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City Council Minutes—August 9, 2010
At 7:30 p.m. Mayor Maxwell called the advertised Anacortes City Council meeting of August 9, 2010 to
order, continued from August 2, 2010. The Mayor announced one additional agenda item: Flounder Bay
Dredging Project Supplemental Noise Variance. Roll call found present: Kevin McKeown, Nick Petrish,
Erica Pickett, Brad Adams, Bill Turner and Cynthia Richardson. Brian Geer was absent.
Contract Award: Pump Station 13
Public Works Director Fred Buckenmeyer requested Council approval of a contract award for
improvements to Pump Station 13 in the Skyline area. Mr. Buckenmeyer reported that bids were opened
August 3, 2010 from six bidders with the low bid from Razz Construction, Inc. for$155,808. He said the
bids ranged up to $225,597 as set forth in the Council packet and the Engineer's Estimate was$197,800.
Mr. Buckenmeyer advised that the Council Packet also included a proposed resolution prepared by legal
counsel at Foster Pepper to waive immaterial irregularities in the bid and accept the low bid from Razz
Construction. Mr. Buckenmeyer explained that four addenda were issued to the bid documents and
bidders were to signify that they had received those addenda and attach copies of each addendum to
their bids. However, three of the six bidders did not attach the addenda though all bidders signified that
they had received them. The City's legal counsel advised that particular irregularity could be deemed
immaterial and waived and the bid awarded to the low bidder. Mr. Buckenmeyer advised that the City also
received a letter late this date from the second low bidder, SRV Construction, Inc., who would be the
lowest responsive bid if the irregularity was not waived. He said legal counsel was made aware of SRV's
letter but maintained that the proposed resolution was still appropriate. Mr. Buckenmeyer concluded that
staff recommended adopting the resolution to waive the immaterial bid irregularities and award the
contract to Razz Construction. Mrs. Pickett asked if legal counsel maintained its position in light of the
other allegations in SRV's letter. Mr. Buckenmeyer said yes. Mr. McKeown asked for more details. Mayor
Maxwell replied that the bids do not have to be read aloud unless a bidder requests it at the bid opening.
Mrs. Richardson moved, seconded by Mrs. Pickett, to adopt Resolution 1807 and award the contract to
Razz Construction for$155,808. Mrs. Richardson elaborated that she agreed that it is preferable to read
all the bids at the opening and then consider responsiveness but said this particular irregularity can be
waived as SRV acknowledged in its letter and that not reading the bids aloud did not invalidate this bid.
Mayor Maxwell reminded that all the bids are published. Mr. Adams asked for clarification of the bid
opening process. Mr. Buckenmeyer explained that the bids were opened in public. Mayor Maxwell
reiterated that legal counsel advised that the proposed resolution was appropriate. Mr. McKeown noted
that SRV's letter stated it had asked at the bid opening to review the proposal documents but the request
was denied. Mr. Buckenmeyer explained that at any bid opening the numbers are always checked by
staff for arithmetic errors before being made public. Vote: Ayes— Petrish, Pickett, Turner and Richardson.
Nays—Adams, McKeown. Motion carried.
Flounder Bay Dredging Project—Supplemental Noise Variance
Mr. Buckenmeyer announced that dredging contractor Pacific Pile and Marine had just requested a
supplemental noise variance in addition to the variance granted in April, 2010 for five 24-hour work
windows. Pacific Pile and Marine asked to work until 3:00 a.m. Monday through Friday this week in order
to work around extremely low tides, cause less inconvenience to boaters and construction crews and help
make up time on the project schedule. He said staff, dredging consultant Rob Webb and the Dredging
Advisory Committee all recommended approval of the variance request. Mr. McKeown moved, seconded
by Mr. Turner, to grant the requested variance. Mr. Turner observed that the variance will help the project
to move as quickly and efficiently as possible and said the night work is not very loud but requested that
Mr. Buckenmeyer ask the contractor to try to establish and communicate a schedule for boat moving.
Mayor Maxwell observed that permit issues have affected the project and appreciated everyone's
patience, stating that it will finish this year. Mrs. Richardson suggested advising the neighborhood via
email of the potential noise in the evening. Mr. Buckenmeyer agreed. Vote: Ayes— Pickett, Adams,
Turner, Richardson, McKeown and Petrish. Motion carried.
There being no further business, at approximately 7:48 p.m. Mayor Maxwell adjourned the continued
Anacortes City Council meeting of August 9, 2010.
Anacortes City Council Minutes August 9, 2010 1