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RES 2002-1554 - Dore & Associates Contracting Inc appeals bid rejection for Gallup demolition and site grading phase II • • �R F C E �NE ° • Virginia A.Albers Law Offices { 1 James B.Cavanagh Lieben, John D.Ellsworth Whitted, 02 JUL -1 P T.Geo eS.y oug Lie tben Houghton, Robert W.Mullin John S.Slowiaczek Slowiaczek C 11 I CLERK Warren R Whitted,Jr. & Cavanagh O M HA.. NE 't. William G.Garbing Willow T.Head J.P.Sam King Michael C.Pallesen A Professional Corporation.L.L.O. 1, 2002 July Of Counsel Greg Jahn VIA HAND DELIVERY AND FIRST CLASS MAIL • Mr. Buster Brown City Clerk City of Omaha Omaha/Douglas Civic Center 1819 Farnam Street Omaha, Nebraska 68183 In re: Gallup Demolition and Site Grading Phase II, S.P. 00-08K Dear Mr. Brown: This firm represents Dore & Associates Contracting, Inc. ("Dore"), which was determined by the City to be the lowest and best bidder on the project designated as Gallup Demolition and Site Grading — Phase II, S.P. 00-08K. The City Council awarded a contract for the project to Dore and the Mayor subsequently executed the contract. Notwithstanding the award of the contract, on June 21, 2002, the City sent notice to bidders on the project that all bids had been rejected because of changed circumstances. Pursuant to Section 10-110 of the Omaha Municipal Code, Dore hereby objects to and appeals the rejection of its bid. The reasons for this objection and appeal are the following: 1) Having accepted Dore's bid and awarded a contract, the City is foreclosed from subsequently rejecting the bid. That is, the rejection is untimely; alternatively, 100 Scoular Building•2027 Dodge Street•Omaha,NE 68102• (402)344-4000•FAX(402)3444006 Mr. Buster Brown July 1,2002 Page 2 2) The "status and progress of litigation" are not the sort of changed circumstances for which the City can lawfully reject bids; and 3) With bids having been opened, and the other higher bidders now having knowledge of Dore's bid, Dore is deprived of the benefit of competitive, sealed bids. It is likely that upon re-bidding competitors will bid lower than Dore's initial bid to obtain the contract. For these reasons Dore & Associates Contracting, Inc. respectfully requests that the City Council accept its original bid on the Gallup Demolition and Site Grading - Phase II project,S.P. 00-08K. Very truly yours, David S. Houghton FOR THE FIRM DSH/mm 150921 • City o Omaha, W 6ras '<�o �B�P7r 1819 Farnam—Suite LC 1ePirli ®rt �'J alb Omaha, Nebraska 68183-0112 ct' . Buster Brown (402) 444-5550 7,0 City Clerk FAX (402) 444-5263 O44 I- July 2, 2002 David S. Houghton Lichen, Whitted, Houghton, Slowiaczek & Cavanagh 100 Scoular Building 2027 Dodge Street • Omaha, NE 68102 Dear Mr: Houghton: Please be advised that your request on behalf of Dore & Associates Contracting, Inc. to appeal the rejection of their bid submitted February 27, 2002 for "Project No. S.Y. 00- 08K, Gallup Demolition & Site Grading — Phase II" was received by the City Clerk on July 1, 2002 and will be presented to the City'Council of the City of Omaha on Tuesday, July 9, 2002. Please plan to be in attendance to present your appeal. The City Council meeting will be held in the Omaha/Douglas County Civic Center, 1819 Farnam Street, in the Legislative Chamber at 2:00 p.m. A copy of the agenda will be mailed to you on July 3, 2002, or may be obtained from the City of Omaha Web Site at "www.ci.omaha.ne.us". If you have further question,please contact me at 444-5557. Sincerely, aster Brown • City Clerk rl . bP7) o. oC � d c co n n H. O.cA 1 \ o ° Goo °, x l N O d �� p, * co 0 I cK !; r'' :-.12 \ i-d o Cr: Z ,P . 0CI .4 i co cMo ►-h -,,, O 1 ✓v CAD 6' '", " S 0 - °' z co y !' � � Cam ,. ►, (n L\r� Nis 7P' p `� \ ON 0 -• O U4 C ��- C ©