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Home My WebLink AboutR-93-0770J-93-884 12/6/93 RESOLUTION NO. 9 3 - 7 7 0 A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST OF SHORELINE FOUNDATION, INC. (SHORELINE), IN CONNECTION WITH PROJECT H-1014C, FOR REPAIRS AND RESTORATION OF PILINGS AT THE MIAMARINA, AS IT HAS BEEN DETERMINED TO BE WITHOUT MERIT. WHEREAS, on October 5, 1993, the City of Miami advertised invitations for bids, via Project H-1014C, for emergency repairs and restoration of pilings at the City's Miamarina facility; and WHEREAS, on October 22, 1993, three (3) bidders submitted responses, including Shoreline Foundation, Inc., (Shoreline); and WHEREAS, on November 9, 1993, Shoreline protested the award of this bid to Cone Constructors; and WHEREAS, the City Manager and the City Attorney concur with and approve the finding of the Chief Procurement Officer and recommend rejection of the protest filed by Shoreline Foundation, 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. CIiY CC*WS3ION MEETING OF DEC 1 6 1993 Resolution No. 93- 770 M Section 2. The Chief Procurement Officer's decision to reject the protest of Shoreline Foundation, Inc. (Shoreline), in connection with Project H-1014C for repairs and restoration of pilings at the City's Miamarina facility is hereby approved. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 16th AT7YES ( • M Y HIRAI CITY CLERK PREPARED AND APPROVED BY: CARMEN L. LEON ASSISTANT CITY ATTORNEY ,day of December 1993. EPHEN P. dLARK, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A. QUA CITY A CLL:csk:M402O 93- '7"70 -2- CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members To: of the City Commission FROM Ces olio Cit ager DATE : i y' ? egg FILE Resolution of Protest SUBJECT : on Project H-1014C , Miamarina Repairs REFERENCES: ENCLOSURES: 21 It is respectfully recommended that the City Commission adopt the attached resolution approving the Chief Procurement Officer's decision to reject the protest of Shoreline Foundation, Inc., (Shoreline), in connection with Project H-1014C, for emergency repairs and restoration of pilings at the City's Miamarina facility. On October 5, 1993, bids were solicited by the Public Works Department for emergency repairs to the pilings at the City's Miamarina facility and three (3) bidders submitted responses. By letter received on November 9, 1993, Shoreline protested the award of this bid to Cone Constructors, since their firm was the apparent low bidder when the bids were received. Pursuant to Section 18-56.1 of the City Code, the Chief Procurement Officer duly investigated the matter and determined that the protest lacked merit, because Shoreline's bid was higher that Cone Constructors, as detailed in the attached letter. Attachments: Proposed Resolution Copy of Protest Letter 93- 770 CITY OF MIAMI, FLORIDA... INTER -OFFICE MEMORANDUKj,7' ,�N TO : Cesar H. Odio, City Manager DATE : December 2;'' 71993 FILE Qu n ones III, City Attorney SUBJECT : Protest on Bid H-1014C, Miamarina Restoration FROM :Judy- . Carter & Chief cu Department of and Solid Wa Assistant Director ement Officer eneral,-S Vrvibes REFERENCES: ENCLOSURES: I hereby request your approval of my rejection of the protest by Shoreline Foundation, Inc., in connection with emergency repairs and restoration to pilings at the City's Miamarina facility. The basis for my decision, as set forth in the attached letter, is the fact Shoreline's protest has no merit. APPROVED: Cesar H. Odio, City Manager APPROVED: orney C 4-1, 93- 770 December 1, 1993 REGULAR & CERTIFIED MAIL Mr. James A. Royo, President Shoreline Foundation, Inc. 3221 W. Hallandale Beach Boulevard Pembroke Park, FL 33023 Dear Mr. Royo: Re: Protest on Project H-1014C, Miamarina Pilings Repairs As Chief Procurement Officer of the City of Miami, I received your protest letter of November 3, 1993, reviewed pertinent documents and researched the issues, pursuant to my duties under Section 18-56.1, City of Miami Code, Resolution of Protest Solicitations and Awards. You allege that although Shoreline was the apparent low bidder on the above job, the Public Works Department faxed you a copy of the bids listing Cone Constructors Inc., as the low bidder.: You also stated a concern that if the bid solicitation was improperly completed the bid was 'irregular and unacceptable'. The Bid Specifications and Contract Documents states in paragraph 8 of the Instructions to Bidders: "Proposals which are incomplete, unbalanced, conditional, obscure, or which may contain additions not requested, or irregularities of any kind, or which do comply in every respect with the Instructions to Bidders and all other Contract Documents, will be rejected unless deemed to be a waivable irregularity. (Emphasis added) The City Manager has the option to waive minor irregularities which may be accepted or rejected by the City Commission..." Page two of Cone Constructors Inc.'s price proposal listed the total amount for the project, including its base bid and the seven (7) additive items. The base bid price amounted to $17,125.00, listed as Items 1 & 2 on page 2a of Cone's proposal. (See attached bid pages). Shoreline's base bid price was listed at $18,300.00. I have been advised that the Public Works Department frequently encounters scrivener's errors in construction bids and the department's past practice has been to correct these errors which are deemed minor irregularities and therefore waivable. Because these errors are not considered substantive, the bids are not rejected. Such was the case with this bid. It is clear to the City that Cone Constructors' true base bid price is $17,125 and was not altered in any way and, therefore, was accepted. 93- 770 Shoreline Foundation, Inc. Paget 5 Based upon the foregoing, I am rejecting your protest. The City Manager and City Attorney have approved my decision. The matter has been scheduled on the City Commission agenda for Thursday, December 16, 1993, beginning at 9:00 a.m. The meeting will be in the City Commission Chambers, City Hall, 3500 Pan American Drive, Miami, Florida. Sincerely, Judy S. Carter Chief Procurement Officer/Assistant Director cc: Ron E. Williams, Assistant City Manager Carmen L. Leon, Assistant City Attorney Waldemar Lee, Assistant City Manager, Public Works Enclosure: 2 93- 770 PROPOSAL Page 2 H-10I4C MIAMARINA RESTORATION & REDEVELOPMENT .. PHASE III - PILINGS AND REPAIRS '93 THE BIDDER STATES THAT THIS PROPOSAL IS BASED UPON THE CONTRACT DOCUMENTS AND THAT HE ACKNOWLEDGES THE RECEIPT OF THE FOLLOWING ADDENDUM (A) Cr ADDENDUM NO. �.ADDENDUM NO. 40 ADDENDUM NO. 00 TOTAL BASE BID. THE TOTAL OF ITEMS 1 thru 2 based on a construction time of thirty (30) calendar days, .the sum of $:. l- - Ax r. -,:Y. a.yC:�, •, .., ~.ak'. toµ. .. .. 0 7 93_ 770 PROPOSAL Page 2a H-1014C MIAMARINA RESTORATION & REDEVELOPMENT -. PHASE III .- PILINGS AND REPAIRS '93 ITEM 1: For furnishing all labor, materials and equipment for the installation of 42 fender piles and one 3- pile dolphin (piles provided by the City) and other related work along S.E. and N.E. seawalls at Mi amari na,the -lump sum of Featift J THodsnotj &x NooeReo Tw" FwE D o 11 a r s a n d f�a ::Ceuta .. . .,. • �.�; ... °::. ITEM 1 ITEM 2: P r o v i sd'vn _•for Spec•1141- ,:Yi~�m as not An S'Pplementary ,..GondttiCdn�' the 1 ump. sum of;: THREE THOUSAND..': l:as. ands.,. 3,000.00 ITEM 2 b �.tx7 AUDITIV :ALT�ERNAT ti For .furnish..ing*.,:aal, .labor; .. materials and-,i,. exit •for the ;complete repair of the southeast `and northeast seawall cup's, at four locations'' nd'ica-ted on plan-,_-;the:,.l.um.p. sum of 64E TsaosaoD 'Dol l ars and Cents $ 1,000.o°/YX ADD. A T 1 93- 770 Shoreline� Foundatid November 3rd, 1993 Jfl tl:>`��,t��CtltR<i inc. 2: 51 Chief Procurement Officer City of Miami., Florida Re: Project #H-1014C Miamarina Restoration & Redevelopment Phase III Piling be Repairs 1993 Subject: Protest to Bid Solicitation Gentlemen: I James A. Royo,President of Shoreline Foundation, Inc. attended the Bid opening for the above referenced project at the City Clerks Office at 11:00 a.m. on October 22, 1993. At that time Shoreline Foundation, Inc. was apparent low bidder. On November 1st, 1993, I was faxed a copy of the bids on the above referenced project from the Public Works Department, City of Miami. The faxed copy of Bids indicate Cone Constructors Inc. as a low bidder. Will the Procurement Department please elaborate on how this happened. We feel that if Bid Solicitation is completed Improperly that bid is considered irregular and unacceptable. Please contact my office at your earliest convenience on this matter. Sincerely, S ORELINE OUNDATION, INC. i J es A. R yo esident JAR/Jg P �' 3221 West Hallandale Beach Blvd. • Pembroke Park, FL 33023 9 3 - 770