Bid Call - Contract No. 8873B - Asbestos Abatement/Interior Demolition for
      Building 575

      No. 09-0031	                  Resolution authorizing a bid call for Asbestos
                                    Abatement/Interior Demolition for Bldg. 575 to
                                    prepare the building for renovation. The renovation
                                    will allow relocating Airport staff prior to completing
                                    the Terminal 2 Renovations Program in early 2011.


9.	   Reimbursement to D-Lew Enterprises, LLC dba Il Fornaio


                        Minutes, February 3, 2009, Page 6
           No. 09-0032	                    Resolution approving reimbursement to D-Lew
                                           Enterprises, LLC dba Il Fornaio in the amount of
                                           $9,750.

                                             *   *   *

G.   NEW BUSINESS:

     This is the “Public Comment” section of the calendar. Individuals may address the
     Commission on any topic within the jurisdiction of the Airport Commission for a period of
     up to three (3) minutes. Please fill out a “Request to Speak” form located on the table
     next to the speaker’s microphone, and submit it to the Commission Secretary.

     Mr. John Mizell, Lambard Enterprizes is addressing the Commission on Item No. 1,
     Contract No. 8577, Recarpeting San Francisco International Airport. Mr. Mizell is a
     project manager with Lambard Enterprises. His firm is honored to be the low bidder on
     this project and they look forward to performing the work at such a prestigious public
     institution as San Francisco International Airport. He is present to address a couple of
     concerns regarding the specified carpet and to respond to the protest initiated Friday by
     Golden State Carpet Services.

     Mr. Mizell referred to a blow up of the specifications. Reading from the specifications
     said that the carpet manufacturer, subject to compliance with the requirements, states
     that “C&A Tandis, Bentley or an approved equal is an acceptable carpet.”

     They bid the job with Bentley Prince Street Carpet and believe that Bentley has suitable
     carpet that is an equal even though it is stated in the specs that Bentley is an
     acceptable manufacturer, it wouldn’t be a substitution it is a specified product.

     Bentley Prince Street already has 52,000 sq. yds. of carpet in the Airport currently and
     the other manufacturer has no carpet in the Airport. They have a proven product that is
     working well in the current situation.

     When they initially undertook the bid for the project they looked at both manufacturers.
     They do business with both manufacturers. They decided to go ahead with Bentley
     because of their price and because Bentley is a California Company employing over 500
     individuals in the State. The other manufacturer does not.

     They were $200,000 low to the third bidder which bid the CNA product. They feel it is
     saving the public money at a time when saving money is a priority for everyone.

     Finally, there is the current status of California’s “Or Equal” requirements which states
     that this statute “prohibits any public works project specification from limiting 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.’”. There is no violation in this specification but as you
     see this is a pattern number which makes this a proprietary product.

     Mr. Adrian Laekas, Sales Manager for Bentley Prince Street said that Bentley is the low
     bidder to Lambard and a qualified past supplier. This project is a significantly sized

                              Minutes, February 3, 2009, Page 7
contract and he is present to address the matter in which the process is being managed.
He has been involved in the carpet design for this project for over a year with Amir
Koleini and Melissa Stephenson of the Airport and he has a personal invested interest,
however despite being listed on the plans he has been told by the San Francisco
Airport’s Design department that they do not want Bentley Prince Street on this project.

In February 2008 the San Francisco Design Department invited him to begin
development of this product. They also invited his competitor, Collins and Aikman. After
about 6 months the Airport asked Bentley Prince Street and Collins and Aikman to
interpret each others product so there would be an opportunity for the Airport to benefit
from a fair bid and have two manufacturers providing the same pattern. Some time later
the design review committee reviewed these patterns and selected one. Both
manufacturers were asked to continue working on the development of the product. They
are restricted by copyright infringement laws so whereas the desire may be to duplicate
a product exactly they are not able to do that. They interpret it ... and do it quite
successfully and very often in the public sector.

In January 2009 the carpet went out to bid and the specifications specified only one
manufacturer ... in fact it listed both companies by name yet he has been told by the
design department that they will not accept our product which was bid to the two lowest
bidders. Not only the lowest bidder but the second bidder used our product as well.
They were low bidder by close to $250,000.

If there was a desire for a proprietary specification it should have been listed that way.
Collins & Aikman ... no substitutes. But it was not. He hoped it wasn’t an effort to just
appear to have a fair bid. Both bidders used Bentley Prince Street and the Airport made
it clear they did not want to use us.

Bentley Prince Street has a history of over 15 years with the Airport, having installed 75-
80% of the carpet successfully. They hope the Commission will give them the
opportunity to respond or consider this presentation a response to the protest filed by
the third bidder. The City recognizes and promotes opportunities for minorities and it’s
established plan ... the San Francisco Green Building Ordinance for goals towards
waste reduction building sustainability and yet apparently there is virtually no interest in
the fact that Bentley Prince Street manufactures the product.

Mr. Anthony Minite, President and CEO of Bentley Prince Street, Inc., a California
manufacturer. They have been manufacturing carpeting in California for over 30 years.
There once was close to 100 carpet manufacturers in the state of California; today there
are five. They are the largest commercial manufacturer of product in the state. They
employ over 500 people. Eighty percent of their workforce is minority, 50% is female,
and 52% of his senior management is female.

Their company is driven on sustainability and their efforts in reducing their
environmental footprint are continually recognized in the State. They are the recipient of
the Governor’s Environmental and Economic Leadership Award.

As companies leave the State, for the last seven years they have continued to reinvest
in their company and its people to the tune of about $28 Million. For three years in a row
they have been recognized as a top company to work for in the City of Los Angeles.

                         Minutes, February 3, 2009, Page 8
     He assured the Commission that he was doing what is required in the State to sustain a
     strong company, both environmentally and socially. Their company sees this as an
     opportunity for them to once again provide product to a public location such as the
     Airport. It was an open bid forum and their bid was low by over $200,000. They don’t
     understand why this now is an issue.

     They are passionate about keeping 500 people in this State employed. They pay taxes
     in California and don’t want to loose a publicly funded contract to a company based in
     Georgia.


     Mr. Mike Patino, Transport Workers Union, Local 505, is present with the President of
     the local, Mike Mayes. They represent American Airlines employees in the North and
     South Bay and most of the MUNI people and the Trolley Car people as well. He wanted
     to introduce himself. He looks forward to working with the Commission on issues
     regarding the Airport. He is involved also with the Airport Labor Coalition.

     Mr. Larry Wing, President of Local 1781, International Association of Machinists and
     Aerospace Workers, representing about 2,000 employees at San Francisco Airport for
     many different employers as well as. He is also part of the Airport Labor Coalition and is
     also intimately involved with HCAO, the MCAON, the QSP. He is here today to observe
     the procedure and process.

     Mr. Steve Pitocchi, SEIU, Local 1021, said that one card was filled out for the Coalition.
     They wanted to introduce themselves individually and the unions that they represent.
     Also present: Maggie Gribben, SEIU Local 1877. Stan Keno, Association of Flight
     Attendants, CWA Local 2911. Sonia Rivera, SEIU, Local 1877, Airport Division.

                                            *   *   *

H.   CORRESPONDENCE:

     There was no discussion by the Commission.

                                            *   *   *

I.   CLOSED SESSION:

     Discussion and vote pursuant to Brown Act Section 54957.1 and Sunshine Ordinance
     Section 67.11 on whether to conduct a Closed Session.

     The Commission voted unanimously to go into closed session. The public meeting was
     recessed at 9:29 A.M. and the closed session began.

     The Airport Commission will go into closed session in accordance with Government
     Code Section 54956.9(a(1) to confer with legal counsel regarding a settlement of
     litigation entitled Verdugo v. CCSF, et al, San Francisco Superior Court Case No.
     454757; and, Government Code Section 54956.9(b) to confer with legal counsel
     regarding potential litigation


                             Minutes, February 3, 2009, Page 9
     Discussion and vote pursuant to Brown Act Section 54957.1 and Sunshine Ordinance
     Section 67.14 on whether to disclose action taken or discussions held in Closed
     Session.

     The Commission reconvened its public session at 9:45 A.M. The Commission
     determined that it was not in the public interest to disclose the nature of the closed
     session and voted unanimously not to disclose it.

                                            *   *   *

J.   ADJOURNMENT:

     There being no further calendared business before the Commission the meeting
     adjourned at 9:46 A.M.

                                           Original Signed by Jean Caramatti

                                           Jean Caramatti
                                           Commission Secretary




                             Minutes, February 3, 2009, Page 10

								
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