The URL can be used to link to this page

Home My WebLink AboutR-97-0530• J-97- 515 07/16/97 RESOLUTION 9 530 A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST OF S & C CONSTRUCTION, IN CONNECTION WITH BID NO. 96-97-091, PROJECT #B-5590, WATSON ISLAND SANITARY SEWERS, AS IT HAS BEEN DETERMINED TO BE WITHOUT MERIT. WHEREAS, the City of Miami advertised for competitive bids, through Bid. No. 96-97-091, to construct a sanitary sewer collection system on Watson Island, including duct structures, a pump station and appurtenances, and a force main; and WHEREAS, on June 3, 1997, the City of Miami received ten (10) responses to this bid; and WHEREAS, the apparent, lowest responsive and responsible bidder is Ric -Man International, Inc., (Ric -Man ); and WHEREAS, S & C Construction Co., Inc., (S & C), the second lowest bidder, submitted a protest on June 6, 1997, alleging that Ric -Man failed to comply with the State of Florida's requirement for holding a Qualifying Business License; and WHEREAS, S & C also alleged that the project's scope of work requires the participation of a licensed general contractor, and that Ric -Man does not hold such a license; and CITY COMOSSION MEETING OF JUL 2 4 1997 Resolution No. 97- 530 WHEREAS, the Chief Procurement Officer, pursuant to Sec. 18-99 of the City of Miami Code, investigated the matter and determined that S & C's protest lacked merit, because (i) Ric -Man was not required to hold and submit a Qualifying Business License (QBL) at the time of bid submission; (ii) the failure to hold the QBL can be cured and Ric -Man has already made an application for the QBL; and (iii) Ric -Man is a State certified Underground Utility & Excavation Contractor and, as such, is qualified to perform the work specified in the City's bid without the need for holding a general contractor's license; and WHEREAS, the above findings are supported by a written ruling from the State of Florida's Construction Licensing Board, issued on July 15, 1997, at the request of the Chief Procurement Officer; and WHEREAS, the City Attorney and the City Manager approve the Chief Procurement Officer's decision to reject the protest of S & C Construction Co., Inc., 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 rejection of the protest of S & C Construction Co., Inc., in connection with Bid No. 96-97-091, Project #B-5590, Watson Island Sanitary Sewers, is hereby approved. 2 97- 530 Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this24th day of July 1997 JOE CAROLLO, AYOR ATTEST: 4LTER��41,EOE4,MN. ITY CLERK PREPARED AND APPROVED BY: 40 ,07 RAFAEL O. DIA DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 97- 530 • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members DATE of the City.Commission SUBJECT FROM: REFERENCES: �d arquez ENCLOSURES: City Manager • 37 JUL 1 7 FILE Rejection of Protest Received from S & C Construction Co., Inc. Resolution RECOMMENDATION: It is respectfully recommended that the City Commission approve the Chief Procurement Officer's decision to reject the protest of S & C Construction Co., Inc., (S & C) in connection with Bid No. 96-97-091, Project #-5590, Watson Island Sanitary Sewers, as it has been determined to be without merit. BACKGROUND: On June 3, 1997, the City of Miami received ten (10) bids in response to Bid No. 96-97- 091. The apparent, lowest responsible and responsive bidder was ' Ric -Man International, Inc., (Ric -Man). S & C, the second lowest bidder, submitted a protest to the Chief Procurement Officer on June 6, 1997, alleging that Ric -Man did not hold a State of Florida Qualifying Business License, (QBL). S & C also alleged that the bid's scope of required the participation of a licensed general contractor to construct the project's pump station. The Chief Procurement Officer, pursuant to Sec. 18-99 of the City Code investigated the matter, including requesting a ruling from the State of Florida's Construction Licensing Board (Board). It was determined that a QBL was not required at the time of bid submission and that this is curable by application to the State of Florida. By a written ruling issued on July 15, 1997 by the Board, it was determined that Ric -Man, a state certified Underground Utility & Excavation Contractor, was qualified to perform the bid's scope of work, including construction of an underground pump station. Therefore, the protest of S & C' Construction Co., Inc., was determined to be without merit. Enc. Resolution 97- 530 1 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Edward Marquez, .City Manager DATE: July 16, 1997 FILE A. Quinn Jones, III, City Attorney SUBJECT. Rejection of Protest Received from S & C Construction Co., Inc. FROM: Jud Fcurnt REFERENCES: - Chi ffficer ENCLOSURES. I hereby request your approval of my rejection of the protest by Ricardo Aparicio, on behalf of S & C Construction Co., Inc., relative to the above noted bid for Watson Island Sanitary Sewers. . The basis for my decision, as set forth in the attached letter, is the fact that S & C Construction's protest is without merit. APPROVED: APPROVED: 13 97- 530 3 W talII� taZYCp JUDY CARTER Director July 16, 1997 Mr. Ricardo Aparicio, Esq. Law Offices of Ricardo Aparicio P. O. Box 350234 3292 NW 19 Terrace Miami, FL 33135 Dear Mr. Aparicio: Re: Protest on Bid #96-97-091, Project #13-5590 Watson Island Sanitary Sewers EDWARD MARQUEZ City ,Manager BY FAX & REGULAR MAIL As Chief Procurement Officer of the City of Miami, I have received your formal protest dated June 6, 1997, on behalf of S & C Construction, relative to the above noted bid. Pursuant to my duties under Section 18-99 of the City of Miami Code, Resolution of protested solicitations and awards, I met and spoke with employees and state officials, reviewed the pertinent documents, and researched the issues. You allege that the apparent low bidder, Ric -Man International, Inc. (Ric -Man), does not appear to hold a Qualifying Business License, as required by Chapter 489, Florida Statutes. Further, you state that Ric-Man's "failure to comply with this State requirement constitutes a material violation of the regulations governing the practice of construction in the State of Florida, and as such is not curable." Pursuant to a written ruling, issued on July 15, 1997, by the State of Florida's Construction Industry Licensing Board (Board), a Certificate of Authority/Qualifying Business License (QBL) is required of "all construction businesses, other than individuals and sole proprietors." In accordance with F. S. 489.119, the State uses the QBL to track the officers and qualifiers of these construction businesses. The solicitation issued by the City did not require, as a prerequisite to bid submission, that the bidder hold and submit a QBL with the bid. The City did, however, require, as a prerequisite to submission of a bid, that the bidder"hold a valid Certificate of Competency in the appropriate trade required for the work." The City also required that the bidder submit a copy of the Certificate with the bid. Albeit, at the time of submission, Ric -Man did not have a Certificate of.Authority/Qualifying Business License; it was not a prerequisite to the submission of a bid. We have determined that this is not a material violation of the regulations and as such is curable. According to the Board, Ric -Man can apply for the DEPARTMENT OF PURCHASING/444 S.W. 2nd Avenue, 6th Floor/Miami, Florida 33130/(305) 416-1900/Fax: (305)416-1925 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 ' 5 9 - 530 Ricardo Aparicio, Esq. Bid Protest - Watson Island ry Sewers Page 2 license. We have received proof that Ric -Man. has made application for the QBL. (See Exhibit #1). You also allege that the scope of work covered by the bid requires the participation of a Licensed General Contractor to. construct the pump station and that the apparent low bidder (Ric -Man) does not hold such a license. The Board ruled that F. S. 489.105(3)(n) and board rule 61 G4-12.01 qualify an Underground Utility Contractor to do the work described in the bid specifications, including constructing an underground pump station. The Board deemed Ric -Man, a State of Florida certified Underground Utility & Excavation Contractor, qualified to do the work. A copy of Ric-Man's license was properly submitted with the bid. (See Exhibit #2). The City Manager and City Attorney have approved my decision. Please find attached a copy of the written ruling issued by the State of Florida's Construction Industry Licensing Board. (See Exhibit #3). This matter will be considered by the City Commission at its meeting of Thursday,July 24, 1997, to be held at 3500 Pan American Drive, Coconut Grove. The meeting will begin at 9:00 a.m. . Sincerely, d S. Ca C ' f Procurement Officer/Director C: Edward Marquez, City Manager A. Quinn Jones, III, City Attorney Olga Ramirez-Seijas, Assistant City Attorney James Kay, Acting. Public Works Director .Bid File Enc. 0 14 : _'o - • LI10 - Ver 01-11 Florida SPR FutL•owated Systems 06/26/97 Function: (CI) I LICENSING 14:19:04 >>---------------------> LICENSE HMTER (I OF 5) <--------------------« OCC: QB LIC: VBR: 0008454 LIC TYPS: ID NBR_ 592300398 ID TYPE: F F£ID iiAME: RIC-MAN INTERMATIORAL INC DOB: OCC.'UP: QUALIFIED BUSINESS ORGANIZATION ORG LIC: 6 26 97 ' CLASS: SERIES: BUSTNrsc: DBR: EFFECTIVE' 06/26197 EXPIRES: SPECIALTY: ----- PRO_ILE MAILING -------------------- LOCATION------------ 2601'RW 48TH ST ; CITY- P014PARO REACH STATE: FL S CITYt STATB: COUNTY: BRCRARD ZIP:. 33073 - ; COUNTY: ZIP: - —=-------------------------- STATUS -- ------ LICg:SE: A ACTa v"z i(ILI- tRY (Y) : RUrURbt MAIL: PROCESSING: TI ^'O BE ZSSUE 3' E.*,D C' --Y, (Y) : DISFENSISG (Y) : BD ACTION: REFUND [Y) : KULTIPLE LIC M : BD ACTION DATE: DATE: NEXT YM: FASTPATH: FI-KELF F3-5 B MENU F4-EXIT F10-FOitWEARD Y12-MAIN MENU cc, I BEST 199.250.21.49 EXHIBIT 1 0'7- 530 Act 4 9 S 9 5 5 4 STATE OF FLORIDA Department of Business and Professional' Regulation CONST INDUSTRY LICENSING BOARD )7/25/1996(96900492 I CU-0044220 The DERGROUND UTILITY & EXCAVATION CONTRACTOR ?lamedVelow IS CERTIFIED Under the provisions of Cha�ppter 489 , FS. Expiration date: A U G 31 , 4000 _ EXHIBIT 2 MANCINI, DAVID ALLAN RIC—MAN INTERNATIONAL INC 2601 NW 48TH ST POMPANO BEACH FL 33073-3017 LAWTON CHILES RICHARD T. FARF GOVERNOR DISPLAY As REQUIRED BY Law SECRETARY 8 you t+u are rCo ,. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION �'. Lawton Chiles Richard T. Farrell �ooDyyt4"' � Governor Secrrtaru jury 15, 1997 Ms. Judy Carter, Director/Chief Procurement Officer Department of Finance/Procurement Management Division City of Mami 444 S.W. 2nd Avenue, 6th Floor Miami, FL 33130 Dear Ms. Carter: I referred your letter of June 26, 1997 to the Florida Construction Industry Licensing Board for an interpretation of the scope of work of the Watson Island Sanitary Sewer Project. Florida Statute 489.105(3)(n) defines the scope of work of Underground Utility Contractors. Board rule 61G4-12.011(6) gives a definition of a Main Sanitary Sewer Collection System that is part of the scope of work of nn Underground Utility Contractor. Based on your description of the Watson Island Sanitary Sewer Project detailed in your letter of ,tune 26, 1997, an Underground Utility Contractor qualifies to do the work according to Florida Statute 489. An underground utility contractor can also construct an underground pump station. We require a Certificate of Authority/Qualified Business Organization license of all construction businesses other than "an individual" and a "a sole proprietorship." F.S. 489.119 references this requirement. It enables us to "tracr the officers of the business in addition to the "qualifier" of the business. Ric -Man International, Inc. is qualified by an Underground Utility Contractor to do the work described in your letter of June 26, 1997. They do not have a Certificate of Authority/Qualified Business Organization license. They can however, apply for the license. If you need additional information or have other questions, please let me know_ Si iy, y L.. H Exec uAdve Di or C. CILS members Stuart Wilson -Patton EXHIBIT 3 iDWSION Ol+ PROFESSIONS COS ISTRUCTION INDUSTRY L3CENSWCr BOARD 790 AdijOm EMW' y, Suite 300 lackwa, i@q Hodda 322114467 Td9how (904) 727-6530 7-0'd 00:17T Z6, ST Inf 2Z92-ZZZ-b06:xPJ 97- 530 FI0 0 0 2�w VA17-w- C/ VELEPHONE 305)633-1623 1 June 6, 1997 Ms. Judy Carter, Chief Procurement Officer P.O. BOX 350234 3292 N.W. 19 TERRACE MIAMI. FLORIDA 33135 City of Miami 444 SW 2"d. Avenue o Riverside Center 6 h. Floor n Miami, Florida 33130 c� Reference: Bid Protest Bid No. 96-97-091 Watson Island Sanitary. Sewers, B-5590 Dear Ms. Carter. This office represents S & C Construction Co. Inc. on the above captioned bid. Pursuant to Section 18-56.1 of the Code of the City of Miami, this letter constitutes a formal protest of the bids submitted June 3,.1997 on said project. After review of the public records, the apparent low bidder, Ric -Man International, does not appear to hold a Qualifying Business License, as required by Chapter 489, Florida Statutes. We believe that the failure to comply with this State requirement constitutes a material violation of the regulations governing the practice of construction in the State of Florida, and as such is not curable. We also believe that the scope of work covered by the bid, more specifically the construction of the pump station, requires the participation of a Licensed General Contractor, and that the apparent low bidder does not hold such a license. This would also constitute a material violation of the regulations governing the practice of construction in the State of Florida, and the City of Miami, and as such, is not curable. 97- 530) 11 Therefore, based on the aforementioned information, we respectfully request that the City of Miami, reject the apparent low bid on the referenced project, and award the Contract to the low responsive bidder, S&C Construction Co. Inc. cc. S&C Construction Co. Inc. enclosures: Bond S&C QB License, copy S&C GC License, copy 12 97_ 530