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Home My WebLink AboutR-99-0873J-99-978 11/16/99 10 z 0 RESOLUTION NO. c! " - 873 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING THE BID AWARD APPROVED PURSUANT TO RESOLUTION NO. 99-292, TO BELL & SON FENCE COMPANY, WHO HAS DECLINED TO PROVIDE AND INSTALL STEEL PICKET FENCING AT SIMPSON PARK FOR THE DEPARTMENT OF PARKS AND RECREATION; FURTHER AUTHORIZING THE AWARD OF THE BID TO FENCE MASTERS, INC., IN AN AMOUNT NOT TO EXCEED $93,306; ALLOCATING FUNDS THEREFOR FROM SAFE NEIGHBORHOOD PARKS BOND FUNDS, FOR CAPITAL IMPROVEMENT PROJECT NO. 331346, AS APPROPRIATED BY THE CITY'S ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCE NOS. 11705, AS AMENDED, AND 1.1839. WHEREAS, Resolution No. 99-292, adopted April 27, 1999, accepted the bid of Bell & Son Fence Company, in the amount of $69,973, to provide and install steel picket fencing at Simpson Park, for the Department of Parks and Recreation; and WHEREAS, Bell & Son Fence Company has declined to perform said work; and WHEREAS, the City Manager and the Director of Parks and Recreation recommend that the bid received from Bell & Son Fence Company, be rescinded, and that the bid received from Fence Masters, Inc. be accepted, as the next lowest responsive and CITY COMUSSION MEETING OF NOV 1 6 1999 Resolution No. Y responsible bid; and WHEREAS, funding is available from Safe Neighborhood Parks Bond Funds, as appropriated by the City's Annual Appropriations and Capital Improvement, Projects Ordinance Nos. 11705, as amended, and 11839, for Capital Improvement Project No. 331346; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The bid award approved pursuant Resolution No. 99-292, adopted April 27, 1999, to Bell & Son Fence Company, who has declined to provide and install steel picket fencing at Simpson Park for the Department of Parks and Recreation is hereby rescinded, and the award of said bid to Fence Masters, Inc., in an amount not to exceed $93,306, is hereby authorized, with funds therefor hereby allocated. from Safe Neighborhood Parks Bond Funds, for Capital Improvement Project No. 331346, as appropriated by the City's Annual Appropriations and Capital - 2 - 07- J-' 3 a,r Improvement Projects Ordinance Nos. 11705, as amended, and 11839. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.11 PASSED AND ADOPTED this 16th day of November , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approve'l of this legislation by signing it in the designated place provided, said legisiat`- ^� becomes effective with the elapse of ten (10) days fro the date of Commissic an regarding same, without the Mayor exer isin a et . ATTEST: Walter J. - . an, City Clerk WALTER J. FOEMAN CITY CLERK APP ATOORMND CORRECTNESS :t ATTORNEY 938:RCL:hdb:BSS If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. - 3 1 CITY OF MIAMI, FLORIDA 33 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: If -a onald H. Warshaw City Manager RECOMMENDATION: DATE: I DI - 2 1999 FILE: SUBJECT: Resolution Rescinding Award of Steel Picket REFERENCES Fence/Simpson Park Bid No. 98-99-068 ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution rescinding the award under Resolution No 99-292 to Bell & Son Fence Company for the provision and ins.tallation of steel picket fencing at Simpson Park. This resolution further awards the bid to Fence Masters, Inc. to provide said service at the bid price of $93,306.00. BACKGROUND: Resolution No. 99-292, adopted April 27, 1999, accepted the bid of Bell & Son Fence Company, in the amount of $69, 973 for the furnishing and installation of steel picket fence at Simpson Park for the Department of Parks and Recreation. Bell & Son Fence Company has notified the City in writing that they decline the contract awarded for Simpson Park under Bid No. 98-99-068. Therefore, we are recommending award of this contract to Fence Masters, Inc., (the next lowest responsive and responsible bidder) for a total amount not to exceed $93,306. DHW /AR/sb V tj 5 � 3 AR/MP/sb TO: Donald H. Warshaw City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE SUBJECT: FROM: REFERENCES: Alberto R r, Director U Parks an ecreation Department ENCLOSURES: October 7, 1999 FILE: Steel Picket Fencing at Simpson Park The Parks and Recreation Department has verified that funds are available with the Department of Management and Budget to purchase and install steel picket fencing at Simpson Park. This bid was originally awarded to Bell & Son Fence Company, which will not be able to perform the work as required. We have therefore awarded the bid to Fence Masters, Inc. the next lowest responsive and responsible bidder for a total not to exceed $93,306. Funds are available from Capital Improvement Project No. 331346, appropriated under Section IV of the City's General Appropriation Ordinance No. 11748, as amended, adopted January 12, 1999. Budgetary Review and Approval: Luie Biennan, Interim Director (, Dept. of Management and Budget Additional Approvals: Pilar z-Butl CIP Administrator Dept. of Management and Budget Please indicate below your approval or n proval his request. (N Appro o H. Warshaw City Manager 009— 873 ALSERTO RUDER Director September 30, 1999 Gary Bell, President Bell dt Son Fence Company 2312 SW SP Avenue Hollywood, FL 33023 Tifg ictf 4ffiarai t h 3.' Q DONALD H. WARSHAW • �� it"' �at� �3 UI: I - City Manager Sent via Certified Wail: Z 503 Dear Mr. Bell: According to she terms of the bid for the City Cemetery and Simpson Park to which your firm responded, the work and the bid cantemplate i completion within h (testy) business days from the date of issuance of the purchase order. The 30 (d ty) business days contemplated was a concall, t period and not successive periods. Our records indicate that the purchase order was issued for the matter on June 4, 1999. To date, despite the City's several attempts to resolve this matter and more than 90 (ninety) days since purchase order generation, the City Cemetery project has not recognized any substantial progroiL _ At this point, I cannot recommend that the City continue to wait Beyond the general concern of public =` issue, the public interest m this project requires that I act swiftly on. this matter • If the project, fags to show substantial completion within 10 ten calendar � ��' �P (ten) days and/or Simpson Park has rid"''�`;=� �` '•:- : commenced, I will be malting a recommendation to the City Mager that the contrad(s) be terminated and another vendor be identified According to our records, as of the date of this letter, an amount of S5,000 in liquidated damages has accrued on this job (includes both the City Cemetery and Simpson Park). As indicated in Section 3.18 of your contract, the liquidated damages will continue to accrue on this job at a rate of $100 "for each and every calendar day the work remains incomplete". Finally, it has come to our attention that you never obtained the required building permits prior to commencing the installation of fencing at the City Cemetery (see attached September 23, 1999 Notice of Violation letter). You are directed to immediately resolve this matter and to pay all fees and penalties (if any) that are required by the City. Sincerely yours, Albert Ruder, ,. Director AR/dg c: Donald H. Warshaw, City Manager Raul Martinez, Assistant City Manager Marva L. Wiley, Special Assistant to the City Manager Judy S. Carter, Director, Department of Purchasing Alejandro Vilarello. City Attorney Attachment -- 3 DEPARTMENT OF PARKS AND RECREATION 444 S.W. Ind Ave., 8th Floor/P.O. Box 330708 Miami, Fl. 331JJ•070tV(305) a 16-IJ00/Fax: (305) •t 16.2154 , Tug Of 4HTamt ALBERTO RUDER Director October 29, 1999 Mr. Gary Bell, President Bell and Son Fence Company 2312 S. W. 58" Avenue Hollywood, Florida 33023 Re: Bid No. 98-99-0168 Fencing at Various Parks Dear Mr. Bell: DONALD H. WARSHAW City Manager By Certified and Regular Mail As you are aware, Bell and Son Fencing Company (Bell and Son) was awarded the furnishing and installation of a steel picket fence at Simpson Park. According to the specifications of the Invitation for Bid (IFB), Simpson Park had been designated a "priority park." On June 3, 1999, Bell and Son was issued Purchase Order No. 904425 in the amount $75,090.00, which reflected, in accordance with the bid specifications, "all work must be done no later than 30 days after issuance of Purchase Order." Following several communications between Bell & Son and Parks staff, I sent a certified letter dated September 30, 1999 advising Bell and Son that "if the City Cemetery project fails to show substantial completion within ten (10) calendar days and/or. Simpson Park has not commenced, I will be making a recommendation to the City Manager that the contract(s) be terminated and another vendor be identified." According to my staff, no work has commenced as of today at Simpson Park. Because of your failure to adhere to the time requirements of the IFB, and as no fencing work has commenced by Bell and Son at Simpson Park since its letter dated September 30, 1999, please be advised that the City has found Bell and Son in default of its contract. As a result, a recommendation will be made to the City Commission to rescind the award to Bell and Son, and award the installation of a steel picket fence at Simpson Park to the next lowest responsive and responsible bidder. ft 09-- �13 DEPARTMENT OF PARKS AND RECREATION 444 S.W. 2nd Ave., 8(h Floor/P.O. Box 330708 Miami, FL 33233-0708,'(305) 416-1300/Fax: (305) 416-2154 This issue has also been forwarded to our City Attorney's Office to pursue all appropriate remedies. Recommendation for contract rescission and award to the next lowest responsive and responsible bidder is scheduled for the City Commission Meeting of Tuesday, November 16, 1999 beginning at 10:00 a.m. Following City Commission action, Purchase Order No. 904425 will be canceled by the City. Sincerely, 4, - FT "> Alberto Ruder Director c: Donald H. Warshaw, City Manager Raul Martinez, Assistant City Manager Judy Carter, Chief Procurement Officer Alex Vilarello, City Attorney f �'Q�~ 873 L, 01 . _ ,... a:.tV. Im CITY OF MIAMI AWARD SHEET BID NO.9E-99-068 ITEM: Installation of Steel Picket Fencing (DEPARTMENT: Parks and Recreation TYPE OF PURCHASE: Contract REASON: The Parks Department has deemed it necessary rescind award of bid from Bell and Son Fence Company. RECOMMENDATION: It is recommended that award be made to Fence Masters, Inc. the next lowest responsive and responsible bidder to install steel picket fencing at Simpson Park, to be purchased under Bid No. 98- 99-068, at the bid price of $93,306.00; allocating funds therefor from Capital Improvement Project No. 331346 appropriated under Section IV of the City's General Appropriation Ordinance No. 11748 as amended. AwardSheet V 9 w 873