2008/03/19 Council Minutes - Laserfiche WebLink

March 19,2008 sufficiently material for the Council to reject the bid and should be waived as an informality or minor irregularity,having no effect on the competition between the bidders;end(2)that the unit prices in the bid proposal were for extra work which the City may order or not order at its discretion;and the unit prices stated In the bids were not a material factor In determining the low bidder. Accordingly, pursuant to Section 10.1 of the invitation to bid the Everett Municipal Code Section 3.46.060(B),the Everett City Council determines to deny the protest and to award the contract to the low bidder,Allied Construction,Inc.,for construction of the new Animal Shelter for an amount of 53,320,009.00. h i o to backout.Atto ney brrutes Jones explained the biddbondhegn if Alllprocessed irk.s Interim City Attorney Chris Knapp egad that he concurs with Bruce Jones and stated that the issueiswhether there s a bidAttorney with an irregularity which may be waived by the city council or was there a no bid. His opinion is that by having the numerical representation them is a bid. The council may decide whether to award with a minor irregularity. Council Member Roberts clarified that in his opinion there is a minor Irregularity. The purpose of the bid process is to provide for a prudent expenditure of public funds and a prudent expenditure of public funds is being taken with the motion. President Nielsen stated that both the attorneys for Powell and Allied have submitted helpful legal analysis. He concluded that this is irregularity.The amount of the bid has been supplied by the figures.minor The dew and the bid specifications are dear that the bid specifications am for the benefit of the owner,the City,and the City has the right to waive minor irregularities. There is no unfair advantage to Allied under these circumstances. Council Member Gipson stated that Allied notadied signature binds them to the bid.The irregularity is just that. 80