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HomeMy WebLinkAbout3565RESOLUTION NO. 3 5 6 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, MAKING FINDINGS AND iDENTIFYING THE SUCCESSFUL LOW BIDDER IN THE AUBURN STATION COMMERCIAL IMPROVEMENTS PROJECT WHEREAS, the City of Auburn Public Works Department solicited bids for its Auburn Station Commemial Improvements Project, which included providing several alternative schedules of work to provide the City the flexibility of deciding among the various schedules which it could choose to move forward with construction; and WHEREAS, one of the bidders, PCL Construction Services, Inc., elected to submit its bid with the costs for schedule "B" included in its proposal for schedule "A", and with no costs therefore identified for schedule "B," creating an unauthorized modification to the bid; and WHEREAS, the bid documents clearly indicated that the City has the right to reject an irregular bid if the completed proposal form contains any unauthorized additions, deletions, alternative bids, or conditions; and WHEREAS, aside from the above bidding irregularity, PCL Construction Services, Inc., would otherwise have been the lowest bid submittal received by the City, were the City to elect to proceed with the work of all schedules, however, if the City were to elect to forgo the work identified in schedule "B," PCL Construction Services, Inc., would not be the lowest responsible bid; and Resolution No. 3565 Janua~ 17,2003 Page 1 WHEREAS, the City is basing its selection of Iow bidder on the totals of all schedules, and preserving its flexibility to select some or all of the schedules; and WHEREAS, the award of any or all schedules will be based on the best interests of the City; and WHEREAS, for these reasons, and for the impossible delimina faced by the City in determining its selection of schedules for this project, and the absence of flexibility should those options be taken away from the City, the lowest responsible bid, and the responsive successful bidder should be, instead, Regency NW Construction. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The City Council finds that the bid submitted by PCL Construction Services, Inc., was irregular and nonresponsive in that it elected to modify the proposal form by including its costs for the work identified in schedule "B" in the costs for schedule "A". Even though PCL's total costs would have been the lowest bid, were the City to elect to award either schedule "A" or schedule "B", individually, the City could not determine the division of costs among those schedules. The City Council further finds that it would be unfair for the City to be deprived of the options and flexibility that it intended and that it built into the bidding process. The City Council therefore determines that it is in the best interest of the City to select as its lowest responsible bid, thereby maintaining its flexibility, Regency NW Construction. Resolution No, 3565 January 17,2003 Page 2 Section 2. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this ~t~ day of ~u~r~ , 200 B . ..._.J CITY OFAUBURN MAYOR ATTEST: City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 3565 January 17, 2003 Page 3