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March 19,2008 <br /> sufficiently material for the Council to reject the bid and should be <br /> waived as an informality or minor irregularity,having no effect on the <br /> competition between the bidders;end(2)that the unit prices in the <br /> bid proposal were for extra work which the City may order or not <br /> order at its discretion;and the unit prices stated In the bids were not <br /> material factor in determining the low bidder. Accordingly, <br /> pursuant to Section 10.1 of the invitation to bid the Everett Municipal <br /> Code Section 3.48.080(B),the Everett City Council determines to <br />• deny the protest and to award the contract to the low bidder,Allied <br /> Construction,Inc.,for construction of the new Animal Shelter for en <br /> amount 01 33,320,000.00. <br /> Council Member Stonecipher questioned what would happen H Allied tries <br /> to back out.Adomey Brace Jones explained the bid bond/legal process. <br /> Interim City Attorney Chris Knapp stated that he concurs with Attomey <br /> Bruce Jones and stated that the issue is whether them is a bid with an <br /> irregularity which may be waived by the city council or was them a no bid. <br /> His opinion is that by having the numerical representation there is a bid. • <br /> The council may decide whether to award with a minor Irregularity. <br /> Council Member Roberts clarified that in his opinion them is a minor <br /> irregularity. The purpose of the bid process is to provide fora prudent <br /> expenditure of public funds and a prudent expenditure of public funds is <br /> being taken with the motion. <br /> President Nielsen stated that both the altomeys for Powell and Allied have <br /> submitted helpful legal analysis. He concluded that this is a minor <br /> irregularity.The amount of the bid has been supplied by the fgures..The <br /> law and the bid specifications are clear that the bid specifications are for <br /> the benefit of the owner,the City,and the City has the right to waive minor <br /> irregularities. There is no unfair advantage to Allied under these <br /> circumstances. <br /> Council Member Gipson stated that Allied notarized signature binds them <br /> to the bid.The irregularity is just that. <br /> 80 <br />