HomeMy WebLinkAboutR-92-0735w
J-92-769
10/28/92
RESOLUTION NO. 9 2- 735
A RESOLUTION APPROVING THE CHIEF PROCUREMENT
OFFICER'S DECISION TO REJECT THE PROTEST OF
LANDSCAPE SERVICES, INC., IN CONNECTION WITH
BID NO. 9/92-C, TO REPLANT UPROOTED TREES AT
THE MELREESE GOLF COURSE, AS IT HAS BEEN
DETERMINED TO BE WITHOUT MERIT.
WHEREAS, on September 14, 1992, the City of Miami solicited
bids by Bid No. 9/92-C, to replant trees uprooted by Hurricane
Andrew at the Melreese Golf Course; and
WHEREAS, on September 16, 1992, the City of Miami received
six (6) responses to said bid; and
WHEREAS, after review, the City recommended for award Recio
& Associates, Inc., as the lowest most responsible and responsive
bidder; and
WHEREAS, on September 23, 1992, Landscape Services, Inc.,
y one of the bidders, protested said recommendation for award; 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 determined that Landscape Services,
Inc.'s protest was without merit and has rejected the protest;
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 Landscape Services,
Inc.;
CITY COMMISSION
MEETING OF
NOV 12 1992
RembsUm Na.
92-- 735
■
id'A
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 Landscape Services, Inc., in connection
with Bid No. 9/92-C, to replant trees uprooted by Hurricane
Andrew at the Melreese Golf Course, is hereby approved.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 12th day of November 1 1992.
CITY CLERK
PREPARED AND APPROVED BY:
LDS r
i
CARMEN L . LEON - /
ASSISTANT CITY ATTORNEY
XAVIER
APPROVED AS TO FORM AND CORRECTNESS:
R
A/. QUINN J ,- III-
CITY ATTO Y
bss:M322
92- 735
I'
3
CITY OF MIAMI FLORIDA 1
4
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members DATE : E FILE
of the City Commission d` 3 1992
Resolution of Protest
SUBJECT : to Replant Uprooted
Trees - Melreese Golf
Course
FROM : REFERENCES
Cesar H. Odio
City Manager ENCLOSURES:
Lli
RECOMMENDATION
it is respectfully recommended that the City Commission adopt the
attached resolution approving the Chief Procurement Officer's
decision to reject Landscape Services, Inc.'s protest, in
connection with Bid No. 9/92-C, to replant trees uprooted by
Hurricane Andrew at the Melreese Golf Course.
On May 11, 1992, six (6) bidders responded to the City's Request
for Proposals (RFP) for the above noted service. City staff
evaluated the bids and determined that the bid that was the
lowest most responsible and responsive was received from Recio &
Associates, Inc. and recommended that vendor for award of
contract.
Landscape Services, Inc., one of the bidders, protested this
recommendation for award.
Pursuant to Section 18-56.1 of the City Code, the Chief
Procurement Officer investigated the matter and determined that
the protest lacked merit.
Attachments:
Proposed Resolution
Copy of Protest Letter
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To Cesar H. Odio, City Manager DATE October 16, 1992 FILE
Quinn Jones III, City Attorney
Protest on Replanting
SUEsJECT of Uprooted Trees, -
Bid No. 9/92-C
u ter
Aor`, Chief Pr curement Officer REFERENCES
Department of General Services ENCLOSURES:
and Solid Waste
I hereby request your approval of my rejection of the protest by
Landscape Services, Inc., in connection with the above noted bid.
The basis for my decision, as set forth in the attached letter,
is the fact that Landscape Services, Inc.'s protest has no merit.
APPROVED:
Cesar H. Odio, City Manager
APPROVED:
A. Quinn Jones III, City Attorney
i 4 92- 735
4
opt
CERTIFIED MAIL
Mr. James H. Poynter
Landscape Services, Inc.
1901 NW 18 Street
Building "C" North
Pompano Beach, FL 33069
Dear Mr. Poynter:
k
As Chief Procurement Officer of the City of Miami, I received your
protest dated September 23, 1992, reviewed pertinent documents,
talked with employees and researched the issues, pursuant to my
duties under Section 18-56.1, City of Miami Code, Resolution of
Protest Solicitations and Awards.
The following is submitted in response to your protest letter,
regarding Bid No. 9/92-C for replanting of uprooted trees at Melreese
Golf Course. In your letter, you make the following points:
Point #1
That the City of Miami reserves the right to award the contract in
its best interest and that Landscape Services is competent enough to
do the job required.
Response
As with all City bids, this bid clearly stated throughout that the
s
City of Miami reserves the right to award (a contract) in its best
interest, to any qualified bidder capable of doing the work as
}
required in this bid. No one is alleging that Landscape Service is
I
not competent to do this job.
Point #2
F
That the City of Miami reserves the right to waive irregularities and
that the City's use of the term 'If Any, in the bid document relieves
bidder of compliance with the requirement.
,f
f
Response
The license requirement is cited in several instances in the bid
documents, verifying the significance the City places on it. It was
`determined that it was not waivable. The bid document's Special
'
Conditions, Item 6b, not only required that bidders submit all
information requested on the bid sheet but also stated the
consequences of a failure to provide the necessary information. Item
j
6e required that bidders be fully licensed to perform the work and
>
that copies of said license be submitted with the bid, which was also
specified on the page of the Bid Sheet. While I do not dispute your
firm's ability to perform the prescribed work, you did not comply
with the City's requirement of providing the license with your bid.
�2- 735
yr. .lames Pointer '001\
date
CTIN Page 2
..3.3' Bid No. 9/92-C
The license you proffered, the day after bids were opened, was issued
by Metro Dade County on September 17, 1992 and therefore not in place
at the time you submitted your bid ;on September 16, 1992.
Furthermore, the license is not issued in the Bidder's name but was a
State Contractor's Certificate of Registration in the name of a
Walter Nawara The "If Any" appended in the Vendor Background
Information request does not relieve bidders of the responsibility of
providing full and complete information with their bids, as required
throughout the bid document.
Point #3
That the term 'shall' in Item 12 of the Special Conditions indicates
simple futurity.
Response
The term 'shall', as listed in the American Heritage Dictionary, has
several connotations, one being the meaning you suggested. However,
as in this case and for all bids produced by the City of Miami,
'shall' is the generally accepted legal use of the term, indicating
'compulsion'.
The City of Miami reserves the right on all bids to reject bids and
rebid any project; however, the City decided not to exercise that
option in this instance.
For your information, as a result of F.E.M.A. inspections and further
inspections by the City of Miami, the total number of trees to be
replanted was reduced. The lowest most responsive and responsible
bidder has agreed to abide by the final quantity of uprooted trees
involved and to reduce his cost accordingly.
The City Manager and City Attorney have approved my decision and you
will be notified as to when the matter will be scheduled for hearing
before the City Commission.
Sincerely,
Judy S. Carter
Chief Procurement Officer/Assistant Director
cc: Ron E. Williams, Administrator
Carmen L. Leon, Assistant City Attorney
Diane Johnson, Parks & Recreation
92- '735
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T,Atii,;'>�.�AF't•✓ 5i�attvlCrs, �t'�.
1901. tltt 18TH .3TR ,"k
wiil(lirtg "c:" I`ort:tl
roltpario Deetch, F1 33069
Fepte-.r.m- ?.3 , 11>92
Pxotc!st of A%1,►t;:l of Biel VC). 9 / 9 2 - C
F;t'I.11i1[It.111C� t�k�l.r)(5t.f!tj '1'Yr''e!N ► 1•ti1l Yr':':.if'
At::t: Mr. Alh.erto Ruder, Di>_ockor
^Fp; of Parks and Rec- :eat.iclit
i390 VW 7t•h St.
II-1,? ,i, F1 33),25
Dear Mr. Ruder,
We are in receipt of your letter of Sept. 23, 1992, regarclilIq the.
above mentioned subject and t hci fact that Lanclsic:apc SOx-Vic:a.,s rase,
found to be non --responsive its (:opi6:5 of ttic liL:enye were not sut-
mitted and the occupati.onul license: was not in ctffecA . 1 t.
response to your tirtdinr{c;, we reply that ,tic indicat-od in t ho
"General Information 'i'c) i3idder5" disseminated by thr� City,
ape cif2, 4, 5, and 7 and also in Ll,c-
'Speslal CQttditioZti", ]tc-in.'i nor.. 1, 2, 3, 5, 611), 6e_► 12, 70,
anc 23, that there remains ti)any points for discuE3r.ion . In r11 1
fairness to the City of Miami and 4;ithuut c oIng into .Ir.nelhty dir.
sertatic:ns on why Landscape: :services feels it should be givt.'tt t ho
right to retain its ori(iinal award, Landscape Servi.(,en wAl1}.
respectfully withdraw its PROTEST if the bid goes out for HF-1111)
as we were led to believe c)r: thn evening of nept. 16, 1992.
;.e feel that some of the point; we would like to addrusn at-e:
1. The fact that the City of Niami reserves the i UhL to award
this Federally funded coat cart as may be in its Lest int.ere.:tt
As federal taxpayers, we think one of the criteria :-iould he dal•
lars spent, given the fact that Landscape Services agreed to fur-
ther reduce its price by $35,000.00 when asked by meinber: of tho
rar'r:s Dept., and the City has inspected where we axes ctu.l<etlt l �.`
working and have deterinined that, tie not only have tli,e persottrlr 1
and equipment, but al:Io are C:()iTll7etE!nt . (Xtl'ln:. 2, 4, $ `i and;;t)E.'
cial Condition, 1, 5, h 61,1
?.. ^hc± city of
Mian;i
to tht� ridllt to W,jive lrrr:gulrtrit.ift:+.
Whr'n c:c. ::ere a_;kt!cl
to
it;.e►citic o rtui 1 ie•e!i1 5e, Lhie
trctci donee tilt hilt
24 ht.t,rn. The
vencior }cut J.tJt'nu:td infoxmatic�tt
rc,qua'tr�d by t h+'
Cit;v itt it, o.;n
for,;► 1rt.
"County o
[Ittnicip, Occuol
tional LiCen:;r.•
No. (
IF ANY) (ATTACH S:OPY) .
Thio inf'nt•m•'tt.5.cc►
sheet does not.
roqut:,;t
l i c aus;r i ttr;)rmZit• ictli f :nin
sf>rcllf ic•zti ll► i),;,t.,
i
;,;y, in fact, r�noe etat-e IF ANY, yeti seli.ev6 .the bVIddi.
al zachincg anything, (Itcn:i 7 and sp�i�:. Cond. Ge ttt-atnct;r "Any
_ aiit,_e by the Contractor tv .!omply with these rowlitions 24AY HC:
:CAUSE FOR TERMINATIMI, etc." It: doe" not statF it w.111 he cauee.
Special Ccc?ciitir>tt:, ?tR°r 1', status "'the contractor SHALT, OB--
TAIN AND PAY rtc." vlebst.r r thaL SHALT, iS tined to indi•
:'.A SilVple FUTURITY. 'rlo hi. -I ieve 1-'It: rct ponded at, rit).ir)tly A:t th(!
� ^:.��• reUt.esti.ed.
,f
j c . :;necial Conditions it.�:r:�:; 20 anti 23 address t:hems(Avos to (Ils-
cr,tnitlation. J. Pvynter.''s i;athEi was :100% chwl-okee Indian but
t.`:F'Te c�as t?C) place c�,� ;-.tic+ C'it:y's Form U.) ::ttdic:et e t�hit. and Vt
`:i:!:?.ra 15 ,i:! ?C)Y?C)Xiit',; (jlr i::icil-._;ed Viet.-Il m Vet c-j, [t, ueLviCt!
t . Local preference may }.�e:, applied if the biI i:i not atom' t.ittttt
:'O t in excess.
v.t. ;•.ere second lowest birldor oi- City :-f 1-liami. bid 4 9/92-b, bilt
Lave not protested becavist- we feel that your job in dil-fic'ttl,t.
onough. 13ut, to remain silent in a situation ouch nes the area we
have :Iere, is to allow: a travesty. Thr:reforu on t-hio k)id cte
;.;;uid kindly appLec:iate it if the City could ror,nidel a
Thank you foz your colic, 4.dorat ion in this matter .
Y
sincerely, �r
a.es H. � Pe nter y
''c: Wally Lee, Ass't City Fingr.
Judy Cartes:, Chief Procuritient Offir_-er
Carmen Leon, Ass't City Attorney
its , y 9 -- 735
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