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Home My WebLink About03-27-2026 - Fury Site Works Protest Letter - Highlands Reservoir Wtr Main11Page F SITE WORKS INC March 27, 2026 VIA EMAIL ONLY Ken Srilofung Project Manager Public Works Department CITY OF RENTON 1055 South Grady Way Renton WA 98055 ksrilofung(a. rentonwa. Azov RE: Bid Protest Highlands Reservoir Water Main Improvements Project Bid Date: 3/25/2026 Dear Mr. Srilofung: Fury Site Works, Inc. ("FSW") hereby submits this bid protest to the City of Renton regarding the Highlands Reservoir Water Main Improvements Project ("Project"). FSW submitted a proposal in response to the City's call for bids on the Project. The bids were opened on March 25, 2026. The bid submitted by the apparent low bidder, Earthworks Solutions, LLC ("Earthworks") did not conform to the bid requirements and must be deemed nonresponsive. FSW is the next lowest bidder and should be awarded the Project in accordance with RCW 39.04. Background Facts. Bid proposals on the subject project were due on March 25, 2026. FSW timely submitted a proposal in response to the City of Renton's call for bids. Attachment A. The City conducted a bid opening at 2 pm on March 25. The bid results were as follows: 1. Earthworks Solutions, LLC $ 6,567,108.39 2. Fury Site Works, Inc. $ 7,441,169.95 3. Roundbush Earthworks $ 7,684,150.12 4. RW Scott Construction $ 7,904,074.01 5. Cecanti $ 8,462,305.26 6. Karvel Construction $ 8,808,971.22 21Page 7. JW Fowler $ 8,955,307.61 8. Goodfellow Bros. $ 8,996,378.13 9. Rodarte $ 9,024,830.50 10. Laser Underground $ 9,372,065.65 Timeliness & Standing. The City provided bidders with copies of all bids in accordance with RCW 39.04.105. FSW is submitting this protest on March 27, 2026, within two full business days of receipt of the copies of all bids. FSW has standing to file this protest as it is the lowest responsive and responsible bidder. Basis for Protest. The basis for this bid protest is (1) Earthworks' failure to provide a copy of its certificate of registration; and (2) Earthworks' failure to provide proof of registration of the electrical subcontractor with whom the bidder, if awarded the contract, will directly subcontract. The bidder's proof of registration and proof of certain subcontractors' registration(s) are required by the City's bid documents and by Washington law. Specifically, the bid documents directed bidders to provide their own "DEPARTMENT OF LABOR AND INDUSTRIES CERTIFICATE OF REGISTRATION" as well as a "SUBCONTRACTOR LIST". See Attachment A. The City's "Bidder's Checklist" states that it is "the responsibility of each bidder to ascertain if all the documents listed in the attached index are included," and asks, "Have you submitted the Subcontractor's List and proof of licenses? ... Have you submitted Dept. of Labor and Industries Certificate of Registration Form?" (Emphasis added.) In addition, the Specifications include a document entitled, "Subcontractor List To Be Submitted with the Bid Proposal" which directs bidders: "In accordance with RCW 39.30.060 as amended by House Bill 1633: For all public works contracts exceeding $1,000,000 the bidder shall submit with the bid the names of the licensed subcontractors and proof of license". (Emphasis added.) The City's Division 1 General Requirements state that "the Bidder shall submit" a completed Subcontractor List Form containing "1. Subcontractors who will perform the work of structural steel installation, rebar installation, heating, ventilation, air conditioning, and plumbing ... 2. The Work those subcontractors will perform ... and the proof of license when required as described in RCW 39.30.060". Division 1 General Requirements at 7 (emphasis added). "A proposal will be considered irregular and will be rejected if: ... (e) The Bidder fails to submit or properly complete a subcontractor list (WSDOT Form 271- 015), if applicable". Id. at 10 (emphasis added). The referenced statute, RCW 39.30.060(1), states: Every invitation to bid on a prime contract that is expected to cost $1,000,000 or more for the construction, alteration, or repair of any public building or public work of the state or a state agency or municipality under RCW 39.04.010 ... shall require each prime contract bidder to submit: (a) at the published bid submittal time, the names of the licensed subcontractors and proof of license with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC ... ; plumbing ...; and electrical ..., or to name itself for the work, if it is licensed to perform the work for which it has named itself. 3 1 P a g e (Emphasis added.) Based on the above, FSW submitted a copy of its certificate of registration issued by the Department of Labor and Industries with its bid proposal. In addition, FSW submitted a Subcontractor List which included an electrical subcontractor falling within RCW 39.30.060(1), as well as two other subcontractors in the structural steel and rebar installation categories. For each listed subcontractor — including the electrical subcontractor, West Coast Signal Inc. — FSW provided proof of license obtained from the Department of Labor and Industries' website. See Attachment A. Earthworks did not satisfy the bid documents. It did not submit its Department of Labor and Industries Certificate of Registration. Moreover, Earthworks' subcontractors' list included an electrical contractor, Service Electric Co., Inc., along with its license number, but no additional proof of licensing was provided. Attachment B. RCW 39.30.060 plainly requires more than just a license number; it requires "proof of license". Similarly, the City's bid proposal instructions require the subcontractor's list (which includes a space for "Contractor's WA License No.") and "proof of licenses". "Proof of license" is not simply a contractor's license number, because a license may be invalid, suspended or revoked. A contemporaneous print-out from the L&I website showing the contractors' current license status is therefore required. The information submitted by FSW, for example, is dated and time -stamped as of the date of the bid submittals: "3/25/26" at "12:30 PM" and "12:31 PM". The City has authority to waive "informalities and irregularities" in bid proposals if the variance is not material, i.e., if it does not confer a substantial advantage or benefit not enjoyed by other bidders. Quinn Construction Co., LLC v. King County Fire Protection Dist. No. 26, 111 Wn. App. 19, 27 (2002). Washington law does not, however, authorize municipalities to waive material violations or to convert mandatory bid submittals into optional guidelines after opening. Here, RCW 39.30.060(1) requires that proof of licenses be submitted at bid -time. It does not authorize post -opening submission of omitted proof. The City's bid documents repeatedly warned that the proof must be submitted and that it was in addition to the completed Subcontractors' List: "Have you submitted the Subcontractor's List and proof of licenses?" The bid documents also required bidders to submit a certificate of registration. Earthworks did not comply with either of the requirements discussed above. Therefore, its bid must be rejected as non -responsive. FSW requests that the City sustain its protest, reject Earthworks' bid and find FSW to be the lowest responsive and responsible bidder, and award the contract to FSW. Very truly yours, FURY SITE WORKS, C. Mike Day Vice President Attachments A-1, A-2, B