Loading...
HomeMy WebLinkAboutR-92-0271J-92-408 5/07/92 S RESOLUTION NO. 9 2 - 2'71 A RESOLUTION, OVERRULING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST OF G-T SPORTS, ENTERPRISES, INC., IN CONNECTION WITH BID NO. 90-91-069, ORANGE BOWL MODERNIZATION PROJECT, PHASE II SEAT REPLACEMENT, AS IT HAS BEEN DETERMINED TO HAVE MERIT. WHEREAS, on April 7, 1992, the City of Miami (City) advertised for bids for the replacement of seats at the Orange Bowl Stadium; and WHEREAS, on April 23, 1992, the City received six (6) responses under Alternative Bid "A" and five (5) responses under Alternative Bid "B" of this bid; and - e WHEREAS, on April 24, 1992, the City received a protest from 0-T Sports Enterprises, Inc., (G-T Sports), alleging inter alia, that the other contractors bidding did not possess the seat installation experience required in the bid specifications and that Alternate Bid "A" seats was a better and more comfortable type of seat; and WHEREAS, the Chief Procurement Officer, pursuant to Section 18-56.1 of the City Code, in her role as arbiter, investigated the matter; and WHEREAS, the Chief Procurement Officer determined that the protest was without merit and rejected the protest; and C= covwsslog MEETING OF MAY 0 7 1992 RtIclulion No. 92- 271 WHEREAS, the City Manager and the City Attorney concurred and approved the finding of the Chief Procurement Officer and recommended rejection of the protest by G-T Sports; and WHEREAS, the City Commission has made a determination that Alternate Bid "A" seats are more comfortable, one of the criteria for selection in the bid documents; 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 from G-T Sports, in connection with Bid No. 90-92-069, for the replacement of seats at the Orange Bowl Stadium is hereby overruled. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of 1992. XAVIER L. SUAREZ, MAYOR ATT - MA HIRAI CITY CLERK - 92- 2e1 2 vs PREPARED AND APPROVED BY: CARMEN L. LEON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: • .11-11 . Q CITY ATT CLL:ra: 46 , II - 3 - 92- 271 SEAT By=PROCLpueE T 4 30-92 : 7:47iY, CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 'AGM' S OF. ; 2/ 4 r Honorable Mayor and Members APR 3 01992 "' of the City Commission """ F1r Resolution of Protest SUMEM to Install Replacement i` Seats at the Orange Bowl c� PROM : paw REFEfi�wt� ;i Cesar H. Odic City Manager �hc�osunas . It is respectfully recommended that the City Commission adopt the attached resolution approving the Chief Procurement Officer's decision to reject G-T Sports Enterprises, Inc.'s protest, in connection with Bid No. 91-92-069, to install replacement Feats at the Orange Howl Stadium. On April 23, 1992, six (6) bidders responded to the City's bid on the above noted service. The Public Works Department structured the bid such that bidders could bid under Alternate Bid "A' and/or Alternate Bid "B" and subasquently made a business decision to consider only those bids submitted under Alternate Bid "B". G-T Sports Enterpriseaa, Inc., submitted a protest to the Chief Procurement Officer on April 24, 1992, alleging, among other things, that the contractors bidding were not qualified nor did they possess the minimum two-year experience with seat installation required in the bid specifications. Pursuant to Section 16-56.1 of the City Code, the Chief Procurement Officer investigated the matter and determined that the protest lacked merit because G-T Sports Enterprises, Inc., did not submit a bid under Alternate Did "B", did not meet the minimum two-year experience requirement of the bid specifications while Not Construction, the low responsive bidder under this alternate did meet the requirements. Attachmentaae Propoaed Resolution Copy of Protest Netter 992- 171 PR-29-92 WED 1 6 :09 L AW DEFT P 02 WE. D i ke 0E. GSA P . 02 CITY OF MIAMI, FLORIDA INTER•OFFIOE MEMORANDUM tp CeBar fie Odic; City Manager OAT! April 29, 1992 FILE A. Qvinn JOnem III# City Attorney Protest on dranga bowl, sua,ecT . Beat Replacement, Did No. 91- 92-06 9 ,Ai4y Judy 9,"N Chief Pro Oepac tmen and Sol at►fnKw,Fs . ENcA4suNes I hereby request your approval of my rejection of the protest tay G-T Sports Enterptieee, Inc., in connection with the Above noted - bid. The haeta for my docision, as set forth in the attached letter$ i8 the fact that d-T Sports Enterpriaes' protest has no merit. nt Officer eneral Services to APPROVEW 1/ ICJ i«'riAair; pia -�ity"nagex APPRpV901 orne3'GLL. 92- 271 5Ct�1 r►i (9,vi 1,!LNr• NI. NMUNilh1; •l `3 i12 ; -1 '.53I 1! ' Wit# r of �Ji�t� i ! — J�. RUN I. WILT TAMS I~ yi HdTmgU•IGI �.� �'ii ii'�: April 29, 1992 %�,v`% CERTIFIRD HAIL i By FAX Mr. Raeael Garcia -Toledo, President O-•T Sporto Entarprises, Inc. 9200 S. DAdeland Boulevard, #410 Miami, FL 33156 'S OW-.;# 2/ 3 CISAR 11. oDio City Mrnager Re. Protest In connection with nid No. 91-92-069 -- Orange Bowl Modernization Project -- Phase II Seat Replacement naar Mr. Garcia -Toledo: 1, as Chief procurement officer of the City of Miami, have read your protest dated April 24, 1992, reviewed pertinent documents, talked with employees and researched the issues, pursuant to my duties under Section 10--56.1, City of Miami Code, Resolution of l►rotcst solicitations and Awards. You are protesting the submission of bids by other bidders for the project, based on the following reasons, au summarized: 1. the contractors bidding did not possess the minimum two years of seating installation experience, as outlfiled In the bid documental 2. the contractors failed to eonnider the difficult installation requirements of the project; 3. other considerations, Including concerns about affirmative action requirements and prices bid by other contractors. Please he advised that the City made a business decision to award the contract under Alternate Bid 'II". Your firm submitted a 'Hu Did' response to Alternate Bid "B". Furthermore, your bid listed no subcontractors, yet in your letter you identified Dailey Seating Company of Texas as the subcontractor to install the seats. The subsequent idontification of a subcontractor is not acceptable and would not be considered oven if 'Lne award of the bid was under Alternate Bid "A'. In addition, there is no apparent evidence that your firm, G-T Sports Enterprises, Inc. meets the two-year min mum seating installation experience as required in Division 12, Section 12730, Part 1.038 of the bid document. On the other hand, Met Construction did submit a bid under Alternate Bid OR" and is the low bidder. The City has established that Met Construction poseescion the required, minimum twu-year experience Installing seats. 92- 271 DEI'AR1Mihr of GEN[RAL SERVICES ADMINISTRATION AND SOLID WASTE/P(enurement MaiuSement Division 1WJ N.W. 2011, 51141r•1/Minna. Ikvds i3141/1301) 575-5174/FAX: JIGS) 175-SIBO S Rafael Garcia -Toledo President 7 G-T Sports Enterprises.,Incc. Mr. Juan Ordonez, P.S. Special Projects City of Miami Design Division Department of Public Works 275 N.W. 2nd Street Miami, Florida 33128 Dear Mr. Ordonez: ilii: l:ilf OF l:i" ;. Il.A. 0 April 24, 1992 Re: Orange Bowl Modernization Project Phase II (1992) B-6202 C.I.P. 404238 We am formally protesting the submission of bids by unqualified bidders for the referenced project. We believe they are unqualified for the following reasons: 1. The contractors that bid the project do not possess the minimum two years of seating installation experleace. Under Supplementary Conditions in the bid package, Page 3, Item 00806, pertaining to Supervision, the City clearly states their concern for conforming to the plans and specifications set forth to try and eliminate any difficulties Like they have experienced in the past. This section also refers to the specifications, Page 12730-1, Item B of Quality Control and Assurance which clearly states . that you are looking for not only a seating manufacturer but a specialtzed installer with a minimum of two (2) years experience. G-T Sports Enterprises, Inc., bid this project to conform with the guidelines that you have set forth. Our installer,. Dailey Seatin Company from Mesquite, Tex -as, has vast experience in installing seats; tfe Installation of seats is the only job that they perform. Please, see the enclosed list of experience. The Contractors bidding this project may be very reputable firms, however, we sincerely doubt that they.have two (2) years experience in installing Seats- 9 ZOO S. DADELAN0 ILV .. SURE 410. MLA. R 33151 TM; 006) 0704719 FAX:130s1970,9781 , �_x GmT Sports Enterprises, Inc. Mr. Juan Ordonez -3- April 24, 1992 b. with the Contractors coming into the picture approximately three days prior to the bid, they had to rely on the manufacturers to direct them in what was required to install the seats for this project. We believe that they were greatly m1sled by Sports Seating as to what was required causing their installation prices to be unfairly below the price of qualified installers. Once a firm realizes that they are going to Iose money, the problems begin through requests of change orders and lack of quality workmanship. c. Last, we think it is important to mention that when the original Sports Seating seats were installed in the Orange Bowl, Sports Seating used an experienced installer, a&L Construction, out of Maryland. If you call a qualified installation firm and give them the criteria set forth, you will find that the job cannot be completed for the amount of money set forth by the Contractors. We feel that G-T Sports Enterprises, Inc. is the lowest responsible bidder. I await your reply and comments regarding this matter. Respectfully Submitted, SWORN AND SUBSCRIBED TO ME THIS NOTARY MKIt STiTE OF FLORMA i NY C"ISSION EXF JUNE 140"S 10KW0 THRU 41 ERN. INKS. Me-, � 1992. 92- 271 9200 S. DADELAND BLVD., 6UtTE 410. MIA, FL 33156 TEL. (3061 070-0710 FIX: 13051670.5701 N GmT Sports Enterprises,,Jncs Rafael Garcia -Toledo President C April 24, 1992 Mr. Juan Ordonez, P.H. Special Projects City of Miami Design Division Department of Public Works 275 N.W. 2nd Street Miami, Florida 33128 Re: Orange Bowl Modernization Project Phase I1 (1992) B-6202 C.I.P. 404238 Dear Mr. Ordonez: We are formally protesting the submission of bids by unqualified bidders for the referenced project. We believe they are unqualified for the following reasons: 1. The contractors that bid the project do not possess the minimum two years of seating installation experience. Under Supplementary Conditions in the bid package, Page 3, Item 00806, pertaining to Supervision, the City clearly states their concern for conforming to the plans and specifications set forth to try and eliminate any difficulties like they have experienced in the past. This section also refers to the specifications, Page 12730-1, Item B of Quality Control and Assurance which clearly states that you are looking for not only a seating manufacturer but a specialized installer with a minimum of two (2) years experience. G-T Sports Enterprises, Inc., bid this project to conform with the guidelines that you have set forth. Our installer, Dailey Seating Company from Mesquite, Texas, has vast experience in installing seats; the installation of seats is the only job that they perform. Please see the enclosed list of experience. The Contractors bidding this project may be very reputable firms, however, we sincerely doubt that they have two (2) years experience in installing seats. 92- 2'71 9200 S. VADELAND BLVD, SUfff 410. MIA. FL 33160 TEL. f3051870.8719 FAX:13051870.9781 7. G=i Sports Enterprises, Inc, Mr. Juan Ordonez -2- April 24, 1992 2. The Contractors failed to consider the difficult installation requirements called for by the project. Prior to the bid, Contour Seats' Technical Director discussed the project requirements with the Contractors in order to assist them in bidding the project. Following is part of those discussions: a. We mentioned that the existing seats in the Orange Bowl are at a 20" seat height and that the new seats must be altered to maintain a maximum height of 18". They told us that Sports Seating believed that the seats could be installed the way they Were before and, therefore, should not add money for the proper alignment of the seats at an 18" height. b. Our field survey indicated that you cannot maintain the existing seat quantity using only 18" and 20" seats as manufactured by Sports Seating. Contractors can only maintain the seat quantity by saw -cutting Sports Seating seats creating stress points which leads to plastic cracking. Contour Seats manufacturers the required seat widths. c. When discussing security with the Contractors, they felt that putting a padlock on the tractor trailer would be sufficient and, therefore, were not putting any money in for security. We realize , that you may feel that this is their problem, however, if material is stolen from the job site, it would be impossible to replace that material in time to meet your schedule because of the lead times. We. therefore, based our bid on using a local security company between the hours of 6:30 p.m. and 6:30 a.m. when our crews were not on site. d. When the Contractors bidding the project asked us how long it would take to have material on site, we told them 3-4 weeks for the Contour Seat material. They informed us that Sports Seating could not provide material for six weeks. They also clearly stated that they would not be working weekends. If you subtract the weekends and the six weeks from the allotted time to complete the project, it leaves you with 50 working days to install 30,000 seats. That comes to 600 seats per day. it is physically impossible to accomplish that without employing an extremely large installation crew of highly experienced people with access to the entire facility. Based on the Construction schedule of the Orange Bowl which limits access to the sections you can efficiently use only four crews of four people working seven days a week based on material on site in three weeks from the award date. We also felt that the schedule could not be met without overtime pay. 3. Other Considerations: a. Pertaining to the Affirmative Action plan required by the City of Miami, G-T Sports Enterprises, Inc. is a local minority firm and will use a minority installation firm and as many other local minorities as possible for the necessary trash removal, crane rentals, etc. It is our understanding that the Contractors bidding the project did not meet the minority status requirement . 9 2 271 =- g9200 S. DADELAND BLVD., SUiYE 410, MIA, FL 33168 TEL. 13051670-6719 FAX: 13051670.9761 � G wT Sports Enterprises, Inc. Mr. Juan Ordonez -3- April 24, 1992 b. With the Contractors coming into the picture approximately three days prior to the bid, they had to rely on the manufacturers to direct them in what was required to install the seats for this project. We believe that they were greatly misled by Sports Seating as to what waa required causing their installation prices to be unfairly below the price of qualified installers. Once a firm realizes that they are going to lose money, the problems begin through requests of change orders and lack of quality workmanship. c. Last, we think it is important to mention that when the original Sports Seating seats were installed in the Orange Bowl, Sports Seating used an experienced installer, J&L Construction, out of Maryland. If you call a qualified installation firm and give them the criteria set forth, you will find that the job cannot be completed for the amount of money set forth by the Contractors. We feel that O-T Sports Enterprises. Inc. is the lowest responsible bidder. I await your reply and comments regarding this matter. Respectfully Submitted, SWORN AND SUBSCRIBED TO ME THIS NOTARY KKIC STATE OF FLORIDA MY COWISSION EV JUIE 24.1"s SONDED THAU &EWA& INS. UW._, 1992. 9 2 - 2'71 9200 6, DADELAND BLVD., SUITE 410. MIA, FL 33156 T L. 13061070-6710 FAX: 13061670.9751 9 G=i Sports Enterprises, Inc. Archie J . Dailey Dailey Seating Company ResponslMtity Responsible for complete supervision and management of Installations of seating projects through the Dailey Seating Company Academdc and Professional Background Mechanical Engineer - University of Alabama - 3 years Associates Degree in Electronics - United Institute of Technology 23 years experience in the seating industry Regional Sales Manager -Heywood Wakefield Company (Seat Manufacturing Company) Sales - Massey Seating American Seating Installation - All Makes 13 years experience in construction industry: Hollow metal doors & frames Plastering Casework Selected Project Max3rience Steven P. Austin University Austin, TX • 8,000 seats LSU Assemby Center (Louisiana State University) Baton Rouge, LA • 18,000 seats University of Texas Austin, TX • 10,000 seats Clarkson University Cheel Campus Center • Potsdam, NY • 4,000 seats 9 9— 2"71 } 9200 S. OAAEUIN© BLVD., SUITE 410, MIA, FL 33166 TEL. I3061870.8718 FAX: 13051870.8781 Rafael Garcia -Toledo President GwT Sports Enterpr11 ises, Inc. Archie J. Dailey, Continued DaRy 11esting may 8eleeted Project Experience (continued) University of North Texas Denton, TX * 19,000 seats Cajun Dome Larayette, LA * 11,000 seats Tarrant County Convention Center Texas * 11,000 seats St. Cloud State University Ice Hockey Center St. Cloud, MN * 6,000 seats Lehigh University Murray H. Doodman Football Stadium Bethlehem, PA * 14,000 seats BW Graham Amphitheater Mountainview, CA * 10,000 seats Indianapolis Motor Speedway Tower Suites Speedway, IN * 3,000 seats Madison Square Gardens New York * 14,000 seats Toronto Blue Jaye Spring Training Facility Dunedin, FL * 4,500 Beats DID SECURITY LIST ORANGE BOWL MODERNIZATIOQ PROJECT _PHASE_ _ II(1992) DID ITEM. _--- SEAT REPLACEMENT_-B_6202CIP-#-404238.......... y 91-92-069 DIDl0.: ---------- --------- -------- -------------------------- DATE DID(S) OPENED: APRIL 23, 1992 __ _11:00 - am -_,_--__-____---_ TOTAL BIDDER DID_AMOUNT ----- - G.T. SPORTS Ei3TERPRISES, INC. $ 868 500.00 -- ------------- -------------- $-------- $ 906,900.00 DAi1VILLE-FINDOrZFF_,- INC. _- 82114QQ_ OQ_ $1,002,300.00 NET _CONSTR JUCTI011-------- ?12.,S-D..OD_ $1,022,100.00 FRANK J. MORAN IL4(:____----__— _ _ 794 , 400_ 00_ K! C014TRUCTI_O_NC_0_. $1,113 , 000. 00 R.L. SOU _ _ _8_1_61000_00_ $1,165,500.00 MCM CORP. ,B?3jDDD�DD_ DID DONn so11 CASHIERrS_CHECR___ --------------------- -------------- B.B. P B_B__0_44,000_00____ _B.B._a$----------- -------------- 3---------------- t--------------------- NO BID: L-------------- ------------ SMITH HA1,Z10C!K------------------L--------------i------------------- ------------------------------- -------------------- I --------------- ----------------- L-------------- I -------------------- ...------------------`-------------- ---------------------- -_r-----------------------------_ -_- ___ _ _--_---- --------------------------- - - - - - - - - - - - - - ---i_`-ti'__-___-_ --- _____-__--___-__-_--__-__-___-_ _ =__ a i=_ = ______________-_----__--_-__ ----- - --- — 1 _ a --w — — -- — — — —— -- — — — — — -----ate— — — — — — — — — — — — -- —_— — — — — — — — — _ — — _— -- — ---- — — ---- -- — — — — — -- -- -- — -- — — — — -- -------__— — —'---- — — — --- -- — — — — — — — — ------- — — — — — — — — — -- — — — — — — — — — -- — ---- —_— — — — _ -- — — — — — ---- --- — — — — --- ---- — —.--- — — — — — — _ — _ __ _ �'— — — — — -- — -- — — — — — — — — — — -- — — — — -- — — — — — — — — — — — — _ received () envelopes on behalf of - pets& receiving -bids) -1+- - (City Departeeat)'-- ' MUM _ puts Cit7 desk?