Agenda Item - 2024-03-19 - Number 6.4 - WO 323, Contract Award for the Daniel Way Channel Stabilization Project 6.4
F °� COUNCIL REPORT
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OREGO\-\
Subject: Award a Public Improvement Contract for the construction of Work Order 323
Daniel Way Channel Stabilization Project.
Meeting Date: March 19, 2024 Staff Member:
Stefan Broadus, Director of Special Projects
Report Date: March 8, 2024 Javier Moncada, Senior Associate Engineer
Department: Public Works - Engineering
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑ Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑X Consent Agenda
Staff Recommendation: Award a Public Improvement Contract
Recommended Language for Motion: Move to Authorize the City Manager to Sign a Public
Improvement Contract with Daybreak Construction Inc. in the amount of$534,000 for the
construction of Work Order 323, Daniel Way Channel Stabilization Project.
Project/ Issue Relates To: Adopted Capital Improvement Plan (CIP) project
Issue before Council (Highlight Policy Question):
❑X Council Goals/Priorities ❑X Adopted Master Plan(s) ❑Not Applicable
Respect. Excellence. Trust. Servi e.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
BACKGROUND
Three Sisters Creek flows parallel to Daniel Way, between Carman Drive and Kruse Way. As the
area developed in the 1980s—90s, the creek was relocated and straightened to make the land
more useful for development.
Over the past decade or so, sections of the stream channel have eroded and have become
choked with non-native vegetation. As a result, the stream has begun undermining a portion of
the easterly curb and road edge of Daniel Way. Additionally, the debris buildup from the
vegetation has caused the creek to flood over its banks, washing tons of gravel and debris into
Daniel Way and down into the Yakima Products parking lot.
In an effort to protect the road and reduce future flooding events, the goal of this project is to
construct stream channel and roadside stabilization measures. In addition to protecting the
roadway, stabilizing the stream channel will reduce the sediment loading into Springbrook
Creek and the removal of non-native vegetation will enhance the natural habitat along this
segment of the stream.
Some of the proposed work is within the public right of way, but much of it lies within private
property of the three adjacent parcels. In order to perform the proposed work, easements
were coordinated and obtained with these three property owners.
DISCUSSION
The history of major milestones is as follows:
• On December 10 and 13, 2021, the Engineering Division advertised a Request for
Proposals (RFP) for engineering design and permitting services.
• On March 17, 2022, a contract was awarded to Murraysmith (now Consor).
• During the summer of 2022, coordination of the private property easements begins.
• Project design was completed in spring of 2023 and the construction project advertised
for bids on March 22, 2023.
• On April 25, 2023, two sealed bids were opened. The low bid was $524,000.
• On May 23, 2023, Contract Award was cancelled due to outstanding easements and
environmental permits.
• In October 2023, the final required easements were executed.
• Project Permits were finalized in December of 2023 and the construction project
advertised for bids on January 31, 2024.
• On February 29, 2024, the following bids were received:
Respect, Excel'ence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 3
Rank Contractor Bid Bid Points GFE Points Total Points
1 Daybreak Construction $534,000.00 90.0 10 100
2 Moore Excavation Inc $584,820.00 82.2 6 88.2
3 JQ Construction $678,979.84 70.8 10 80.8
4 Pacific Excavation $787,000.00 61.1 6 67.1
N/A Swofford Excavating, LLC $450,726.92 N/A N/A N/A
N/A Lyda Excavating Inc. $487,832.00 N/A N/A N/A
N/A ASA Construction Inc. $763,991.00 N/A N/A N/A
This procurement included the City's Good Faith Effort (GFE) Program supporting the regional
economy by encouraging participation from racial, gender, veteran, and emerging small
businesses. The City's program is closely connected to the State Certification Office for Business
Inclusion and Diversity (COBID) whose goal is to "level the playing field by providing certified
firms a fair opportunity to compete for government contracts regardless of owner ethnicity,
gender, disability, or firm size".
Daybreak Construction was found to be the highest scoring responsive, responsible bidder with
a bid amount $534,000. Swofford Excavating, LLC and Lyda Excavating Inc. both submitted
lower price bids. However, both also had major omissions from their bid submittal including not
attending a mandatory pre-bid conference, not submitting the first-tier subcontractor
disclosure form, and not submitting the GFE forms. Those two bids were thus deemed non-
responsive. ASA Construction Inc., was also deemed non-responsive due to omission of the
first-tier subcontractor disclosure form.
FISCAL IMPACT
The project is currently funded from the Surface Water utility fund in the adopted 2023/24 to
2028/29 Capital Improvement Plan (CIP) in an amount of$600,000.
RECOMMENDATION
Authorize the City Manager to Sign a Public Improvement Contract with Daybreak Construction,
in the amount of$534,000 for the construction of Work Order 323, Daniel Way Channel
Stabilization Project.
Respect, Excel'ence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY