HomeMy WebLinkAboutResolution No. 2020-007 Rejecting a Bid Challenge by Reece Construction Company and Finding JB Asphalt, Inc. to be the Apparent Low Bidder for the 2020 Utility Improvement.. RESOLUTION NO. 2020-007
A RESOLUTION OF THE CITY OF ARLINGTON REJECTING A BID CHALLENGE BY REECE
CONSTRUCTION COMPANY AND FINDING JB ASPHALT PAVING, INC.
TO BE THE APPARENT LOW BIDDER FOR THE 2020 UTILITY IMPROVEMENT& PAVEMENT
PRESERVATION PROJECT
WHEREAS, the City of Arlington solicited bids for a project known as the 2020 Utility
Improvement & Pavement Preservation Project (hereinafter the "Project") and bids were
opened on May 21, 2020; and
WHEREAS, a bid protest was filed on May 28, 2020 by Reece Construction Company,
relating to the apparent low bid of JB Asphalt Paving Inc.; 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 Reece Construction
Company and waive the irregularities in the bid, if any, submitted by JB Asphalt Paving Inc.
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. JB Asphalt Paving Inc. 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, 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 the use of a specific WSDOT form to list
subcontractors under RCW 39.30.060(3), and there is no HVAC or plumbing work on the
project.
e. JB Asphalt Paving, Inc.'s bid contained a clear notation reading
"* Electrical Sub-Contractor: Service Electric" on its bid at page 7, which gives a clear
indication of its intention to use that subcontractor for electrical work.
f. Reece Construction Company also objected to the projects identified in
RESOLUTION NO. 2020-007 1
the statement of bidders qualifications. However, the term "similar" did not require a
specified price range or any particular level of detail; the term "similar" means
"resembling without being identical".
g. The bid documents also clearly indicate that "The City of Arlington
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."
h. The City Council finds that the low bid of JB Asphalt Paving, Inc. is lower
than the other bidders, including the bid of Reese Construction, Inc.; that JB Asphalt
Paving, Inc.'s bid 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.
i. The City Council finds that the irregularity, if any, in the bid is not a failure
which provided JB Asphalt Paving, Inc. with a substantial advantage over other bidders.
2. Based on the foregoing findings, the City Council hereby declares that the bid
submitted by JB Asphalt Paving, Inc. for the 2020 Utility Improvement & Pavement
Preservation Project is hereby accepted, that any irregularities therein are waived, and
JB Asphalt Paving, Inc. is declared to be the Qualified Low Bidder for purposes of
awarding the bid on that project.
3. The City hereby notifies Reece Construction Company of its intention to enter
into a contract with JB Asphalt Paving, Inc., as required by RCW 39.04.105.
APPROVED by the Mayor and City Council of the City of Arlington this 15th day of June,
2020,
CITY OF ARLINGTON
Barbara Tolbert, Mayor
ATTEST:
Wendy Van 6er Meersche, City Clerk
APPROVED AS TO FORM:
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Stev n J. i e, Attorney
RESOLUTION NO. 2020-007 2