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