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HomeMy WebLinkAbout2013.05.13 Council Special Meeting PacketAGENDA PASCO CITY COUNCIL Special Meeting 7:00 p.m. May 13, 2013 11 CALL TO ORDER 2. ROLL CALL (a) Pledge of Allegiance. 3. BUSINESS ITEMS (a) Powerline Road Improvements Project No. C5- ST- 3A- 12 -52: 1. Agenda Report from Mike Pawlak, City Engineer dated May 8, 2013. 2. Vicinity Map. 3. Bid Summary. 4. Bid Award Protest from Inland Asphalt Company. 5. City of Pasco Response Letter. MOTION: I move to award the low bid for the Powerline Road Improvements Project to Big D's Construction of Tri- Cities, Inc., in the amount of $917,622.60 and, further, authorize the Mayor to sign the contract documents. 4. ADJOURNMENT AGENDA REPORT NO, 15 FOR: City Council TO: Gary Crutch anager Ahmad Qayo u Works Director FROM: Michael A. Pawlak, City Engineer / SUBJECT: Bid Award: Powerline Road Improvements Project #C5- ST- 3A -12 -52 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary 3. Bid Award Protest from Inland Asphalt Company 4. City of Pasco Response Letter May 8, 2013 Special Mtg.: 5/13/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 05113: MOTION: I move to award the low bid for the Powerline Road Improvements Project to Big D's Construction of Tri- Cities, hic. in the amount of $917,622.60, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Construction Budget - $800,000 (Will require a supplemental budget transfer of $100,000 in Traffic Impact Fees and $100,000 in Arterial Street Funds prior to the close of CY2013). IV. HISTORY AND FACTS BRIEF: A) This project involves the installation of a 28' wide core road, with curb and gutter on the south side from the intersection of Broadmoor Boulevard to Road 68. B) The project was advertised on April 14, 2013, and March 21, 2013, with a bid opening on May 1, 2013. V. DISCUSSION: A) Powerline Road is anticipated to be a major arterial roadway serving current development to the south as well as potential future development to the north. It is also expected to help diffuse traffic on Road 68 by providing an alternate route for many residents. This project will build a half roadway, with the other half to be constructed in the future as development occurs. B) On May 1, 2013, the City received nine (9) bids for the project. The low bid was received from Big D's Construction of Tri- Cities, Inc. in the amount of $917,622.60. The second lowest bid was received from Inland Asphalt Company in the amount of $946,973.14. The Engineer's Estimate is $1,451,310. C) On May 3, 2013, the City received a Notice of Protest from Inland Asphalt Company (Second Low Bidder) challenging the award of the bid to Big D's Construction of Tri- Cities on the basis that the Low Bidder failed to list an Electrical Subcontractor in their bid, in accordance with RCW 39.30.060. Inland Asphalt claimed that an electrical subcontractor is required by RCW to install the spare conduit, under the road, for use with future street lights. City staff responded to this very question during the bidding period and clarified that the conduit did not have to be installed by an electrical subcontractor. Engineering staff and the City Attorney's Office reviewed the protest and on May 7, 2013, advised Inland Asphalt that an electrical subcontractor is not required for the installation of the conduit on this project, per RCW 19.28.091(2)(a). The City's response further advised that the City intended to award and execute a contract with Big D's Construction of Tri- Cities. D) Staff recommends award of the contract to Big D's Construction of Tri- Cities, Inc. 3(a) City of Pasco Powerline Road Improvements Project No. C5- ST- 3A -12 -52 May 1, 2013 BID SUMMARY Engineers Estimate $1,451,310.00 Big D's Construction $917,622.60 Inland Asphalt Company $946,973.14 Granite, Inc. $1,0615000.00 Culbert Construction $1,061,908.20 Ray Poland & Sons $19082,751.92 Tapani, Inc. $106,895.08 Apollo, Inc. $1,098,218.80 Rotschy, Inc. $1,112,572.69 Watts Construction $151485816.54 Inland Asphalt Company SINCE 1934 An Equal Opportunity Employer _ CONTRACTOR REGISTRATION# INLANAC9840K May 2, 2013 Mr. Michael A. Pawlak, P.E. City of Pasco P.O. Box 293 Pasco, WA 99301 RE: Powerline Road Improvements NOTICE OF PROTEST Dear Mr. Pawlak: Inland Asphalt Company (IAC) formally protests the award of the above - mentioned contract to the apparent low bidder Big D's Construction for failure to comply with RCW 39.30.060 and the requirements of your subcontractor listing form as contained in the bid documents. According to RCW 39.30.060, all prime contractors must list "the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW. Your contract documents required the installation of conduit pipe to be used by a future street light circuit. This conduit pipe must be inspected by Labor & Industries and be installed by a licensed electrician even though wiring or electrical current is not connected during the project. IAC understood these requirements by listing an electrical contractor on your subcontractor document. RCW 39.30.060 further states that "Failure of the prime contract bidder to submit the names of such subcontractors shall render the prime contract bidder's bid nonresponsive and, therefore void." Your prompt attention to these matters would be greatly appreciated. I can be contacted directly at 509- 430 -2106 if any further information is needed. Sincerely, Doug Migas -7 General Manager Richland: 955 W. Lacey • Richland, WA 99352 • (509) 943 -0674 • Fax: (509) 943 -9979 Spokane: 802 N. Fancher Road, Spokane Valley, WA 99212 9 P.O. Box 3366, Spokane Valley, WA 99220 (509) 534 -2657 • Fax: (509) 534 -9787 PUBLIC WORKS / ENGINEERING DIVISION P.O. Box 293 (525 North 3 Avenue) Pasco, Washington May 7, 2013 Mr. Doug Migas General Manager Inland Asphalt Company 955 W. Lacey Richland, WA 99352 RE: Powerline Road Improvements Project NOTICE OF INTENT TO EXECUTE Dear Mr. Migas: 545 -3444 / FAX (509) 543 -5728 / www.pasco- wa.gov Please consider this our notice of intent to execute a contract with the low bidder, Big D's Construction of Tri- Cities, for the Powerline Road Improvements. The Pasco City Council will consider this matter at a Special Meeting on May 13, 2013, at 7:OOPM. After carefully considering your protest we have determined that an electrical contractor is not necessary for this project, and therefore, the low bid is not void pursuant to RCW 39.30.060. Under RCW 19.28.091(2)(a) an electrical contractor is not required for the installation of "equipment used in the lighting of streets ". Additionally, allowing a general contractor to install the conduit is consistent with the City's past practice, the practice of other agencies, and the clarification that was provided in Addendum #2 issued April 29, 2013. Thank you for submitting a bid for this project. Please let me know if you have additional questions or concerns. Sincerely, Michael A. Pawlak, PE City Engineer Cc: Ahmad Qayoumi, PE, Public Works Director Duane Howard, Big D's Construction of Tri-Cities