8 Resolution Approving Emergency Purchase of New Police Facility HVAC Unit.

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Meeting Date February 16, 2016


AGENDA ITEM: Resolution Approving Emergency Purchase of New Police Facility HVAC Unit.

MEETING DATE: February 16, 2016

PREPARED BY: Ruben Chavez, Chief of Police

REVIEWED BY: Odi Ortiz, Interim City Manager



Approval of Resolution , Authorizing the Emergency Purchase of a New Air Conditioner Unit for the Police Administration Building from Modem Air Mechanical Contractors.


The Department is requesting that the City Council approve the emergency purchase of a new air conditioner unit for the police department. The current 15-Ton Unit is the original since the facility was built in 1997. With normal wear and tear, these types of units can provide approximately 15-20 years of service. Since the Police Department Facility operates 24/7, the replacement cycle is likely to be significantly shorter.

On or about February 1, 2016, our staff began to notice an unfamiliar faint odor in the hallways. It was not realized until the next day that the odor was actually the failure of the roof top air conditioner unit, which unbeknownst to staff, had developed a large crack in the heat exchanger. The department contacted our service provider, Modem Air, who discovered the crack and informed our staff the odor was likely the carbon monoxide that emitted through the crack which if had gone undetected, would likely lead to serious health consequences for all the staff that use the facility.


Staff is requesting that the City Council authorize the purchase of the HVAC system without going through formal bid procedures as required under Livingston Municipal Code Section 1-11-5. The Code does allow for waiver of formal bid procedures for purchases that are of "urgent necessity for the preservation of life, health or property." (Livingston Municipal Code Section 1-11-6 (A))

The service provider assessed our facility during the system failure and was able to redirect the building’s operating system to a back-up unit. Industry experts have determined that the back-up unit is strictly for short term usage. A second system failure will not only place staff in an unhealthy environment, but will also leave the facility without any heat or air which in itself, can lead to unhealthy and unsafe working conditions. This is especially true as carbon monoxide can be deadly and is difficult to detect.

The installation of a new 15-Ton AC-1 Unit was due in any case and the replacement unit will be more energy efficient additionally saving the department on energy costs. Although not formal bid procedures, in an effort to get the best price, the department solicited quotes for numerous HVAC companies and requested they be provided in two days due to the emergency. The department received only two quotes listed below and recommends contracting with the company who already performs the department’s service and maintenance of the HVAC system, Modem Air.


The removal and replacement of the entire HVAC unit has been quoted at $20,551. Funding for the system has been identified using the City’s Community Development Fund (CFD).


1. Resolution 2016-_, Authorizing the Emergency Purchase of a New Air Conditioner Unit for the Police Administration Building from Modern Air Mechanical Contractors.

2. Quote from Holl Sheet Metal -York 15-ton unit- $20,694.00

3. Quote from Modern Air- York Johnson 15 -ton unit- $20,551.00



WHEREAS, Section 1-11 et seq. of the Livingston Municipal Code sets forth the City of Livingston’s Purchase Policies and Procedures and establishes that purchases of operational supplies, materials, and equipment in excess of Ten Thousand Dollars ($10,000) be subject to formal bidding; and

WHEREAS, Section 1-11-6 provides that formal bidding requirements for purchases may be waived if a purchase is: of urgent necessity for the preservation of life, health or property; exempted by Council resolution passed by at least four (4) affirmative votes; or only available from one (1) source; and

WHEREAS, on or before February 1, 2016, personnel working in the Police Facility ("Facility"), noticed an unfamiliar faint order that was identified as stemming from a broken roof top air conditioning unit; and

WHEREAS, the City’s current HVAC installer found that the odor was likely due to carbon monoxide emitting from the broken unit, and thereafter, redirected the Facility’s heating and air to a back-up unit as a temporary solution; and

WHEREAS, given the need to have a properly heated and cooled Facility, and to decrease the risk of a potential carbon monoxide leak that would threaten the health and well-being of City personnel and members of the public, the City did not formally bid the purchase and installation of the new HVAC unit; and

WHEREAS, instead of formally bidding the purchase, the Police Department solicited informal quotes for the purchase and installation of a new air conditioning unit that were to be submitted within two (2) days given the urgent need to replace and install a new HVAC system; and

WHEREAS, the City received two quotes for the purchase and installation of a HVAC unit, with Modern Air Mechanical Contractors, the City’s current service provider, submitting the lowest quote in the amount of Twenty Thousand Five Hundred Fifty-One Dollars ($20,551.00), and the City now wishes to purchase the unit from Modern Air Mechanical Contractors and have them install it.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby adopts a Resolution approving emergency purchase of a Police Facility HVAC unit from Modern Air Mechanical Contractors.Passed and adopted this l6th day of February, 2016, by the following vote:






Rodrigo Espinoza, Mayor of the City of Livingston


I, hereby certify, that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 16nd day of February, 2016.


Betty Cota, Deputy City Clerk of the City of Livingston