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Fife council authorizes Port of Tacoma Road Phase 2A contract award, contingent on pending court hearing
Summary
Council authorized the city manager to execute a construction contract for the Port of Tacoma Road Phase 2A project, identifying the lowest responsive bid at $50.7 million; the action is contingent on the outcome of a temporary restraining order hearing filed by a lower-ranked bidder and noted in the city attorney’s contingency language.
The Fife City Council authorized a contingent contract award for the Port of Tacoma Road Phase 2A project at its Feb. 24 meeting.
Public-works staff presented Resolution 2242 and told the council the city received five bids on Jan. 29 with amounts ranging from $50,700,000 to $53,900,000. Staff reported that the lowest responsive bid is $50,700,000 and recommended the council authorize the city manager to execute the contract with the low bidder, identified in the record as Sekonti/Secante/Secanti (contractor name varied in the presentation).
Jason Dooley, the project presenter, told council staff notified WSDOT of the findings and received written concurrence. He advised council that a fourth-lowest bidder, Johansen, has filed for a temporary restraining order (TRO); the city attorney and staff said the recommended authorization is contingent on the outcome of a TRO hearing scheduled for the next day.
The city attorney explained that the resolution is drafted with a contingency: the authorization “is authorized, I would just add, with the contingency as added by the city attorney,” and that the manager’s authority to execute the agreement “isn’t effective until the hearing is over and TRO hasn't been entered.”
Councilmember Gathers moved to adopt the resolution with the city attorney’s contingency language and the motion carried; staff said that if the hearing goes favorably they plan to award the contract first thing Thursday.
Council briefly discussed potential conflicts of interest when one member asked whether past work with the low bidder would disqualify a member; the city attorney said only a monetary interest would create a conflict.
