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January 5,2011 <br /> BID CALL-2011 BIOSOLIDS REMOVAL <br /> To authorize a call for bids for the 2011 Biosolida Removal project <br /> Roll was called with all council members voting yes. <br /> Motion carried. <br /> BID AWARD—SEWER SYSTEM REPLACEMENT"L"NORTH AREA <br /> To award the construction contract and authorize the Mayor to sign the <br /> contact with Shoreline Construction, Inc. for the Sewer System <br /> Replacement"L"North Area project in the amount of$3,224,841.20. <br /> Dave Davis,Public Works,stated that this project was designed to help <br /> alleviate the basement flooding problem in north Everett around <br /> Providence Hospital and is needed for the opening of the hospital's tower <br /> in June. <br /> City Attorney Iles,Legal,stated that in this matter the council members <br /> have been provided with a copy of a protest filed by R.L Alia,the second <br /> lowest bidder,and a response from Shoreline Construction.He remarked <br /> that the council could handle the protest in various ways but <br /> recommended that they entertain it tonight. <br /> The council members concurred with his recommendation. <br /> Tim Benedict,Legal,remarked that the protest was fled due to the <br /> omission of the"base bid contract total"and the°alternate bid contract <br /> r <br /> toten Shoreline's bid proposal.He explained that the issue before the <br /> council is to determine if that protea(should be upheld or denied. The <br /> position of R.L.Alia is that the omission makes the bid non-responsive <br /> and non-binding and should be rejected. He cited the standard for <br /> deciding whether the omission is a material irregularity or an immaterial '• <br /> ., <br /> irregularity.He stated that it is the recommendation of the City Attorney's <br /> office that the protest be denied,that this be deemed an immaterial <br /> irregularity,and that the contact be awarded to Shoreline Construction. <br /> 6 <br />