HomeMy WebLinkAboutResolution No. 2018-019 Finding Razz Construction, Inc. to be the Apparent Low Bidder for the Arlington Municipal Airport 2018 Pavement Improvements Project RESOLUTION NO. 2018-01c)
A RESOLUTION OF THE CITY OF ARLINGTON FINDING RAZZ CONSTRUCTION, INC.
TO BE THE APPARENT LOW BIDDER FOR THE ARLINGTON MUNICIPAL AIRPORT
2018 PAVEMENT IMPROVEMENTS PROJECT
WHEREAS, the Arlington Municipal Airport has solicited bids for a project known as
the 2018 Pavement Improvements Project, City Project#P02.443 (hereinafter the "Project"); and
WHEREAS, the apparent low bidder on the project, Razz Construction, Inc., checked
two boxes on one of its bid forms, although other portions of the bid form were properly signed;
and
WHEREAS, the City Council wishes to waive the irregularities in the bid submitted by
Razz Construction, Inc. within the terms of the bid documents and the meaning of RCW
35.52.352;
NOW, THEREFORE, the Arlington, Washington City Council do hereby resolve as
follows:
1. The City Council finds as follows:
a. The City of Arlington sought qualified contractors to bid on the
Arlington Municipal Airport 2018 Pavement Improvements Project, City Project
#P02.443 ("the Project").
b. Razz Construction, Inc. ("Razz") submitted its bid packet which
included a Certificate of Buy American Compliance for Total Facility("Buy American
Form") form attached hereto as Exhibit"A".
C. The Buy American Form submitted by Razz had two boxes
checked instead of one.
d. However, the Buy American Form indicates Razz's intention to
comply with the law, notwithstanding the irregularity.
e. Public bidding is designed to prevent `fraud, collusion, favoritism,
and improvidence in the administration of public business' and to ensure that the public
entity receives `the best work or supplies at the most reasonable prices practicable.'
Gostovich v. City of W. Richland, 75 Wn.2d 583, 587, 452 P.2d 737 (1969) (quoting
Edwards v. City of Renton, 67 Wn.2d 598, 602, 409 P.2d 153 (1965)).
f. The bid documents clearly indicate that"The right is reserved by
the Owner to waive any irregularity in the bidding, to reject any or all proposals, to
accept any proposal, to re-advertise for new proposals, or to otherwise carry out the work.
The Owner also reserves the right to select any proposal upon consideration of all factors,
and may accept any proposal that appears to serve the best interests of the City of
Arlington."
g. The City Council further finds that it is in the best interests of the
City to accept the low bid.
h. The City Council further finds that the failure by Razz to correctly
complete the Buy American form is not a failure which provides Razz with a substantial
advantage over other bidders.
2. Based on the foregoing findings, the City Council hereby declares that the bid
submitted by Razz Construction, Inc. for the 2018 Pavement Improvements Project, City Project
#P02.443 is hereby accepted,that any irregularities therein are waived, and Razz Construction,
Inc. is declared to be the "lowest responsible bidder" for purposes of awarding the bid on that
project.
APPROVED by the Mayor and City Council of the City of Arlington this 6th day of
August, 2018.
CITY OF ARLINGTON
r ara Tolbert, Mayor
ATTEST:
GU, --
Kristin anfield, City Clerk
APPROVED AS TO FORM:
Ste n J.Yellfle, ' y Attorney
RESOLUTION 2018- 0161
CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR TOTAL FACILITY
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit
this certification statement with its proposal. The bidder or offeror must indicate how it intends
to comply with 49 USC § 50101 by selecting one of the following certification statements.
These statements are mutually exclusive. Bidder must select one or the other (i.e. not both)
by inserting a checkmark (f) or the letter "X".
® Bidder or offeror hereby certifies that it will comply with 49 USC§50101 by:
a) Only installing steel and manufactured products produced In the United States;or
b) Installing manufactured products for which the Federal Aviation Administration(FAA)has issued
a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued
listing;or
c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition
Regulation Subpart 25.108,
By selecting this certification statement, the bidder or offeror agrees:
• To provide to the Owner evidence that documents the source and origin of the steel and manufactured
product.
• To faithfully comply with providing U.S.domestic products.
• To refrain from seeking a waiver request after establishment of the contract,unless extenuating
circumstances emerge that the FAA determines justified.
The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences
of 49 USC§50101(a)but may qualify for either a Type 3 or Type 4 waiver under 49 USC§50101(b). By
selecting this certification statement,the apparent bidder or offeror with the apparent low bid agrees:
a) To the submit to the Owner within 15 calendar days of the bid opening,a formal waiver
request and required documentation that supports the type of waiver being requested.
b) That failure to submit the required documentation within the specified timeframe is cause for
a non-responsive determination that may result in rejection of the proposal.
c) To faithfully comply with providing U.S. domestic products at or above the approved U.S.
domestic content percentage as approved by the FAA.
d) To furnish U.S.domestic product for any waiver request that the FAA rejects.
e) To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
Required Documentation
Type 3 Waiver—The cost of components and subcomponents produced in the United States
is more than 60 percent of the cost of all components and subcomponents of the "facility". The
required documentation for a Type 3 waiver is:
a) Listing of all manufactured products that are not comprised of 100 percent U,S.domestic content
(excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products
excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be
considered as non-domestic products In their entirety).
EXHIBIT --1
AWO 2018 PAVEMENT IMPROVEMENTS
CITY PROJECT NO. P02.443 Add. No. 1
b) Cost of non-domestic components and subcomponents,excluding labor costs associated with final
assembly and installation at project location.
c) Percentage of non-domestic component and subcomponent cost as compared to total"facility"
component and subcomponent costs,excluding labor costs associated with final assembly and installation
at project location.
Type 4 Waiver—Total cost of project using U.S. domestic source product exceeds the total
project cost using non-domestic product by 25 percent. The required documentation for a Type
4 of waiver is:
a) Detailed cost Information fortotal project using U.S.domestic product
b) Detailed cost information for total project using non-domestic product
False Statements: Per 49 USC § 47126, this certification concerns a matter within the
jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or
fraudulent certification may render the maker subject to prosecution under Title 18, United
States Code.
(Date Signature
Company Name Title
AWO 2018 PAVEMENT IMPROVEMENTS
CITY PROJECT NO. P02.443 Add. No. 1