HomeMy WebLinkAboutResolution No. 2024-37KENAI
CITY OF KENAI
RESOLUTION NO. 2024-37
Sponsored by: Administration
A RESOLUTION AUTHORIZING A CONTRACT AWARD UTILIZING AN INNOVATIVE
PROCUREMENT PROCEDURE AND CORRESPONDING PURCHASE ORDER FOR THE PUBLIC
SAFETY BUILDING TOWER GUY SYSTEM UPGRADE PROJECT.
WHEREAS, the City of Kenai formally released an Invitation for Bids for the Public Safety Building Tower
Guy Wire System project on January 17th, 2024 with no bids received on February 6th, 2024; and,
WHEREAS, the project was released for bids again on March 12th, 2024 with one bid received on March
26th in the amount of $112,888, well above budgeted and estimated amounts resulting in the City
declining to accept the bid; and,
WHEREAS, after two unsuccessful competitive bid solicitations, administration pursued securing a
contractor to complete the work utilizing an innovative procurement procedure; and,
WHEREAS, in coordination with Motorola the City was able to locate other potential vendors, including
Day Wireless Systems, that has provided has provided a quote to complete the work with an estimated
cost of $53,699.57 which is approximately $59,000 less than the bid received in March and within the
estimated cost for the project; and,
WHEREAS, time is of the essence due to previously encumbered work with Motorola that is unable to be
completed until the tower improvements are finished and could require additional contract time
extensions at an additional cost if the improvements are delayed much longer; and,
WHEREAS, Kenai Municipal Code section 7.15.070 allows for innovative procurements with a City
Manager approved procurement plan; and,
WHEREAS, the City Manager has approved in writing an innovative procurement plan; and,
WHEREAS, based on the history of the attempts to get this work under contract and the time delays
associated with those attempts, awarding a contract to Day Wireless Systems is in the best interest of
the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to execute a contract award and corresponding
purchase order to Day Wireless Systems in the amount of $53,699.57.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7T" DAY OF AUGUST, 2024.
ATTEST
Brian Gabriel Sr., Mayor
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Resolution 6-2324-37
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Michell M. er,)MMC, City Clerk
Approved by Finance:
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/ KFNAI
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: July 31, 2024
SUBJECT: Resolution No. 2024-37 - Authorizing A Contract Award Utilizing an
Innovative Procurement Procedure and Corresponding Purchase
Order for the Public Safety Building Tower Guy System Upgrade
Project.
The purpose of this memo is to request Council's approval of a construction agreement with Day
Wireless Systems forthe Public Safety Building Tower Guy Systems Upgrade Project. As Council
may recall, the Police Department has been successful in receiving Department of Homeland
Security Grant funding to assist with improvements to the City's radio and communications
systems. As that work was progressing it was determined our existing tower was insufficient to
carry additional loads without improvements and modifications to the systems guy wires and
anchor points.
Engineering Services were contracted with Larson Engineering & Design to assess the existing
tower and to provide bid ready construction documents for the required improvements. Invitation
for construction bids were formally released in January 2024 with no bids received, again in March
with a single bid received well above budgeted amounts. There are few contractors in state that
do this type of work.
As a result, and after reaching out to counterparts with Motorola, Day Wireless Systems has
offered to perform the work at a reasonable cost. Day Wireless Systems is a vendor that is known
and used by Motorola in other parts of the country.
The negotiated quote is well below the last bid attempt and within estimated costs. Award to Day
Wireless Systems at this time is in the best interest of the City. Procurement of these services in
this way, was coordinated with the City Manager in compliance with KMC 7.15.070 which allows
for innovative procurements with a City Manager approved procurement plan.
Work is anticipated to take place prior to the winter months setting in, and will allow Motorola to
complete their work this year as well.
Council's support is respectfully requested.
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 wwwkenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Terry Eubank, City Manager
DATE: July 31, 2024
SUBJECT: Resolution No. 2024-37 - Authorizing A Contract Award Utilizing an
Innovative Procurement Procedure and Corresponding Purchase
Order for the Public Safety Building Tower Guy System Upgrade
Project.
Kenai Municipal Code 7.15.070 Innovative Procurement and Other Exceptions, provides certain
alternatives to the City's normal competitive procurement processes. A contract may be
awarded under an innovative procurement process when the City Manager determines in writing
that it is advantageous to the City to achieve best value. Given the prior two unsuccessful
attempts to competitively bid this project due to lack of bidders and only one unacceptably high
bid, I have determined that utilization of an innovative procurement process is advantageous to
the City to determine best value.
When utilizing an innovative procurement process, the requesting department is required to
provide:
1. A detailed procurement plan for the City Manager to review and approve prior to public
notice being issued. The procurement plan must address the method of solicitations,
scope, method of award, protest procedures and proposed contract provisions. In this
case Administration is relying on the prior two solicitations public notices to meet the
public notice requirement. Twice the City has issued public notices soliciting contractors
for the same project. The procurement method of solicitation was to directly contact
industry manufacturers and sellers to learn of potential contractors and reach out to
those entities. The scope of solicitation was to follow up on leads provided by industry
manufacturers and sellers. Method of award consists of award to respondent that
provides best value to City. Protests procedures and proposed contract provisions are
standard appeals process as provided in code, and standard contract language, the
same as in prior two competitive solicitations.
2. An explanation of how the procedure will achieve best value or is advantageous to the
City. In this case the procedure both achieved best value and is advantageous to the
City. Based on the prior two solicitations and engineer's estimate, Public Works had an
understanding of the market to compare costs to. Additionally, based on the prior two
failed solicitation, the innovative method of procurement allows the project to proceed in
a timely manner that is advantageous to the City.
The Innovative procurement process also requires:
1. The City manager to approve the plan. I have approved the procurement plan.
2. All evaluation factors and subfactors that affect the contract award and their relative
importance must be stated in the solicitation. In this case the only evaluation criteria was
costs and reasonable ability to complete the work.
3. The solicitation must state whether factors other than costs will be evaluated. In this
case only cost was evaluated, and all respondents must have some demonstrated
means to complete the work, such as completion of similar prior work. This is consistent
with the requirement that costs can be primary factor when requirement is clearly
definable and risk of unsuccessful performance is minimal.
Having approved the Public Works Department's innovative procurement process and the
required criteria being met, the administration respectfully requests enactment of Resolution
2024-37.
Your consideration is appreciated.
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The City of Kenai I wwwkenaixit
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