2016/04/06 Council Agenda Packet

Sharon Fuller From: Debra Bryant Sent: Wednesday, April 06, 2016 9:56 AM To: Sharon Fuller Subject: FW: City Council Agenda Item 10; Award the contract bid for the 41st to W. Marine View Drive Corridor project to Marshbank Construction Attachments: Valley Protest Letter 4.4.16 Reduced.pdf;Valley Electric Protest Response 4 5 16 Final.pdf From: Ryan Sass Sent: Tuesday, April 05, 2016 5:24 PM To: Brenda Stonecipher; Cassie Franklin; Jeffrey Moore; Judy Tuohy; Paul Roberts; Scott Bader; Scott Murphy; Deb Williams; Christina Wiersma Cc: Mayor Stephanson; Debra Bryant; Dave Davis Subject: City Council Agenda Item 10; Award the contract bid for the 41st to W. Marine View Drive Corridor project to Marshbank Construction Councilmembers, Item #10 on the agenda for tomorrow night is the bid award to Marshbank Construction for the Freight Mobility Project. Marshbank is the second low bidder. The low bidder was Valley Electric, WSDOT determined that Valley's bid was non-responsive and must be rejected, because it contained errors affecting the Disadvantaged Business Enterprise (DBE) Certification. The project has a condition of award requirement that 14% of the work to be done by a DBE contractor. Valley Electric's bid total as submitted was added incorrectly. Once the total is corrected by correctly adding their bid items, their bid total increased resulting in their DBE participation falling below the required 14% minimum. Since the project is federally-funded, WSDOT must concur with and approve any award. WSDOT will not allow an award to Valley Electric because of the error. City Public Works and Legal staff have independently reviewed the bid and the protest and fully concur with the WSDOT determination. . Because of this, Public Works recommends that Council reject Valley's bid protest, reject Valley's bid, and award to Marshbank, the second low bidder. Another option could be to reject all bids and rebid, but Public Works does not recommend that approach because (1) rejecting all bids would also require WSDOT approval, which might not be forthcoming; (2) the re-bid would cause the timing of the bid to hit the street in summer, which usually means higher bids and a more expensive project; and (3) delaying award until summer will make the construction season tight and likely result in having the construction project extend into winter with weather suspensions likely, and (4) there is no flaw in our plans and specifications that contributed to the contractor's simple error in adding up their bid total.. Finally, the Action Item will have to be revised to read as follows: Reject the Protest from Valley Electric, Reject the Bid from Valley Electric as Non-Responsive, and Award the contract bid for the 41st Street to West Marine View Drive Corridor Improvements Project to Marshbank Construction of Lake Stevens, Washington, in the amount of$2,758,753, including Washington State sales tax. Ryan 1