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Home My WebLink AboutR-92-0736J-92-797 11/4/92 #�, o RESOLUTION NO. A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST OF DELTA CONTRACTING COMPANY, IN CONNECTION WITH BID NO. HA 007, TO PROVIDE DEBRIS HAULING FOR TWO SECTIONS OF THE CITY, AS IT HAS BEEN DETERMINED TO BE WITHOUT MERIT. WHEREAS, on October 7, 1992, the City of Miami solicited informal bids to provide debris hauling for two sections of the City of Miami; and WHEREAS, on October 14, 1992, the City of Miami received thirty-five (35) responses to said informal solicitation; and WHEREAS, after review, the City recommended for award Tobin Construction Company, under its local preference resolution, because its bid was within four percent (4%) of the lowest bidder and its primary office location is within the City of Miami limits, at 1767 Micanopy Avenue in Coconut Grove, Miami, Florida; and WHEREAS, on June 11, 1992, Delta Contracting Company, one of the bidders protested this recommendation for award; and WHEREAS, the Chief Procurement Officer, pursuant to Section 18-56.1 of the Citv Code. in her role afi arh;tor_ investigated the matter and determined that Delta Contracting Company's protest was without merit and has rejected the protest; and cxr comusaCw MEE we ar NOV 12 M2 92- 736 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 Delta Contracting Company;! s 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 Delta Contracting Company, in connection with Bid No. HA 007, for debris hauling for two sections of the City of Miami is hereby approved. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of November , 1992. XAVIER L SUAR Z, MAYOR ATTES MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: CARMEN L. LEON ASSISTANT CITY ATTORNEY BSS:M3259 APPROVED AS TO FORM AND CORRECTNESS: /� iw 10, At QUIINN S, III CITY ATT EY -2- CITY OF MIAMI, FLOAIDAis INTEP-OFFICE MEMORANDUM , i Honorable Mayor and Members '= r� TO : DATE : NO L j .992 FILE of the City Commission "I Resolution of Protest SUBJECT : to Provide Debris s Hauling, Two Sections, HA 007 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 Delta Contracting Company's protest, in connection with Bid No. HA 007, to provide debris hauling for two b sections of the City of Miami. BACKGROUND On October 14, 1992, thirty-five (35) bidders responded to the City's informal bid for the above noted service. City staff evaluated the bids and determined that Tobin Construction Company's bid met the City's local preference requirements and recommended that vendor for award of contract. The firm is located at 1767 Micanopy Avenue and its bid was within 4% of the low bidder. ' + Delta Contracting Company, the low bidder, protested this } recommendation for award. This company did not qualify for local preference. Pursuant to Section 18-56.1 of the City Code, the Chief Procurement Officer investigated the matter and determined that the protest lacked merit, as detailed in the attached letter. Attachments: Proposed Resolution Copy of Protest Letter 92- 736 IS-/ CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Cesar N. Odio, City Manager DATE : FILE A. Quinn Jones 111, City Attorney Protest on Debris SUBJECT : Hauling - Two Sections, Bid No. HA 007 FROM : Judy S . Carter REFERENCES Chief Procurement Officer Department of General Services ENCLOSURES: and Solid Waste I hereby request your approval of my rejection of the protest by Delta Contracting Company, in connection with the above noted bid. The basis for my decision, as set forth in the attached letter, is the fact that Delta Contracting Company protest has no merit. APPROVED: Cesar H. Odio, City Manager APPROVED: A. Quinn Jones III, City Attorney 92- 736 3 f Mr. John Ramsay Company Delta Contracting 9703 S. Dixie Highway Miami FL 33156 Re: Bid No. HA 007 for Debris Removal - Two (2) Sections. Dear Mr. Ramsay: Of Miami, I received As Chief Procurement Officer of the 1992, reviewed pertinent your protest dated October 15, the documents, talked with employees and researc y of Miami sCode, pursuant to my duties under Section 18-56.1, City Rolic t t ions and Award@ Kea The following is submitted in response to Your letter protesting the award of section two of thisbid located d within to Tobin Construction ecCity Company, a firm with its primary of Miami limits. On the first page of the informal bid document dders" stat dtober 7, clearly - 1992, paragraph four oflthiocaltp that the to City could app y reference to make an award he - the low bid, provided that this bidoder 3 me which other than's Charter Amendment conditions of the City submittedy a authorizes "that if the amount of a bid... contractor whose primary office is located within the City of Miami is not more than ten percent (10$) trexcess tors may the eawa awarded other responsible bidder. .-such local con the contract." (Resolution 87-679 attached) - as you yourself admit in your October Delta Contracting Company, tter, has a home office which located anfeaw milesoutside the i15 other the City�of Miami. Tobin Construction Cop y. the hand, is located in the Coconut Inraddition,ve ion 0 yourfbid pricey for Miami, at 1767 Micanopy Avenue. rice for the section two of the bid was $37.21 per ton. Tobin's p $38.72 per ton. The difference between the two same section was ton or 4.05$, which falls within the bids is $1.51 per requirements of the charter amendment. 1992, Anne On Friday, October 16, Whittaker, Procurement George Contracts Officer, received a telephone Delta Contracting company's pupontis of your firm, alleging that It was primary office was located within the City of Miami. 92- 736 S Delta Contracting -,)mpany October 22, 1992 t page 2 brought to Mr. DupontisI attention that Delta Is bid indicated only one location of 9703 S. Dixie Highway, which was shown on your stationery, your license and written on page 14 of the bid proposal. (See attached) Based on the foregoing, I am rejecting your protest. The City Manager and the City Attorney have approved my decision. Sincerely, Judy S. Carter Chief Procurement Officer/Assistant Director cc% Carmen L. Leon, Assistant City Attorney 82-'73S art. iS 'y� i�:<< �kit✓ yIL�, _ .� ----_ .. -- Defto kountracting to, 1 9703 South Dixie >tieheap. Suite 36 Miami, Florida 3306 ran 0063 606-e6ie Offloe (003) Goi..6311 ar Mobile (305) 322-4209 Gasper : (306) 484-7608. Ansrorilr0 Service: (305) 647-2937 Tot The City of Miami Attna Ms. Judy S. Carter Chief procurement Officer Miami, Florida Fromm Delta Contracting Company 15 October 1992 Rev Formal Protest Dear Ms. Carter, This letter is to inform you that Delta Contracting Company Is formally protesting the award of Contract HA 007, opened yesterday, and awarded to Tobin Construction. We formally inform you under section 19-56.1 of the city code, subsections (a), (b), and (c). iILlso we extend this formal protest under city code 18-56.2, subsections (a) and (b). Our home office is located only a few miles outside of the city of Miami, and in keeping within the spirit and intent of the local preference clause, we feel that we moot the criteria. Any prudent person would consider Delta Contracting a local contractor. Justifying the gnat increase in cost to the taxpayer will be hard to do, for simply a technical matter of a few miles difference between the two contractors. I am sure we meet the criteria required in the local preference clause regarding our local disbursements and contributions to the City of Miami. Our people and equipment live and pay taxes with business's in the City of Miami on a daily basis, just as much as any other business that is in the city limits. I can see no real difference between Delta and Tobin. Not only that, but in the just released phone book, them is no Tobin Construction listed, nor does information have a telephone lisitng for them. This award, is unfair, and inaccurate. We are the low bidder, and awarding this to Delta, the legitimate low -bidder, will move the Taxpayer money. 92- 736 JC L. Delta Contracting co, 9703 South pixie 210heay, Suite 32 via,zi, Florida 33136 an c305) doe-$W Office C306) 661-4311 or Mobile (005) 322-4200 Deeper : (306) 464-7498, Answering Service : (300) 447-29V With the alrea:y high cost of the hurricane Andrew recovery efforto how can you justify rejecting our low bid bated on a trivial matter of a few miles? Hest RegardPO., Jahn Ramsay JCR/ih cc: FEMA National Headquarters 2 Virginia ccs FEMA Miami Contracting Division, Mel Schneider and Roger Free ccs George DePontis cc: Amanda EEsquibal, P.A. ccs M. Donald Drescher. Attorney at Law cc: Miami City Commission cat Miami City Attorney ccs Miami City manager cat file (2) 92- 736 HA 007 DID PROPOSAL SHEET CITY OF MIAMI - HURRICANE ANDRrW DEBRIS REMOVAL '311)DEP. agroes to perform A.J. tlw 1ENTS for the followinq priclPF11, will not i:espon,.:-J.' rotain al1 wc;-dght: tickuts fc,r vc I j. ---ca amounts. Vebris Removal -- SI"CTION I 11PICT. ..Lft 11014: k, b 0 Met el AJel IS r. bra RVAT,)V,71.1 - SI",CTION 2 PRICE FE)" TON: 76011 *7�2 -A rrty. e 11h eZA)(,j 0 L /070- (Figures) — 13 — w Social Security Number or Federal Employee Identitlication Number J`Q I9 7 1-771 LV -7 3 L Occupational License: D 37 / yet ` Z- _ Ex PTress � Afr- �--.---, (Copy of license must be attached to bid) BIDDER- !! o '3 IC sMtA� SIGNATURE: P R I NT s TITLES P12xz-oc-N7_ PRINCIPAL PLACE OF BUSINESS (ADDRESS): ADDRESS: PHONE: �.Z-po�•7 FXIP BEEPER: oaoE COUNTY 1992 OCCUPATIONAL LICENSE TAX 1993 TAX COLLECTOR DADE COUNTY ^• STATE OF FLORIDA FIRST CLASS U.S. POSTAGE NO W. FLAGLER ST. EXPIRES SEPT. 30, 1903 PAID 14+n FLOOR •MUST SE DISPLAYED AT PLACE OF BUSINESS MIAMI. FL FL 33130 PURSUANT TO COUNTY CODE.CHAP.TER &A - ART. 9 A 10 _ PERMIT NO.231 RENEWAL BUSINESS NA�v�'c: LOCATION UCENSE NO. 037149-2 -'; _•�' : +ICTION CO C C 9 CGCO07572 L 'Y AV aaoa O NEr UCTION CO Sec. T; n -!e EMPL3YE S UTLDING10 DO NOT FORWARD VIR r M CONSTRUCTION CO . ` 1"4 lC 4N0-PY AVE rL 33133 i ill��ur��lrrr�fuiiririrrr �ur��rrr�r�u)r��rrr�� 3 92- 736 :3 DID PROPOSAL SHEET CITY Of MiAMI - HURRICANE ANOREW DEBRIS REMOVAL BIDDER agrees to perform all the work descrA bed in the DID DOCt]MPSNTS f0f thv following price per tons VTNDDR will not be responsible for tipping f000l howvvor, VENDOR must retain all weignt tickets for verification of zonnagre and invoice amounts. Na-brla Removal - OBOTIO14 ] Debris Removal - SECTION 2 PnTVn PIM WYs (riyy&ad) PRICE PER Z,ON I (Figures) ■ FIRST CLASS U.S. POSTAGE PA10 MtAW. FL PERK T 140.231 272845-0 uc>=Nse r a 285856-2 BUSINESS NAME/LOCATION DELTA CONTRACTING INC 33156 UNINXDADEwCOUNTY 3H OWNER DELTA CONTRACTING INC EMPLOYEES Sec. Type of Business 213 MOVING/HAULING SERVICE(LOCAL) 8 TN1! IS AN O"UTA• 77pNAl TA71 ONLY R DOES NOT PERMIT THE UCENt:EE TO VIOLATE TORY E4LAWS RZONR10 �, ,THE eouNrY r�+ DO NOT FORWARD EX pT j,ryr L t�M E DELTA CONTRACTING INC JJgOOHN RAMSAY FiIAMISFlD.2HWY 33 56 3H PAYMENT iMCENEI calf c#RINTY ux couzc oft /Oy4 1080/0�1 jj t { {{ j ! j 1 r 0 0 0 13 5* 0 0 111'�11r� 11#11�91111 r' f r lr l 1 r1 lr t 1 r/ r1"r{1 IE iirrl SEE OTHER SIDE �t '1 E: t i t HA 007 r or Federal Employee Identification Number & 3 - /ASOFS1.5" Occupational License: Expires:.—,q_9.,, (Copy of license must be attached to bid) BIDDER: I � SIGNATURE: PRINT: OV��A jZsa� TITLE: (CFrT�S PRINCIPAL PLACE OF BUSINESS (ADDRESS): Cl-?03 5 17,x, e. kLotl- 3- L ADDRESS: AiAk E( pr 33( Sao PHONE: 3oS- 3zz- �zA� pc �ZZ-�Zoi