The Town Council voted 5-1 last week to approve a bid of nearly $1.5 million for improvements to the median on Avenue of the Fountains.

The council accepted the bid of Low Mountain Construction of $1,468,334 after two lower bids were disqualified.

Councilman Tait Elkie was absent from the meeting and Vice Mayor Cassie Hansen has consistently opposed the project mainly due to the potential destruction of the mature trees growing in the median.

Hansen also said she has concerns about the scope of the project.

“I have consistently supported a less expensive approach designed more around what we already have including the 31 trees listed on the bid sheet to be removed,” Hansen said.

The winning bid includes three proposed alternates to the project. Those alternates include a brick paver pathway in lieu of concrete, eight shade canopies and complete lighting installation.

There were a total of seven bids received for the project ranging up to $1.7 million.

The town began consideration of the project in 2011 before hiring a design team in March 2012.

Town officials determined that a major renovation of the Avenue was needed based on a need to replace irrigation and electrical systems and replacement of old water features that are estimated to be leaking more than 250,000 gallons of water per year.

The town has a budget of $1.6 million for the project.

Councilman Henry Leger noted that the funding for the project has been accumulated in a fund dedicated for improvements to the downtown area.

“This money was set aside specifically for this purpose,” Leger said.

He also noted that the fund had accumulated more than $2 million since it was established, leaving a significant amount available for potential work after this project.

Development Services Director Mood said he expects to issue a notice to proceed effective April 21, with a 180-day construction schedule. That would leave substantial completion by Sept. 18 and final completion Oct. 20.

However, Mood said to allow time for landscaping to become established they may not be able to re-open the median until after the November arts fair.

Also, it was noted that when construction begins later this month the median will be fenced until the release date in late fall.

Bid dispute

Mood said that bids provided by Shea-Connelly Development ($1.378 million) and J.E. Bowen Construction ($1.42 million) were disqualified.

Mood said Low Mountain submitted a bid protest stating that the two lower bidders did not have the proper license for the project. The protest stated that the Arizona Registrar of Contractors requires a Class A General Engineering contractor’s license for the project.

The protest along with all the bid documents was sent to the Registrar of Contractor’s Office for a determination.

“The (ROC) determined that a Class A-General Engineering or Class KA-Dual Engineering license is required to perform the scope of work required on this project,” Mood said.

“It has been determined that the bids submitted by Shea-Connelly Development and J.E. Bowen Construction were non-responsive for failing to have the proper contractor’s license to perform the work.”

Mood said Shea-Connelly has a Class KB1-Dual Builder license for commercial and residential and J.E. Bowen holds a Class B1-General Commercial license.

Councilman Cecil Yates noted that J.E. Bowen was the low bidder considered by the council last June when the project was previously bid.

At that time the council rejected all bids based on a determination that the cost was too high.