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HomeMy WebLinkAboutR-89-0445RESOLUTION NO. 89 -445 A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTESTS RECEIVED PROM BERMELLO, KURKI, & VERA, INC. AND FROM BOSCO, KIRKLAND ARCHITECTS AND TO UPHOLD THE PROTEST RECEIVED FROM CHARLES HARRISON PAWLEY, ET AL, IN CONNECTION WITH THE REQUEST FOR PROPOSALS FOR THE PROCUREMENT OF PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE CITY ADMINISTRATION BUILDING, PHASE II. WHEREAS, in connection with the request for proposals for the Procurement of Professional, Architectural and Engineering services for the City Administration Building, Phase II it was determined by the Chief Procurement Officer in his role as the arbiter of bid protests pursuant to Section 18-56.1 of the City Code that the firm of Bermello, Kurki, & Vera, Inc. had submitted expired Architectural and Engineering licenses; and WHEREAS, it was also determined by the Chief Procurement Officer in his role as the arbiter of bid protests pursuant to Section 18-56.1 that the firm of Charles Harrison Pawley, et al. - had provided proof of an architectural license for this firm,and his firm is the prime consulting architect and it having appeared on the response of said protesting entity that two additional - architect firms were designated therein as consultant architects and as such are not required to. have separate Florida architectural licenses; and - WHEREAS, it was further determined by the Chief Procurement- Officer in his role as the arbiter of bid protests pursuant to ufi' Section 18-56.1 that the bid protest filed by Bosco, Kirkland` - Architects be rejected as untimely because it was not made within fourteen (14) days of the decision to disqualify that firm as required by Section 18-56.1 of the City Code; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY; r u =now? OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in PrsAmble ; to this.Resoluti, are hereby adopted by reference thereto : aid incorporated herein as if fully set. forth ' section, CITY, W,§011131� ,--CO F R�S9tdlTlON � c 9 � ,- rage._ 1 _of 2, -BID SECURITY LIST DID IYEM:� AdnL istration Suilding Phase 71 Project DID NOs DATE BIDS RECEIVED: ,gahrLarg . 21 ,�.1989 11 0 0 a.m.- TOTAL BID BOND (or) BIDDER BID AMOUNT CASHIER'S CHECK Harper Carreno, Inc. Architects International, Inc. Rodriguez Khuly Quiroga Archit cts The Architectural Partnership, Inc.. Borrelli & Associates Charles Harrison Pawley _ Stull and Lee Inc.(Joint Venture)/ Architectonica International dorp. Bellon Perez & Perez, Inc. Taquechel-Eguilior & Assoc., Matthews and Associates The Smith, Korach, Hayet, Haynie, Partnership Gambach Architects, Inc. D N N Architects Engineers B K V, Inc. c. Tilden & Associates, AMchite.cS. Andres Duany and Elizabeth P1 ter-Zyberk, Architects i`'r Pancoast, Albaisa, Architects t° Spillis Candela & Partner, In H.J. Ross Associates 2r The Russell Partnership, Inc. (.Continued). 3 F 5 3i RECEIVED 'envelopes on behalf of Department of Develo meet a r t apartment SiOMED: DATE: k} 4 •-s- --,. ,a , ;,�r�, - Received the hereinabove described checks" this day of, i in Connection with the; hereinabove citedbids, .w ich were an d to the unckrOshe onb6hWf ` ^CC% intin$ pivision(or) (City Department) !4. DAT ° ka 10, OEM! - '• 1 v+ ��'1 `:. '✓�v :�'„�c .l{ .�, .�r t1;„f, yb s _ 'u �Y � „E.yys t'X ,f�i .�yfia..� ' - r -. ��s� C� � ..t ..x.,. . r s.4 .'s 4<. •- -''•t ,,r..`mi ��"iuc��.�r_. --___ r' y,yf� f1r S -BID SECURITY LIST so ITEM: C t Administration Building,Phase 11_. Pro ' ect(Continued) NO. RPP_ DATE BIDS RECEIVED: February 21. 1989. 11: Q 0 a . m , - TOTAL BID BOIL (or) BIDDER BID AMOUNT CASHIER'S CHECK ,. j Lemuel Ramos and Associates H M D Group Bosco/Kirkland Architects • ODA fir. • �� �,t�-r��,�„if + t c-' s t ss S f 4 RECEIVED { ) envelopes on.behaif of Department, of ..'Development;., SIGNED. {City Departmentjr • DATE: La p Received the hereinabove described checks this day of — in connection with the hereinabove cited bids, w ich were anded to the un rsigneon alf:o Ilk Accounting Division (or)', (City Department)`, �• r o-sr rxt�� �� .DATE: .,n u F'�'q. F' s it ti $ City CerR o- February 21, 1089 _ y Roney Mateu Matsu Rizzo Associates RB: CITY OF MIAMI ADMINISTRATION BUILDING PHASE II .A Dear Mr. Matsu: As requested by you, I am confirming What transcribed in connection with your proposal for City Administration Building,' Phase II project. You arrived at the City Clerk's window at approximately 1:30 p.m,' to submit a proposal for the above captioned project which was due at 11s00 this morning. I called Bob Clark, Chief Deputy City Attorney for guidance on your late submittal. Mr. Clark referred' me to Juanita Shearer, Department of Development, who is handling the proposals for the project and is the individua4 to decide what to do with your proposal. I called Ms. Shearer who informed me that your proposal was late and therefore could not be accepted. Ms. Shearer stated you had come in this morning a few E minutes after 11:00 and she had informed you then that the -proposals were late and therefore could not be accepted. While I- was on the phone with Ms. Shearer, your telegram arrived (copy § attached) indicating to us your grievance. s. s If I can be of further assistance, please let me know. 'K Sincerely,¢ Sy is Lowman Ch of Deputy Clerk' r �w OFFICE OF THI CITY CLERK/City Hall/35M Pan American Drive/P.0.8ox 33070E/Miami, Florida 33233-C748/(305) 5TF�06S J r IAMIts��IyyFL ICa IPM*Tu CSP ICZC" 3058840554 FRB TDMT COCONU'T A3R0VE'-F ,_173 02-21 1941P CST Oft CITY CLERK CITY OF . 411*1, AT. DLY MGM. DLR " . PAN AMCAICAN DR z MI'IAMIFL 33133` I ATTEMPTED TODAY TO PRESENT OUR TEAMS RESPCNSE TO THEtwo"', ADMIINISTIti 't'iCM1 `BUYLbING PHASE I I AT APPROX IMATEI..Y , 114 AT HAL1. 1. { I WAS DENIED ACCESS TO THE CITY CLERKIS OFFICE BY JUANITq 8lbER�. ` WHO INDICATED THAT SHE WOULD NOT ACCEPT NOR VALIDATE BY $TANG OWR � ` SUBMISSION. ALTHOUGH NO TIME PIECE WAS VISIBLE ON THE EXTERIOR OF THE BUILDING. A DISCUSSION OF SOME DURATION ENSUED. AFTER WHICH.WE WERE FINALLY PERMITTED TO ENTER. RECEIVING A STAMPED RECEIPT BEARING m,. —, 110SAM AS THE TIME MARK. 3 MINORITY CONTRACTOR. I VIEW THIS ,REJECTION AS UNJUST. CAPRICIOUS`.. ASAM :..;. AND ARBITRARY. I HAVE SPENT SUBSTANTIAL TIME AND FINANCIAL RESOURCES — . TO PREPARE OUR SUBMISSION AMID-TO.$E REJECTED.ON.SUCH.A QUESTIONABLE o TECHNICALITY WITHOUT IMMEDIATE PROOF OF THE TIME. IS PATENTLY UNFAIR. •.� ...rr� rra.r r.r r....wrw . write w14wr.ww TA —..— -- — —r� ui �vr%l MT I\leTMIi — ;�:; �' tN� tk�► ;_ �' �. .. ,. _. . ,; i� . � � =s .� 3 ��� � .�� _ Z t Y J,}. CP{ fA t� t !;_ �� TRANSACTION REPORT' f FEB-21-89 WED 15 -0 - DATE START RECEIVER TX TIME PAGES NOTE f + EED-21 15:41 3719710 1926°7 3 OK., :'�::t::fi+-'f•4'W3Y��-*=fi***:'YY•k?kk�k�*�k/:�k�•f=*k�k:F:k�*.R�*}:****�+►-***�:K!k*kW?Y•#:*��k+k x - � sr 77777 I: cf `3 3�i z s q; I S 1 .. f. . `'Tasan r] CITY OF MIAMI, FLORIDA �[MEMORANDUM 3 f 1 1 -- 9 e's 2: 7J3 to February Matty Hirai DATE : y 2, 1989 City Clerk ► 1 I City Administration (: i TV ! r SUBJECT r ;-' Building Phase Il Juanita D. Shearer, AS FROM _ Landscape Architect IIIREFERENCES: Department of Developm t RFP V ENCLOSURES: RUE Please provide us with assistance in the receipt of proposals from Consulting Teams for professional planning and design services related to the City Administration Building, Phase II, w to the City Clerk's Office at 1:OOAM on Februar �ob�esub;,,itted I have discussed the deadline with Ms. Silvia Mendoza of your staff and the Public Works Department to ensure that there are no conflicts with this submission date. — For your reference this memorandum is accompanied by the Request for Proposals Document, (RFP), which includes the public notices on pages 3 and 4. The cover of the RFP and page 9 indicate the time, date and location of submission. The first Public Notice for this project which, was published in three papers and mailed directly to the + 1000 architects and architectural firms inDadeCounty, indicated a RFP issuance date of January 13 and a submission date of February 6, 1989. We were unable to provide. the documents to prospective proposers on the issuance date and revised the schedule as indicated in the jl Revised Public Notice and RFP. Based on a discussion with the Law Department, Revised Public Notices were published in the same papers but we did not send out revised direct mailings. Both public notices indicate that all interested firms must contact me and therefore we sent out the RFP, which includes the original and revised public notices and a letter explaining the revised schedule to all those who have made' inquiries., Hopefully you will not receive any proposals on February 6, 1989, but if so we would rather that they be resubmitted on the correct. - date. This will avoid the problem of them becoming available to the public for review before the actual deadline, and prevent us from having to keep track of them in the interim. Thank you for your assistance and cooperation. Please call me at 579-3366 if you have -any questions. - JDS/wp REVIS90 SUDMISSION SCII REQUEST FOR PROPOSALS FOR PROFESSIONAL, SERVICES CITY ADMINISTRATION BULLOF DING II PROJECTCI CITY or MIAMI XAVIER L- SUAREZ, Mayer VICTOR II. I)1: YIIItItE, Vice Mayor MJ:LLGR J. DAWKINS, Commissioner ROSARIO KENNEDY, Cuminissioner :J.1,. PLUMMI.R, Commissioner CESAR 11. OD10, Request for Proposals issued: Submissions Due Date: Submission time: Submission Location: Submission identification: �I City Manager January 23. 1909 February 21, 1989 1 No later than 11:00AM City Clerk's Office, (Firstf'Joor CounLer) — City Ilall. City of Miami, 3500 pan American Drive Miami, Fl.a. 33133 "City Administration 13uilding Phase 11 Project" must appear on the package in Which the � proposals are submitted yur. zf i s. F! S>— _k - TA131,E OF I ONTENTS L 3 z PUBLIC NOTICE First PublicaLion Revised Public NoLice 5 m II SCOPE OF SIRVICES - itI SUBMISSION REQUIRI7,.MENTS g SELECTION PROCEDURES IV V TENTATIVE SCIIls'UU(,1's FOR CONSULTANT SEI,RC'I'ioN In RCQU IItEMENTS foil SELEC C1.1) TEAM 15 — VI AUUITIONAL VI I UOCUMCNTS AVAILABLE uVoN Itl:QUI.s,r 15 EOj, i. swing page 15 Vil CITY OF MIAMI FORMS �� Team IdenLificaLloll Form - 3 F g cs s _ Prev. Professional. Services - I 1 e Previous RelevanL Experience - 3 pages — Personnel Form - 1 page F: r Hzf } 0 li t -2-t f1: �4 F q 1z - : "Ww S Y t�i l M. The City of Miami, is seeking the professional services of a qualified and experienced Consulting 'Team, with an Architectural Piro an the Prime Consultant, for the planning, design and construction administration of the City Administration Building - Phase 11, located i.n the Downtown Government Center at approximately 275 Northwest 2nd Street., Miami, Florida, 33128, adjacent to the existing City Administration (Hickman) Building. The Consulting Team must have the abil.it.y to provide Professional Architectural, Landscape Architectural, Interior Design and Engineering Services. The professional services agreement for this project is currently anticipated to include a Needs Assessment and Programming, Schematic Design, Design Development, Construction Documents, ilidding and Construction Administration _ Phases. interested firms must contact •7uanitn D. Shearer, ASLA, Dept. of Development, City of Miami, 300 Biscaytir_ Boulevard Way, Suite 400, Miami, Florida, 33131, Telephone (305)579--3366, for the _— Request for Proposals Document (RFP) which will be issued January 13, 1989. The RFP contains detailed and specific information about the scope of services, submission requirements and selection procedures. Minority participation is required, pursuant to the City of Miami's Minority Procurement Program, Ordinance No. 10062, as , amended. In addition, qualified submissions will only be accepted from Teams (the prime and subconsulting firms) which Include at .least two of the three types, (hispanic, Black and Female), of minority owned firms recognized by the City. Compliance with these minority participation requirements must be . met through the ownership of the Architectural, Landscape Architectural, Interior Design and Engineering firms prov1ding the required expertise as prime and subconsul.tants. Submission packages must be delivered to the City Clerk's Office, first floor counter, City Hall, City of Miami, 3500 Pan .American Drive, Miami, Florida, 33131 not• later than 11:00 AM on February 6, 1989. The City of Miami reserves the right to accept any proposal deemed to be in the best interest of the City, to waive any irregularities in any proposal, and/ or to reject any and/or all proposals and to re -advertise for new proposals. ADV. NO: 978 Cesar 11. Odio City Manager ..3 a F MA a I PUBLIC NOTICE: Second Publication Revised Public Notice CITY OF MIAMI, FLORIDA RPSQUEST FOR PROFESSIONAL, SERVICES CITY ADMINISTRATION BUILDING PIIASH; II PROJECT This is the second Public Notice for this project and it includes a revised issuance anti submission schedule. The City of Miami, is seeking the professional services of n qualified and experienced Consulting 'Team, with an Architectural. Firm as the Prime Consultant, for the Manning, design and construction administration of the City Administration Building Phase 11, located in the Downtown Government Center at approximately 275 Northwest 211d Street, Miami, Florida, 33120, adjacent to the existing City Administration Wickman) Building. The Consulting Team must have Lhe ability to provide Professional Arc.•hitectural, Landscape Architectural, Interior Design and Engineering Services. The professitn►al services agreement for this project is currently anLicipiL-ed to include a Needs Assessment and Programmin(l, Schematic 1)esign, Design Development, Construction Documents, Ili(l(iing and Construction Administration Phases. 10 eresLed firms must_ Conl act .)uaij i la I). Shearer, ASI.A, DepL . of Development, City of Miami, 300 lliscayiie 11oul.evard Way, Suite 400, Miami, Florida, 33131, Tel.epho:ie (305)579-3366, for the Request for Proposals Document (RFP) which will be issued January 23, 1989. The RFP contains detailed arm specific information about the scope of services, submission requirements and selection procedures. Minority participation is require(], pursuant to the City of Miami's Minority Procurement Program, ordinance No. 10062, as amended. In addition, qual.ified submissions will only be accepted from Teams ( the prime and subconsul tang firms) which include at least two of the Lhree types, (Hispanic, Black and Female), of minority owned firms recognized by the City. Compliance with these minority participation re(luirements must be met through the ownership of the Architectural, landscape Architectural, Interior Design and Engineering firms providing the required expertise as prime and subconsultants. Submission packages must be delivered to the City Clerk's Office, first floor counter, City Hall, City of Miami, 3500 Pan American Drive, Miami, Florida, 33131 not later than 11:00 AM on February 21, 1989. ADV. NO: 979 -4- Cesar. H. Odio City Manager T _. II. SCOPt OF SERVICES! The City of Miami, is seeking the professional services of a qualified and experienced Connuiting Teats, with an Architectural. Firm as the Prime Consultant, for the planning, design and construction adminisL•raLiot of tine ClLy Administration Building Phase II, located in the Iowntown Government Center at approximately 275 NorLhwesL 2nd Street, Miami, Ftor.ida, 3312110 adjadent to the existing City AdmiriisLraLion (Ilickman) nailding. The Consulting Tenn mnsL provide Proressionat Architectural, Landscape Architectural, Interior Design and Engineering Services. The professional services agreement for this project is currently anticipated to include a Needs Assessment and Programming, Schematic. Design, Design Development, Construction Documents, Bidding and CoiistrucLion Administration phases. Based on a preliminary analysis of the CiLy's anticipated needs, a 150,000 square foot facility is required, which may include offices, meeLing rooms, ant] related clerical, support, storage and tt.tility areas; the CiLy Commission Chambers; a cafeteria and daycare center. The proposed ficiliLy is to be linked to the existing 70,000 square foot administration building to accomplish a unified operational capahility. The addition of two levels to Parking Garaqe No. 5., located south of tine current administration building, may also be a part of this project. Tile Phase I1 City Administration Building must be designed in accordance with the Development Order (and related documents) approving the Downtown Government Center DRI, granted and issued by City Commission Resolution 81-343 on April. 23, 1981. It must - al.so to cotnform Lo the guidelines established for structures — fronting onto the Government Center Openspace, as defined in tine Development Plan esLablished for the Downtown Government Center, _ and be acceptably responsive to the Openspace Plan itself. Funding for the entire project, including planning, design and development and construction costs is currently estimated at $20 million. -5- y Ill. SU M1S5l0N 111Ri?iIIRPARNTS; The selection procedures will. follow the Competitive Negotiations Act as defined in Florida Statutes 207.055, Section 18.52.3 of the Code of the City of Miami and Ordinance No. 9572. Minority participation is required, ptir.suant to the City (i[ Miami's Minority procurement program, Ordinance No. 10062. In addition, qualified submissions will only he accepted from Terlmn (prime and subconsulting firms) which include at least two of the three types 011spanic, Black and Female), of minority owned firths recognized by the City. Compliance with these Minority participation requirements must• be met through the ownership of the Architectural, I.Andseape Ar.chitecture%]., Interior Design and Ktagineering firms providing the required expertise as prime and subconsultants. Minority -owned and female -owned firms mast preregi.ster with the City of Miami, office of. Minority/Women Business Affairs Coordinator, at (305) 579-3366 prior to the submission date for _ this project. Written proof of pre -qualification in the form of a Minority/Women nosiness Affidavit wi I I be provided by the City to each individual firm upon successbil review. Copies of these documents must be included in the submissit-3n. —' Firms which are corporations, limited partnerships and joint venture proposers must be currently recorded with the State of Florida, at the time of submission. Copies of Certificates of Incorporation, Limited Partnership, Joinl-Venture, etc. from the State of Florida, Secretary of State, must- accompany the - submission. Professional registration is required by the State of Florida in ' accordance with FS Chapter. 401 Part I Architecture, Chapter 461 Part It Landscape Architecture and FS Chapter 471 Engineering. Firms practicing as corporations or similar entities must provide proof of registration as such in the form a legible copy of their license or a letter from the appropriate Board of the Florida Department of Professional Regulation. Sole proprietors, members of partnerships or similar entities must provide individual licenses. Materials other than those requested in this document will not be considered and must not be submitted at any time during the Selection Process. Additional materials may be solicited from teams selected to make presentations. No additions or modifications may be made to the proposals find the Teams they represent, subsequent to the submission deadline. Respondents must notify the City in writing immediately of any _ 14 - c s, first or individual presented in their original submission who is - unavailable to continue on Lice Team. Any such change may result - in the removal of the entire Team from consideration. New and/or '. current personnel who --ire not identified in the proposal. may rnat be introduced as part of the proposed Tteam subsequent to the submission deadline. Sub -consultants may submit on more than one Team, however prime consultants or those firms which may joint -venture or associate to forty the prime consul Cant may only submit one proposal. and m' y not be a sub -consultant on ether Teams. Proposers are encouraged to ensure that all. forms and documents are correctly prepared, completed, signed and/or updated specifically for this Project. Please check all copies of the submissions to ensure the inclusion of. all. documents. Conflict of Interest- If you or a member of your immediate family are a member of any Board, Commission, or Agency of Lite City of Miami, you are t subject to the Conflict of Interest provisions of the City Code. Section 2-302 of Lite Code states that no City of Miami. Officer, Official, Employee or Board, Commission or Agency member, or a spouse, son, daughter, parent, brother or sister of such person, shall enter into any contract, transact any business with the t City, or appear in representation of a third party, before the City Commission. This prohibition may be waived in certain 1' instances by the affirmative vote of 4/5 of the City Commission, s after a Public Hearing, but is otherwise strictly enforced and _ remains effective for two years subsequent a persons departure tfrom City Employment or Hoard, Commission or Agency Membership. t f This prohibition does not preclude any person to whom it. applies from participating in the Bidding or Submission of Proposal Process. However there is no guarantee or assurance that such person will be able to obtain the necessary waiver set forth above, in order for a contract to be effected with the City, even = if such person were successful in the Bidding or Request for Proposal Process. Some of the Boards, etc. to which this prohibition include but are not limited to the heritage Conservation Offstreet Parking Board, Zoning Board, Code Rnforcement Private Industry Council, Bayfront Park Management Downtown Development Board. s applies Board, a : Board, Trust, Questions which may arise must be directed to Juanita D. Shearer., ASI,A, Department of Development, City of Miami, 300 Biscayne Boulevard Way, Suite 400. Miami, Florida, 33131. (305)579-3366 -7- a. ConLenls of SuDmissiLon: Interested trams im:sl sutsmit one (1) oriclinnl. and ten In compleLe copies of their Proposal, wltich trust con Lain the following documents, in the manner in which they are outlined — below. Failure to do this may result in the elimination of the entire Leam from consideration. A Letter of 1nLeresL, addrasned ko Ilerbert J. Bnil.ey, — AsssisLant City Manager, De1jartment: of Development, City of Miami, 30C> Biscayne Boulevard Way, Suite 400, — Miami, i'loirda, 33131, clearly describing the — consulting team and its interest in performing the required professional services. — Standard Dorm 255 for the entire consulting team. Stawlard Porm 254 for each f i.riii. The Team Identification Form which is attached. Proof of 1ncorhoraLion, LimiLed Partnership, Joint - Venture, etc. for each firm as applicable, as _ provided by the State of Florida, Secretary of State. Proof of current professional. registration to practice Architecture, Landscape Architecture and Engineering in the State of Florida, in the form of legible copies of current licenses, as issued by the State of Florida, Dept. of Professional Regulation. (A current letter from the Dept. of Professional - Regulation may be used if other documents are unavailable.) Firms practicing as corporations or partnerships must provide proof of registration as - such. The Previous Professional Agreements/Services Fora which is attached. (separate form for each firm): — The Personnel Form which is attached. The Previous Relevant: Experience Form which is,. a= attached. — [Minority/Women ilasiness Certi fication'Aff.idavit as proof of Mi.iiority Firm prer.eyistration with the City of Miami, Office of Minority/Women Business Affairs, (separate affidavit for each firm) - - t3- a 1, 7XF - D. Schedule for Submission: aequeet for Proposals Issued: January 23, 1989 submissions Due bate! February 21., 1909 Submisslcon timet No later than 1A.-O0AM Submission vocation: City Clerk's Office first floor counter, City Hall, City of Miami. - 3500 Pan American Drive Miami, Fl.ti. 33133 (305)579-6065 Submissions will notthe acrepLed after the submission time and they will not be accepted at any other location. IV. SELECTION PROCEDURES: - In accordance with Florida Statutes 287.055, City of Miami Code, Section 18.52.3 and Ordinance No. 10062 , as amended and No. — 9572, the Consultant: Selection Process will be carried out in three sequential phases: - A) Certification 13) Initial Evaluation C) Presentation and Interview ' A. Certification Phase During this process a Certification Committee consisting of a registered architect, registered landscape architect,. and a registered engineer on. the City of Miami's staff will be joined by a registered architect and an interior designer in private 4 practice, to. review each submission for _compliance with the `_Sx submissmion requirements of the Request f_or Proposals llocument;. #g' and the requirements of: the applicable legislation. r Certification Committee Members are prohibited from d1scues1ng. r. 3 the proposals or the Committee's activities with anyone wi;tl, or related to the proposing Teams, or with other Committee, members. until the City Commission awards the contract. Certification: Committee members must have no vested interest and/or other -�`.- s, -9- -f m� s r. y f { Alf. f f inancialiy remunerative r e I a t I nslii with an of tl1e p ti'm y t s or individuals being considered for selection. Members of proposing firms and Teams shall not contact Certification Committee Members about this selection process. The members of the Certification Committee will verity that each submission includes all of the documents required in Section III Submission Requirements and that those documents are complete, current and provide the required information. Submissions failing to meet any of the Submission Requirements = trill be eliminated from the selection process at this point, - Ordinance No. 9572 also requires that the Certification Committee determine that Lite Teams presented in each proposal favorably _ demonstrate the following: (1) Capability and Adequacy of personnel for this project. (ii) Good past performance in administration and in cooperation with former clients. (iii) Performance in meeting time schedsiles and budgets. (iv) Past record and experience. Prior to review by the Certification Committee, staff from the Department of Development may contact at least one of the Contact _ Persons indicated on the Previous Relevant Experience Forms for a — brief interview on the Team's past performance. The results of that interview, and the Contact Person's response to the issues included above will be ltravided to the Certification Committee as — input in addition to that provided in the proposal. _ Teams which do not meet one or more of these criteria will be eliminated from the selection process at this point. Teams which meet these and the previous requirements will be certified for this project. The names of the certified Teams will be provided to the Consultant Selection Committee, along with the corresponding proposals. B. Initial Evaluation Phase: The Consultant Selection Committee, established in accordance with Ordinance No. 9572 will receive the submission packages;gf the certified Teams in preparation for making their Initial Evaluation, and Ito tdinq the Presentations and Interviews.. Selection Committee Members are prohibited from discussing the proposals or the Committee's activities with anyone with, or related to the proposing firms, or with other Committee members -10- in. Until. the City Commission awards L-he contract. Selection Committee members must have no vested interest and/or other — financially remunerative reiat•ionship with any of the firms or individuals being considered for selection. Members of proponifig — firms and Teems shall. not contact Seleci.ion Committee Membern — about this selection profess. — Prior to discussions related to the proposals and voting the — Selection Committee will establish a maximum number of Teams 3 which may be "shor.t-listed" for the next phase of the selection - process. The actual. number, which must be at leastthree, may he less than the maximccm if a substantial disparity occurs between the ranked scores of the 'Teams Lhat fall within the maximum, after scoring. The criteria used for evaluation at this stage fall into four general areas: a Maximum Value _ Topic Previous professional experience, related to = successful completion of projects of similar — complexity and scope ............................. 30 Size and capability of Team and its range of expertise ............................................. 30 Locations of offices of the prime and subconsu.ltants with points awarded in decreasing value for locations in Lite City of Miami, Dade County, State of Florida . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . 0 . 0 . 10 ' =' Minority participation, related to the minority ownership of each of the firms, and the number of key professional staff members who are minorities working - - on the project.... ...... ............................ 30 = = TOTAL 100 — Each Selection Committee Member will. score each Team based on a =' maximum 'of 100 points and then rank them, giving the Team with _ the highest score the rank of one All the Selection Committee Members ranked scores are then` s: compiled and at least the top three Teams will be invited 'to°make a presentation and be interviewed. Ranking and scores °do not carry over into the next phase of the process. Those Teams selected to make presentations will be contacted by City's`Staff five (5) calendar days prior to the presentation -and interview. -11- r — + Presentation and Interview phase: All Presentations and Interviews wilt he held in the t,arye - Conference Roost of the Department of Development, City of Miami, — 300 Biscayne Boulevard Way, Suite 400, Miami, Clor.ida, 3313i, — (305)579-3366. Presentations and Interviews are scheduled for — March 9 and 10, 1989, The specific time and date of each presentation and interview will be indicated upon notification of selection. _ It is strongly recommended that. the project manager and a representative of each firm and/or are.-: of expertise indicated in the te.im's prupostril. he present. and part-icipate actively in the - presentation and interview. unless apec:ificall.y re:iitesgLed by Lilt! t City, no material may be provided to the Selection Committee by, or on behalf of Live Team. s The total time allocated to each Team willhe limited to 45 minutes, allowing 30 minutes for the presentation and 15 minutes for the interview. Each Team is responsible for bringing its own equipment including slide projector(s), stands and easels if so - ' desired. Wall surfaces are not tackable. The north wall of the conference room is used as a screen. — The Team's presentation must cover the following areas within the — t time limit: (i) Method of Approach Based on the scope of servics-R described herein, the presentation should be a factuai dissertation of the - '• Team's organization, including any joint venture or professional associations; the identification and qualifications of all professional and support'. staff including those of the sub -consultants, that will be assigned to this project; support capabilities; and an outline of activities that will be undertaken by the - professional and support staff; conceptual time -schedules for accomplishing the activities; a summary of procedures - = and methods developed and used by the Team to coordinate - and control projects and assure delivery of the finished work product on time and within the budget. It is not intended nor acceptable that the Team solve any specific problems, provide consulting services, discuss or display any type of design ideas or drawings, slides or - photographs of this specific project at this time, but rather that the Selection Committee be presented with information about how the entire team would function on this City project. - -12- tkylt{�1 a r previous, experience At leash three recent projects which the members of the Team have completed should be presented, preferably in - stide form. The examples shoiil.d he projects which Include the Consulting 'ream's involvement in design services for appropriately related projects. Each project's objectives, users, operational. c.oi:straints, design and construction schedules, budgets and maintenance issues should be clearly described. - (iii) Minority/Women lliiainess Participaf:ion Describe all levels of minoril:y/female ownership and/car = participation in your team. - (iv) Distribution of tees Discuss the approximate percentage of fees be received by the prime and subcousultants. (v) Method of Compensation The purpose of the presentation and interview does not Include negotiating fees. The City's policy is to contract for desiyn and construction administration services on a lump sum, flat fee basis. You are requested _ to comment on this method of payment. The Consultant Selection Committee may use the information provided in the submission, during the "shortlisting". meeting, — presentation, interview and references from past clients, to evaluate each team in four general areas: , Topic Maximum Value - Demonstration of Creativity and Skill..... .............. 15 — Professional experience, in greater detail than before including previous collaboration with public agencies, other members of the team. Preference will be given to those teams with - no previous agreements with the City by proportionately deducting a maximum of 10 points for professional fees contracted for with the City of Miami as a prime or sub -consultant .................. 25 " Firm organization and Assigned Staff. including submission and "shor. t l i st i ng" documeni:s, Lite information provided at the presentation and interview 20 -13- _- t } Capability of Pirm, in greater detail than before, related to the act.uat. individuats assigned to the projects, their expertise, - work load, and related professional skills ............. 25 Minority participation, related to the minority ownership of the prime and subconsulting firms and the professionals who are minorities working on the project 15 Total.: 100 After the presentations, interviews and committee discussions, each Selection Committee Member will score each Team based on a maximum of _ 100 points and then rank them, giving the Team with the highest score the rank of 1. Prior to the presentations and interviews, the Selection 'Committee will have established a method of breaking ties and reevaluating firms when the ranked scores of the ton three Teams are less than three points apart. The final. top three Teams will be recommended to the City Manager for submissions to the City — Commission, for authorization to negotiate an agreement, beginning — with the Teams ranked first. V. TENTATIVE SCHEDULE FOR CONSULTANT SELECTION PROCESS: January 12, 1989 January 23, 1989 February 21, 1989 February 23/24, 1989 March 1/2, 1989 March 9/10, 1989 S First Request for Proposal Notices advertised Second advertisement for Request for Proposals, (with change in submission schedule) r Submittals received at the City Clerk's — office no later than 11:OOAM = Certification: Certification Committee Convenes s y< Initial Evaluation: Competitive Selection Committee Convenes to create 5a� "short list" of Teams for presentation and interview phase '4 Presentation and Interview: Competitive y}3 Selection Committee convenes for presentations and interviews -14- :.. =v= March 23, 1989 April 10, 1909 April 27, 1989 May 22, 1989 City Commissions considers the City Manager's recommendations of the most qualified Teams Negotiations on Agreement completed City Commission considers City Manager's recommendation to execute negotiated agreement Target date for completion of contract execution process VI. ADDITIONAL REQUIREWNTS FOR TNf: SrLECTED CONSULTING TEAMt Negotiations with the Team ranked first by the City Commission will commence as soon as possible after the City Commission makes their decision. A minimum of: $5,000,000, (depending on the final scope of services), in professional liability insurance will be required through an acceptable carrier for the duration of the project. In the event project specific insurance is used a minimum of $2,000 is required. For their own protection consultants are also encouraged to = maintain this coverage for a minimum of five years after completion of `■ construction. A breakdown of tasks associated with the project, estimated staff time involved in each task and the resultant percentages of principal./professional./.technical. support time and their respective hourly rates will also be required during these negotiations. Principals of the Teams being considered are encouraged to review a standard City of Miami Professional Services Agreement prior to the City Commission action proposed for April 23, 1989. VII. DOCUMENTS AVAILABLE UPON REQUEST: Please contact Juanita D. Shearer ASLA at (305)579-3366 for any of . the documents listed below. They will be mailed as soon as possible after a request is received, however firms interested in acquiring these documents are encouraged to collect them in person. A. R- C. Ordinance No. 10062 passed December 19, 1985, and as amended: ` The Minority and Women Business Affairs Procurement Ordinance' Ordinance No. 9572 passed February 10, 1983; Article IV, �£ Purchasing and contracts generally, Section 18-52.3 Professional Services ^X Section 18.52.3 City Code of Miami (this is,the same as B.) g s M AWL S v L-opies of Standard Forms 255 an 25 . S 131ai►it services Agreeme l • of Miami standard city professional Filet Lbr3 cad> r fp (Revised schedule) January 190 1909 TrtY =f� -16- W-10-nT ... TelePhones' Contact Persons _ Specialty: - Sub --consultant s = Name: Address: Telephone: Contact Person: Specialty: Sub -consultant: Name: _. y-' Address: is Telephone: x a Contact- Person: Specialty:, 7 _ yl t� Y F l 1.' _ ... FA v■y ]�-�y��p��p�y- f wry T J Z G.4 k, S-onsultahtt • Navies Address: Telephones { _ Contact persons Address: Telephone: { Contact Person: _ Specialty: Sub -consultant: Name: Address: Telephones { �t Contact Person: �. Specialty: S gnature of Principa of Prime Consultant 4rtp> 3 of 3 +� 1 t" ,l,•f t, ,' 1 5 A separate copy of this form must be correctly completed for each firm .' on the team. List all contracts as indicated below, that are or have been active within the last five years, wether as a prime or sub - consultant with any entity of the City of Miami, including the offstreet Parking Department. Fees mast include both received ante anticipated. Name of Firma Has your Firm participated in any City of Miami projects within the last five years? Yes No (please circle one. If the answer is no, please sign the form and include it in your submission. If the answer is yes, please fill out - the form, sign, date and include it in your submission.) Name of Project Administering Dept. Dates Fees Ik e'S The foregoing is a statement of facts. s Signature of Corporate Officer Typed name -and title date or Principal of Firm , <r fp> of 1 i ♦ ., ct r YA R rr a t CITY OF MIAMI C6NSUj6TANT SF.LISCTIbN PROMS PERSONNEL FORM This form must be completed for the entire team listing All members of r. - Staff an to work on the proposed project. -� Name/Firm Professional Expertise Gender 8thninity� _ u alie foregoing is a statement of facts. Signature of Corporate officer or Typed name an title date - s Principal of Prime Consultant t= cr fp> 1 of 1 rug Vj t>r+ n� CITY OF MIA"I CIiNSUt,TA"T SBLSCTIoN PROCESS pRXVIOUS RELEVANT EXPERIENCE leted for it be ropriatelYrelatedpprojects: PP the entire team listing at leant three project Name: Owner/User a }:f Telephones( Contact Persons Schedule: Budget: Scope: Members) involved: Name of Team Project Name: , Owner/user: Telephone: Contact Person: Schedule: -G` Budget: Scope: Member(s) involved: Name of Team l of 3 f i� s _ y � b a fi;K ite At A'- of taut t RECEIVED CRY manit". t' 14A T 1tCiTY 1 1' i1\ t �. _ "IT (rNIA�111. PLA. February 23, 1989 Mr. Roney Mateu Mateu, Rizzo Associates SEE 2424 South Dixie Highway Miami. Florida 33133 ' Re: Consultant Selection Procedures City Administration Building Phase II Dear Mr. Mateua The following letter is in reply to your telegram of February 21, _= 1989 related to your team's proposed submission in response to the _ City's Request for Proposals (RFP) for professional services related to the City Administration Building Phase II Project. - It is my understanding from reading your telegram, and speaking - - with Assistant City Attorney Linda Kearson and Juanita D. Shearer, - ASLA, of my staff, that you believe that the "rejection" of your _— proposal was "unjust, capricious and arbitrary". (I have also been advised that while your telegram further states that you were _ "denied" access to the City Clerk's Office by Ms. Shearer, you have conceded that she did not in fact prevent you from entering City Hall or any of the offices.) The RFP for this project, which was issued on January 23 — clearly established the time of 11:00 AM on February; 21,-19891:4t the City Clerk's Office, First Floor Counter, City of Miami' City ,t: — Hall, as the time, date and location for submission. Based on the ; sequence of events, of which you could not have been aware, because , they occurred prior to your arrival at City Hall, the inforiaation 2: given to you outside of the building was accurate. It is the practice of the City Clerk's Office to stamp only. those 5; documents which arrive by the deadline and to reject all others• r,, Your proposal could not have been accepted at the City Clerk' Office based on the fact that the deadline had passed prior. to'your arrival at the submission location. This determination was - made on a questionable technicality, it was action taken on basis of facts and submission requirements established by the City and reflected in the RFP. f: MrARTM'NT Of DEMOPMM/Dt"NT KAYA CEMTEW/300 Biscayne Blvd. Way. Suite 4W i r s Miami, tt 33131/1305) 579-3366 TRECOMER: (305) 37/-9710 d r_ 7 tr� x . 1 r g ii t�lr • RoneY 23. Mat1909 two deadline is Team proposalstube andenot su'bje0t to submit Your rt material in na }ti pailure to which is 1uk error considered an the City` We _ being corrected. working wits seta• 71' in future pr3 k You for Y interest firm on our from Your Than to receiving p forward. i Sincere ey 'Herbert J•City Manager Committee Assistant Consultant Selection Chairman. HJB/��br w _J11, t � N i �( � - - i g,17 K r 4. { 5� pr CITY OF MIAMI, FLORIDA IN?ER=OFFICE MEMORANDUM R E Q E ir File ontE: Feb ruarf,3J3VjRlqp9ri'i — City Admi44Af fA't M- Ml.dg * suEVEr.T : Phase its �rA��lttifi►g =i IT e OP IIt aRom : Juanita D. Shearer, IWERENCES : _ Landscape Architec ENCLOSURES. In accordance with Resolution 88-326, passed April 14, 1988 and: directions provided at the City Commission Meeting of December 16, 1988, the procurement of professional planning and design services for the City Administration Building, Phase II has been proceeding. Advertisements were placed in 3 newspapers and direct mailings were sent to the over 1,000 registered architects and architectural firms in Davie County announcing the issuance of the Request for Proposals Document (RFP) on January 23, 1989. In response to inquiries from approximately 150 architects, Landscape architects, engineers and interior designers, packages containing RFPs and related documents were sent out, as well as an addendum with additional information. Information was also provided on an as needed basis to individuals who called or came to the Department of Development with questions about various aspects of the project and submission requirements. The deadline for submission, as established in the RFP was.11:00 AM,' Tuesday February 21, 1989, City Clerk's Office, City Hall, first floor counter. Sabrina Bouie and I arrived at the City-_Clerk'.s. - Office at about 10:15 AM to provide Silvia Mendoza, Deputy City Clerk with assistance in receiving the proposals. As proposers arrived at the window Ms. Mendoza accepted their stacks- ; of folders, envelopes and/or boxes, and stamped them (or affixed '_a- piece of paper to them) indicating the time, date and location. Among those making deliveries, while I was standing near, to "Ho i= Mendoza, was a young man who identified himself as being'',,from "Arquitectonica" and provided us with a stack of black <folders, with no markings on the outside. This submission was 'received.:at 10:54` AM. At about 10:55 AM I walked out of the Clerk's office to. see if` anyone was on their way in with submissions. While standing on the: ! front steps of the building, a gentleman (Maurice Pierson) parked { i_ a Y CITY OF MIAMI, FLORIDA his vehicle, and began walking towards City'Hall with what appeared to be a stack of booklets. He said he was making a submission on the City Administration Building project, I suggested that he hurry because the 11:00 AM deadline was approaching. He did so and his submission was stamped in at 10:59 AM. A few minutes later No. Mendoza advised me that the gentleman (Mr. Pierson) had told her that his submission was missing some of the required copies and we concluded that it was incomplete. Subsequently, after verifying the time by stamping a piece of paper at 11:02 AM, I went out to the front of the building. After speaking briefly with Mr. Pierson, a car drove up and the passenger carrying a box proceeded to get out. I asked him if he was submitting on the City Administration Building and when he said yes, I advised him that it was past 11:00 AM and that submissions were not accepted after the deadline. At that point the driver of the car, Mr. Ron Mateu, joined in the conversation and I repeated the information and suggested that it was unfortunate that they had missed the deadline, understandable that they would be angry and upset but there was nothing that I could do. Mr. Mateu suggested that his watch did not indicate that they were late, and questioned the basis on which I had determined the time. I explained that we used the clock in the City Clerk's office, and that I had verified that the time was 11:02 AM before they had arrived. Mr. Mateu stated that he wanted to check to see that the City Clerk's time was accurate. I returned to the City Clerk's office and provided him with a piece of paper on which I stamped the date and time. He said that he was going to use the public phone to =_ verify the time, and returned a few minutes later from the direction of the public phones, placed the piece of paper on the counter and — left. While still at the City Clerk's office, I received a telephone call from Mr. Ted Baker, ASLA who identified himself as a consultant, on = Mr. Mateu's Team. Mr. Baker felt that the decision to, not accept Mr. Mateu's proposal was arbitrary and unfair on_ my part, ,_and that since this was not a bid, proposals should not be rejected, because -_ of failing to meet the specified time deadline. I advised Mr., Baker that the RFP had clearly established the deadline and the 6 -City- intention to adhere to the deadline. During the time that Sabrina Bouie and I were assisting Silvia Mendoza in making a .fist of the respondents, packing up the documents that had been submitted, and placing them in my car in the parking lot, the same young man who had delivered the proposals from Arquitectonica returned to the window with three black folders. He explained that he found them on the back seat of his car as he.was returning from making his firm's submission and he wanted to add them to those he had already submitted. He was advised that :'the deadline had passed, that no additional material was being accepted and that we were in the process of loading the submissions into the car. During a subsequent trip to my car, I noticed that additional folders from Arquitectonica had been placed beside the ones that we, had already loaded into the trunk. CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM Later that aft,, -.noon at my office Silvi"Lowman from the City - R Clerk's office advised me that the City had received a telegram fro* Mr. Eton Mateu. After receiving a copy of the telegram 2 spoke with Assistant City Attorney Linda Kearson about the issues which I have described. Related to the proposals from Mr. Pierson, she indicated that she would recommend to the City Manager that the initial submission that Mr. Pierson had made was sufficient to meet the intent of the RFP deadline, and that we should accept the remaining documents and — consider the submission to have met the deadline, under the provision in the RFP by which the City reserves the right to waive — irregularities. It was her further opinion that the incident with the submission from Arquitectonica should be handled in the same way. _ Mr. Pierson was telephone and subsequently delivered his proposals _ to the Department of Development. No contact was made with Arquitectonica. Both teams were included in the list of respondents. Related to the conversation and subsequent telegram from Mr. Mateu, Ms. Kearson, Mr. Mateu, his partner and I had a conference call to discuss his concerns. In summary Mr. Mateu felt that if he had been allowed to submit his Team's response to the City's RFP, and have it stamped, he would have been satisfied, even if it was late. He also felt that because of the information I gave him in front of City Hall, he was in fact prevented from submitting his proposal and might have been on time if I had not told him otherwise outside City Hall. Ms. Kearson advised Mr. Mateu that the City Clerk's office does not accept or stamp documents after., the deadline and that given the sequence of events that occurred prior to his arrival, my conversation with him `must have taken place after 11:00 AM. While _ Mr. Mateu conceded that I did not actually deny him access to the City Clerk's Office, as indicated in the telegram, but he stated that he still was not 'satisfied and wished to lodge a complaint. _ Ms. Kearson advised him that he could do so by writing to the City Manager. Mr. Mateu concluded that he would like his telegram to be ., considered as a complaint and Ms. Kearson and I agreed to respond. — I advised Mr. Herbert Bailey, Assistant City Manager, of thesie incidents prior to and after the telephone conversation with Mr. Mateu. He asked me to prepare the appropriate responses, etc. JDS/br <ad>irreg/submit ,� copy: Herbert J. Bailey �C?I I'' _ City Clerk's Office n _ -rn r tv Of 4atanl" �SY F F � +cea+ o•nro 4 May 5, 1989 Catlin, Saxon, Tuttle and Evans, P.A. 1700 Alfred I. Dupont Building 169 East Flagler Street -- Miami, Florida 33131 Att: Mr. William M. Tuttle, II Re: Protest of Charles Harrison Pawley, et al. City Administration Building, Phase II - Consultant Selection Process Gentlemen: I, as Chief Procurement Officer of the City of Miami, have read :. your bid protest, talked with the employees involved in the issue and reviewed the pertinent documents. Pursuant to my duties under Section 18-56.2, City of Miami Code, I have determined -that your bid protest has merit. The City Manager and the City Attgrney have approved my determination and will submit it to the City Commission on May 11, 1989, whose decision will be final. It is your 'client's determination that they are the prime consulting architectural firm of the proposal and therefore, will be responsible for sealing all plans for this project, including- =tip those prepared by the other two architectural firms. The RFP documents do not. specifically prohibit this and the architectural Taws of the 'state allow it. _Therefore, in, the absence of a clear reason for denial, I have decided to uphold your protest and allow your firm to be -7 considered'in the consultant selection process �erj .truly yours, s.- i: RonE. Wilkliams Director of General Services Administration - and Chief Procurement officer z a CENERAL SERVICES ADMINISTRATION DEPARTMENT/1390 N.W. 20 Street/Miami, EI 33142/(305) 579-6740 ■ CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM �¢ > DATE: May 5 ► 1989 FILE To. Cesar H. Odio City Manager SU9dECT : Resolution of Bid y J Protest Ree City Admin- istration Bldg Phase II z• �•� � . � REFERENCES FROM i : r Ron•.E. liams Chief Procurement Officer ENCLOSURES: General Services Administration CONCLUSION or the City Of In my capacity as Chief Procurees served byOfficer fCharles Harrison Miami, I have reviewed the bid pro Pawley, Inc. (CHP), and am hereby upholding the protest for the reasons summarized below. I have decided that this protest is the City meritorious and subject to your concur rlierrence� decision OfMiami Mlthe will reverse and rescind the Certification Committee disqualifying CHP from the competitive selection process for this project. DOCUMENTS EXAMINED In arriving at this decision, I have examined the following documents: — 1= i 1. Bid protest letter of March 14, 1989 from William _i M. Tuttle, II, attorney with Catlin, Saxon, Tuttle and Evans, P.A., served on behalf of CHP. 2. City of Miami RFP for Professional Services for j- City Administration Building Phase II Project, including addendum and revised submission schedule. }_ . CHPp 's response to the RFP for City Administration ® 3 Building,Phase II architectural and engineering services. 4. March 6, 1989 letter to CHPfromHerbert J. Bailey advising of failure to be certified. G' . i 5. Florida Statutes 481, Part I, and Board of Architecture Rules 21B which `regulate architectural k services in Florida. 0 FINDINGS The proposal document submitted February 21► 1989 the or the teamof T p p et all was found y Charles Harrison Pawley, practice license committee, toinethenSta eo ofvFloridaswas osubmitted tfor either Architecture Rath & Sons International Corporation. Wilfredo Borrotto or 8mery I have reviewed the protest and materials carefully and have found that it is permissible under Florida law that Charles tects be the principal firm allowing the Harrison Pawley Archi Borroto and Roth firms to consult, as long as the plans are sealed under the license of Charles Harrison Pawleyrohib t eCthe do not specifically p The proposal documents Therefore, in the consultant/architect arrangement of CHP. r denial, it is found that the absence of a clear reason fo- protest is being upheld. Approved: A�(4�e - Cesar H. Odio City Manager CESAR Fi b RbN E. WILLIAMS City Malha" - - Director -too 010 May 5 i 1989 - 1 Mr. John T. Prahl , Carlos Abbott and Ferro, P.A. :•j Suite 1150 999 Ponce de Leon Blvd. _ Coral Gables, F1. 33134 Att: Mr. John T. Prahl Re: Protest of Bosco, Kirkland Architects = Selection Process for City Adminis- tration Bldg., Phase II { Dear Mr. Prahl: ' I, as Chief Procurement Officer of the City of Miami, have read your bid protest, talked with the employees involved in the issue - and reviewed the pertinent documents. Pursuant to my duties under Section 18-56.2, City of Miami Code, I have determined that your bid protest is without merit because your protest was not !- received on a timely basis. The .City Manager the City. .and Attorney have approved my determination and will submit it to the :. City Commission on May 11, 1989, whose decision shall be final.. On the basis of the aforementioned, I am rejecting your protest. Very truly yours, e , Ron'E. Williams } Director of General ServicesAdministration. #; and Chief Procurement Officer r%= GENERAL SERVICES ADMINISTRATION DEPARTMENT/1390 N.W. 20 Street/Miami,1`133142/1305) S79-6740 w 3h2 �,ryy•f � to SfiiP Riji 1 t 1 t- 1 a , a R 1 'F iiAARRf��i�••''�ihf�Y rt-t. r .i1 :!: %pS�� t May 5, 1989 Mr. John T. Prahl Carlos Abbott and Suite 1150 999 Ponce de Leon Coral Gables, Fli Ferro, P.A. Blvd. 33134 Att: Mr. John T. Prahl Re: Protest of Bosco, Kirkland Architects Selection Process for City Adminis- tration Bldg., Phase II Dear Mr. Prahl: I, as Chief Procurement Officer of the City of Miami, have read your bid protest, talked with the employees involved in the issue and reviewed the pertinent documents. Pursuant to my duties under Section 18-56.2, City of Miami Code, I have determined that your bid protest is without merit because your protest was not received on a- timely basis. The City Manager and the City a Attorney have approved my determination and will submit it to the. City Commission on May 11, 1989, whose:deeision shall'be'final. On the basis of the aforementioned, I am rejecting your protest. Very truly yours, ;• CIL z Ron E. Williams Director of General Services'Administrat-ion- and Chief Procurement Officer f, ,2 is GENERAL SERVICES ADMINISTRATION DEPARTMENT/1390 N.W. 20 Street/Miami, Ft 33142/(305) 579-6740 v t r 4 v x ' c Al ..._'"-` .�3 �.. �.v.• r� • ..11LiQ14� .... a_ncnvc•. Chief Procurement Officer General Services Administration ENCLOSURES CONCLUSION In my capacity as Chief Procurement Officer for the City of Miami, I have reviewed the bid protest served by Bosco, Kirkland Architects (BKA), and am hereby rejecting the protest for the reasons summarized below. DOCUMENTS EXAMINED In arriving at this decision, I have examined the following documents: 1. Bid protest letter of April 5, 1989 from John T Prahl, attorney with Carlos Abbott & Ferro, P.A., served on behalf of BKA. 2. City of Miami RFP City Administration for Professional Services for including addendum Building Phase II Project, and revised submission schedule. 3. Section 18-56.1. of the Code of the City of Miami. J FINDINGS The date that BKA was notified of their disqualification by the Certification Committee #; was Substantially more time than by letter of March 6, 1989. the 14 days had protest letter was submitted Development April passed. The bid to the City of Miami Department of 10, 1989 Management Division of the and received by the Procurement Yt Department on April 12, 1989. General Services Administration Section 18-56.1 bid protest be submitted to writing within fourteen requires that the the Chief Procurement Officer in (14) knows or should have known of days after such aggrieved party the facts complained of. giving rise to the action tr' � ?0) - Cesar H. Odio May 5, 1989 r Cage 2 First, the written protest was not submitted to the Chief Procurement Officer, it was addressed to Mr. Herbert J. Baileys, Assistant City Manager. Second, the bid protest was not received- on a timely basis, within the fourteen day time period permitted. i I have reviewed the protest and materials carefully and have - found that the protest was not submitted in accord with Section 18--56.1. of the City Code. Therefore, it is found that the protest is rejected. Approved: Approved: Cesar H. Odio rg L. ernandez` City Manager City Atto ney I t c fit^ t Y rti k � F se k y d yt'{� A ♦ S� q — 01=111 Bermello, Kurki & Vera, Inc. 55 Almeria Avenue Coral Gables, Fl, 33134 Att: Mr. Willy A. Bermello Re: Protest of BKV Team of Consultant Selection Process for City Adminis- tration Bldg., Phase II Gentlemen: I, as Chief Procurement Officer of the City of Miami, have read - your bid protest, talked with the employees involved in the issue and reviewed the pertinent documents. Pursuant to my duties under Section 18-56.2, City of Miami Code, I have determined that your bid protest is without merit because proof of current licensing as Yoa .,nAor Qo�t;nn A Nul of the RFP documents was not met at ��, 9 May 5t 1989 Bermello, Kurki & Vera, inc. • venue 55 Almeria A F1, Att. 33134 coral Gables. Mr. Willy A. Bermello ' Team of Consultant Re: protest of rCity Rdminis- Selection Process forProcess *ration Bldg•, Phase CESAR H. 0010 City Managet of Miami, have read Gentlemen: the City the issue as Chief Procurement Officer of involved in under 1, talked with the employees to mY bid protest, Pursuant your pertinent documents. I have determines that Your ing as and reviewed the City of Miami Code, cen Secti on 18-56.2, it because proof of cis enwasinotsmet at bid protest is without melt' of the RFP documents was an required under section Ae•licensing of ,the profession Manager and the City submission. The City time of requirement of the RFP. essential determination and wit shall submit roved my have approve 11. 1989, whose decision rotest. City Commission on May I am reaecting'your P On the bases of the aforementioned, Very truly ypurs, Ro ••11 s services Administration y, ctor oj.General Se •cer Dire procurement offs and Chief 4. cc: George F• Knox, Esq. ATION DEPARTMENT/1390 NO- 20 Street/Miami. fl 3314L(305) 579-67� GENERAL SERVICES ADMIt�ISTR } k _ 3 ff A y k ,uz'�r"L�} .Y':• > V..,: t: i ...,, .'. 1 ..+... `.., 1 i1:. ;�µ a .. :^Ay.. ' CITY OF MIAMI, FLOAIDA INTER -OFFICE MEMORANDUM FILE �$ai' H. Odio GATE : May 5, 1999 Lty Manager SUBJECT : ResolutiOr, of Bid Protest Re: City Armin- istration 91dg Phase iT REFERENCES FROM Ron`` H . Williams Chief Procurement Officer ENCLOSURES: General Services Administration CONCLUSION`. In my capacity as Chief Procurement Officer for the City of £2� Miami, I have reviewed the bid protest served by Bermello, Kurki & Vera, Inc. (BKV), and am hereby rejecting the protest for, reasons summarized below. f DOCUMENTS EXAMINED In arriving at this decision, I have examined tho following i documents: 1. Bid protest letter of March 9, 1989 from BKV, including attachments. X` 2. Letter of March 23, 1989, sent by BKV's attorney,, George F. Knox. 3. City of Miami RFP for Professional Services for IS City Administration Building Phase II Pro.,ect, : addendum and revised submission schedule. .including 4. BKV's response to the RFP for City Administration and engineFring Building, Phase II architectural services. 5. March 3, 1989 letter to BKV from Herbert `J. BF iley advising of failure to be certified. l 6. March 1, 1989 letter from the State of Florida Department of Professional Regulation, Board ofy listing Architecture and Interior Design firms which had not renewed their architectural V� license. 7. March 2, 1989 letter from the State of Florida K; Department of Professional Regulation, Board of Professional Engineers regarding expired license of Williams -Russell & Johnson, Inc. sCii s 1 LYE P?S C S�: F I� B. Florida Statutes 481, Part I which regulates architectural services in the State of Florida. FINB� S ° xr�= The proposal document submitted February 21, 1989 for the team of Bermello, Kurki & Vera was found to be non -responsive because the �y Architectural License (AA) submitted for Bermello, Kurki & Vera License (EB) submitted for Williams -Russell & sY and the Engineering Inc. had both expired January 31, 1989• This was Johnson, the State of Florida Department ofb confirmed in writing by 4t Professional Regulation. The City's RFP, Addendum of current lII. Submission Requirements, A. (vi), required p Engineeringre or professional registration to pracStatutesce tuwhi h govern the in the State of Florida. Florida prohibition practice of architecture and engineering establish a against the use or an attempt to use an inactivelicensed license. Clearly, the requirement that a firm be currently essential to the selection of a firm which is able to render the required services according to law. and have test I have reviewed carefully the ei f cts thato inactivetheolicenses were determined that none alters th submitted and are not acceptable.; { Approved: Approved: N� 4 Jo ge ernandez Cesar H. O io f City Manager Ci y Atto ney A 4 F: jE. 4' I y 4 a -+ - 1 < 1, + - t +e 'tW'' nej is t s� s, rx , ,,.s x• w rs ,, r t c ,of"'� Y f S a ct� — 33 J-89-431 5f3f89 RESOLUTION NO. S9---4' 5 A RESOLUTION ,APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTESTS RECEIVED FROM BERMELLO, KURKI, 6, VERA, INC. AND FROM BOSCO, KIRKLAND ARCHITECTS AND TO UPHOLD THE PROTEST RECEIVED FROM CHARLES HARRISON PAWLEY, ET AL, IN CONNECTION WITH THE REQUEST FOR PROPOSALS FOR THE PROCUREMENT OF PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE CITY ADMINISTRATION BUILDING, PHASE II. WHEREAS, in connection with the request for proposals for the Procurement of Professional, Architectural and Engineering services for the City Administration Building, Phase II it was determined by the Chief Procurement Officer in his role as the arbiter of bid protests pursuant to Section 18-56.1 of the City Code that the firm of Bermello, Kurki, & Vera, Inc. had submitted expired Architectural and Engineering licenses; and WHEREAS, it was also determined by the Chief Procurement Officer in his role as the arbiter of bid protests pursuant to Section 18-56.1 that the firm of Charles Harrison Pawley, et al. had provided proof of an architectural license for this firm and 'his firm is the prime consulting architect and it having appeared on the response of said protesting entity that two additional architect firms were designated therein as consultant. architects and as such are not required to have separate Florida architectural licenses; and WHEREAS, it was further determined by the Chief Procurement Officer in his role as the arbiter of bid protests pursuant to Section 18-56.1 that the bid protest filed by Bosco, Kirkland Architects be rejected as untimely because it was not made within fourteen (14) days of the decision to disqualify that firm as required by Section 18-56.1 of the City Code; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: =' t Section 1. The recitals and findings contained in the R 1 Preamble to this Resolution are hereby adopted b e e y- P Y f .zen�e thereto and incorporated herein as if fully set forth in this; Iv '- Section. _ CITY .ISS-VON Jl- c n r ����'�a-tea .��,� w�.rz - ; " �"a�'` m ,: ai � T yt�f'' '� � � R`ir'af-�•�z�,� �: Section . tl the approval and, r#b6ffixre aEl6n of 10he City `manager and the approval and recommendation of -ne City Attorney, .. the Chief Procurement Officer's decision to reject the protest filed by Bermello, Xurki, Vera, Inc, is hereby approved. Section 3. (a) upon the approval and recommendation of the _ City Manager and the approval and recommendation of the City Attorney, the Chief Procurement Officer's decision to uphold the protest filed by Charles Harrison Pawley, et al. is hereby approved. (b) Based upon the foregoing, the firm of Charles Harrison Pawley, et al. is authorized to participate in the competitive negotiation process, and the Chief Procurement Officer is hereby directed to transmit said firm's response to the competitive selection committee for its consideration as established by Resolution No. 88-326. Section 4. Upon the approval and recommendation of the City Manager and the approval and recommendation of the City Attorney, the Chief Procurement Officer's decision to reject the protest filed by Bosco, Kirkland Architects is hereby approved. Section 5. This Resolution shall become effective immediately upon its adoption p pursuant to law. PASSED AND ADOPTED this llth day of Mav 1989. =: -A, ATTES .. AVIER L. UAREZ, MAYOR TTY HIRAI , CITY CLERK PREPARED AND APPROVED BY: J;- ROBERT.F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS; rr ,� / " �RGE < I Ty ATTORNE %f F i b page 2 of 2 R9--445 � t u ,t�wj+p . section 2. Upp�► the approval at�d'recomther�gti0h.of 'the City • T l � k `manager and the approval and recommendation of -ne City Attorney, the Chief Procurement Officer's decision to reject the protest - filed by Bermello, Kurki, 6 'sera, Inc. is hereby approved. *j Section 3. (a) Upon the approval and recommendation of the r a City Manager and the approval and recommendation of the City 4 1_ Attorney, the Chief Procurement Officer's decision to uphold the protest filed by Charles Harrison Pawley, et al. is hereby - s s approved. (b) Based upon the foregoing, the firm of Charles Harrison Pawley, et al. is authorized to participate in ? the competitive negotiation process, and the Chief Procurement Officer is hereby directed to transmit said firm's response to the competitive selection committee for its consideration as established by Resolution No. 88-326. Section 4. Upon the approval and recommendation of the City Manager and the approval and recommendation of the City Attorney, the Chief Procurement Officer's decision to reject the protest filed by Bosco, Kirkland Architects is hereby approved. Section 5. This Resolution shall become effective immediately upon its adoption pursuant to law. PASSED AND ADOPTED this llth day of _ Mav 1989. _ CAVIER L. UAREZ, MAYOR }ram ATTES1 r. MATT HIRAI, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLERK Cli I EF DEPUTY CITY ATTORNEY r;. APPROVED AS TO FORM'AND'CORRECTNESS:_} F: %ORv£v,RN DEZ x — z a C I TY A fi r as i r Page 2 _qf 2 Q 4.1 ;j.. iz ii x fkryM'4Y.. �F a ``''• "r�rGr �, � .,• t.. .3 r is 1 s YL a,, F's„p 7b�`sa -��} a-09 WEb 1 s i Z6 iGOA C117 OF MIAW FLQAiDA INTER -OFFICE MEMORANDUM TO; The Honorable Mayor and Members OAtE � , MAY 2 1989r of the City Commission Resolution Concerning Three Protests for the, Gonsultsnt Selection _ REMR of of the CityEwces ` Cesar H. Dd Administration Building phase II City Manager ErKxosuRea . _ FtF,COMMENDATiON s ef It is respectfully recommended that the decision id protests hibe Procurement officer relative ttaChetb esoiution confirming ana approved by adopting the. findings of the ` Chief Prthers Professionair' ratifying pro received for - concerning these pSO Architectural, Interior Design, and Engine rotits ro c eermeii ' City Administration Building, PhaseP denied Kurki &`Vera, Inc.` and Bosco, xirkiand, Architects beingup held. and the protest of Charles Harrison Pawley, et al., being BACKGROUND The Chief Procurement Officer, General Services 1'�ds+fnistration Department, hests relative to the, as reviewed three bdC3 rOAdninistr tion Building Y'3 consultant selection process for theY - Phase It. Ott January 23, 1989, the Department of Development. issued a request for proposals for Professional, Areh3tectural,:. interior Design, and Engineering Services for_Phase It o the City Administration Building project• Kurki f iled On March 9, 1989, the firm oc procurement The rDepartment of a protest with the Chief Pr s f Development had rejected tbi architectural and engineering osal clicenses. VProof submitted expired arc uired by the RFP documents, Page of current licensing was req8 section A(iv). A written confirmation received from the. State t; of Florida revealed tin fact, expired., as licenses hat the ional( ) was naessential requirement The licensing of the profes of the RPP • on,March 14,. 1989,;a protest was received from Charism Harrison Paw, et al. The Department Qf Development had rejected thi proposal because, although ` a copy of the architectur►1 license f Eat, the licenses for kW. � was received for t'he proposing h� �� additional' s rhitectuVal. firms listed-. in .the proposal. _docu"n 'I were `not sub®fitted: The protesting,�:vendor maintains .tl}et :D�4 architeotu#a t11i.�s prajnt including and ;'ts the prime'. consulting responsible for sealing alb plans X t�f . hi Y 1 r�-q. ik� ,x �'SS 4'•p SF"3 eY i• AS} Sa i YY {1� YG iP_ t24 i4K-, •1 ::8: --v ,.l. .....,.. - - - _ _ .. ..� - .. _ ,.., ."._. F.: �:.r_.. Act��;a�2„ � ,; :�»-1a�� - at r e 9 iw e n 1 s 8 3 1!'s G 0 A O Y oP MIAW. FLOPADA INTER -OFFICE MEMORANDUM TO; The honorable Mayor and Members °A MAY - 2 1989 �xt of the City Commission Ste: Resolution Concerning - Three Protests for the Consultant Selection FFKWCesar Process of the City l H. Od "Om"�Administration Building City Manager ENCLOSUMphase II X8C0MHZNDATIObt i - It is respectfully recommended that the decision of the Chief _ _. Procurement officer relative to three (3) bid protests be - approved by adopting the attached resolution confirming and = ratifying the findings of the Chief Procurement Officer _= concerning these protests received for the Professional,": s Architectural, Interior Design, and Engineering Services of -the" City Administration Building, Phase III protests of Bermello' Kurki i Vera, Inc. and Bosco, Kirkland, Architects being denied and the protest of Charles Harrison Pawleys at al., being upheld. BACKGROUND: The Chief Procurement officer, 'General Services Administration = Department, has reviewed three bid protests relative to the *_ consultant selection process for the City Administration Building *_ Phase II. on January 23, 1989, the Department of Development _f Issued a request for proposals for Professional, Architectural', Interior Design, and Engineering Services for Phase It of the City Administration Building project. On March 9, 1989s the firm of. Bermeilo, Kurki i Vera, Inc. filed .a protest with the Chief Procurement Officer. The Department:.,of - Development had rejected this firm's proposal because the vendor, submitted expired architectural and engineering licenses. proof - of current licensing was required by the RFP doeumentar, Page .8 section A(iv). A written confirmation received from the States of Florida revealed that these licenses had, in fact, expired, -_ The licensing of the professionals) was an essential requirement of the RrP. on March 140 1989, a protest was received fro& Charles'Harriaon Pawleys at al. The Department of Development bad r� jected this f `�T' proposal because, although a copy of the architectural 1,iQerlse L _ - was received for the proposing fir®, the licensers.; for twa �t, additional architectural firms listed in the proposal 'doceamanta, were not `.subuttted. The protesting vendor, maintains the prime consulting architectural firs and therafora` is` - responsible for sealing all plans -for this project, including and.gi . . ON The Honorable Mayor and Member* Of the City Commission Page 2 BACKGROUND: (CONT.) prepared by the other two firms. The proposal documents do not specifically prohibit this and in the proposal response from this firm, the fact that these two architectural companies were consultants or principal architects was not clear. The architectural love of the State of Florida allow consulting architects to give architectural advice to the architect who, being licensed in Florida, is the only one who can sign and seal drawings and give direct architectural services. Therefore, in the absence of a clear reason for denial, it is recommended that the Chief Procurement officer's decision upholding the protest be approved, -i A protest was also received from Bosco• Kirkland, Architects. However, it was rejected as being untimely because the City •Code requires, that such protest be made within 14 days after the s a ri d t k ld h — gg eve par y now$ or ahou ave known of the facts giving e rise to the action complained of. The protest was made 32`days after receiving the city's notification. ;a _ s_ i�. 1 d ,\ " ROM h+•