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V 'The Electrical Solution". <br /> DESIGN • CONSTRUCTION • SERVICE • PREVEN-IVE MAINTENANCE ` TRANSPORTATION <br /> FIRE/SECURITY SYSTEMS • ENERGY MANAGEMENT • TELECOMMUNICATIONS <br /> April 4,2016 Official Protest Letter <br /> Grace Kane <br /> City of Everett <br /> RE: 41' St. to West Marine View Drive Freight Corridor Improvements—Protest Letter <br /> Grace, <br /> This letter is a supplement to the meeting on March 22nd, 2016, about the math error in the total <br /> price on our bid sheet that lead to the decision that our DBE goal was not met. It is formally <br /> protesting the intent to award the 41" Street to West Marine View Drive Freight Corridor <br /> Improvements project to MarshBank Construction. When the job was first posted,we set up a <br /> spreadsheet that included all of the bid items and quantities,Two addendurns subsequently carne out <br /> after this, and were added to the spreadsheet. However, despite adding these two bid items, we <br /> failed to make sure the"Total"cell included these four extra items. This original mistaken total was <br /> used to calculate the amount of DBE participation needed. Two of the addendum bid items,#66 <br /> Structure Excavation Class B Inel Haul and 1167 Shoring or Extra Excavation Class B,were named <br /> on our DBE Utilization Certificate as to be performed by our DBE subcontractor. Due to the <br /> calculation error,these items did not get included in the DBE goal total amount. We believe that <br /> since the total amounts for the four addendum items are to be added to our final price,these two <br /> items should be added to our DBE amount as well. <br /> As a contractor,we strive to meet the DBE goals set for the project, however, we must still protect <br /> ourselves as well as the owner. DMA's quote(attached) for all items of work preforming was <br /> X535,715.00, which we could have listed 95% of this amount toward the goals on this project On <br /> this project a large amount of the bid items being performed by the DBE subcontractors are based <br /> on unit prices and not lump sums. This makes it difficult to list the DBE subcontractors for the <br /> dollar value of 100%completion of this work, Should the owner delete a portion of their scope, we <br /> may,as well as the owner, be on the hook to pay them even though the work was not performed. <br /> The City added items#64 through #67 that our spread sheet failed to add, and revised the total of <br /> our bid. This threw off the Disadvantage Business Enterprise Utilization Certificate percentage, <br /> which was based off the goal of 14% of our original total. We believe if you can change the total of <br /> The bid it would only be appropriate to change the total of the DIE sheets to reflect the items added. <br /> We believe the Special Provisions on page 53 (SP-53,attached) note(e) under the heading <br /> Procedures between Award and Execution supports this being done. It states"Total amounts shown <br /> for each DISE shall not be less than the amount shown on the Disadvantaged Business Enterprise <br /> Utilization Certification.A breakdown that does not conform to the Disadvantaged Business <br /> Enterprise Utilization Certification or that demonstrates a lesser amount of DBE participation than <br /> that included in the Disadvantaged Business Enterprise Utilization Certification will be returned for <br /> Corporate Headquarters <br /> V8JIey Elactno,Mc 1100 Merrill Creek Parkway•Everett,WA 98203 Wenatchee Satellite <br /> VALLEEC141NA Phone(425)407-0832•Fax:425)407-0578 Phone:(509)582-1778 <br /> www.velectric.ocm Fax:(509)662-8835 <br />