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HomeMy WebLinkAboutResolution No. 2018-009 Rejecting a Bid Challenge by SRV Construction, Inc. and Finding Reece Construction Co be the Apparent Low Bidder for the 2018 Utility Improvement & Pavement Preservation Project RESOLUTION NO. 2018-009 A RESOLUTION OF THE CITY OF ARLINGTON REJECTING A BID CHALLENGE BY SRV CONSTRUCTION, INC. AND FINDING REECE CONSTRUCTION COMPANY TO BE THE APPARENT LOW BIDDER FOR THE 2018 UTILITY IMPROVEMENT& PAVEMENT PRESERVATION PROJECT WHEREAS, the City of Arlington solicited bids for a project known as the 2018 Utility Improvement & Pavement Preservation Project (hereinafter the "Project") and bids were opened on April 12, 2018; and WHEREAS, a bid protest which was erroneously dated April 13, 2016 was filed on April 13, 2018 by SRV Construction, Inc., relating to the apparent low bid of Reece Construction Company; and WHEREAS, the bid documents reserved the right of the City to waive any and all irregularities in the bids; and WHEREAS, the City Council wishes to reject the bid protest by SRV Construction, Inc. and waive the irregularities in the bid, if any, submitted by Reece Construction Company within the terms of the bid documents and the meaning of RCW 35.23.352; NOW, THEREFORE, the City Council of the City of Arlington, Washington do hereby resolve as follows: 1. The City Council finds as follows: a. The City of Arlington has sought qualified contractors to bid on the Project. b. Reece Construction Company submitted the apparent low bid on the Project and has been determined to be the Qualified Low Bidder. C. RCW 39.30.060 expressly requires that on public works projects in excess of one million dollars, only proposed HVAC, plumbing, and electrical subcontractors must be separately listed, and if not so listed,the bids are deemed void. d. The Project does not call for HVAC, plumbing or electrical work, and consequently no separate listing of the same is required, as provided by RCW 39.30.060(3). e. The bid documents also clearly indicate that "The City of Arlington RESOLUTION NO. 2018-009 1 expressly reserves the right to reject any and all bids, to waive minor irregularities or informalities, and to further make award of the project to the lowest responsible Bidder as it best serves the interest of the City of Arlington." f. The City Council finds that the low bid of Reece Construction Company is lower than the other bidders, that Reece Construction complies with the requirements of RCW 39.30.060, and that it is in the best interests of the City and the taxpayers to accept the low bid and waive the irregularities in the bid, if any exist. g. The City Council finds that the irregularity, if any, in the bid is not a failure which provides Reece Construction Company with a substantial advantage over other bidders. 2. Based on the foregoing findings, the City Council hereby declares that the bid submitted by Reece Construction Company for the 2018 Utility Improvement & Pavement Preservation Project is hereby accepted, that any irregularities therein are waived, and Reece Construction Company is declared to be the Qualified Low Bidder for purposes of awarding the bid on that project. 3. The City hereby notifies SRV Construction, Inc. of its intention to enter into a contract with Reece Construction Company, as required by RCW 39.04.105. APPROVED by the Mayor and City Council of the City of Arlington this 711 day of May, 2018. CITY OF ARLINGTON Barbara Tolbert, Mayor ATTEST: Kristin anfield, City CI rk APPROVED AS TO FORM: Stev j e le, ity Attorney RESOLUTION NO. 2018-009 2