Public Works
TITLE: Bid Protest: 44th Ave W Interurban Trail, Bridge Overcrossing and East Trail Extension to 40th Avenue West

The City opened bids on the project on October 13, 2009. The second low bidder, SCI Infrastructure is challenging the apparent low bidder, Allied Construction Associates on the ground that Allied's bid does not meet the mandatory DBE percentage goal of 10%, therefore is non-responsive and must be rejected. The City attorney has reviewed the pros and cons of the protest and met with staff in regards to this matter. Public Works, therefore, recommend that the Council hold an Executive Session and direct staff to move ahead with preparation to award to the apparent low bidder.


Executive Session will be held on November 2 to discuss potential legal actions and strategies to move forward. On November 9 the staff intends that the city council adopt a resolution of intent to award a contract. On November 16 Staff will brief the council on any further issues related to the bid award. On November 23 staff anticipates the city council awarding the contract, subject to any pending legal issues. These dates are in keeping with no bidder may withdraw its Bid within forty-five (45) days after the actual date of the Bid Opening.


This project provides a pedestrian facility on the Interurban Trail that will have a grade separation over 44th Avenue West by the construction of a new pedestrian bridge from the Lynnwood Park and Ride lot on the west side, to the Pacific NW Traction right-of-way on the east side. The bridge closes a missing link on the Interurban Trail that runs the King/Snohomish County to Everett, WA. A trail will be constructed on the east side, generally following the Pacific Traction right-of-way and tying back in to the existing trail at 40th Avenue West and Alderwood Mall Boulevard. The project is will be funded by a combination of Federal grants and the City of Lynnwood local funding.

Requests for bid proposals were advertised on September 22and 29, 2009 in the Everett Herald and Daily Journal of Commerce. The bid proposal form provided for a base bid plus four (4) additive alternates. Bids were opened and read on October 13, 2009. There were twelve (12) bidders which are shown in the attachment.


On September 14, 2009 at its business meeting, the City council rejected all bids on the 44th Avenue West Interurban Trail and Bridge Overcrossing project and directed staff to make appropriate changes to the bid documents, and rebid the project.

Description: Type:
Bid Form Memo