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HomeMy WebLinkAboutItem #02 - Discussion Item0 April 24, 1991 DANVILLE M FINDORFF The City of Miami Miami City Hall 3500 Pan American Drive Dinner Key Miami, FL 33133 ATTN: Matty Hirai, City Clerk RE: THE ORANGE BOWL MODERNIZATION — PHASE 2 PUBLIC WORKS CONTROL NO B-3231—C Dear Ms. Hirai: RECEIVED �1 APIR 25 A,4 7_ 28 CITY Ct. Chit , RA FAXED TO 858--1610 This letter is to request permission for Mr. Charles Flaxman of Flaxman,Flaxman & Lopez and Mr. Dana Sheldon of Danville-Findorff, Inc. to speak to the City Commission at the meeting that will be held on April 25th, 1991 concerning Item 4 of the Resolutions. If ,you have any questions regarding the above, please do not hesitate to contact me. :fully, Ch Hayward Pro ect Manager CRH/mh cc Dana C. Sheldon (D-F) File Its CySSe0> 4Z. 307 5A DANVILLE-FINDORFF, Inc., General Contractors • Construction Managers r` 2811 S.W. 70th Avenue I P.O. Box 140938 /Coral Gables, Florida 33114-Q838 / (305) 262-9337 • FAX (305) 262-7349 4t r 4 tIANVILLE FINC?ONF_ - - sssistant Director/Chief Procurement officer : The Orange Bowl Modernization -Phase 2, 2nd Bid Public Works Control No B-3231-C Gentlemen: banville-Findorff, Inc. has sent a letter under dated April 23rd, 1991, concerning the results of the -.,above referenced Project. separate cover the 2nd bid for In addition to the above, we have been advised by legal counsel and have attached a letter from Watt, Tieder, Killian and Hoffar in response" to your verbal advise that this Project will be = recommended fbr award to the non responsive bidder, Met Construction Inc. Danville-Findorff, Inc., the low 'responsive bidder, will not remain silent should award continue be 'recommended } ,to to Met Construction, Inc. and will respond with legal action to recover all damages_ su inedishould we not be awarded this contract. - Re ec fully, = Submitted into the public .., - Chr s.,R.:Hayward record 'in connection Project Manager vrnith 1 CRH/mh item on cc ; Xavieac L . ;Suarez ` {Mayor) Nratty" Hirai _ J::L , .=Plummer, Jr. (Vice Mayor CitY Clerk ) DRr.;,M,irtt Alonso (Commissioner) Nil ler J. Dawkins (Commissioner) Victor H.:DeYurre (-Commissioner), =F ,r}.CearH, Odio;;f Ci Manager) =' y , � Lae (Asst city..rMana er) , _ ,.IrtiB. Fernaa�ie (Asst :tit Attorney Y ) Neil Pla an #" (Atty .forDFL) �- 'rile ... 9 OANVILLE-FINDORFF, Inc., General Contractors • Construction Managers 2811 S.W. 70th Avenue / P.O. Box 140M / Coral Gables, Florida 33114-008 / (305) 262-Ml • FAX (305) M-73*8 r s� .,, , .,, • �„� r� ni I I yen a�la-ail a cw i war; iiiam mi a a ta" Vvv cgs fee i to, & is ; Kh LAW OMOA WATTt TMM ==N do HOPPAR _ �>!, vvtilTr,Aaynt oAlvt PAUL W, KILLIAN JONN J. J!lYCt bunt so bf OD1rNttt JUN t, Tito". dA, 1LLEN F AANDEI" AW. ROttA"0 tA111� A6MW 6. WAIT IAIMaIY b. AmOol M&IAN, VIN01INIA @i 69 W M24t ItAIY JULM P. HOPPAh MAMK A. &U%%AtA gum M. Mti` ImAw OANIIL E. C040 .�'`• N. - OPULOA CLYDE K tt Al % ROAM K. oft 1'MOMA1 J. MOMLL "L90"ONI (too twom I VALLIAM A. ONAMltiiM DONLAM 0. MIOXMIA4 INLIX aW 0 WA` 1% I OAVID 0, AaaMM LIW J. NAM* 'RLICOiIU W41MINSION D.C. Cf 9A (fDfy i►f41>Ei FMAN611 K. MOULLOVON MICNAIL 0. LOW, I IN L MttT, MWAM KAAL WILMUIIN• DAVIO 0.1AANSOOMla1 sufft 6A um a. Wl"Ast TAM VA"N WAIMINAYON, D.C. "M OAAhtr N 1t�ENLtAT 1OWAAD J. PARROT 044 WAN "No a. NI MLL 61 VCN A. MCMAULIA Q t J. IAKlA 1UMN A. MOLLMI, OAANMUM OPP _ ttNJAMIN T. AIDDLt1. at JOIIMH N. IWO* hl10R, W. NIIta1MANN, M. - 'tIMOMY P.11 OWN JOMN F. PALvV, JA.� NIUMA rLLI ICMILLINb. ON. M. ► t► - MICMAi1D a, MANN. A, DAVID M. JOMNION M. MWA M & N ! iq e bIWID ii. MANbiN1 FAUL A. VARRIA DAM April 2 4 1991 d/DDo FIIANMUMT NAAt . Y11hAti KAIIANTDNII FEDERAL RIF)VILIC DID MAIDAM0. tMtYiIWY = NtNAY 15. DANRpMiM DMMU! O. N. Lt! 1lLItPMDNti = CMTIII a, hma KA'f MLEIN A. OLDEN TILltAX: 011)1� 01� ; DOI'VNA 11 mbeARRAEY JOMN J. MINAMARA = MW J. tk"• iMILLY L. IWALD .NOTAOMMID IN V MINIA = CMIIIM WrA J. W kwo j _vIS fioi• = and I=-bILTjxjtY Submitted into the public record in connection with The City of Miami procurement Management item �- on Lt _ 1390 N.W. 20th Street 1 - P. O. Box 330708: - Matty Hirai Miami, Florida 33233-0708 City Clerk Attnt Ms. Judy Carter Assistant Dirootor/Chief Procurement Officer RPt Hid Protest of Danville-Pindorff on gublio Works Contract No. B-3131-C: , The Orancte Bow]. Modernization - pha�}e 2 Dear No. Carters1 ; This litter is to.inform. you that our law firm, along wit1� the firm.of Flaxman, Flaxman.& Lopez of Coral Gablea, Florida, ; have been retained by Danville-Findorff with _respect to the solid ;- citation of the above referenced contraot ("the Contract"). On z behalf of Danville-Findorff, and . pur>suant to Section 14 of the Instructions, ; to Bidders . entitled "Resolution of Protests',1 we hereby timely file a Hid Protest with respect to the award of they Contraatsto Met,>Construction, inc. ("Meth). The purpose of this letter, is. to protest the award and request that the city.Manager } rso1gnis0 Danville-Findorff as. the lowest responsive bidder under{ + .the.- Contract and recommend to the city; Comtnisaion- that, an award ba made accordingly. ;: �. Asa_=+axplained : iri Danvilig-Findorff ls hatter, to .yaaur, office dated,.,;.Ap ia_22,,1991,rMet, Construction,.Ino.rs ("Met") apparent' lcw. bid, of .$2,�0$3 1oo.00., should be rejected as non -responsive as a Met fniled.to attend the: mandatory April 1a, 1991_gre-bid aonfsr-{ nnoe. (Attached). The Bid Solicitation Supplementary Conditions 1 tat,at Paragraph 00804t.,} !# ..: Y s����'feR.�.S..tbY��M_` L3�i'S k.\t%Cfi f✓=%.'S!- ! .l ... -� .:.: ,:. — _ — —_ _" _ — _ __ _. _ _. .� Inor, xi i f illy t, T1Idirt Ki I I iin 46-24oai ; WAIto T19G6r, K11 Itan 09uvv ice• VVV I 1W• s a�2a-91 ; 3:430M s Witt T16d6h Ki:l l!s M,4 The city of Mimi Procurezent Managazent April 240 1001 Page 2 r 11 INOPNOT1aN Submitted into the public record in connection with item on <_ �i I Matty Hirai City Clerk The bidders shall attend mandatory pro. bid conducted tour of the facility an wall an a pro -bid meeting April 19, 1901 at 9 a.m. from the Orange Bowl Gate 12 Office to got acquainted with the exist- ing work conditions and the scope of the proposed work. This recxuirement is a agndition_ for the bid acceptance. (Emphasise added). rn addition, the bid advertisement for this contract statedt Bidders are alerted that a mandatory Pre -bid conference will be held April 13, 1991 at 900 a.m. at the Athletic Club of the Orange Bowl Stadium. The certification of Attendance called for in Section 00370 is required to be con- sidered an a responsive bidder. The Certificatse of Attendances called for in section 00370, refer- enced above, statest This certifies that the above listed representatives attended the pra-bid conference and pre -bid inspection on April,l2th, 1991 at 9:oo a.m. at the .,Orange Bowl Athletic Club to inspect all affected locations on the job site. Bids~s.received from bidders who do not attend the pra-bid conference will be disqualified. The purpose of this requirement, an wail as its underlying iportasnce., isse. clearly set forth in the above Zrdors evisions.Ths3Cfty:`tselt..itmperative that all prospective attend a pre -bid. site . investigation of the facility in order that bidders could, iribuxa that .the -salts: conditions Oomporte:d with the repro- sentrlti ni set forth in the plans as wail as general and special prov121ons of the Contract. Failure to physically observe the prQj ct prior_to submitting a firm, fixed -price, competitive bid could lead to 'significant disputes involving the interpretation of the contract documents and ultimately result in time-consuming 91- nrwett� Titlsr� Killian ; 4-24-91 ; 3:57PM ; Wd`tt�fii dAr��iTf dr►� 306 26Z ea37;s 1 Submitted into fe public The pity of Miami record in connection with Procurement Management e 3 April 24, ��i Paitem.-_ LA on ± 1 - Pag Matty Hirai City Clerk and costly claims affecting the timely completion of this projeot. The City recognized this dispute potential end, thus, characterised the pre -site investigation as s mandatory pro -con- dition to the acceptance of any bid on this project. It is undisputed that Met did not attend this pre -bid conference nor did anyone purport to attend this conference as the agent for Met. Thus, under the clear terms of the solicita- tion, Met must be considered non -responsive to this solicitation. A representative of your office stated to Danville- Findorff that, in any event, Danville-Findorff is considered by the City to be a high bidder for the Contract. The basis for this argument is Danville-Findorff's obvious and inadvertent transcription error with respect to certain item subtotals into the unit price sections of its proposal. It is they City's posi- tion that these huge unit rates should be extended across to obtain.exaggerated unit subtotals. Following this logic, the city argues that Danville-Findorff's proposal for the Contract is really in excess of . bill on instead of the $2,292,000 base bid submitted. The City also argues that Danville-Findorff omitted certain unit rates from its proposal. However, these unit rates may easily be obtained by dividing the unit subtotal by the specified item quantity. Based on well -established public procurement law, the Cityre position is without merit. The inadvertent transcription of the unit subtotals is a patent mistake apparent on the face of the proposal. Moreover, these alleged unit rates should have appeared astronomically high when compared to unit rates from other proposals and the City's own estimate for the Contract. Such patent mistakes may be easily corrected by the City itself. The general rule in public procurement law is that a bid ,should not be corrected if the corrected bid will displace the original low bid except where: (1) the uncorrected on inal bid is rosponsivat and (2) the intended bid can be ascertained sub- stantially from the invitation and the bid itself. Wiikingon & hUnkins CAnstruction Con R=yj Comptroller General Decision B- 1826871 February 4, 1975, 75-1 CPO 177. In oTKM Construction cO�, B-219619, September 5, 1985, E5-2 CPD 1273, the Comp- troller -General determined that a -Bidder's mistake in adding five subtotals on the bid form could be corrected and result in the displaoament of the apparent low Bidder when the correct amount could- be determined from the faces of the bid itself. While an 91- 307,1 1 The City of Miami Procurement Management April 24, 1991 Page 4 SubMitted into the public rd in connection with item. L —on Matty Hirai City Clerk omission of a price from a bid will normally make it non-respon- siVe, the omission can be corrected if the bid indicates not only the probability of error, but also the exaot nature of the error and the amount intended. slater, 8laotrie, B-163654t August 26, 1975, 73-3 Crib 1126. The correct Item Prices, Unit rates, and Base Contract amount are $asily ascertainable from the face of Danville- Findorff's proposal. Based on all of the above, the City is on actual or con- structive notice of Danville-Findorff's bid mistake. Failin a correction of these minor mistakes by the City itself, the City is obligated to verify Danville-Findorff's proposal prior to Contract award. Accordingly, attached is Danville-Findorff's corrected Proposal for the above -referenced contract. (Attached). . In the event that the city fails to recognize Danville- Findorff as the lowest responsive bidder under this Contract, Da►nvillb-Findorff will have no alternative but to exercise its legal rights pursuant to saction 14 of the Instructions to Bidders referenced above. If you have any questions about any of the above, please contact.the-undersigned immediately. vary truly yours, KIL AN & HOFFAR far April 23, 1991 DANVILLE FINDORFF Submitted into the public record in connection with item ......,.Li,on - _ I . Matty Hirai City Clerk The City of Miami HAND DELVERS.D Procurement Management 1390 N.w. 20th st. P.O. Box- 330708 Miami, FL 33233-0708 ATTNs Ms. Jody Carter Assistant Director/Chief Procurement Officer REs THE ORANGE BOWL MODERNIZATION - PHASE 2 PUBLIC WORKS CONTROL NO B-3231-C Dear Ms. Carters Danville--Findorf f , Inc. has carefully examined bids received by the City of Miami for the above referenced project. Bids were received by the City of Miami as follows: Met Construction, Inca Base Bid $2,083,100.00 Danville-Findorff, Inc. Base Bid $2,292,000.00 `Altman Barry, - Inc.--- - -- Base Bid.. - $2, 914, 000.00 'At bid opening time, MetConstruction was the apparent low bidder; however, Met Construction did not attend the pre -bid conference held at the `Athletic Club in the Orange Bowl on April 12th, 1991. The City':of Miami specifies that the low bidder will be determined As follows: "The low, bidder will be the Contractor with the lowest base bid. The additive item bids will be evaluated separately and if in the i City 'a opinion the `prices for these items proposed` by the low bidder are excessive, then the City may elect not to proceed with any one or all of the additive items. Unlike the original bid, where attendance at the pre -bid meeting was riot addressed iWthe advertisement for bids, the bid advertisement was°addressed, as follows: v Continued On Page -2- 91_ 307- r +i DANVILLE-FINDORFF. Inc.. General Contractors • Construction Managers i 2911 SX 70th Avenue / P.O. Box 140938 1 Coral Gables, Florida 33114-OW 1(305) 262-9337 • FAX (30N 262.7349 G W SubMitted into the public r8cord in connection with . iludy Carter item __q_ on A April 23, 1991 Page „�,� Nutty Hirai Cite Clerk "Bidders are alerted that a mandatory pre -bid conference will be held April 12th, 1991 at 9t00 a.m. at the Athletic Club of the Orange Bawl Stadium. The Certificate of Attendance called for in Section 00370 is required to be considered as a responsive bidder." Attendance at this pre -bid conference is mandatory. "Failure to complete, sign and return all bid forms in their entirety shall deem your bid non -responsive." The preceding paragraph (form 00370) requires certification that the bidder did attend the pre -bid conference of April 12th, 1991. The following is the language utilized in form 00370: "This certifies that the above listed representatives attended the pre -bid conference and pre -bid inspection on April 12th, 1991 at 9:00 a.m. at the Orange Bowl Athletic Club to inspect all affected locations on the job site. Bids received from bidders who do not attend the pre -bid conference will be disqualified." As exhibits, we have attached the following: a. A complete copy of the bid submitted by Met Construction, Inc. b: --._A. copy of' the attendance' report for -the pre -"bid meeting . C. A copy of the bid advertisement r From these documents, the following should be noted: ;f a. Met Construction did not attend the mandatory pre -bid meeting; b. Met Construction certifies attendance at the pre -bid meeting in their bid documents by listing International Steel Industries, Inc. c. Met Construction states on the subcontractor list, Page 00310, that they will be executing all steel work by themselves. Danville-Findorff, Inc. has demonstrated beyond all reasonable. doubt that Met Construction did not attend the mandatory pre -bid conference. on April 12th, 1991, and as stated on Page 00370 of the bid'form Met Construction cannot be considered as a responsive bidder for this Project. As attendance at the pre -bid conference is mandatory, non .attendance by a bidder is not a minor bid irregularity and, accordingly, cannot be waived as such. Continued On Page -3 i 91- 307.E Y i- Ms. Judy Carter April 23, 1991 Page -3- Danville-Pindorff, Inc. is requesting that the City Manager recognise Danville-Findorff, Inc. as the low responsive bidder for .this Project and make a recommendation to the City Commission accordingly, - As lowest responsive bidder, Danville-Findorff, Inc. stands ready to execute a contract with the City of Miami for this important = Project, man the project accordingly and complete the work within time so stated. ect u Y, JCsR. Hayward nn'ttedinto the public Manager r"Ord iu connection with cRH/mh item ---_._.on WLa ram. Enclosures Matty Hirai cc. Cesar Odio .(City Manager) CitY Clerk e Mr. -Luis. Hernandez (Atty for COX) —� Mr. Dana C. Sheldon (D-F) Neil Flaxman (Atty for D-Fs Inc.) a File y, t � k L :i� f11 1 t N ty nv y bn r ��f 91 - o7. s { .... i 00310 P A0P0S,AL, -- ORANGE BOWL STADIUM MODERNIZATION PHASE II B��231-C pMMISSION OF THE CITY C OF M I AM I , FLORIDA (2nd Bidding) DATED : 4-22•-91 Submitted into the public SuBMITTED BY: Danville Findorff, Inc � record in coni%ecton with ADDRESS: 2811 S.W. 70th Ave. item Lk onMiami Ft, 33155 ... Ma"Rjjjfdr.ATE OF COMPETENCY No.: CG CO20551 City Clerk Gentlemen: The undersigned, as Bidder (herein used In the masculine singular, Irrespective of actual gender and number) hereby declares that the only persons Interested in this Proposa! are named herein, that no other person has any Interest in this Proposal, or In the Contract to which this Proposal pertains, that this Proposal Is made without connection or arrangement with any.other person and that this Proposal Is in every respect fair, In good faith, and without collusion or fraud. t The Bidder further declares that he has compiled In every respect with•,alI of the Instructions to Bidders, that he has read al! .Addenda Issued,prIor to the opening of Blds, and that he has satisf led himself fully relative to all matters and conditions with respect to the work to which the Proposal pertains. f The Bidder proposes and agrees'. If this Proposal is accepted, to `. execute all appropriate Contract Documents for this purpose of estabIIsh'Ing a formal contractual relationship between him and .the City of Miami, Florida, for the furnishing of all materials, equipment and the performance of all work to which this Proposal pertalns. .The :Bfdder further agrees to execute a Contract and furnish n �. satisfactory one hundred percent (100%) Performance Bond therefor { wlthln ten (10) consecutive calendar days after written notice being given by the Engineer of the award of the Contract. ' The - B I rider cep t i f l as that this Bid Is based upon all Items as shown on the: Plans and/or listed In these Specifications, and _that.he_ha8 made`no changes in these Contract Documents. I -The Bidder further declares that he has carefully Inspected the s l to of .the ,proposed work.. "Failure to complete, sign and return all bid forms in their entirety shall } r - deem: your bid.non-responsive," . 77777 u 00310 PROPOSAL Page 3 B-3231-C F l i a , • 003110 IT ORANGE 9OWL STADIUM MODEANI2AT1ON PHASE 11 ITEM 4: For furnishing all labor, material and equipment required for the supply and Installation of ` the `elestomeric deck and waterproofing Coating,* In accordance with the spedifieations and as shown on the construction drawings, the lump sum of Sixty -Five Thousand Dollars Dollars and No Cents Cents 065,000.00) ITEM 5: For furnishing all labor, material and equipment required for the remedial work to be done on the base of the columns along the rows K, and M, as shown on P.S. S 4.2, Section 11/S 4.2, the unit price of Six Hundred Twenty -Five Dollars Dollars and No. Cents Cents ( $625.00 X 96 ITEM B: .For furnishing all labor, ` material and equipment required for the performance of the plumbing = Work shown``on the construction drawings (P.S. P-1. ihru P-2) and ' In,accordance w.1th the specIficat1on30 . .h4 . the lump sum of ` U 'Thirty Thousand Dollars Dollars and A O ; . ti No Cents Cents ($30,000.00) 44 1 TEM 7: Prov I s ion for Special Item,. - ;as;•not-ed In Supplementary.Condltlons, the lump sum of TWO HUNDRED THOUSAND Dollars and NO Cents ( j Vi ITEM f ;mA 10 PROPOSAL PA a a B-323 1 -C -:0ANGE BOWL. STAR I LIM MODERN I ZAT I ON PHASE 11 A6011`IVE ITEM: All additive Item amounts Must be provided or the bid Shall be deemed non -responsive. Any additive Item shall be considered Independently and shall Include all the related overhead and profit. No additional compensation will be allowwd for this matter. ITEM At For furnishing all labor, material and equipment e6qure I d for the performance of removing and reinstalling all benches at the upper west and zone and painting the upper surfaces of the upper west end zone steel, as described In Specifications Section 09910-4. This Item assumes that total containment Is required due to lead content of the existing coating to be removed as specified In Specification Section 09910-6. One Hdndred Forty Thousand Dollars Dollars and No. Cents cents 140,000.00 ITEM A ITEM Bs For furnishing all labor, material and equipment required for the performance of removing and reinstalling all 6inches at the upper west end zone and painting the upper surfaces of the, upper west end, zone steel, as described In, _SPecIfIcatIons Section 09910-4. This Item assumes that total containment Is" notrequired due to lead content of the,_ e,Xlstl*ng coating.,to be removed as specified In Specification SfiCtlon,09910-6,` One Hundred -Five Thousand Dollars and Cents Cents $ 125,000.00 Submitted into the public ITEM B record in connection with item on Matt y Hirai City Clerk `ftllure to complete,all Sign and return bid forms In their F entirety retY shall -,deem your bid non -responsive.* C • 00310 ORANOE BOWL STADIUSA MODERNIZATION - PHASE 11 ADbITIVt ITEM: All aejdltive Item amounts must be provided or the tAd shall be deemed non -responsive. Any addItIve Item Shall beconsidered Independently and shall Include all the related overhead and profit. No additional 00moensatlon Will be allowed for this matter. C t: ITEM C: For furnishing all labor, material and equipment C required for the replacement of approximately 45 concrete joists for steel joists (W 18 x 31) Including the related concrete decking and structural modifications In accordance with the C specifications and as shown on the construction drawings (A-18 S thru A-21), the lump sum of C ade,Hundred Ninety Two Thousand Dollars and 146 Cents Cents $ 192,000.00 ITEM C ITEM 0: For furnishing a I I I abor, material and equipment required for the supply and Installation of approximately 356 .arm chairs, in accordance with the specifications and is shown on the construction drawings, the unit price of 4 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM to: Honorable Mayor and Members DATE : FILE : B-3231-C of the City Commission APR 1 81991 SUa,ECT : Resolution Awarding Contract for ORANGE BOWL MODERNIZATION �t �. 1 PROJECT' PHASE II (1991) FROM ; V REFERENCES: ( SECOND BIDDING) Cesar H. 0 City Manage ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt a resolution authorizing the City Manager to enter into contract on behalf of the City with the lowest responsible and responsive bidder, for the ORANGE BOWL MODERNIZATION PROJECT PHASE II (1991) (SECOND BIDDING) B-3231-C, which will be received on April 22, 1991. The project consists of joist replacement painting, electrical work and miscellaneous repairs. The project is located at Orange Bowl Stadium, 1501 N.W. 3rd Street, Miami, Florida. BACKGROUND- Cost Estimate: $2,800,000.00 Source of Funds: Fiscal Year 1990-91 CIP Ordinance No. 10782, as amended. Invitations: 215 invitations mailed. Public Hearings/Notices: No public hearing/Bid notice published. Assessable Project: No Discussion: The Department of Public Works will evaluate the bids 1 to be received on April 22, 1991, and will determine which will -be the lowest responsible and responsive bid, at which time a recommendation will be submitted. Funds are available to cover the..eontract cost, and for such incidental items as postage, blueprinting, advertising; and reproduction costs. a* Attachments Proposed Resolution 1 7 at q rt 91