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HomeMy WebLinkAboutR-92-0047J-92-7 12/27/91 9- RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND JOSE FABREGAS, AN INDIVIDUAL, FOR PROFESSIONAL SERVICES, IN CONNECTION WITH THE DEVELOPMENT AND CONSTRUCTION SUPERVISION OF THE CITY SPONSORED SCATTERED SITE AFFORDABLE HOMEOWNERSHIP PROGRAM, THE ST. HUGH OAKS VILLAGE PROJECT, AND TO CONDUCT INSPECTIONS OF RENOVATION ACTIVITIES AT COUNTY OWNED PUBLIC HOUSING PROJECTS FOR A PERIOD OF ONE (1) YEAR FOR A TOTAL FEE IN AN AMOUNT NOT TO EXCEED $20,000, WITH FUNDS THEREFOR ALLOCATED FROM CAPITAL IMPROVEMENT PROJECT NO. 321034, "SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM." WHEREAS, the City of Miami has a vital interest in the continuation of the City sponsored Scattered Site Affordable Homeownership Development Program, and the development of the City sponsored St. Hugh Oaks Village Housing Project, as well as the development of affordable housing on other City -owned parcels acquired, in addition to parcels planned for acquisition in connection with the development of housing affordable to low and/or moderate income families and individuals in the City; and WHEREAS, it is in the best interest of the City to engage a professional consultant with the combined knowledge of design and financing that comprises the development field and the j a ,FF. �• .crry cobmmslox MEETING OF 04 JAN 23 1992 4 `;' 47 "saLurl" ft. EMI J-92-7 12/27/91 RESOLUTION NO. ' A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND JOSE FABREGAS, AN INDIVIDUAL, FOR PROFESSIONAL SERVICES, IN CONNECTION WITH THE DEVELOPMENT AND CONSTRUCTION SUPERVISION OF THE CITY SPONSORED SCATTERED SITE AFFORDABLE HOMEOWNERSHIP PROGRAM, THE ST. HUGH OAKS VILLAGE PROJECT, AND TO CONDUCT INSPECTIONS OF RENOVATION ACTIVITIES AT COUNTY OWNED PUBLIC HOUSING PROJECTS FOR A PERIOD OF ONE (1) YEAR FOR A TOTAL FEE IN AN AMOUNT NOT TO EXCEED $20,000, WITH FUNDS THEREFOR ALLOCATED FROM CAPITAL IMPROVEMENT PROJECT NO. 321034, "SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM." WHEREAS, the City of Miami has a vital interest in the continuation of the City sponsored Scattered Site Affordable Homeownership Development Program, and the development of the City sponsored St. Hugh Oaks Village Housing Project, as well as the development of affordable housing on other City -owned parcels acquired, in addition to parcels planned for acquisition in connection with the development of housing affordable to low and/or moderate income families and individuals in the City; and WHEREAS, it is in the best interest of the City to engage a professional consultant with the combined knowledge of design and financing that comprises the development field and the A � 1�' � � f, ` ^Ay r yl i'f!, t�.l 1�� i� ,i., r�'•� i:� 1tJ G CITY COMUSSION :s►_ MEETING OF J AN 23 1992 47, professional qualifications to supervise the contracting and i actual construction of the aforementioned housing projects, working under the general supervision of the Assistant Director for the City's Department of Development and Housing i Conservation; and WHEREAS, the consultant will also be responsible for performing inspections of public housing developments located in { the City of Miami which will undergo certain safety/security and exterior renovations being funded in part, from $850,000 in 17th Year Community Development Block Grant Program funding; and i I WHEREAS, Jose Fabregas has demonstrated his expertise in l serving as Development Coordinator and Project Manager in connection with several housing programs and projects which are being implemented by the City's Department of Development and Housing Conservation; and WHEREAS, funding for the herein agreement has been identified and is available from Capital Improvement Project No. 321034, "Scattered Site Affordable Housing Development Program," to fund the cost of providing said professional consultant services; and WHEREAS, the total cost of said agreement will not exceed $20,000; 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. -2- :� y .._ 47 7� y Section 2. The City Manager is hereby authorized to execute i an agreement, in substantially the attached form, for i professional services, in connection with the City sponsored Scattered Site Affordable Homeownership Development Program, the St. Hugh Oaks Village Project, and to conduct inspection of certain safety/seourity and exterior renovation activities at eight (8) County -owned public housing projects. Section 3. This Resolution shall become effective i immediately upon its adoption. i PASSED AND ADOPTED this 23rd day of J nua y 1992. AT TE4 0 Z-4 MATTY HIRAI, CITY CLERK CAPITAL IMPR VEMENT PROD M REVI W: _ EDUARDO RODRIGUEZ CIP PROJECT MANAGER PREPARED. ND A ED BY: JULIE 0. B ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITYgATT:�yNN s' III JOB/ebgYmv/M2725 _:�Ca -3- L . AUAREZ , - MAYOR FINANCE DEPARTMENT REVIEW: ChRIOp E. GARCIA, DIRECTOR ( ;1? -- fi r! .v � THIS AGREEMENT entered into this day of , 1992, by and between CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as "CITY," and JOSE FAHREGAS, an individual, hereinafter referred to as "CONSULTANT." RECITAL WHEREAS, the CITY is desirous of engaging the CONSULTANT as an independent contractor to perform inspections of certain renovations activities at various public housing developments owned by Metropolitan Dade County and to provide technical assistance for the implementation and administration of several City sponsored affordable housing programs, including the City sponsored Scattered Site Affordable Homeownership Program and the St. Hugh Oaks Village Project; and WHEREAS, the CONSULTANT holds the professional qualifications required for these services; THEREFORE, in consideration of premises and agreements contained below the parties agree as follows: Article 1 TERM The term of this Agreement shall be from October 1, 1991 through September 30, 1992. s `?-- 47 Article 2 SCOPE OF SERVICES 2.1 CONSULTANT shall provide technical assistance to the City in connection• with the development of public -private housing ventures presently in the pre -development planning phase. 2.2 CONSULTANT shall provide technical assistance to the CITY in connection with the development of the following projects: (1) the Scattered Site Affordable Homeownership Development Program; (2) the St. Hugh Oaks village Project planned in the Coconut Grove neighborhood. 2.3 CONSULTANT shall perform inspections of certain safety/security and exterior renovation activities to be undertaken by Dade County at the following eight (8) County - owned public housing developments located within the City of Miami: Claude Pepper Jack Orr Culver Place Rainbow village Gwen Cherry (1) Gwen Cherry (2) Smothers Plaza AnnRrRA 750 Northwest 18th Terr. 550 Northwest 5th St. 610 Northwest 10th St. 2140 Northwest 3rd Ave. 2001 Northwest 4th Ct. 2101 Northwest 18th Terr. 1861 Northwest 28th St. 2970 Southwest 9th St. Overtvwn Overtown Overtown Overtown Overtown Allapattah Allapattab Little Havana 2.4 CONSULTANT shall work a minimum of ten (10) hours per week during the term of this agreement. The CONSULTANT's failure to work a minimum of (10) hours per week shall constitute default under the terms of this agreement. 2.5 CONSULTANT shall be available on call, at all times during the term of this agreement, including weekends. 7 -2- 2.6 CONSULTANT shall prepare and submit to the CITY memorandums and reports as may be required or appropriate pursuant to the services CONSULTANT performs in accordance with this agreement. The CITY shall provide clerical staff to assist CONSULTANT in the preparation of said memorandums and reports. Article 3 COMPENSATION 3.1 The CITY agrees to pay CONSULTANT as a fee for the services provided an amount not to exceed Twenty Thousand Dollars ($20,000). 3.2 Compensation payments will be made on a monthly basis beginning on November 1, 1991. Article 4 COMPLIANCE WITH FEDERAL a STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local government. Article 5 GENERAL CONDITIONS 5.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. y ,.� `� --- 47 -3- 7 W Herbert J. Bailey Assistant City Manager/Director Department of Development and Housing'Conservation Dupont Plaza Center, Suite 401 300 Biscayne Blvd. Way Miami, Florida 33131 Jose Fabregas 10939 Southwest 71st St. Miami, Florida 33173 5.2 Title and paragraph headlines are for convenient reference and are not a part of this Agreement. 5.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached i documents, the terms in this Agreement shall rule. a 5.4 No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 5.5 Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. -4- .3 „ti47 Article 6 OWNERSHIP OF DOCUMENTS 6.1 All documents developed by CONSULTANT under this Agreement shall be •delivered to CITY by said CONSULTANT upon completion of the services required pursuant to Article 2 hereof and shall become the property of CITY, without restriction or limitation on its use. CONSULTANT agrees that all documents maintain and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. 6.2 Any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. Article 7 The obligations undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. Article 8 AUDIT RIGHTS CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of three (3) years after final payment is made under this Agreement. -5- 912 -- 47 Article 9 CONSULTANT warrants that it has not employed or retained any person employed, by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. Article 10 CDNSTRUCTInN OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida and venue shall be in Dade County, Florida. Article 11 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. Article 12 12.1 CONSULTANT covenants that neither CONSULTANT nor any of its employees who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. 12.2 CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), 9 �2 Dade County, Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. Article 13 TERMINATION OFCONTRACT i 13.1 This Agreement may be terminated by either party with thirty i (30) days written notice without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. 13.2 It is hereby understood by and between CITY and CONSULTANT that any payment made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. Article 14 NONDISCRIMINATION CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, national origin, or handicap in connection with its performance under this Agreement. Article 15 MINORITY PROCL1R RENT COMPLi NCF CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062 and 10538 the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable -7- 9 -- 47 J ... /3 substantive and procedural provisions therein, including any amendments thereto. Article 16 In the event that CONSULTANT shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payments to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY. Article 16 ENTIRE MENT This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said contract and correctly sets forth the rights, duties and obligations of each to the other as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. Article 17 INDEMNIFICATION In consideration of Ten ($10.00) Dollars paid by the CITY to CONSULTANT as specific, independent and separate consideration, the CONSULTANT shall indemnify and save the CITY, its officials, employees, agents and authorized representatives harmless from any and all claims which may arise out of performance of this Agreement as a result of any error, omission or negligent act of L -8- �3`3• 47 CONSULTANT, unless such act is caused by the sole negligence of an employee, agent or authorized representative of the CITY. The CONSULTANT shall pay all costs from and against any orders, judgements or decrees which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. Article 18 INDEPENDENT CONTRACTOR CONSULTANT and its employees and agents shall be deemed to be independent contractors and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. Article 19 No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. CITY OF MIAMI, a municipal ATTEST: Corporation of the State of Florida BATTY HIRAI CITY CLERK By: CESAR H. ODIO CITY MANAGER -9- ry .. 47 IS. WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: ,1 A. QUINN JONES, III CITY ATTORNEY JOB/mv/Mo91 CONSULTANT: JOSE FABREGAS APPROVED AS TO INSURANCE REQUIREMENTS: SEGUNDO R. PEREZ INSURANCE COORDINATOR 47 . _ K DID ITF_M t DID No. e DATE DID(S) OPENEDS SID_SECURITT_LIST 91-92-068R APRIL 20, 1992 10:30 a.m. M---r---------rM---M— —N �r--rrr--rr---r—�•--M--/�A— TOTAL SID_SOWD_Sorl. aID AISOU T CASHIRR' S CHECK received envelopes ( ) envelopes on behalf o! -- ----------- `Person receiving bids) GSA/Solid Waste -Procurement Division on 4- ..�.�-. ----------------------�_ (City Department) --------------------------- * :IGNEDi ( its lerki Vv+�, ��b' �'"`t„d-`?*u. ��� y, t{' �y 1.{ � 1-•S�' i i lyr } 1 y i�?- or LEGAL ADVERTISEMENT DID N0. 91-92-068R -Z5 Sealed bids will be received by the City of Miami City Clerk at her office located at City Hall, 3500 Pan American Drive, Miami, Florida 33133 not later than 10:30 a.m. April 20, 1992 for the furnishing of summer bus transportation services for the Department of Parks and Recreation. Bids submitted past such deadline and/or submitted to any other location or office shall be deemed not responsive and will be rejected. Ordinance No. 10062, as amended, established a goal of Awarding 51% of the City's total dollar volume of all expenditures for All Goods and Services to Black, Hispanic and Women Minority Business Enterprises on an equal basis. Minority and women vendors who are interested in submitting bids and who are not registered with the City as minority or women vendors are advised to contact the City Procurement Office, 1390 N.W. 20th Street, Second Floor, Telephone 575-5174. Local preference may be applied to those vendors whose primary office is located in the City of Miami, provided the amount of the bid or bid is not more than ten percent (10%) in excess of the lowest other responsible bidder or bidder. Detailed specifications for the bids are available upon request at the City Procurement Office. The City Manager may reject all bids and readvertise. (Ad No. 8S8S�� Cesar H. Odio City Manager RECEIVED, MZ APR 20 42Q i+ ATly ;N1RAl , CL K y� a r M 'y. t t LEGAL ADVERTISEMENT BID NQ. 91-92-0M Al �r Sealed bids will be received by the City of Miami City Clerk at her office located at City Hall, 3500 Pan American Drive, Miami, Florida 33133 not later than ,10:30 a.m. April_20, 1992 for the furnishing of summer bus transportation services for the Department of Parks and Recreation. Bids submitted past such deadline and/or submitted to any other location or office shall be deemed not responsive and will be rejected. Ordinance 'No. 10062, as amended, established a goal of Awarding 51% of the City's total dollar volume of all expenditures for All Goods and Services to Black, Hispanic and Women Minority Business Enterprises on an equal basis. Minority and women vendors who are interested in submitting bids and who are not registered with the City as minority or women vendors are advised to contact the City Procurement Office, 1390 N.W. 20th Street, Second Floor, Telephone 575-5174. Local preference may be applied to those vendors whose primary office is located in the City of Miami, provided the amount of the bid or bid is not more than ten percent (10%) in excess of the lowest other responsible bidder or bidder. Detailed specifications for the bids are available upon request at the City Procurement Office. The City Manager may reject all bids and readvertise. (Ad No. 82851 Cesar H. Odio City Manager ..,_.... ....... t-. - ... _,_. .. a A r REQUISITION FOR ADVERTISEMENT This number must appear Procuiem(�jjt (for Parks & 1�ec:) in the advertisement. - DEf�r/Dly . B�:i ACCOUNT CODE 1580 01- 2 8 7 ^ 4-1-92i575-5174 DATE PHONE APP V Y: i PREPARED BY .jaura Ifflite DI E TOR 6F SUING DEPARTMENT (1J Publish the attached adJertisement one times. (number of times) Type of advertisement: i legal R classified display (Check One) Legal 4/6/92 Size: Starting date f First four vyordsofadvetisement: Did No. 91-92-06BR: Sealed bids will bo.... i • Remarks: Summer Bus Transportation Services i DO NOT TYPE BELOW THIS LINE. FOR USE OF FINANCE DEPARTMENT ONLY. LINE j PUBLICATIOt DATE(S) OF ADVERTISEMENT INVOICE AMOUNT `0 Miamil Review A=1 Miami Times B-2. Diar ib Las Americas C-3 ' D-4 E-5` F3 .�F4, jF5• F7 F8 F9 F10 F11 F12 LINE TRANS . VOUCHER YY MM TDD Adv. Doc. Re rence VENDOR INDEX CODE OBJECT PROJECT 25.34 39 42 45 50 51 56 57 62 63 65 66 71 0 1 2 41.1'1 IVP 02 `� 1 2 87. t. 2 3 4 . 718 V P -.12 314 15 DESCRIPTION `: 36 _7712 64DIS000NT69 72 <`AMOUNT 80 5 200.201` Approved for Payment it PurchasI Y low - Fina Ge 'eilow copy: MIriam 4 arra, Zity Clerks Pin k copy: Laura, Procurement s CITY OF MIAMI, FLORIDA 5 INTER -OFFICE MEMORANDUM _ Honorable Mayor and ciembers DATE —� „' ,.� t FILE . ° of the City Commission Resolution Authorizing SUBJECT . the City Manager to Execute an' Agreement for Professional Services :Rom: Cesar H. Odio REFERENCES:With Jose Fabregas City Manager City Commission Agenda ENCLOSURES Item - January 9, 1992 RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute an Agreement with Jose Fabregas, as an independent contractor, for the purpose of providing development consultant and construction supervision services to the City's Department of Development and Housing Conservation, in connection with the implementation of several new housing projects and programs which are being administered by the Department. In addition, the consultant will also be responsible for performing the inspections for verification of certain renovation work completed at eight. (8) County -owned public housing developments located in the City of Miami. BACKGROUND: The Department of Development and Housing Conservation recommends ratification of the attached resolution, authorizing the City Manager to execute an Agreement with Jose Fabregas, as an independent contractor, for the purpose of providing development consultant and construction supervision services to the City's Department of Development and Housing Conservation, in connection with the implementation of several new housing projects and programs which are being administered by the Department. On July 5, 1989, Jose Fabregas, a former City employee, resigned his position as Housing Development Coordinator with the City's Department of Development and Housing Conservation to accept the position of Executive Director with CODEC, Inc., a not -for -profit corporation. While serving in the abovementioned capacity, Mr. Fabregas functioned as Project Manager for several new housing programs and projects which are being implemented and/or coordinated by the City's Department of Development and Housing Conservation. These include the City sponsored Scattered Site Affordable Homeownership Development Program, the proposed St. Hugh Oaks Affordable Housing Project, as well as several other public - private housing initiatives currently in the predevelopment planning phase. 92- 47 3 A N Resolution Authorizing Execution of Agreement for Professional Services Agreement with Jose Fabregas Page - 2 - In addition, the consultant will also be responsible for performing the inspection to verify that certain renovation work has been completed at eight (8) County -owned public housing developments located in the City of Miami which are being funded, in part, $850,000 in City 17th Year Community Development Block Grant funding. Presently, there does not exist appropriate staff in the Department with technical expertise in the area of housing development and construction supervision which would allow for such functions and duties to be assumed by other members of the Department of Development and Housing Conservation staff. $20,000 has been determined as compensation for providing said services to the City for a one (1) year period. Funding to defray the cost of providing said services to the City will be made available from Capital Improvement Project No. 321034 "Scattered Site Affordable Housing Development Program." In an effort to move the construction of several new housing programs and projects planned in the City forward, City Commission ratification of the attached resolution is recommended. Attachments: Resolution Agreement 92- 47 Z ` CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members „ To of the City Commission DATE : JAN 1 01992 FILE Resolution of Protest SUBJECT in connection with RFP for Olympic Pool Complex at Hadley Park FROM REFERENCES: Cesar H. Odio City Manager ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution approving the Chief Procurement Officer's decision to reject Judson & Partner's protest, with reference to the RFP for providing architectural and engineering services for an Olympic Pool Complex at Hadley Park. BACKGROUND On November 26, 1991, a protest was received from Judson & Partners relative to the above noted bid. In the protest letter the firm alleged that their team met the requirements of the RFP and should therefore have been certified to further participate in the selection process. Pursuant to Section 18-56.1 of the City Code, the Chief Procurement Officer fully investigated the matter and determined that the protest lacked merit, and has, therefore, rejected the protest. Attachments: Proposed Resolution Copy of Protest Letter b I SC ( 1- 4 • t .3 itu of i RON E. WILLIAMS I1r � Administrator \i �...ti ii-rI December 24, 1991 °�r�r ss;:��'I CERTIFIED MAIL Mr. Walter B. Martinez, Principal Judson & Partners, Architects 2733 SW Third Avenue Miami, FL 33129- Re: Protest in connection with RFP for an Olympic Pool Complex at Charles Hadley Park Dear Mr. Martinez% CESAR H. ODIO City Manager Is as Chief Procurement Officer of the City of Miami r have read your protest dated November 21, 19911 reviewed pertinent documents and talked with employees, pursuant to my duties under Section 18-56.1, City of Miami Code, Resolution of Protest Solicitations and Awards. The issues you raised are summarized below: 1. Your understanding that out-of-town sub - consultants did not have to be licensed in the state. 2. San Martin Associates, and Fraga Engineers will be the engineers responsible for design of the facilities. 3. Out-of-town firms Counsilman & Hunsaker, Inc., and Bohlin Cywinski Jackson, Inc., may/may not offer advice as experts in Olympic pool design and will not be the engineers responsible for the project. 4. Subconsultant Fraga Engineers is not a corporation and therefore was not required to submit corporate documents. 5. Laura Llerena & Associates, Inc., was accepted for the teams of Ronald E. Frazier & Associates and Bellon & Taylor but not for Judson & Partners. After considerable research, I have determined the following: Response to Issue fl I replayed the tape with discussions from the Pre -Proposal Conference, held on October 10, 1991. City staff clearly explained that subconsultants proffering services related to the disciplines of architecture, engineering, and landscape architecture were required to have the appropriate, professional Florida licenses. The licenses are necessary because they certify authorization to provide these services within the state. You did not submit the licenses for out-of-town sube ultants and this is unacceptable. �n 4 7.1 DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/Procurement Management Division 1390 N.W. 20th Street/Miami, Florida 33142/(305) 575-5174/FAX: (305) 575.5180 3 Judson & Partners' ,-- Page 2 December 24, 1991 Response to Issue #2 No current corporate documentation, eivdencing compliance with the annual reporting requirements of Florida statutes, was presented for San Martin Associates, one of your engineering consultants. Neither was there a good faith effort demonstrated to prove the current certification status of this firm, which is considered 'responsible for the design of the facilities,' as indicated in your letter of November 21, 1991. Response to Issue #3 You state that Counsilman & Hunsaker, Inc., and Bohlin Cywinski Jackson, Inc., may or may not offer their expertise for pool design and are not the engineers ultimately responsible for the project; however, documents received with your proposal identify these firms as providing architectural and/or engineering and/or related pool planning/design services. These companies were, therefore, required to submit the necessary professional licenses. In addition, there was no evidence to support the legal status of these firms nor to confirm their ability to conduct business in the State of Florida, as required. Response to Issue 4 Though your proposal did not clarify Fraga Engineers' business status, a reasonable assumption could be taken that the entity was in fact a sole proprietorship, as evidenced by the fictitious name affidavit and public notice, and should be accepted as such. A more serious concern, however, is the fact that you neglected to include a Form 254 for Fraga Engineers, as required by the RFP for each firm. This omission is unacceptable. Response to Issue 5 The corporate documents you submitted for Laura Llerena & Associates were not current. In contrast, the ones presented with Ronald E. Frazier & Associates' and Bellon and Taylor's proposals were. Each proposal stands on its own merit and documents tendered for one proposal cannot and should not be transposed to another proposal in an effort to benefit that proposal. Allowing such a transposition would compromise the principles of fair and open competition. 92-- 4 7 - i Judson & Partners. Page 3 = December 24, 1991 j In conclusion, it is my determination that these deficiencies were significant enough to warrant disqualification of your team from further consideration. Therefore, based on the above, your protest is deemed without merit and is rejected. You will be notified when the matter will placed before the City Commission as soon as information becomes available. Sincerely, 1 ` J dy ar er Chef Procu ent ff er cc: Herbert J. Bailey, Assistant City Manager Carmen L. Leon, Assistant City Attorney Julie Bru, Assistant City Attorney Ron E. Williams, Administrator, GSA/SW Department File N O V— 2 2— 9 1 FRI 1 2 e5 NLjtk Q ta'�1 I.I:.tA i Frll steal Partnersh1r 7• got Judson & Partners November 21, 1991 Mr. 11esborL J. Dailey A►isintant City Manognr Depir'tMent of Development and Housing conservation 300 Aigcayne Boulevard Way Suits 400 Miami , FL 33131 HE: Olympi r. Pool Compltx at CharlOr. Htattley Park hu'ar Mr. Ilailtly: P 0 3 ITr relation to your letter of November 12, 1991 which we received tilt, 15 of Novelabor we would liko to protest the reason for tilt+ faiIurn to certify our firm for the referenced project. It i s Our understanding, he expressed on the Pre-SUbiaisgion conroronce that out-of-town curb -consultants did not have to be l icr.nnod in the states. our consultant enuinAers, San Mortin Associates, and Fraga Lonclivanrs will he the engineers responsible for t:he design of the facilities, along with our firm, Judson and Partners. % Councilman & Hunnakvr, Inc.. and Bohlin Cywinski, Jackson Inc., sire out -of --town sub-eutitractors that may or may not offer advise ,t.a our took► on Items of their expertise, olympic pool design, but - will not. be the engi.nsers rLAnponsible for thv project. Another point mesitionsd in your letter was the failure of our t.nam to submit corporate documents for Frog& Enginaers. The rettnon we did not annd these documents is that. Frtage Engineers is not a corporation. instead, we submitted Imago Ungineerfi fictitious name affidavit plus the testate certification to clarify thei t %t.atus . r At, fox as the firm of Laura Llerana And Associated Inc., this Lira was accepted by the tnams of Ronald U. brazier & Associates rand 1lcllon and Tyalor. We cannot understand how one tine may be Arcoptable tog ono team and not for another. 92-- 47.1 ?7�..$t>uthwQSt l h r . v.. ......._.». _ ... .....�..+.. .... ._.. _..-........ ...•. d A anu4 mi • Mimi, Florida 33129 • 130ri1 850•BBR3 • Fox (305) 059•5777 NOv-22-9 1 FR I 1 8 S 27 ►�'jV-e�i"14'1; I:•1'` 1'F 4 �V .d.l Pdt-te"Cr-ship TO 9710 V.0 .1 Mr. Etnrtitrt. I. Bailey Pagn 2 For ull above reasonR we respectfully request to be certified for t1ip referenced project. Siucorely, JUASOR & PARTHRRS 4i0461 WaltAr H. Martinnz, FAiA Principal ec : Maria M. Perez Julie O. i3ru. Rasit. City Attorney AM10.. Whittaker. Minority / Women BuRinoss Affairs. 9247,1 WMw.W Q� 2733 Southwest Thiid AvMus F649­33i29 • (306) 850'88$3 Fax (306) 056.57"