2016/04/06 Council Agenda Packet

PUBLIC WORKS 05 April 2016 Alan Guthmiller Valley Electric, Inc. 1100 Merrill Creek Parkway Everett, WA 98203 Re: Protest re: Bid Award for 41st to W Marine View Drive Corridor Improvements Dear Mr. Gutbmiller: The City received Valley's protest letter dated April 4,2016. Public Works and Legal staff have reviewed the protest letter and have consulted with WSDOT. The purpose of this letter is to inform Valley that City staff will recommend tomorrow night at the City Council meeting that City Council reject Valley's protest and bid. WSDOT Review &Determination WSDOT has reviewed Valley's protest letter and Valley's bid. WSDOT has determined that Valley's bid is non-responsive and must be rejected. We understand that Valley has had discussions with WSDOT on this matter. In light of the WSDOT determination,we believe that the City must reject Valley's bid. This project is federally funded and therefore the city must have WSDOT concurrence to award the project. City Review and Concurrence with WSDOT Determination City Public Works and Legal staff also independently examined Valley's protest letter and the Valley bid. Based on this examination, we believe that the WSDOT determination is correct. Even if WSDOT were not involved, City staff would still recommend rejection of the Valley bid. The facts and reasoning for this are as follows: 1. Valley's Bid Proposal Error. The Valley bid proposal form contained an addition error. Apparently Valley did not include the extensions for bid items 64 to 67 in Valley's total bid amount. As required under Section 1-03.1 of the WSDOT Standard Specifications,the City corrected Valley's total bid amount by correcting the addition error and thereby correcting the total from$2,629,785.74 to $2,667,453.84. CITY OF EVERETT • 3200 Cedar Street • Everett, WA 98201 • (425)257-8800 • Fax(425)257-8882