009-18 - Resolution - Contract with JMG Constructors, LLC for Well No. 9 Water Quality Retrofit Project-ConstructionRESOLUTION NO. 009-18
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
CONTRACT NO. C015-18 WITH JMG CONSTRUCTORS, LLC FOR THE WELL NO. 9
WATER QUALITY RETROFIT PROJECT
DOCUMENTING THE PROCUREMENT PROCEDURES.
CONSTRUCTION PHASE AND
WHEREAS, on January 19, 2018 and January 26, 2018, upon receiving approval from the
Washington State Department of Health, 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, with a February 16, 2018 Bid Due
Date; and
WHEREAS, via Addendum #3 and #4, given the abundance of last minute Requests for
Information (RFI's), the published Bid Due Date was first extended from February 16, 2018 to
February 23, 2018 and then to March 2, 2018; and
WHEREAS, on March 2, 2018 by the 2:00 PM Bid deadline, the City Clerk received and
opened twelve (12) Sealed Bids, with Gary Harper Construction, Inc. determined initially to be
the apparent responsive Low Bid; and
WHEREAS, on March 6, 2018, given that the Bid Opening results for a similar project
(McCormick Village Park - Phase 2) that also opened on March 2, 2018 was protested, based
upon the value of the Bids being in excess of $1M and that the City's Contract Documents did
not specifically request a 'Subcontractor List' pursuant to RCW 39.30.060), the City's Public
Works Department provided a 'Notice of Rejection of All Bids' for the Well No. 9 Water Quality
Retrofit Project 1) on the City's Webpage, 2) on the Washington Builder's Exchange and 3) to
the listed Plan Holders; and
WHEREAS, on March 7, 2018, the City did receive a Bid Rejection Protest letter by
Award Construction, Inc., which was subsequently reviewed by the City Attorney and MRSC,
and responded to on March 8,2018 with a denial; and
WHEREAS, on March 16, 2018, the City's Public Works Department again 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, with a March 30, 2018,
1:00 pm Bid Due Date, whereby JMG Constructors, LLC was determined to be the apparent low
responsive bidder; and
WHEREAS, on April 4, 2018, upon completion of the Public Works Department MRSC
Mandatory Bidder Responsibility Checklist, it was determined that JMG Constructors, LLC
provided the lowest responsive and qualified Bid Proposal for the Well No. 9 Water Quality
Retrofit Project; and
Resolution No. 009-18
Page 2 of 2
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. 015-18 with JMG Constructors, LLC for
the Well No. 9 Water Quality Retrofit 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 10th day of April 2018.
Robert Putaansuu, Mayor
ATTEST:1 i SEAL j 1
Brandy Rinearson, MMC, City Clerk