HomeMy WebLinkAbout2010-014 RESOLUTION NO. 2010-014
A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON
WAIVING BID IRREGULARITIES FOR THE
STATION #46 REMODEL/ADDITION PROJECT
WHEREAS, the City of Arlington solicited bids for a project known as the City of
Arlington Station#46 Remodel/Addition Project (hereinafter the "Project"); and
WHEREAS, a bid protest was filed on October 5, 2010 by R & D Masonry, Inc., relating
to the apparent low bid of Synergy Construction, Inc.; and
WHEREAS, the bid documents reserved the right of the City to waive any and all
irregularities in the bids; and
WHEREAS, R& D Masonry, Inc. on October18, 2010, withdrew its bid protest; and
WHEREAS, the City Council wishes to waive the irregularities in the bid submitted by
Synergy Construction, 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. Synergy Construction, Inc. ("Synergy Construction")
submitted the apparent low bid on the Project.
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 bid documents do not expressly state that failure to
identify an approved masonry subcontractor at the time of bidding requires that the City
determine the bid is void or nonresponsive.
e. The bid documents clearly indicate that "The Owner
expressly reserves the right to reject any or all bids, and the right to waive any
informalities or irregularities in any bid or in any bidding and to further award the Project
to the lowest, responsive, responsible bidder whose bid complies with all of the
prescribed formalities, as it best serves the interest of the Owner."
RESOLUTION NO. 2010-014 1
f. Synergy Construction has indicated that it intends to
substitute one of the approved masonry subcontractors on the Project at no additional cost
to the City.
g. The City Council finds that the low bid of Synergy
Construction is substantially lower than the two next lowest bidders, 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.
h. The City Council finds that the irregularity is not a failure
which provides Synergy Construction with a substantial advantage over other bidders,
since the bid documents did not expressly require the naming of an approved masonry
subcontractor in order to be considered a responsive, responsible bidder.
2. Based on the foregoing findings, the City Council hereby declares that the
bid submitted by Synergy Construction for the City of Arlington Station #46
Remodel/Addition Project is hereby accepted, that any irregularities therein are waived,
and Synergy 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 day of
uxua-r , 2010.
CITY OF ARLINGTON
[a,t.u� ��2
Margar Larson, Mayor
ATTEST:
KristPh Banfield, City Cler
APPROVED AS TO FORM:
Stev J. P i , Ci Ctorney
RESOLUTION NO. 2010-014 2
CERTIFICATE OF RESOLUTION
I, Kristin Banfield, City Clerk of the City of Arlington, Washington (the "City"),
do hereby certify that the attached is a full, true and correct copy City of Arlington
Resolution No. 2010-014, passed by the Arlington City Council at their regular meeting
on October 18, 2010.
610
Kristin anfield, City Clerk
Dated this 19th day of October, 2010