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Home My WebLink AboutR-88-1047J-88-1017 10/25/88 RESOLUTION NO. S8--104pr A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S REJECTION OF A PROTEST RECEIVED FROM ACE MUSIC CENTER IN CONNECTION WITH THE ORANGE BOWL TV/AUDIO SYSTEM AWARDED TO PROFESSIONAL SOUND & LIGHT SERVICES FOR THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES. WHEREAS, after receipt of informal bids on July 27, 1988 for the Orange Bowl TV/Audio System, the bid was awarded to Professional Sound & Light Services in the proposed amount of $45,000.00, the lowest responsive and responsible bidder; and WHEREAS, this award was made by the City Manager in accordance with Resolution No. 88-424; and WHEREAS, a telegram of protest was sent by Ace Music Center on August 8, 1988 and subsequent protests dated August 29, 1988 and September 13, 1988 were received and reviewed by the Chief Procurement Officer and rejected having been found to be without merit; and WHEREAS, Ace Music Center was properly notified of the Chief Procurement Officer's decision and findings which were approved by the City Attorney and City Manager; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Chief Procurement Officer's rejection of a protest received from Ace Music Center in connection with the Orange Bowl TV/Audio System awarded to Professional Sound & Light Services for the Department of Parks, Recreation and Public Facilities is hereby approved. CITY COMMISSION MEETING OF NOV 9 1988 RESOLUTION No. 58--104 'k` r Section 2. The recitals and findings contained in the preamble to this Resolution are hereby approved, confirmed and adopted by reference thereto and incorporated herein as if fully set forth in this section. Section 3.. The Chief Procurement Officer is hereby directed to furnish a copy of this Resolution to Ace Music Center and its attorney, the Law Offices of Cypen and Cypen. PASSED AND ADOPTED this 3rd ATTEST: �TTY HIRAI, CI ERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: I r4r\j C UORGE L.0 FERNJkNDEZ CITY ATTORNE RFC:bss:M839 day of Novamber , 1988. Ord XAVIER L. SUAR Z, MAY -2- 88-1047 �b CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission DATE 0 C T L 4 A FILE 1968-' SUBJECT Resolution of Bid Protest of ACE Music FROM Cesar H. Odi REFERENCES City Manager (3) ENCLOSURES. RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution approving the recommendation from the Chief Procurement Officer and concurred by the City Manager to reject the Ace Music Center protest. BACKGROUND: On May 12, 1988 resolution #88-24 was passed by the City Commission waiving formal competitive sealed bid procedures for the construction of the Orange Bowl Stadium Modernization Project - Phase I, further authorizing the City Manager to execute and/or issue the necessary documents, in a form acceptable to the City Attorney, with the successful bidder(s). On July 27, 1988 informal bids were opened and three bids were received for the Sound and TV System -Orange Bowl Stadium Press Box as follows: Professional Sound Systems - $45,000.00 Ace Music Center - 76,928.00 T. M. Sound - 86,820.80 The award was made to the lowest bidder meeting specifications (Professional Sound System) and the work was completed as specified. Subsequently on September 16, 1988 a protest was received from Ace Music Center regarding the awarding of the bid (see attached). The protest was reviewed by the Chief Procurement officer and found without merit. This finding was approved by the City Manager and duly notified to Ace Music Center. 55 U 825 ARTHUR GODFREY ROAD LAW OFFICES CYPEN & CYPEN P. O. sox 402069 MIAMI BEACH, FLORIDA 33140.0055 August 15, 1988 DELIVERED BY HAND VIA RUSH COURIER City of Miami, G. S. A. Chief Procurement Officer Procurement Office 1390 N.W. 20th Street - 2nd Floor Miami. Florida 33127 Re: Ace Music Center, Inc. Sound and TV System Our File No. 12161 Gentlemen: AREA CODE 305 MIAMI 532. 3200 •ROWARO 322.3200 TELECOPIER 535.0060 - Orange Bowl Stadium Press Box This office represents Ace Music Center, Inc. , one of the bidders on I the above -referenced project. i Our client has previously given written notice protesting the award ,if the •.,Lave project to Professional Sound and Light Services. This project should have been awarded to Ace Music Center, Inc. , the second lowest bidder, inasmuch as Professional was neither the lowest responsive nor responsible bidder. Our client does not at this time intend to institute legal action provided that the City of Miami follows the resolution of protest procedures provided by law and set forth in the special conditions for bid. Specifically, we would like an opportunity to meet with you, the City Manager, the City Attorney and representatives of the appropriate divisions responsible for the bidding to answer some of the more troubling questions surrounding the award of this bid, among which include the ' following: Why the bidding was delayed at the request and for the benefit of Professional; why Professional was awarded the bid without the required submission of evidence that it met the bidder qualifications; and why there has been an apparent waiver by the City of the requirement that the bidder furnish detailed shop drawings for the subject installation, upon which requirement Ace Music relied in submitting its bid. At the same time, we are very curious to know why the services of City of Miami August 15, 1988 Page - 2 - Ace Music Center, Inc. as consultant for this project, were abruptly terminated without explanation. Thank you for your prompt attention to this matter. Cordially yours, CYPEN & CY EN v - Myles ' Cypen FO Axe Firm MGC/sak V cc: Mr. Fred Rubin - Ace Music Center, Inc. his. Diane Johnson - Parks and Recreation Dept. Mr. Julio Fernandez - Communications Services Division Mr. Rod Sintow - Professional Sound and Lighting Services Mr. L. A. Brothers - Kunde, Sprecher, Yaskin and Assoc. Jorge Fernandez, Esq. - City Attorney Mr. Cesar Odio - City Manager J-88-439 4 /21 /88 RESOI,L�TION NO. A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS VOTE OF THE MEMBERS OF THE CITY COMMISSION (WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR CONSTRUCTION OF THE "ORANGE BOWL STADIUM MODERNIZATION PROJECT - PHASE I"; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID PROJECT CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE BIDS FOR THE CONSTRUCTION OF NECESSARY•IMPROVEMENTS AT SAID FACILITY UNDER SAID PROJECT; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $1,010,000 FROM THE ORANGE BOWL STADIUM MODERNIZATION PROJECT - PHASE I", PROJECT NO. 404237 FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER(S). WHEREAS, the City Manager has made a written finding that modernization of the orange Bowl Stadium constitutes a valid public emergency which requires the immediate procurement of construction services to protect the welfare, safety and convenience of the City; and WHEREAS, the nature of said emergency is based on the City's need for long-term tenants at said facility and upon the existing tenants' demand for major stadium improvements as a condition precedent to their execution of new use agreements; and WHEREAS, the City Commission initially recognized said emergency by its adoption of Resolution No. 88-339 on April 14, 1988; and WHEREAS, said Resolution also authorized a contract with Kunde, Sprecher, Yaskin & Associates, Inc., for the design, engineering and project management services for said stadium modernization; and WHEREAS, said consultant is in process of completing plans and specifications for the construction of said Phase I; and _ CITY COMM113'S1 0.� MEETING or MAY 12 1zow RESOLUTION tin. Rf t.1ARKS 88--t04T J-88-439 4 /21 /88 RESO),L�TION NO. � A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS VOTE OF THE MEMBERS OF THE CITY COMMISSION (WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR CONSTRUCTION OF THE "ORANGE BOWL STADIUM MODERNIZATION PROJECT - PHASE I"; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID PROJECT CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE BIDS FOR THE CONSTRUCTION OF NECESSAR)�-IMPROVEMENTS AT SAID FACILITY UNDER SAID PROJECT; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $1,010,000 FROM THE ORANGE BOWL STADIUM MODERNIZATION PROJECT - PHASE I", PROJECT NO. 404237 FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER(S)- WHEREAS, the City Manager has made a written finding that modernization of the Orange Bowl Stadium constitutes a valid public emergency which requires the immediate procurement of construction services to protect the welfare, safety and convenience of the City; and WHEREAS, the nature of said emergency is based on the City's need for long-term tenants at said facility and upon the existing tenants' demand for major stadium improvements as a condition precedent to their execution of new use agreements; and WHEREAS, the City Commission initially recognized said emergency by its adoption of Resolution No. 88-339 on April. 14, 1988; and WHEREAS, said Resolution also authorized a contract with Kunde, Sprecher, Yaskin & Associates, Inc., for the design, engineering and project management services for said stadium modernization; and WHEREAS, said consultant is in process of completing plans and specifications for the construction of said Phase I; and CITY C01%9+�15S!I-'.! MEETING or MAY 12 SOLUTION tin. MARKS s8-1o47 q WHERF,AS, it jr- necessary to begin Phase 1 construction by = June 1, 198S in order to mPet the tPnnnts' statpd completion (Jedciline of sepLemher 1, 100S, and N WHEREAS, said deadline does not allow sufficient. time for the formal advertising, receipt of bids, and iward of contracts which are normally required procedures; and WHEREAS, Sections 18-52.5 and 18-52.6 of the City Code make provision for the emergency procurement of required goods and services for public works projects and improvements; and WHEREAS, the City Manager and Director of the Department of Parks, Recreation and Public Facilities recommend that informal bid procedures be utilized to procure the needed services and or materials for Phase I construction; and WHEREAS, after receipt of informal bids, contracts for said services and/or materials will be awarded to the lowest responsive and responsible bidders by the City Manager; and WHEREAS, Ordinance No. 10433 adopted May 12, 1988, established the Orange Bowl Stadium Modernization Project - - Phase I within the City Capital Improvement Program and appropriated $1,010,000 for said Project; and WHEREAS, the foregoing is being presented at a properly advertised public hearing before the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: SECTION 1. The recitals contained in the preamble to this Resolution are hereby incorporated by reference thereto and adopted as if fully set forth in this Section. SECTION 2. The City Manager's finding that a valid public emergency exists justifying such waiver for said Project is hereby ratified, approved and confirmed. SECTION 3. By an affirmative vote of 4/5ths of the members of the City Commission, formal competitive sealed bid procedures for the procurement of services and/or materials for the construction of the "Orange Bowl. Stadium Modernization Project - Phase I" are hereby waived. -2- 88-i047 ,� 1 SECTION 4. The City Manager accept the lowest responsive and construction of said Project. is hereby aut'ior i zed to responsible bids for the SECTION S. An amount not to exceed $1,010,000 is hereby - allocated therefor from the "Orange Bowl Stadium Modernization Project - Phase I", Project No.404237 SECTION 6. The City Manager is hereby authorized to etecute and/or issue the necessary documents, in a form acceptable to the City Attorney, with the successful bidder(s) for the construction of said Project. PASSED AND ADOPTED this 12th day of May 1988. XAVIER L. S REZ M A Y O R ATTE T: 7�2z� 0(' --,, L- - re,� - a.-� MA IRAI, I Y C BUDGETARY REVIEW AND APPROVAL: MANOHAR SU ,J DIRECTOR MANAGEMENT AN -BUDGET DEPARTMENT PLANNING REVIEW AND APPROVAL: SERGIO RODRIGUEZ, DIRECTOR PLANNING DEPARTMENT PREPARED AND APPROVED BY: ,OeW4e.Oe "41ea' Ae4�r OBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY -3- FISCAL REVIEW AND APPROVAL: CARL GARCIA, DIRECTOR FINAkE DEPARTMENT APPROVED AS TO FORM AND CORRECTN9SS: r1 �) tICIA'A. DOUGHERTY ITY ATTORNEY I CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO Cesar H. Odio City Manager . 1 FROM Roh E. Williams, Director General Services Administration RECEIVED SEP 1 6 1988 DATES Sept. 15, 1988 FILE: SUBJECT REFERENCES ENCLOSURES One Resolution of Bid Protest, Ace Music Center, Inc. c,Yc n�� V �icf�c�s�G� a Attached is a cony of a letter from Cypen and Cypen which serves as Ace Music Center, Inc. official protest to the City of Miami in regard to the -award of Bid for the Sound and TV System - Orange Bowl Stadium Press Box. As Chief Procurement Officer, I have reviewed the protest and the procedures which have led to the award of Bid to Professional Sound and Light Services and have found Ace Music Center, Inc. protest to be without merit and it is hereby rejected by me for the following reasons: 1. Bidding was never delayed for any reason. All bidders were provided with the same opening date at the time the bids were sent. A check of the bids shows that all were received on or before July 27th, one day prior to the opening. 2. Professional Sound did provide evidence that it met the bidder qualifications as provided for on page two (2) of the bid specifications. 3. There was no waiver of the requirement that the bidder furnish detailed shop drawings, these _ drawings are presently at the Communications Shop, General Services Administration Department. 4. The services of Ace Music Center was the responsibility of the consultant. The City did not hire these services and, therefore, had no control over any termination. Their complaint needs to be addressed to the consultant. In accord with the provisions of Section 18-56.1(b) of the Code of the City of Miami, please sign below indicating your recommendation and approval of this bid protest resolution. APPROV APPROVED CITY4T TORNEY CITY MANAGER i J 7