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HomeMy WebLinkAboutR-98-0776J-98-793 7/21 /98 RESOLUTION NO. 9 8 — 776 A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST OF AARYA CONSTRUCTION & DESIGN, INC., IN CONNECTION WITH BID NO. 97-98-140 FOR THE PROJECT ENTITLED "BAYFRONT PARK - APRONS & SOUTH END WALKWAYS CONSTRUCTION, PROJECT B-3264", AS IT HAS BEEN DETERMINED TO BE WITHOUT MERIT. WHEREAS, the City of Miami advertised for competitive sealed bids, through Bid No. 97-98-140, for Bayfront Park Aprons and South End Walkways construction; and WHEREAS, on July 2, 1998, the City of Miami received four responses to this bid; and WHEREAS, the apparent lowest bidder, AARYA Construction & Design, Inc. (AARYA), was determined to be non -responsive; and WHEREAS, AARYA filed a formal written protest alleging that the bid of RJB Builders Corporation, the second lowest bidder, had similar flaws; and WHEREAS, the Chief Procurement Officer properly delegated all duties to a COT ,u +. z 1 use 9AB="'�76 Purchasing Agent with the City Manager's approval, pursuant to Sec. 18-72 of the City Code; and WHEREAS, the Purchasing Agent investigated and made the finding, pursuant to Sec. 18-99 of the City Code, that the response of RJB Builders Corporation did not have similar flaws and the AARYA bid was properly deemed non -responsive; and WHEREAS, the Purchasing Agent made the finding that the protest of AARYA lacked merit; and WHEREAS, the City Attorney and City Manager have approved the ruling to reject the protest of AARYA, which resulted from the application of Section 18-99 of the City Code; 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 Chief Procurement Officer's decision to reject the protest of AARYA Construction & Design, Inc. in connection with Bid No. 97-98-140, for the project entitled "Bayfront Park Aprons and South End Walkways Construction, 9 8 - 776 Project B-3264" is hereby approved as it has been determined to be without merit. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor'. PASSED AND ADOPTED this 21st day of July , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not ind+c2te 24n— I �-,f this legislation by signing it in the designated place 'Faic., ac.- la, becomes effective with the elapse often (10) days from the date of Ccmmissc.r c , ATTEST: regarding same, without the Mayor azx . 4; e J. 4ity Clerk WALTER J. FOEMAN CITY CLERK CORRECTNESS,t,*' - W2809:CSK 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- 98- 776 TO: Donald H. Warshaw City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 30 A DATE: July 15, 1998 FILE: SUBJECT: Bayfront Park Aprons and South End Walkways FROM: REFERENCES: James J. K , Dire r ENCLOSURES: Department of Public Works This department has received a letter of intent to protest from Aarya .Construction and Design, Inc., for the award of a contract tb RJB Builders :Corp., for the subject project. This item must be resolved at the July 21, 1998, City Commission meeting in order to proceed with the project by this summer. JK/jag 98- 776"