025-17 - Resolution - Contract with Active Construction, Inc. for the Tremont Street Widening ProjectRESOLUTION NO. 025-17
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
CONTRACT NO. C037-17 WITH ACTIVE CONSTRUCTION, INC. FOR THE 2017-
2018 TREMONT STREET WIDENING PROJECT - CONSTRUCTION PHASE AND
DOCUMENTING THE PROCUREMENT PROCEDURES.
WHEREAS, on May 5 and May 12, 2017, upon receiving approval from both the
Washington State Department of Transportation and the Washington State Transportation
Improvement Board, the City's Public Works Department Advertised in the Port Orchard
Independent, the City's Webpage, the Daily Journal of Commerce and uploaded the Bid
Documents to the Washington Builder's Exchange; and
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WHEREAS, on June 6, 2017 by the 11:00 AM bid deadline, the City Clerk received seven
(7) Sealed Bids; and
WHEREAS, due to the untimely issuance of Addendum No. 6 which provided a new line
in which to write the acknowledgement of Addendum No. 5 and upon consultation with
WSDOT HQ. prior to opening the Sealed Bids, the City's Public Works Director 1) announced that
pursuant to WSDOT Standard Specification 1-02.13-2A (e), acknowledgement of Addenda No. 6
within the Sealed Bids is not be required, 2) confirmed with the seven (7) Contractors in the
audience that all Sealed Bids received did acknowledge as required Addenda No. 1 through 5
and 3) confirmed with the seven (7) Contractors in the audience that there were no objections
to the removal of Addendum No. 6; and
WHEREAS, confirming that there were no objections made and that there were no
challenges to the Public Opening process, the seven (7) Sealed Bids were opened and read
aloud, whereby Scarsella Bros. Inc. provided the lowest qualified Proposal for the 2017-2018
Tremont Street Widening Project - Construction Phase at Bid Opening; and
WHEREAS, a Sealed Bid from JR Hayes Corporation was received at 11:27 AM and was
determine non-responsive, but still opened to confirm that it was not the low Bid; and
WHEREAS, as required by WSDOT, the City's Public Works Department and CACM Team
prepared a Bid Tabulation and a Bid Evaluation, in which the Scarsella Bros. Inc. Bid was
determined to be non-responsive; and
WHEREAS, upon further review and confirmation from both the Washington State
Department of Transportation (WSDOT) and the Washington State Transportation
Improvement Board (TIB), it was determined that the lowest qualified and responsive Bid
provided by Active Construction, Inc. was acceptable and that the Public Works Department
could proceed with Contract Award; and
Resolution No. 025-17
Page 2 of 4
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their selection/procurement process as described above
for this particular contract by resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City Council approves Contract No. 037-17 with Active Construction, Inc.,
hereby attached as Exhibit A, for the 2017-2018 Tremont Street Widening Project -
Construction Phase and adopts the "Whereas" statements contained herein, as findings
in support of the City's selection and procurement procedures.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 27th day of June, 2017.
Zi_
Robert Putaansuu, Mayor
I i'SEAL jj
ATTEST:
randy Rinearson, CMC, City Clerk
Local Agency Contract
THIS AGREEMENT, made and entered into this 27th day of July. 2017. between the City of
Port Orchard, a municipality incorporated and existing under the laws of the State of Washington, by its
City Council and Mayor, herein called “City”, and Active Construction, Inc., (ACI), under and by virtue
of Title 47 RCW, as amended and hereinafter called the “Contractor.”
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of
this agreement, the parties hereto covenant and agree as follows:
I. The Contractor shall do all work and furnish all tools, materials, and equipment for:
TREMONT STREET WIDENING PROJECT - SR 16 TO PORT ORCHARD BOULEVARD
FEDERAL AID NUMBERS; STPUS-6610(004)
PROJECT NO. LA 5855
in accordance with and as described in the attached plans and specifications, and the standard
specifications of the which are by this reference incorporated herein and made part hereof and, shall perform
any changes in the work in accord with the Contract Documents.
The Contractor shall provide and bear the expense of all equipment, work and labor, of any sort
whatsoever that may be required for the transfer of materials and for constructing and completing the work
provided for in these Contract Documents except those items mentioned therein to be furnished by .
The City does hereby promises and agrees with the Contractor to employ, and does employ
the Contractor to provide the materials and to do and cause to be done the above described work and to
complete and finish the same in accord with the attached plans and specifications and the terms and
conditions herein contained and hereby contracts to pay for the same according to the attached specifications
and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided
for in this contract.
II.
Tremont Street Widening
SR 16 to Port Orchard Boulevard
Local Agency Contract
April 201745
III. The Contractor for himself/herself, and for his/her heirs, executors,
administrators, successors, and assigns, does hereby agree to full performance of all
convenants required of the Contractor in the contract.
IV. It is further provided that no liability shall attach to the State by
reason of entering into this contract, except as provided herein.
IN WITNESS WHEREOF, the Contractor has executed this instrument, on the
day and year first below written and has caused this instrument to be executed by and in
the name of the day and year first above written.
ZO\l12**Executed by the Contractor
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TiaOid CpcmtJr'i Tresi:P •
SEAL io;o:4
(Contractor)....;oV■Ish moy.-
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Local Agency:
By:
L» 12£l / i~i ____
Title:
Date:
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5 i SEALJ II
DOT Form 272-006A EF
07/2011
Tremont Street Widening
SR 16 to Port Orchard Boulevard
Local Agency Contract
April 201746