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Home My WebLink About8D - Ponds Park Field Lighting MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT March 1S, 2002 SD Frank Boyles, City Manager CONSIDER APPROVAL OF A RESOLUTION RELATING TO THE ACQUISITION AND INSTALLATION OF FIELD LIGHTING FOR PONDS PARK FIELDS NO.1, 2 AND 7. Historv: At the January 22nd meeting, the City Council approved plans and specifications and authorized the staff to solicit bids for athletic field lighting for Fields 1, 2 and 7 at Ponds Park. Lighting for Field 7 was contemplated in this year's Capital Improvement Program. Fields 1 and 2 were to be included in the specifications as an add alternate. This work is not in the CIP, but was included to determine if favorable prices were available, and to increase utilization of these fields once illuminated. Current Circumstances: The engineering firm of Wunderlich-Malec prepared the specifications. In accordance with the January 22nd report, the specifications limit light spillage, do not name a lighting manufacturer, are intended to garner at least three bids, and are intended to obtain the best possible pricing. Bids were opened at 10am on Monday, February 25, 2002. At that time, bids were opened for four of the five vendors submitting bids. The bid of Kline Electric, which had been tendered to the City (at the Maintenance Center) by the Post Office on Saturday, February 23, 2002, was actually opened when it was re- delivered to the City at 1 pm on Monday, February 25, 2002. The bids are displayed in the tabulation below: ,."...--......."..-........--...---..-.-----."...-.--.---..--......-..----".....--..........,.....-..--.-".....-.-.---.--.....-......-.,.-.-.--".--..--...--"..---.....--"..-..---.-...--..--...T.'.....--------.-.--.-.......-.-..-..-..'.....-....---..., i I Arcade I Honda 1 Kline i Ridgedale Vinco. i ;...-...-.---....--...-..---.--.--....-.---.-.-..---.---..-...---..-....----....-".---.-..---,-----..--..-----..-.-.--..-...----...------..-,--.-..-.--.-.---.-- .-...-...---.".'.-.-..----., ! Base Bid: Field #7 i $166,307 ! $161,500 I $154,000 ! $162,00 $163,178 ! r'Afterr,.ate.:-.Fields-#-f8ai2.-'.----.r$-1-5-7~-827 .T$f56-~896"'T'$146~ 006--.'-.$165,060 .$-150';':f6'7"-' Other Alternates: I Lighting Controls (Fields#1,#2&#7) I $11,837 I $14,431 i $10,000 i $10,470 i $11,000 I r-.-.'.-.---......".----.-.-Satting-Cage -PowerPiin-ef-'-.'i31..27--..-r'---$.3680---r---$3500--.T"--.-$1934---T..--.$2-1-o-0'..-"'.1 r.----.-....--Controisfor.Ai'i"E'xisting'-FTefds--.r-$T2-,4s.7"-.-i'.-$T6~286--r-$10:.o66---.i-..--$1'2:-526....:..$12':600'-.'1 !.--.......-...---,.---Ada;j-sEf..LTghts-&.co-ntrois-r---.-$-28sy.-I".---$53.80--.--r...---.$5060-'--;--..-$2.s0'0..''''.$-405-8-'-1 [::::.._-_:~':'~_~!~~,s!~~~~~~..~~~~~~~!J~~~ce~~:~i~..T~..,-$..~~~r.....I.....!~~..~9~_..'..I..~~~9._q........j..$??iq...";.-$21""66-"" l.._~_i.~_..~~~_._"____.,._______._._____...._._._.__..__,..?,!.~__.._.,___...?~(~_____..,~J.?_._._...,...._,?!~__....,___,."?!o.._,,.,_: The Specifications were written so that the City could decide to complete Field #7 only. Or, Field #7 could be completed with Fields #1 and #2. Numerous 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 1:\COUNCIL\AGNRPTS\2002\FIELD L1GHTIN~YAL OPPORTUNITY EMPLOYER alternates were also included which would have added lighting fixtures, receptacles and/or controls for new and/or existing field lights. ISSUES: The bids received exceed our estimates. On January 22, 2002, we advised the Council that we expected to costs for Field #7 lights to be $138,000, and $130,000 for Fields #1 and #2. In fact, the lowest bid is $154,000 for Field #7 and $140,000 for Fields #1 and #2. Two poles had to be added to Field #7 to conform with City light spillage requirements. This would have increased our estimate by $10,000 to $148,000 for Field #7. Because of the higher than expected field lighting costs, we would not recommend acceptance of the non-lighting alternates. We are also advised by the engineer that the lighting controller costs alternates appear to be higher than expected. The City could, if it wishes, acquire these alternates by quote (possibly at a lesser price) at a future date. A final issue relates to the Kline bid. The bid was sent to the City using the US Postal Service Express Mail. Post office documents show that the US Postal Service attempted ot deliver the Express Mail package on Saturday, Feb. 23, 2002 to the Prior Lake Maintenance Center. The package was not left at the Maintenance Center as first-class mail would have been because Express Mail requires the signature of the recipient. Accordingly, the Postal Service returned the bid to its local office and re-delivered it to the City the next business day (February 25th) in accordance with its delivery policy. There are two primary purposes of the Uniform Municipal Contracting Law. First, it is intended to prevent fraud or collusion in bidding. Second, it is intended to encourage competition and in doing so, provide the greatest value to the taxpayer for the least price. We asked the City Attorney to look at the circumstances surrounding the Kline bid. She advised that the principle issue is whether it would be "an abuse of discretion" for the City Council to accept the bid. " . . .It is said that the reason for establishing bidding deadlines is to prevent fraud and collusion, and particularly to prevent a late bidder from gaining an unfair advantage by submitting a bid after the competing bids have been opened and their terms have disclosed. Accordingly, it may be helpful in determining whether the acceptance of a late bid is an abuse of discretion (emphasis added)to look not only at the length of time by which the bid was late, but also at whether there is any indication of fraud, collusion, or opportunities for unfair advantage in the circumstances actually presented (emphasis added). Particular factors that may be considered include whether the late bid was received before the competing bids were received, whether the delay gave the late bidder any practical opportunity to change the bid after the competing bids were opened, and whether any such changes were actually made. Whether and to what extent a bid was late because of some fault on the part of the bidder, or was late because of 1:\COUNCIL\AGNRPTS\2002\FIELD L1GHTING.DOC circumstances beyond the bidder's control, may also be a consideration." 49 A.L.R. 5th 747, 2b Our review of the circumstances of this bid show that the bid submitted by Kline was tendered on February 23'd, a full two days before the bid deadline. While the bid was received by the City from the Post Office after the opening, there appears to be no evidence that "there was any practical opportunity for Kline to change the bid after the competing bids were opened" because it was in the custody of the Post Office or City employees from February 23rd to February 25th. There is also no "indication of fraud, collusion, or the opportunity for unfair advantage in the circumstances actually presented". Id. Acceptance of the Kline bid serves to provide the taxpayer with the best value for the tax dollar as the Kline bid for both Fields is $19,345 less than the next lowest vendor. The Council must feel based upon the discussion above, that it is not an abuse of its discretion to accept the Kline bid based upon the actual circumstances. The engineer who prepared the specifications confirms that the Kline bid conforms with the specifications. He also indicates that he has had experience with Kline and finds the quality of their work to be acceptable. The question for the Council is to decide whether to award bid for Field #7 alone, or for Fields #7, #1 and #2. The staff recommends that bid be awarded for Field #7 at minimum. The Kline bid for Fields #1 and #2 exceeds the staff estimate by $10,000. The bids of the other four vendors for Fields #1 and #2 exceed the estimate by more than $20,000. If the four higher bids represent the market, the City should approve lighting of Fields #1 and #2 as well to take advantage of this below-market bid. FISCAL IMPACT: The 2002 Capital Improvement Program contains $75,000 for Field #7 lighting. P.L.A.Y. is committed to contribute an additional $59,000, for a total of $134,000. An additional $20,000 would have to be allocated from the Capital Park Fund to complete Field #7 lighting. If the Council chooses' to complete Fields #1 and #2 concurrently, an additional $140,000 would have to be allocated from the Capital Park Fund. The Capital Park Fund balance is $1,284,590. The vast majority of these funds are programmed in the Capital Improvement Program. ALTERNATIVES: (1) Motion and Second to adopt a Resolution awarding bid for Field #7 to Kline Electric in the amount of $154,000 and allocating $154,000 from the Capital Park Fund for this purpose. ($134,000 as designated in the 2002 CIP, and an additional $20,000 from the Capital Park Fund.) (2) Motion and Second to adopt a Resolution awarding bid for Field #7 and for Fields #1 and #2 in the total amount of $294,000, and allocating $294,000 from the Capital Park Fund for this purpose. ($134,000 as designated in the 2002 CIP, and $160,000 from the Capital Park Fund). (3) Take no action and direct staff accordingly. 1:\COUNCIL\AGNRPTS\2002\FIELD L1GHTING.DOC RECOMMENDED MOTION: Alternative (2). The Kline bids appear to be very competitive relative to the other vendors. I am not convinced that re-bidding will yield better prices. In fact, I am concerned they will yield higher prices. I also believe that there is a benefit in providing two additional softball fields now, especially given that the adult softball field could not be built. I :\COUNCI L \AGN RPTS\2002\FI ELD L1GHTI NG. DOC RESOLUTION ~l o~ SOLUTION AWARDING BID FOR THE PURCHASE AND INSTALLATION tv N E S OF LIGHTING FOR PONDS FIELD #7 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO EFFECTUATE THIS PURCHASE. Motion By: Second By: WHEREAS, the 2002 Capital Improvement Program identifies $75,000 from the Capital Park Fund to light Field #7 in Ponds Park; and WHEREAS, the City has received a contribution of $75,000 from Prior Lake Athletics for Youth (P.L.A.Y.), $59,000 of which is dedicated to field lighting; and WHEREAS, the City Council approved plans and specifications and authorized solicitation of bids on January 22, 2002; and WHEREAS, in accordance with public notice and as provided by the Uniform Municipal Contracting Law, bids were opened on Monday, February 25,2002; and WHEREAS, the bids were received and tabulated as follows: .-......_.._-_.._...._..__....._..__._-~._..._-._.._-------................. ..... ..........."""!.................---............................."!'........................ ....--...--.---.......... ..........................--...--....-........ ............................. ..... .... ............................ l:~!~~~~~~~.~I~ld-#~==:=::.=.:_~:-...::t~}~:~~!.-f.-.--.l~f~~Q~~[Ij]~~~qQ . ~i1l~.~6~~--j... $ ~~~~~8 i i Alternate. Fields #1 & #2 '$157,827 $156,890 i $140,000 "'-$165:666-'1$150,1671 Other Alternates: I Lighting Controls (Fields #1, #2 & #7) I $11 ,837 :_~!~~~~}_.._.L.__~_~gcQg_q.__I._J}_9.2~7Q__J, [~=====~~~~~~~~~g~._~~~~~~~~~!J:.::~.~~~__?T____.__.__~~~~g_ $350q_._..,.._....___~!.~?~. _'._j I Controls for All Existing F' . $12,4 16,280 19.~Q.q_q__._112,520 1===~~:_~-!~i.;~~1~J~~[~~I.:.;~~~~;.:l!i~i._ i~~ ~~~_~____:..:::,$~:f1~:=::: : Bid Bond 5% 5% 5%' 5% NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that: 1. The recitals set forth above are incorporated herein. 2. The Council finds that it is within its discretion to accept the Kline bid based upon the circumstances described in Staff Report 8D dated March 18, 2002. 3. Bid is hereby awarded to Kline Electric for lighting of Field #7 at Ponds Park in an amount not to exceed $154,000. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 4. The Mayor and City Manager are authorized to execute all necessary documents on behalf of the City to effectuate this purchase. 5. The following allocations are authorized for this purchase: $154,000 from the Capital Park Fund which includes the $59,000 PLAY contribution. PASSED AND ADOPTED THIS 18TH DAY OF MARCH, 2002. . Haugen\ Haugen Gundlach Gundlach Petersen Petersen Zieska Zieska YES NO City Manager, City of Prior Lake R:\RESOLUTI\ADMINRES\field lighting - 7only.oOC RESOLUTION SOLUTION AWARDING BID FOR THE PURCHASE AND INSTALLATION ATHLETIC FIELD LIGHTING AT PONDS PARK FOR FIELDS #1, #2 AND #7 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO EFFECTUATE THIS PURCHASE. Motion By: Second By: WHEREAS, the 2002 Capital Improvement Program identifies $75,000 from the Capital Park Fund to light Field #7 in Ponds Park; and WHEREAS, the City has received a contribution of $75,000 from Prior Lake Athletics for Youth (P.L.A.Y.), $59,000 of which is dedicated to field lighting; and WHEREAS, the City Council approved plans and specifications and authorized solicitation of bids on January 22, 2002; and WHEREAS, in accordance with public notice and as provided by the Uniform Municipal Contracting Law, bids were opened on Monday, February 25, 2002; and WHEREAS, the bids were received and tabulated as follows: -.........p..-....-...........-..........--...-.-..------..................._.._.._-_._.._._.................._.........._..~-_....._........._..........-....-....-.............-............................... . . .....--.......-........-...,......--.-.........-.--.............-.......--.......................----..--..-...... . . . Other Alternates: ! Lighting Controls (Fields#1,#2&#7) ! $11,837 I $14,431 ! $10,000 ! $10,470 $11,000 I 1::.~~:~~:._~,~_-.~..~~~~~~~~!._~~~?~~~_~~~n.~~_.L:::#3T?_?_-=:~I=-.::J~~~9~~:~:L=~~~?9.Q_~:~.---~I~~(:m.m__$~3.QQ..] I Controls for All Existing Fields I $12,457 ! $16,280 I $10,000 ; $12,520 ! $12,000 i r=~:~~:.~~=~:,__~~~5.:~:~~S~~ht~!:~~~~~~~I___.~?~~I:_-:I~=~~~~9.:~~I:.:::~~~H?Q:.]=.:.~1?~9~~:=_.:.I=..~lq~~:~:':..:.J I Transformer Panel! Recepticle! $3547 I $3680 i $3500 ! $2740 ! $2100 [ C~j~~!E;i1jL~..._-.~=:==-....-.=.===~~~~=..:::::J:~_.__..~!o~=_-.~=I_..~==..~~t~-.::~.=:I.:.......~~==:=],.~....:......:~~_..=--='r:..~:':~];=-:'=-J NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that: 1. The recitals set forth above are incorporated herein. 2. The Council finds that it is within its discretion to accept the Kline bid based upon the circumstances described in Staff Report 8D dated March 18, 2002. 3. Bid is hereby awarded to Kline Electric for lighting of Field #1, #2 and #7 at Ponds Park in an amount not to exceed $294,000. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 4. The Mayor and City Manager are authorized to execute all necessary documents on behalf of the City to effectuate this purchase. 5. The following allocations are authorized for this purchase: $294,000 from the Capital Park Fund which includes the $59,000 PLAY contribution. PASSED AND ADOPTED THIS 18TH DAY OF MARCH, 2002. \ Haugen' Haugen Gundlach Gundlach Petersen Petersen Zieska Zieska YES NO City Manager, City of Prior Lake R:\RESOLUTI\ADMINRES\field lighting - all.DOC