Council approves lead service‑line replacement notice of intent after original low bidder withdraws; staff to tighten bid notice process

The council voted unanimously Wednesday to authorize a notice of intent to award a $3,410,845 contract for the city’s 2025 lead service‑line replacement program to Miller Trucking & Excavating after the apparent low bidder, McClintock Trucking & Excavating, withdrew its bid. City staff told the council that McClintock informed the city it was withdrawing shortly after the 120‑day period during which bidders are required to hold their bids. Staff said the city had emailed McClintock on the last day of that 120‑day period but lacked proof the email had been received; the firm maintains it received notice only after the 120‑day window, allowing statutory withdrawal under the bid terms. Staff said Miller was willing to hold its bid beyond the 120‑day period and was therefore the recommended bidder. When asked by Alderman Timmyen about the circumstances, staff explained that the Illinois Environmental Protection Agency (IEPA) processing for the loan agreement took longer than usual and that the city could not proceed with an intent to award until IEPA processing was complete. Council members pressed staff on whether McClintock’s withdrawal raised any ongoing legal issues or future debarment concerns. City attorneys and staff said McClintock’s withdrawal did not meet the standard for formal debarment because the firm withdrew after the bid‑hold period expired and there was no provable failure by the city to notify in time. Staff said they would adopt stronger proof‑of‑delivery practices — either read receipts for emails, certified mail, or in‑person delivery — for future bid notices to prevent similar disputes. The motion to authorize the notice of intent to award to Miller Trucking and Excavating passed 8‑0 on roll call. Staff said the award allows the city to expedite the IEPA loan agreement and start the program to replace lead service lines as soon as financial arrangements are in place. No council action was taken against McClintock; staff said the city retains a debarment process for bidders who withdraw early in ways that violate bid documents but that the present facts did not meet that standard.