HomeMy WebLinkAbout04-16-2026 - City Response to bid protest from Fury Site Works
April 16, 2026
Mr. Mike Day, Vice President
Fury Site Works, Inc.
P.O. Box 2118
North Bend, WA 98045
Sent via e-mail to: mike@furysiteworks.com on April 16, 2026
RE: Notice of Contract Execution.
Bid Protest for Highlands Reservoir Water Main Improvements Project CAG -26-001
Dear Mr. Day:
The city received your attached Notice of Bid Protest Letter dated March 27, 2026, in the attached
email received on Tuesday, March 31, 2026, at 12:29 p.m., following the bid opening held on
Wednesday, March 25, 2026, at 2:00 p.m.
Timeline for Protest:
Pursuant to subsection (2) of RCW 39.04.105, Competitive Bidding—Written Protest—Notice of
Contract Execution, a bid protest must be filed within two full business days following the date
the municipality provides copies of the bids to bidders who requested them under subsection (1).
Intermediate Saturdays, Sundays, and legal holidays are not counted.
The city received Fury Site Works Inc.’s e-mailed request for copies of the submitted bids on
Thursday, March 26, 2026, at 7:21am. and provided the requested documents via e-mail the same
day at 8:38 am. Accordingly, the deadline to file a bid protest was Monday, March 30, 2026. The
city did not receive your e-mailed Bid Protest Letter until Tuesday, March 31, 2026, at 12:29 p.m.,
one day after the statutory deadline.
Basis of Protest:
Notwithstanding the above, the city reviewed the substance of your protest. The protest asserts
that the apparent low bidder, Earthwork Solutions LLC, failed to include a copy of its Certificate of
Registration and did not provide proof of registration for the electrical subcontractor with whom
the bidder would directly subcontract if awarded the contract.
Material Review and Determination:
Fury Site Works, Inc.
Page 2 of 2
Upon review of submitted bids, the City determined that Earthwork Solutions LLC provided the
required information related to contractor and subcontractor licensing and registration in
accordance with the bid documents.
The Certificate of Registration form (Attachment A) included in the bid package specifies that a
copy of the certificate will be requested after bid submittal as part of contract execution upon
contract award. The bid submitted by Earthwork Solutions LLC included all required information
on this form, including the registration number and expiration date. City staff verify license status
prior to contract award using the Washington State Department of Labor and Industries database,
as registration status may change at any time.
Similarly, the Subcontractor List form (Attachment B) does not require submission of a copy of the
electrical subcontractor’s registration certificate as proof of license with the bid. The
Subcontractors List form requires the bidder to provide the subcontractors license number as
proof that the subcontractor is licensed. As part of the bid evaluation process, the city verifies
subcontractor registration status through the Washington State Department of Labor and
Industries website using the subcontractor’s name and license number provided on the
Subcontractor List.
Notice of Contract Execution Per RCW 39.04.105
As a courtesy, the City provides at least two full business days’ written notice to the protesting
bidder of the City's intent to execute a contract.
The City intends to award the contract CAG-26-001 Highlands Reservoir Water Main
Improvements Project to Earthwork Solutions LLC at the City Council meeting on Monday, April
27, 2026. Execution of the contract will follow the award when the contract is assembled for
signature.
Please contact Abdoul Gafour by phone at 425-430-7210 or via email at Agafour@rentonwa.gov, if
you have any questions regarding this determination.
Sincerely,
Ron Straka, P.E.
Utility Systems Director
Public Works Department
cc: Abdoul Gafour
Ken Srilofung
Attachments (4)