HomeMy WebLinkAbout4.04 Award of Bid 93-11 CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 13, 1993
SUBJECT:
Award of Bid - Pervious Concrete Project,
Contract No. 93-11
Report by Public Works Director Lee Thompson
EXHIBITS ATTACHED:
1)
2)
3)
4)
Resolution of Award
summary of Bids
Protest Letter from AMBO Engineering Company
Declaration by Robert Harris
RECOMMENDATION: ~/1)
Adopt resolution overruling protest and awarding bid
to Harris & Harris Construction
Authorize Mayor to execute Agreement.
FINANCIAL STATEMENT:
The Dublin City Council approved the Agreement with Alameda
Flood Control and Water Conservation District on May 24,
1993. The Agreement states that the pilot project will
be funded by the Alameda County Urban Runoff Clean Water
Program. The total amount paid by the District to Dublin
shall not exceed the sum of $33,600.00. This also includes
engineering, inspection and testing.
Construction Budget
Low Bid
$26,400.00
25,906.42
DESCRIPTION: The Alameda County Urban Runoff Clean Water Program
(ACURCWP) has set aside $300,000 to encourage agencies to propose pilot projects to
improve the storm water quality in a cost effective way. The pervious concrete/sand
filter project for the Shannon Community Center parking lot is one of the pilot
projects chosen to be fully funded by the ACURCWP.
Pervious concrete is a mixture of gravel and cement with air voids that allows water
to pass through while still supporting light vehicle traffic. The filtering sand is
a mixture of sand particles that are blended to filter out the heavy metals and
hydrocarbons typically found in storm water runoff. The sand that becomes saturated
with pollutants can later be disposed of by mixing it in with base rock for roadway
construction.
Two (2) concrete filter structures 1 1/2 feet wide by 2 feet deep will be
constructed, one 35 feet long and the other 20 feet long. This concrete channel
will be filled with sand and covered with 5-foot long pervious concrete covers.
resulting box will act as a filter to remove some of the hazardous material from
storm water which flows down the creeks to the San Francisco Bay.
The
At its meeting of August 9, 1993, the City Council authorized Staff to advertise for
bids for Contract No. 93-11, Pervious Concrete Project. The City received a total
of four (4) bids for the project (see attached bid summary). The low bidder was
Harris & Harris Construction with a bid of $25,906.42.
Mr. Samuel A. Sposeto of AMBO Engineering, the second low bidder, has filed a
protest with the City claiming that there is a conflict since Mr. Harris of Harris
and Harris Construction is still a stockholder and director of AMBO Engineering.
Staff and the City Attorney have,reviewed documents submitted by Mr. Harris and are
convinced that there was no collusion involved in Mr. Harris's bid.
Staff has reviewed the low bidder's proposal and recommends that the City Council
award the bid to the low bidder, Harris & Harris Construction.
a:(93)pervious~agstawrd
ITEM NO.
O I a r r i LERK
RESOLUTION NO. -93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AWARDING CONTRACT 93-11, PERVIOUS CONCRETE PROJECT
TO H~/~RIS & HARRIS CONSTRUCTION
WHEREAS, the City of Dublin did on September 1, 1993, publicly open examine,
and declare all sealed bids for doing the work described in the approved Plans,
Specifications, and Modifications for Contract 93-11, Pervious Concrete Project,
authorized by the City Council on August 9, 1993, which Plans, Specifications, and
Modifications are hereby expressly referred to for a description of said work and
for all particulars relative to the proceedings under the request for bids; and
WHEREAS, said bids were submitted to the City Engineer, who has reviewed the
bids to determine the lowest bid which was responsive to the requirements of the bid
documents; and
WHEREAS, Mr. Samuel Sposeto of AMBO Engineering, Inc., has filed a protest
against awarding the bid to Harris & Harris, challenging the "responsibility" of the
low bidder; and
WHEREAS, in response to the protest, Harris & Harris Construction filed a
declaration executed by Robert Harris declaring that Harris had not consulted or
discussed with or obtained from anyone from AMBO Engineering, Inc., any information
regarding any aspect of the bid for this project, and that Harris had acted
independently from and without collusion with anyone from AMBO in preparation of
Harris & Harris' bid on the~subj~ project; and
WHEREAS, the City ~cu.~, having reviewed the protest and the response to the
protest, determines the pko~st to be without merit;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does hereby award Contract 93-11 to the lowest responsible bidder therefor, to wit,
Harris & Harris Construction, at a bid of Twenty-Five Thousand Nine Hundred Six
Dollars and Forty-Two Cents ($25,906.42), the particulars of which bid are on file
in the office of the City Engineer.
PASSED, APPROVED AND ADOPTED this 13th day of September, 1993.
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
a:(projects)~perviouslresoawrd
TOTAL $ 30.060.00
27.439.60
33.286.00
RICIIYED
PUBLI ORK$
September 2, 1993
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: Lee S. Thompson,
Public Works
Director
Re: Project #9311, Pervious Concrete Project
Dear Mr. Thompson;
This is a letter of protest against the award of the above referenced
project to the apparent low bidder Harris and Harris Construction
Co.. This protest is based on the fact that Mr. Robert J. Harris,
owner of Harris and Harris Construction Co., is also an active
director and shareholder in Ambo Engineering, Inc., the second low
bidder on this project.
As President of Am.bo Engineering, Inc. it is my duty to inform you
of this fact. It is also my opinion that the Harris and Harris bid
should be rejected based on the state and federal specifications for
bidding under the non-collusion and disclosure guidelines.
We have requested Mr. Harris to refrain from bidding under the Harris
and Harris Construction Co. name on any projects for which Ambo
Engineering, Inc. is in the process of submitting a bid. However,
Mr. Harris is ignoring the fact that he is an active participant in
Ambo Engineering, Inc. while he continues to bid on these projects.
Ambo Engineering, Inc. has no control over Mr. Harris, nor can we be
held responsible for his actions. The fact that Mr. Harris is acting
independently from this corporation should not jeopardize the award
of this project to Ambo Engineering, Inc. as being the qualified low
bidder upon the rejection of the Harris and Harris bid.
u have any questions regarding this
Samuel A.~oseto
President
situation, please call me.
ss/is
34151 ZWISSIG WAY * UNION CITY, CA 94587 · (510) 487-2424 · LICENSE NO. 310292
Ham'is & Harris Construction
Lic. No. 594-366 Class 'A'
4265 Garibaldi Place
Pleasanton, CA 94566
(510) 462--0657
August 2, 1993
BY PERSONAl, DELIVERY
Lee S. Thompson, Public Works Director
The City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: Project #9311, Previous Concrete Project
Dear Mr. Thompson:
The following is my declaration that you requested regarding the above described
bid:
On June 30, 1993, my employment and all work and management
responsibilities at AMBO Engineering, Inc. were terminated.
. · Although I am currently an ow. ncr of 4%1/2% of the. shares.of AMBO
Engineering, Inc., and am on the board of &rectors, I am at!erupting to &vest myself of
all interests in AMBO Engineering, Inc., including, but not hmited to, offering to sell my
shares to the other shareholders, asking that the corporation proceed with a voluntary
dissolution, and if necessary, the commencement of an action for invohmtary dissolution
in the next several weeks if a mutual agreement cannot be reached by the parties
involved in the very near future.
I never consulted or discussed with. obtained from or provided to anyone
from AMBO Engineering, Inc., any information regarding any aspect of the bid for the
above described project.
· I acted independently from and without collusion with anyone from AMBO
Engineering, Inc., in my preparation of the bid on the subject project.
Neither AMBO Engineering, Inc. nor anyone associated with AMBO
Engineering, Inc., other than myself, owns any interest in Harris & lIarrls Construction,
Lee S. Thompson, Public Works Director
September 3, 1993
Page 2
or is otherwise employed by or associated with Harris & Harris Construction.
I declare tinder penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Dated: September 3, 1993
R~rt J. Harris