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Home My WebLink About22-Facilities ManagementCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION IJ From: James Sharer, Director Subject: Resolution authorizing execution of an Agreement for Dept: Facilities Management Services and issuance of a Purchase Order to Davidson • Air Conditioning and Heating, Inc. for Center for Date: February 12, 2007 Individual Development HVAC Replacement in the City of San Bernardino per RFQ F-07-25; rejecting the lowest bid of Retrofit Technology, Inc., as being non- responsive. M/CC Meeting Date: March 5, 2007 Synopsis of Previous Council Action: September 5, 2006 Resolution # 2006-312, Authorized the Mayor to execute an agreement between the City of San Bernardino, the County of San Bernardino and the Authority for [he Handicapped to proved facility improvements at the Center for Individual Development (C.LD.) main building, annex and the North Norton Center using County CDBG funds. Recommended Motion: 1.) Reject the bid of Retrofit Technolog}', Inc. because the bid is non-responsive. 2.) Adopt Resolution. • ._~ 1<~ ~~. James .Sharer w Director of Facilities Management Contact person: James Sharer Phone: 384-5244 Supporting data attached: Staff Report, Resolution Ward(s): 2 FUNDING REQUIREMENTS: Amount: $59,325.00 Source:: Community Development Block Grant Funds Reimbursement Acct# 001-325-5706 Barbara Pachon Director of Finance Council Notes: ~ ~ ~ ~~ ,, L • CITY OF SAN BERNARD[NO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution authorizing eicecution of an Agreement for Services and issuance of a Purchase Order to Davidson Air Conditioning and Heating, Inc. for the Center for Individual Development HVAC Replacement in the City of San Bernardino per RFQ F-07-25; rejecting the lowest bid of Retrofit Technology, Inc., as being non-responsive. BACKGROUND The Center for Individual Development (C.I.D.) operates under the auspices of the Authority for the Handicapped, ajoint powers authority that includes the City of San Bernardino, the County of San Bernardino and the San Bernardino City School District. The Authority for the Handicapped has received a County Community Development Block Grant (CDBG) for $87,500 for rehabilitation of a portion the CID roof and HVAC system which • are badly in need of repair. As part of the joint powers authority, the City provides Facility Maintenance services at these facilities and is the project manager for the roof and HVAC system repair project. City funds are not used to pay for this project. This project is funded entirely by County CDBG funds. The RFQ for the Center for Individual Development HVAC Replacement project was advertised in the San Bernardino County Sun Newspaper on 12/14/06. It was posted on the City web site, given to the Chamber of Commerce and mailed directly to 4 contractors, 3 of whom are located in San Bernardino. The City received bids from four firms to perform the Center for Individual Development HVAC Replacement. City staff has reviewed the bids and staff recommends that the Retrofit Technology, Inc. bid, the lowest bid, be found non-responsive and therefore rejected. Retrofit Technology, Inc. did not include a completed bid bond nor a notarized Non-Collusion Affidavit, two critical documents expressly required by the bid specifications and state law. Retrofit Technology, Inc. was given a second opportunity to provide the required documentation and they did not provide a completed bid bond. Staff sent written notice to Retrofit Technology, Inc. that the Mayor and Council may reject their bid as nonresponsive. Staff has determined [hat Davidson Air Conditioning and Heating, Inc., the second lowest bidder, has submitted a responsive bid. Davidson Air Conditioning and Heating, Inc. after being contacted by City staff has cured minor inconsequential bid irregularities such as, Technical Specifications, Proposed Product Specifications, Certified copy of the Bi-laws or resolution of board of directors • authorizing signing officer for corporate bid submittals, Profile of Firm, and a statement of • Bidder's Experience. Davidson Air Conditioning and Heating, Inc. previously submitted all other requirements with their bid, including a cashier's check for bid security and aNon- Collusion Affidavit. Staff has confirmed the contractor's license, insurance, and references. Name of Bidder Ci Base Bid Retrofit Technolo ~, Inc. Bloomington $45,848.00 Davidson Air Conditioning & Heatin ,Inc. San Bernardino $46,870.00 ACH Mechanical Contractors, Inc. Redlands $55,400.00 F. IVI. Thomas Air Conditioning, Inc. Brea $68,254.52 Staff also acknowledges that various unforeseen conditions may arise in this project. A contingency budget of twenty six percent (26%) is requested at this time for the unforeseen or additional HVAC work that has not been included in the contract. Project bid: $ 46,870.00 Contingency (26%) $ 12,455.00 Total project budget $ 59,325.00 The total cost for this project is estimated at $59,325.00 for construction with contingency. The • Authority for the Handicapped has received a County Community Development Block Grant (CDBG) for $87,500 for roof and HVAC work; $28,175.00 is funding the roof portion from the grant. City funds are not used to pay for this project. Staff recommends issuance of a Purchase Order and execution of an Agreement for Services with Davidson Air Conditioning and Heating, Inc., for the amount of $46,870.00, with a 26% contingency of $12,455.00 to cover unforeseen conditions, making the total construction purchase order costs $59,325.00. FINANCIAL IMPACT The funding for this project has already been included in the Facilities Management FY 06-07 budget (account number 001-325-5706) and the CDBG reimbursement has already been included in the FY 06-07 revenue budget in account number 001-000-4901. RECOMMENDATION 1.) Reject the bid of Retrofit Technology, Inc. because the bid is non-responsive. 2.) Adopt Resolution. • 1 2 3 4 5 7 8 9 10 11 12 17 18 19 20 21 22 23 24 25 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH AND ISSUANCE OF A PURCHASE ORDER TO DAVIDSON AIR CONDITIONING AND HEATING, INC. FOR THE CENTER FOR INDIVIDUAL DEVELOPMENT HVAC REPLACEMENT IN THE CITY OF SAN BERNARDINO PER RFQ F-07-25; REJECTING THE LOWEST BID OF RETROFIT TECHNOLOGY, INC., AS BEING NON- RESPONSIVE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION t. Davidson Air Conditioning and Heating, Inc. is the lowest responsible bidder for the Center for Individual Development HVAC Replacement in the City of San Bernardino per RFQ F-07-25. A contract is awarded accordingly to said Contractor in a total amount of $46,870.00 with a contingency of $12,455.00. Such award shall be effective only upon said contract being fully executed by both parties. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is on file in the City Clerk's Office and incorporated herein. The Purchasing Manager is hereby authorized and directed to issue a purchase order which references this Resolution to said Contractor. SECTION 2. Reject the lowest bid of Retrofit Technology, Inc., as being non- responsive. SECTION 3. Any amendment or modification thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, N~. as 3~s~~, 1 2 3 4 5 6 7 8 9 10 it 1 1 1 21 I 23 24 25 26 27 28 modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution. ///// i 2 3 4 5 6 7 8 9 10 11 12 13 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH AND ISSUANCE OF A PURCHASE ORDER TO DAVIDSON AIR CONDITIONING AND HEATING, INC. FOR THE CENTER FOR INDIVIDUAL DEVELOPMENT HVAC REPLACEMENT IN THE CITY OF SAN BERNARDINO PER RFQ F-07-25; REJECTING THE LOWEST BID OF RETROFIT TECHNOLOGY, INC., AS BEING NON- RESPONSIVE. 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2007, by the following vote, to wit: Council Members: ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON McCAMMACK AYES NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of , 2007. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: F. Penman, City Attorney