HomeMy WebLinkAboutResolution No. 2021-033 A Resolution of the City of Arlington Rejecting a Bid Challenge by Strider Construction Company and Finding Equity Builders, LLC to be the Apparent Low Bidder... RESOLUTION NO. 2021—033
A RESOLUTION OF THE CITY OF ARLINGTON REJECTING A BID CHALLENGE BY STRIDER
CONSTRUCTION COMPANY AND FINDING EQUITY BUILDERS, LLC
TO BE THE APPARENT LOW BIDDER FOR THE 2021 CASCADE INDUSTRIAL CENTER UTILITY
IMPROVEMENTS PART 16 (P02-474) PROJECT
WHEREAS, the City of Arlington solicited bids for a project known as the 2021 Cascade
Industrial Utility Improvements Part 113 (P02-474) Project (hereinafter the "Project") and bids
were opened on July 15, 2021; and
WHEREAS, a bid protest was filed on July 16, 2021 by Strider Construction Company, Inc.
relating to the apparent low bid of Equity Builders LLC; 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 Strider Construction
Company, Inc. and waive the irregularities in the bid, if any, submitted by Equity Builders LLC
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. Equity Builders LLC 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. Strider Construction Company, Inc. objected to the bid award based on
the fact that Equity Builders LLC listed themselves as doing the HVAC work on the
project. However, Equity Builders LLC's bid contained a clear notation that Advanced
Power, LLC, would be its electrical subcontractor. Advanced Power, LLC, is a licensed
electrical subcontractor, general license (EC01), license#ADVANPL9010B.
e. Advanced Power, LLC, as a licensed general electrical contractor, may
perform the work and does not require a specialty license to perform the limited HVAC
work required by the plans under WAC 296-4613-920.
RESOLUTION 2021-033 1
f. 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."
g. The City Council finds that the low bid of Equity Builders LLC is lower than
the other bidders, including the bid of Strider Construction Company, Inc.; that Equity
Builders LLC'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.
h. The City Council finds that the irregularity, if any, in the bid is not a failure
which provided Equity Builders LLC with a substantial advantage over other bidders.
2. Based on the foregoing findings,the City Council hereby declares that the bid
submitted by Equity Builders LLC for the 2021 Cascade Industrial Utility Improvements
Part 113 (1302-474) Project is hereby accepted, that any irregularities therein are waived,
and Equity Builders LLC is declared to be the Qualified Low Bidder for purposes of
awarding the bid on that project.
3. The City hereby notifies Strider Construction Company, Inc. of its intention to
enter into a contract with Equity Builders LLC, as required by RCW 39.04.105.
APPROVED by the Mayor and City Council of the City of Arlington this 2nd day of August,
2021.
CITY OF ARLINGTON
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Barbara Tolbert, Mayor
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APPROVED AS TO FORM:
Stevq n J. i ity Attorney
RESOLUTION 2021-033 2