Port of Grays Harbor

Special Commission Meeting

January 24, 2018

The Port of Grays Harbor Special Commission Meeting on January 24, 2018 was called to order at 9:01 a.m.

Mike Johnson, Contract and Project Manager led the meeting in the Pledge of Allegiance.

Those in attendance at the meeting were as follows:

COMMISSION AND STAFF

Chuck Caldwell - Commissioner
Stan Pinnick - Commissioner
Jack Thompson - Commissioner
Arthur Blauvelt - Legal Counsel
Gary Nelson - Executive Director
Mary Nelson - Director of Finance & Administration
Leonard Barnes - Deputy Executive Director
Randy Lewis - Director of Environmental and Engineering Services
Mike Johnson - Contract and Project Manager
Seth Taylor - Marine Terminals Manager
Alissa Shay - Manager of Business Development
Molly Bold - Westport Business Manager
Keya Bernhardt - Communication and Administration Coordinator
Kayla Dunlap - Public Relations Manager

VISITORS
Charlie Quigg - Quigg Brothers, Inc.

Items discussed are as follows:

REPORTS:
Presentation to Port Commission on Bid Results on Port of Grays Harbor Contract 1836

a) Bid Results: Mike Johnson, Contract and Project Manager reported on upgrades to the 28th Street Boat Launch which are needed to keep the facility available and safe for public use. On January 3, 2017, seven bids were received with Neptune Marine LLC submitting the low bid. On January 9, 2018 the commission approved a Motion to authorize the Executive Director, pursuant to Article IV, Section 3, of the Delegation of Authority to determine the award of Contract No. 1836, 28th Street Boat Launch Improvements Phase II upon completion of the bid review process.

Because the Port received the notices of intention to protest bids that raised issues with the bid results, the Executive Director was no longer authorized to informally poll the Commissioners and issue the Notice of Intent to Award. The matter had to be returned to the Commission for action.

b) Receipt of Notices of Intention to Protest Bid: Art Blauvelt, General Counsel reported on Contract No. 1836 Bid Protests. After the bids for Contract No. 1836 were received and opened, the Port received a letter dated January 9, 2018, from Rognlin’s, Inc. The letter was labeled as a Notice of Intent to Protest Bid. The letter asserted that the bid submitted by Neptune Marine, LLC should be rejected by the Port because the Neptune bid listed a subcontractor that could be any of several electrical contractors with “Star Electric” in its name. The letter asserted that the failure to list the full name creates an unfair advantage for Neptune Marine, LLC.

On January 11, 2018, the Port requested that Neptune supply the Uniform Business Identifier (UBI) number or the Labor and Industries contractor number for each subcontractor listed on Neptune’s bid. A response from Neptune was received on January 12, 2018, identifying the electrical contractor.

On January 11, 2018, the Port received a letter from Quigg Bros. Inc. The letter was labeled as a Notice of Intent to Protest Bid. The letter asserted that the bids submitted by Neptune Marine, LLC and Rognlin’s should be rejected by the Port because neither bid listed a plumbing contractor as a subcontractor. The letter asserted that the failure to list a plumbing contractor was a violation of RCW 39.30.060. That statute requires that bidders on public works projects expected to be more than $1,000,000 must identify any plumbing contractor (and others) to be used on the project. In addition, Quigg Bros. asserted that Neptune’s bid should be rejected by the Port for the same reason asserted by Rognlin’s.

In reviewing the bids, the Port staff also found that Quigg Bros. had misspelled the name of its electrical contractor.

Following the receipt of the letter from Quigg Bros., the Port staff made contact with the design engineers on the project, BergerABAM, regarding whether the project required a licensed plumber to perform the work described in the plans. The opinion from BergerABAM was that the installation of the potable water line under the foundation of the restroom and up through the floor to be stubbed in does require a licensed plumber.

A review of the bid documents and the bid results indicate that there may have been some confusion among the bidders as to whether a plumbing contractor was required. Of the seven bidders responding, three listed plumbers and four did not list plumbers.

The Port Commission has wide discretion in exercising its authority with regard to the issues raised by the protests of Rognlin’s and Quigg. The Port Commission has the authority under Washington law and under the bid documents to waive irregularities in a bid, to reject a bid because of an irregularity, or the Commission can reject all bids and re-advertise the project.

ACTION/RESOLUTION ITEMS:
Action Item No. 1
Mike Johnson requested authorization to Reject Bids on Contract No. 1836, 28th Street Boat Launch Improvements Phase II.

After review of all bids and bid protests received, staff determined the bid documents may not have been clear for bidders to submit a responsive bid. Other errors with bids submitted, adds to the problem of determining a responsive bid. Therefore staff recommends rejection of all bids for Contract No. 1836 under RCW 53.08.130.

Motion to reject bids on contract No, 1836, 28th Street Boat Launch Improvements Phase II was made by Commissioner Pinnick and seconded by Commissioner Thompson. Motion passed with a vote of 3-0.

Action Item No. 2
Mike Johnson requested authorization to Call for Bids on Contract No. 1934 - 28th Street Boat Launch Improvements – Phase II

Corrections have been made to the bid documents for this project and hopefully will provide bidder clarification for bid submittal. The recommendation is for the Commission to provide Authorization to Call for Bids on Contract No. 1934 - 28th Street Boat Launch Improvements – Phase II.

Motion to Call for Bids on Contract No. 1934 - 28th Street Boat Launch Improvements – Phase II was made by Commissioner Pinnick and seconded by Commissioner Thomson. Motion passed with a vote of 3-0.

The Special Meeting adjourned at 9:16 a.m.