HomeMy WebLinkAboutResolution No. 2022-010 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 RESOLUTION NO. 2022-010
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
2022 UTILITY AND PAVEMENT PRESERVATION PROJECT
WHEREAS, the City of Arlington solicited bids for a project known as the 2022 Utility and
Pavement Preservation Project (hereinafter the "Project") and bids were opened on June 16,
2022; and
WHEREAS, SRV Construction, Inc. ("SRV") was emailed copies of the bid documents on
June 16, 2022 at 2:33 p.m. pursuant to RCW 39.04.105; and
WHEREAS a bid protest was emailed to the City on June 21, 2022 at 4:24 p.m. by SRV
Construction, Inc., relating to the apparent low bid of Reece Construction Company; and
WHEREAS, the bid protest was therefore received more than 48 hours following the
provision of the bid documents to SRV; 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(1) expressly requires that on public works projects in
excess of one million dollars, proposed HVAC, plumbing, and electrical subcontractors
must be listed or identified or the contractor shall name itself for the work within one
hour of the bid submittal deadline.
d. RCW 39.30.060(1) also requires that the contractor list the names of any
structural steel or rebar installation subcontractors with whom they intend to contract
within 48 hours of the requested bid submittal time.
e. The purpose of RCW 39.30.060 is to avoid bid shopping following the
award of a contract.
RESOLUTION NO. 2022-010 1
f. The Project calls for no HVAC, electrical, plumbing, steel installation, or
rebar installation.
g Reece Construction Company complied fully with identifying itself or any
subcontractors as required by RCW 39.30.060(1), and there are no subcontractors who
will contract with Reece Construction Company for rebar or structural steel installation
as the prime contract bidder, so Reece has complied with RCW 39.30.060(4).
h. The bid protest of SRV Construction Inc. was not timely submitted within
48 hours as required by RCW 39.04.105(2).
i. 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."
j. The City Council finds that the low bid of Reece Construction Company is
lower than the other bidders, that Reece Construction complied 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.
k. The City Council finds that the irregularity, if any, in the Reece
Construction Company 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 rejects the bid challenge by SRV
Construction, Inc., and hereby declares that the bid submitted by Reece Construction
Company for the 2022 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, pursuant to RCW 39.04.105.
APPROVED by the Mayor and City Council of the City of Arlington this 5th day of July,
2022.
CITY OF ARLINGTON
4-
Barbara Tolbert, Mayor
ATTEST:
rd led
Wendy Va Der Meersche, City Clerk
APPROV D AS TO FORM:
Ste dime,' ' Attorney
RESOLUTION NO. 2022-010 2