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Home My WebLink About08 AWARD CONTRACT FOR HVAC UNITS~ A ends Item AG ~ ~ DA R ~ P O RT Reviewed: City Manager Finance Director MEETING DATE: FEBRUARY 21, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 8 SUBJECT: AWARD CONTRACT FOR THE REMOVAL AND REPLACEMENT OF HEATING, VENTILATION & AIR CONDITIONING (HVAC) UNITS AT THE TUSTIN POLICE DEPARTMENT {CIP NO. 10032) SUMMARY Staff is requesting that the City Council award the construction contract for the Removal and Replacement of Heating, Ventilation & Air Conditioning (HVAC} Units at the Tustin Police Department {CIP No. 10032) to the lowest responsive/responsible bidder. RECOMMENDATION It is recommended that the City Council deny the bid protest by Allison Mechanical, Inc. and award the construction contract for the Removal and Replacement of Heating, Ventilation & Air Conditioning (HVAC) Units at the Tustin Police Department CIP No. 10032 to the lowest responsive/responsible bidder, TMCI, Inc. {TMCI) and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. FISCAL. IMPACT Sufficient funds have been budgeted and appropriated far this project in this Fiscal Year 2011-2012 Capital Improvement Program in CIP No. 10032. DLSCUSSION The HVAC units on the Police Department roof have experienced frequent failures and have reached the end of their 20 year useful life. This project will provide far removal of two old units and installation of two new HVAC units of similar size. The City Council approved plans and specifications and authorized soliciting bids at the December 6, 2011 meeting. Formal bids were received on January 10, 2012 and reviewed by the Public Works Department. A total of five bids were received and are summarized as follows in order of least dollar amount: TMCI ........................................................................... $144,117.58 Allison Mechanical, Inc ................................................ $159,000.00 United Mechanical Contractors, Inc ............................ $159,500.00 Pardess Air, Inc ........................................................... $160,000.00 Scorpio Enterprises ..................................................... $196,000.00 Los Angeles Air Conditioning, Inc ............................... $199,700.00 Barr Engineering, Inc ................................................... $213,500.00 Contract Award for PD HVAC February 21, 2012 Page 2 The City received a formal bid protest dated January 10, 2012 from Allison Mechanical, Inc. In the protest, Allison Mechanical, Inc. requested that the City find the apparent lowest bidder, TMCI, non-responsive for its alleged failure to include all subcontractors for the proposed work. Specific allegations were related to roofing repair, the provision of temporary air conditioning and electrical work. The only foreseen facet that may pose a need for roof repairs in this contract involves the replacement of a seismic vibration rail for the proposed HVAC equipment. TMCI has demonstrated their intent to replace the Seismic Vibration Rail and perform the entire project without the need to penetrate, cut or tie into the existing roof. Nevertheless, TMCI will be required to provide a five (5) year warranty as well as letter from the City's roofing contractor, The Garland Company, accepting the work at the close of the project, as specified in the plans. The contract also requires the provision of temporary air conditioning for the Police Department during construction. TMCI has demonstrated that they will utilize their internal workforce and equipment to comply with contract requirements. TCMI has also adequately demonstrated to the City's satisfaction that all electrical work will be completed by TMCI. Staff has reviewed the references and the State Contractor's License for TMCI and has determined that they are appropriate for the all aspects of the subject project. It is therefore recommended that the City Council deny the bid protest by Allison Mechanical, Inc. and award the construction contract for the Removal and Replacement of Heating, Ventilation & Air Conditioning (HVAC) Units at Tustin Police Department (CIP No. 10032) to the lowest responsivelresponsible bidder, TMCI, Inc. and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. Dou~ias ~. Stack, P.E. Director of Public Works/City Engineer Attachment{s): Allison Mechanical protest Itr, dated 1 /1 012 0 1 2 City response Itr, dated 2!2!2012 S:\City Council Items\2012 Council ItemsVlward of Contract HVAC at PD (CIP 10032).doc ATTACHMENT 1 Allison Mechanical, INC. Itr dated 1j10/2012 ALLISON ..,.. 1968 Esseac Court, Redlands, CA 92373-8Q08 1P(9Q9} 47&5633 • FAX (909) 478-Sb37 Tuesday, January 10, 2012 City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: Justin Churchill, Field Services Manager Re: Removal and Replacement of HVAC units at Tustin Police Department, (C1P# 10032} Dear Sir, Pursuant to Public Contracting Code §4104, a, l; a contractor must list their subcontractors in excess of '/z of 1 percent of the total bid. Public Contracting Code §4106; states that if a contractor fails to list a subcontractor to perform the work that they agree they aze fully qualified to perform the work themselves. The apparent Iow bidder TMCI only listed a crane for subcontractors but does not include Roofing, Temporary AlC ar Electrical. Where they maybe qualified to perform the electrical, I would assume that they would not be qualified to perform the roofing ar licensed to do so. I will also assume that they would not be certified in the roofing system to maintain the warranty on the roof. Please accept this as a formal protest to the apparent low bidder's bid proposal for the Removal and Replacement of I3VAC units at Tustin Police Department, (C1P# 10032}. If you have any questions please feel free to contact me at the phone #'s ar a-mail below. Thank you, ~C•l eg ~utler Sr Project Manager Allison Mechanical, Inc. (909) 478-5633 ph (909) 478-5637 fx (909) 241-0097 cell rbutler@allison l .net ATTACHMERIT 2 City Response Itr dated 2/2/2012 Department of Public Works Douglas S. Stack, P.E. Director February 2, 2012 Mr. Reggie Butler Senior Project Manager Allison Mechanical, Inc. 1968 Essex Court Redlands, CA 92373-8008 >~, ~~ ~ - KK ~ ~ ~, .> 2~ ~ ~ . \.~ n~, ~% °:. ~~- ~~~~~ ~~~ J~~;~ , ~,~ tl .. '.1 .~. Re: City of Tustin - Removal and Replacement of Heating, Ventilation & Air Conditioning (HVAC) Units at Tustin Police Department Project CIP Nos. 10032 Response to Bid Protest Dear Mr. Butler: The City of Tustin {"City") received your bid protest dated January 10, 2012 and has reviewed the particulars therein. In your protest you request that the City find the apparent lowest bidder, TMCI, Inc., non-responsive for its alleged failure to be properly licensed to perform Roofing, Temporary AC and Electrical by way of not listing any of these trades in their subcontractors list. The City responds to your protest and allegations as follows. First, as for the roofing aspect of the jab, replacement of the Seismic Vibration Rail, for the proposed HVAC equipment is the only foreseen facet that may pose a need for roof repairs. Nonetheless, TMCI has demonstrated their intent to replace the Seismic Vibration Rail and perform the entire project without the need to penetrate, cut ar tie into the existing roof. TMCI will be required to provide a five {5} year warranty as well as letter from Garland Company accepting the work at the close of the project, as specified in the plans. Second, the Temporary AC function needed for this project will be completed by TMCI's internal force with the use of their equipment. Third, electrical facets of this project wiA be completed by TMCI. TMCI is properly licensed to complete both these functions. In conclusion, the City finds na merit in your protest and herby denies it based on the information listed above. Therefore, based on our review and findings, City staff intends to move forward with recommendation to the City Council to award this project to TMCI, Inc. as the lowest responsive bidder. Thank you far taking the time to bid this project. We sincerely appreciate your interest in providing services to the City of Tustin and welcome any future opportunity with Allison Mechanical, lnc. in that regard.. Sincerely, ~~ Jason J. Churchill Field Services Manager 300 Centennial Way, Tustin, C'A 92,780 • P (714 573-3150 • F: {714j 734-$991 • www.tustinca.or,g