Resolution 6990006.170.002
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06/07/90
RESOLUTION NO. 699
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDMONDS, WASHINGTON, CONSIDERING PROTEST OF
R.L. ALIA COMPANY AND DECLINING TO RECONSIDER
ITS AWARD OF BID TO VOLKER STEVIN PACIFIC, INC.
FOR THE SHELL CREEK DIVERSION PIPELINE.
WHEREAS, on the advice of its consulting engineer,
Kramer, Chin & Mayo, the City Council approved the apparent low
bid of Volker Steven Pacific, Inc. to construct the Shell Creek
Diversion Pipeline and Stream Restoration Project;
WHEREAS, the second bidder, R.L. Alia Company,
submitted a protest and requested the City Council to reconsider
its decision awarding the bid to Volker Stevin Pacific, Inc.;
WHEREAS, the City Council, through its legal counsel,
has requested the positions of the bidders along with legal
authority supporting their respective positions as well as
information from Kramer, Chin & Mayo, the City's consulting
engineer;
WHEREAS, the City Council finds and believes that
Volker Stevin Pacific, Inc.'s bid was irregular, but that the
irregularity is waivable and does not constitute a ground for
Volker Stevin Pacific, Inc. to avoid its bid;
WHEREAS, both the original bid and the adjusted bid are
below the bid of R.L. Alia Company; and
WHEREAS, the City Council finds that awarding the bid
to a low bidder, bound by its original bid, where both the
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original bid and the bid as adjusted are the low bids, did not
give any competitive advantage to Volker Stevin Pacific, Inc.
over the other bidders; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby confirms its
award of bid to Volker Stevin Pacific, Inc. and declines to
reconsider such award of bid.
Section 2. In the event that R.L. Alia Company seeks
injunctive relief or some other form of legal action to seek
judicial review of the Council's decision to award this bid,
Council instructs its legal counsel to notify both Kramer, Chin &
Mayo and Volker Stevin Pacific, Inc. in order to join them in any
lawsuit and /or seek their assistance in the prosecution thereof.
RESOLVED this 12th day of June , 1990.
ATTEST /AUTHENTICATED:
46IT)('CLERK, JACQUELINE G. PARRETT
FILED WITH THE CITY CLERK: June 8, 1990
PASSED BY THE CITY COUNCIL: June 12, 1990
RESOLUTION NO. 699
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