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SR 07-23-2019 3D City Council Report City Council Meeting: July 23, 2019 Agenda Item: 3.D 1 of 5 To: Mayor and City Council From: Susan Cline, Director, Public Works, Architecture Services Subject: Award Request for Proposal and enter into agreements for the Installation of Solar Photovoltaic Systems at the Santa Monica Airport and City Services Building Recommended Action Staff recommends that the City Council: 1. Award RFP# SP2570 - Solar Photovoltaic (PV) Project to Baker Electric Corporation, a California-based company, for the installation of a solar photovoltaic (PV) system at the Santa Monica Airport; and to Blue Sky Energy Corporation, a California-based company, for the installation of a solar PV system at the City Services Building; 2. Authorize the City Manager to negotiate and execute agreements with Baker Electric Corporation in an amount not to exceed $858,113 (including a $141,953 contingency), and with Blue Sky Energy Corporation in an amount not to exceed $1,763,354 (including a $160,305 contingency); 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within the contract authorities. Summary Santa Monica strives to be a carbon neutral city by 2050. This means all activities within Santa Monica will result in a net decrease in atmospheric greenhouse gases emitted annually. In the recently adopted Climate Action and Adaptation Plan, measures listed to help achieve the goal of carbon neutrality include: • All new City buildings over 10,000 square feet meeting the requirements of the International Living Future Institute (ILFI) Net-Zero Energy certification, which stipulates buildings must generate more energy from renewable sources (solar, wind, etc.) on-site than they use annually; • Install 1 MW of on-site solar energy on City facilities by 2020; and • Install 100 MW of local solar energy citywide. 2 of 5 The Solar Photovoltaic (PV) Project involves installing solar PV panels on two buildings at the Santa Monica Airport and the City Services Building (CSB) to generate local renewable energy. This project contributes toward all three of the measures listed above. Staff recommends Baker Electric Corporation and Blue Sky Energy Corporation as the best qualified firms to install the solar PV panels at the Airport and CSB. Discussion City staff analyzed 18 City-owned buildings around the Santa Monica Airport for solar potential and determined that two sites - the 2800 Donald Douglas Loop North and 2959 31st St. buildings - were ideal. The buildings recently underwent reroofing, which provides an opportunity to install a PV system. Both buildings are located north of the Santa Monica Airport runway and are currently occupied by commercial tenants. The City pays approximately 80% of the electricity bills for these facilities. Installing a solar PV system at the two sites would provide an estimated annual savings of $53,200 per year to the City. The third proposed site for a solar PV system is the City Services Building (CSB), which is currently under construction. The CSB is an addition to City Hall, located at 1685 Main Street, and will be a centralized location for core municipal operations and 240 City staff. The CSB is designed to achieve ILFI’s Living Building Certification, which among other things requires the building to generate all of its energy onsite using renewable sources. The solar PV system will be a critical component in achieving this goal. The total proposed system size would be 285.24 kW and the first year’s solar production is anticipated to be 403,241 kWh. The City has the option to purchase the CSB system outright for $1,763,354 or enter into a Power Purchase Agreement (PPA), which is a long-term contract with a financier to purchase the solar system’s energy over 25 years. The City has determined that purchasing the system outright would be the most cost-effective approach. The $1,763,354 purchase amount is included in the project budget for the CSB. Paying for the CSB’s renewable energy in the project budget eliminates energy utility costs, thereby reducing operating costs and maximizing return on investment. 3 of 5 As of May 2019, there are seven City-owned facilities with a total combined solar capacity of 442 kW. The three solar PV systems staff is recommending as part of this Solar PV Project would add 559 kW of capacity, increasing the City-owned solar portfolio by 127% to just over 1 MW . Vendor Selection (RFQ) RFQual Data RFQual Posting Date RFQual Posted On RFQual Advertised In (City Charter & Municipal Code) # of Vendors Downloaded # of Submittals Received Date Publicly Opened 10/18/18 City's Online Bidding Site Santa Monica Daily Press 52 15 11/29/18 Pre-qualified List Vendor Selection Recommendation ENGIE Services U.S. Inc. SUNWORKS Municipal Code SMMC 2.24.190 Performance Contracting Inc. ForeFront Power Evaluation Criteria Previous experience/technical competence, answers to a questionnaire, references, resumes of relevant staff, and DIR compliance. Sitelogiq Baker Electric Blue Sky Energy SUNPOWER PDE Energy Solutions Solar Forward PV Guru Justification to Short-List Staff received 15 statements of qualifications, which it scored and ranked through an RFQ process. Eleven of the 15 contractors that ranked the highest were placed on a pre-qualified solar contractor list. These 11 pre-qualified contractors were invited to bid on two separate solar photovoltaic systems, which they were allowed to bid together or individually. Bid Data Bid Posting Date Bid Posted On Bid Advertised By # of Vendors Contacted # of Submittals Received Date Publicly Opened 01/30/19 Sent Directly To PreQual List Sent Directly To PreQual List 11 05 02/27/19 Bids Received Selection Criteria Blue Sky Energy Solar Forward Municipal Code SMMC 2.24.180 SunWorks Evaluation Criteria Price, previous experience, ability to deliver, quality of product, and compliance with City specifications. Baker Electric PV Guru 4 of 5 Justification to Award Of the five proposals received, staff interviewed four shortlisted firms. Having been already pre-qualified, staff selected two of the lowest bidders for each project. Through the interview process, the two recommended firms demonstrated their in -depth knowledge of the project and also presented potential concerns to keep in mind for the project. Both firms have experienced teams as demonstrated by their proposals and during their interviews. Based on this criteria and criteria in SMMC 2.24.180, staff recommends Blue Sky Energy for the CSB scope of work and Baker Electric for the Airport scope. These corporations are the best qualified firms to provide solar installation services based on experience and team cohesion. Protest On May 17, 2019, City staff notified bidders of its intention to recommend Baker Electric as the best bidder of the Airport portion of work and award them the contract for RFP SP2570 - Solar Photovoltaic Project. On May 21, 2019, the City’s Public Works Director received a timely protest from PV Guru. On May 23, 2019, PV Guru submitted an addendum to its initial protest, which was still within the window allotted for protests. On May 31, 2019, after reviewing the protest documentation submitted and speaking with the review committee, the Public Works Director denied the protest based on no grounds for protest (Attachment A). Based on the Public Works Director’s final determination to deny the protest, staff recommends that SP2570 – Solar Photovoltaic Project be awarded to Baker Electric for the Airport scope of work. Financial Impacts and Budget Actions Staff seeks authority to approve funding from the Airport Fund and General Fund to award a construction contract with Baker Electric and Blue Sky Energy for the installation of a solar PV system at the Santa Monica Airport and CSB. Construction Contract Request: Baker Electric Request Amount FY 2019-20 Budget CIP Account # Total Contract Amount 5 of 5 $858,113 C5704690.689000 $858,113 Construction Contract Request: Blue Sky Energy Request Amount FY 2019-20 Budget CIP Account # Total Contract Amount $1,763,354 C0105540.689000 $1,763,354 Prepared By: Joel Cesare, Project Manager Approved Forwarded to Council Attachments: A. Bid Protest Response Letter 05.31.19 B. Blue Sky Energy Oaks Initiative Disclosure Form C. Baker Electric Oaks Initiative Disclosure Form Public Works Department 1685 Main Street Room 116 Santa Monica, California 90401 (310) 458-8221 Main Page 1 of 3 This Determination is Final May 31, 2019 Via Email and U.S. Mail Kevin Mackamul, Director of Projects and Systems PV Guru Inc. 18922 S. Broadway Gardena, CA 90248 RE: Final Determination of Award Recommendation Dear Mr. Mackamul, The Public Works Department of the City of Santa Monica acknowledges the submission of a bid protest submitted on May 21, 2019 and of an addendum on May 23, 2019, by PV Guru objecting to the recommendation to award the contract for the Airport Solar Project, SP 2570 (“Project”), to Baker Electric. After careful consideration of PV Guru’s letter, including attachments, this letter constitutes the final determination of Public Works to deny the protest and proceed with the recommendation to award the contract to Baker Electric. In accordance with Santa Monica Municipal Code 2.24.180, the City reserves the right, after reviewing the bids, to reject any and all bids, and award the bid to the best bidder. The City has absolute discretion in determining the applicability and weight or relative weight of some or all of the criteria listed on Santa Monica Municipal Code 2.24.180, including (i) the quality of the material or services offered, (ii) ability, capacity and skill of the bidder to provide the material or services, (iii) capacity of the bidder to perform the services promptly, (iv) the sufficiency of the bidder’s financial resources, (v) experience and efficiency of the bidder, and (vi) ability of the bidder to provide future maintenance or service as may be needed, as well as price. The selection of the best bidder does not require selection of the lowest monetary bidder. In response to the City’s Notice Inviting Bids, including Addendums, the City received four bids. The City reviewed all bids for completeness, including Addendum Acknowledgment forms, minimum required qualifications related to previous and current work experience and capacity, and material information sheets. The Request for Bids also requested the submittal of both a base bid and an alternate bid for night work. In evaluating PV Guru Inc.’s initial bid, the minimum requirements were not met because PV Guru Inc. did not submit an alternate bid price. The submission of an alternate bid was included in the Request for Bids, which requested pricing for night work. This work, as described during the job walk, was integral to the evaluation due to the need to minimize the impact to Airport tenants. Having this information issued through an addendum was not required since the form was part of the original Request for Bids. In an attempt to avoid deeming PV Guru as non-responsive, the City determined that a best and final offer would be requested of all contractors bidding. It should Public Works Department 1685 Main Street Room 116 Santa Monica, California 90401 (310) 458-8221 Main Page 2 of 3 This Determination is Final be noted that PV Guru was the only contractor that did not submit an alternate bid or include the cost of night work within their base bid. In addition, no contractor revised their base bid after the City’s request. Allowing for a best and final price allowed PV Guru to participate in the second phase evaluation. Staff’s evaluation awarded points based on the following categories: (i) proposed cost; (ii) technical approach, design and implementation schedule; (iii) warranty and equipment. PV Guru suggests in their protest that hardware and design are part of the same category, which is incorrect, as well as stating that the Bids were not properly evaluated . A proposal’s design falls within category (ii). Although design is a consideration within this category, it is not the sole criteria for obtaining full points. Within this category, staff considered technical approach, design and implementation, and schedule. Although PV Guru Inc. addressed a shading issue in a localized area above one of the three proposed buildings, they did not score as well as Baker in the implementation aspect of the category for all four buildings. During the interview process, Baker was able to present their implementation plan with considerations for the City’s tenant concerns, whereas PV Guru did not have field personnel present for their presentation and did not go into the details of the field work. For this reason, Baker scored higher. A proposal’s hardware falls within category (iii). Within this category, staff considered the proposed warranties and equipment. In reviewing the proposals, Baker offered a longer warranty for their equipment with a more robust coverage. For this reason, Baker scored higher. Finally, to ensure a fair and proper evaluation, City staff created a committee of five staff members in addition to utilizing the services of an outside consultant to select the best bidder. Staff is confident that every measure was taken to ensure a thorough and objective evaluation. Public Works Department 1685 Main Street Room 116 Santa Monica, California 90401 (310) 458-8221 Main Page 3 of 3 This Determination is Final Below is a chart detailing the point comparison. Baker Electric PV Guru Possible Points Ave Score Ave Score Proposed Cost 50 46.4 48.8 Technical Approach, Design and Implementation Schedule 30 30 29 Warranty and Equipment 20 19.6 15.4 Total Score 100 96 93.2 Based upon all of the above, given the City’s discretion to award to the best bidder under SMMC Section 2.24.072, the Bid Protest is denied. Sincerely, Susan Cline Director of Public Works Sent to: kmackamul@pvguru.com Copy: Susan Cola, Deputy City Attorney, Santa Monica REFERENCE: Agreement No. 10882 - 10883 (CCS)