Loading...
HomeMy WebLinkAboutR-88-0670AV BBB-b93 7/14/88 RESOLUTION NO. s8-67() A RESOLUTION ACCEPTING THE BID OF NICO INDUSTRIES, INC., IN THE PRUPOSEU AMOUNT OF $6.213.989.00, BASE BID PLUS ADDITIVE ITEMS #9 AND #11 OF THE PROPOSAL, FOR "COCONUT GROVE EXHIBITION CENTER - EXPANSION & RENOVATION", WITH MONIES THEREFOR ALLOCATED FROM THE "COCONUT GROVE EXHIBITION CENTER - RENOVATION & EXPANSION" ACCOUNT, PROJECT NO. 415002, IN THE AMOUNT OF $6,213,969.00 TO COVER THE CONTRACT COST; APPROVING THE DECISION OF THE CHIEF PROCUREMENT OFFICER TO REJECT A PROTEST RECEIVED IN CONNECTION WITH THIS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. WHEREAS, sealed bids were received July 7, 1988, for COCONUT GROVE EXHIBITION CENTER - EXPANSION & RENOVATION; and WHEREAS, monies are available for the proposed amount of the contract, project expense, and incidentals from the account entitled "Coconut Grove Exhibition Center - Renovation & Expansion", Project No. 415002, as per the Capital Improvements Program Appropriations Ordinance No. 10347, as amended; and WHEREAS, the City Manager and the Director of the Uepartment of Development recommend that the bid of NICO Industries, Inc. be accepted as the lowest responsible and responsive bid; and WHEREAS, a protest was received in connection with the award of a contract to NICO Industries, Inc., which protest has been rejected by the Chief Procurement Officer of the City of Miami; MEETING Or' JUL 114 1968 ESOLUTION No. 88-6 / V EMARKS: 44 At NOW, THEREFURE, BE IT RESULVEU BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The July 1, 1988. bid of NICO Industries, Inc. in the proposed amount of $6.213.989.00, for the project entitled Coconut Grove E x h i b i t o n Center - Expansion & Renovation, for the base bid plus additive items #9 and #11 of the proposal, based on lump sum prices, is hereby accepted at the price stated therein. Section 2. The amount of $6,213,989.00 is hereby allocated from the account entitled "Coconut Grove Exhibition Center Renovation & Expansion", Project No. 415002, to cover the cost of said contract. Not less than 7 days before the execution of said contract, a copy of the same shall be delivered to Vice Mayor Kennedy and Commissioner J. L. Plummer, Jr. Further, NICO Industries, Inc., shall have submitted a list of subcontractors/suppliers and/or materialmen whose majority of ownership interest shall be held by minorities as required by the City Minority Procurement Ordinance and said subcontractors/suppliers and/or materialmen shall have been certified as minority by the City's Minority Procurement Officer. Section 3. The City Manager is hereby authorized to enter into a contract on behalf of the City of Miami with NICO Industries, Inc., for Coconut Grove Exhibition Center - Expansion & Renovation, base bid plus additive items #9 and #11 of the proposal. Section 4. The decision of the Chief Procurement Officer, which rejected a protest in connection with this award of contract, is hereby approved and ratified. • Aq AIP PASSED AND ADOPTED 'this 1988, ATTEST: r� A Y HIR Imo, MY CLERK PREPARED AND APPROVED BY: R 0 B E R F//� 'LARK CHIEF DEA Y CITY A R E APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNA D 7Z CITY ATTORNEY BUDGETARY REVIEW N,O MANOHAR URANA DIRECTOR OF BUDGET i CAPITAL PROJECT IGUEZ TOR OF PLANNING APPROVED EXPENDITURE CARL S GARCI DIRECTOR OF FINANCE Il BID SECURITY mo Coconut Grove Exh. Center -Expansion lIAi RECtivtO July 7, 1988 11 :00am 7nd Renovation7ndBidding) 87-88-121 TYPE OF SECURITY �IO�EU TOTAL "Owl N.I.C.O. Industries,Inc $5,999,407.00 5` BB Glen Const. Co. of South c of Florida, Inc $6,193,840.00 5g, BB Lear Construction Management Corporation $6,374,000.00 $441,025 BB i _/���' _/-Gc_ �Gr•� 1L f�" r- /� 46e xtL:t tvED On b*,D€! _ ; /PUBLIC WORK S envelopes. SIGNED: DATE: % !7 7 SeCeIV0I so skews, de(vtked e6ek• Kt• rey •1 �s� e01, acce)UNT!"C DIVISION Bid No. 87-8 8-121 ADVERTISEMENT FOR BIDS Sealed bids for "COCONUT GROVE' -EXOB ITI-ON CENTER - EXPANSION & RENOVATION", (SECOND BIDDING) B-3227 will. be received_ by the City Manager and the City Clerk of the City of Miami, Florida at (11:00 a.m. -on the 7th day of July, 1988,) at the City Clerk's Office, first floor ;)t the Miami City Hall, 35UO Pan American give, Dinner Key, Miami, Florida, 33133, at which time and place they will be publicly opened and read. The project consists of additions and renovations to the Coconut Grove Exhibition Center to provide extended facilities for exhibitions and events in the form of a complete addition of approximately 45,000 square feet. The project is located west of Pan American Drive, at Dinner Key. Bidders will submit performance and bid bonds in accordance with Resolutions No. 86-963 and No. 87-915. For clarification of technical issues as presented in the construction documents and specifications please contact Jorge Iglesias or Alicia Garcia, of Spillis, Candela & Partners, at (305)444-4691. Other questions may be referred to Juanita Shearer, City of Miami Department of Development, at (305)372-4590. Prospective bidders will be required to submit, with their bid, a copy of the appropriate Certificate of Competency, as issued by Dade County, which authorizes the bidder to perform the proposed work. All bids shall be submitted in accordance with the Instructions to Bidders and Specifications. New City regulations will require each bidder to submit proposals in duplicate originals. Plans and specifications may be obtained from the office of the Director of Public Works, 275 N.W. 2 Street. 4th floor, Miami, Florida, 33128, on or after June 21, 1988. Plans and specification, as issued for the first bidding, have not changed; interested parties still holding said plans and specifications are authorized and urged to use these in preparation of their bids. There will be a $50 deposit required for each set. Deposits will be refunded only upon return of plans and specifications to the Department of Public Works, unmarked and in good condition within two (2) weeks after the opening of the bids. Bidders are alerted to the provisions of Ordinance No. 10062 regarding allocation of contracts to minority vendors. Portions of this project have been designated as black minority set -aside work. In addition, there is a goal of 17% subcontracting participation for both hispanic and women owned firms. Acceptable proposals must include the appropriate letters of intent to fulfull the above. Minority owned firms must he certified prior to the submission of the bid; please contact Adrienne Macbeth at (305)579-6385. The City will expect prospective bidders to submit an Affirmative Action Plan, as defined in said Ordinance, and as required in the Instructions to Bidders. The City of Miami has adopted Ordinance No. 10032, which implements the "First Source Hiring Agreement." The object of this ordinance is to provide employment opportunities to City of Miami residents on contracts resulting in the creation of new permanent jobs. Contractors may be eligible for wage reimbursement under this program. For further information contact the Department of Public Works, City of Miami, at (305)579-6856. Proposal includes the time of performance, and specifications contain provisions for liquidated damages for failure to complete the work on time. The City Commission reserves the right to waive any informality in any bid, and the City Manager may reject any or all bids, and readvertise (B-3227 Req. 5513). This announcement replaces the one issued under Bid Nn. 87-88-092. Cesar H. Odio City Manager rAM DEPT'DIV. ACCOUNT CODE DATE __ PREPARED BY - Publish the attached advertisement Type of advertisement: legal _ (Check One) Size: First four words of advertisement: _ Remarks: n(; REQUISITION FOR ADVERTISEMENT This number must appear in the advertisement. PHONE APPROVED BY: DIRECTOR OF ISSUING DEPARTMENT times. (number of times) classified — display Starting date DO NOT TYPE BELOW THIS LINE. FOR USE OF FINANCE DEPARTMENT ONLY. LINE PUBLICATION DATE(S) OF ADVERTISEMENT INVOICE AMOUNT 0 A-1 B-2 C-3 D-4 E-5 F3 F4 F5 F7 F8 F9 F10 F11 F12 LINE TRANS VOUCHER YDUE DATE Y MM DIDAdv. Doc. Reference VENDOR INDEX CODE OBJECT PROJECT 11 13 17 18 25 34 39 42 45 50 51 56 57 62 63 65 66 71 0 1 2 4 1 V P 2 10121 2 8 7 1 2 7 8 V P 12 13] 14 rl5 DESCRIPTION 36 64 DISCOUNT 69 72 AMOUNT 80 5 2 .314 0 0 2 0 1 White - Purchasing Yellow - Finance Pink - Department ■1 Approved for Payment "S"6'70 tMPORfiAI'T 7 — .- a+ ADDENDUM9 i yr. w yr. i CITY OF!:M1AMI, FLORIDA Department of Public Works ADDENDUM NO. 2 ISSUED JUNE 30, 1988 TO BIDDING AND CONTRACT DOCUMENTS FOR COCONUT GROVE EXHIBITION CENTER - EXPANSION AND RENOVATION (SECOND BIDDING) B-3227 ALL BIDDERS ARE HEREBY NOTIFIED AS FOLLOWS: Change 1 of 1: Corrections and/or changes to the Specifications and Plans are noted on the attached sheet. THIS ADDENDUM IS AN ESSENTIAL PART OF THE CONTRACT DOCUMENTS AND SHALL BE MADE A PART THEREOF. DONAL W. GATHER, DIRECTOR 40 ` S-6'70 1 : MORTANT ADDENDUM CITY' OrI:,%l2AMI FLORIDA Department of Public Works ADDENDUM 240. 2 ISSUED JUNE 30, 1988 TO BIDDING A14D CONTRACT DOCUMENTS FOR COCONUT GROVE EXHIBITION CENTER - EXPANSION AND RENOVATION (SECOND BIDDING) B-3227 ALL BIDDERS ARE HEREBY NOTIFIED AS FOLLOWS: Change 1 of 1: Corrections and/or changes to the Specifications and Plans are noted on the attached sheet. THIS ADDENDUM IS AN ESSENTIAL PART OF THE CONTRACT DOCUMENTS AND SHALL BE MADE A PART THEREOF. DONAL15 W. CATHER, DIRECTOR ` S-6'70 F 171 CITY OF MIAMI COCONUT GROVE EXHIBITION CENTER EXPANSION AND RENOVATION MIAMI, FLORIDA JOB NO. B03227 SECOND BIDDING ADDENDUM 2 JUNE 29, 1988 CONTRACT DOCUMENTS ARE AMENDED AS FOLLOWS: PROJECT MANUAL: SUBCONTRACTORS LIST: Page 2, at end ADD: "Fire Protection Work". SECTION 08330 - OVERHEAD COILING DOORS: Page 08330-1, Subparagraph 2-02 A., second line, CHANGE "similar to F-3 Flat Slat" to "similar to C-3 Curved Slat". SECTION 10620 - MOVABLE PARTITIONS: Page 10620-1, Subparagraph 2-01 A.(1) CHANGE to read: 11(1) Panelfold "Model Moduflex 810, Type 5 Header" SECTION 15330 - WET PIPE AUTOMATIC SPRINKLER SYSTEMS: Page 15330-4, Subparagraph 2-06 A. CHANGE to read: "A. Exhibition Areas: Model "A", center strut, includes escutcheon plate." DRAWINGS: SHEET S-12: Demolition Plan, CHANGE "Alternate 11" TO " Base Bid". SHEET A-16: Ground Floor Kitchen Plan (Demolition), CHANGE fourth note on right hand side of plan reading: "Relocate exist. hood" TO "Remove exist. hood". SHEET E-8: Mezzanine Plan Power and Demolition, CHANGE note reading "Existing sound system. ... .(Alternate No. 3)" TO "Existing sound system.... (Alternate No. 2)." END OF SECTION Project No. G-7016 ADD. 2-1 f'S-s70 01 CITY Ot: M16W. 4NrR?4-OFFICE MEM(DF,!IkND(JM to q r Matti Hirai July la, 1988 City Clerk gid Protest aid W-88-102 F R O FA Roh P,. Will'i'aosj Director General Services Adminiatration Attached is a copy for your records of the letter resolving the protest to bid #87-88-102, Coconut Grove Exhibition Center Renovation and Expansion Project. %qS-670. L ttlt of 1HU11111 C.ESAR H Omo •,[ `I..�cw1 , ! M f'r IA f. \\ 11.11o�. July 14, 1988 R. Benjamine Reid, Esq. Kimbrell b Hamann 799 Brickell Plaza, Suite #900 Miami, FL 33131-2805 Dear Mr. Reid: Re: Coconut Grove Exhibition Center Renovation and Expansion Project Bid No. 87-88-102 I, as Chief Procurement Officer of the City of Miami, have read your bid protest filed on behalf of Glen Construction Company of South Florida Inc., ("Glen Construction Company"), talked with the City departments 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 for the reasons set forth below. The City Manager and City Attorney have approved my determination and will submit it to the City Commission, whose decision shall be final. The reasons that your protest lacks merit are as follows: 1. Nico Industries Inc., perhaps inadvertently, inattentively or erroneously understood the total base bid as being inclusive of all items: A, B and C to total $5,999,407.00. This was either an unilateral misinterpretation of the contract document instructions or a clerical scriveners error. In either event, the result is a total base bid of $5,999,407.00, the lowest price from a responsible responsive bidder. The City in order to obtain the lowest price and quickly proceed with this project may award the contract to Nico Industries Inc. 2. Glen Construction Company was not the low bidder. Mere mathematics reveals that Glen Construction Company's total base bid is $6,193,840.00 and Nico Industries Inc.'s is $5,999,407.00. `S_670 i fir. Reid t2- July 14, 1988 3. N i c o Industries Inc. 's Bid is responsive. Nico Industries Inc. agreed to do all of the work and provide all of the specified materials, supplies, equipment and labor per the terms of the contract documents. It is a responsible and responsive bidder. It simply made a mistake or misunderstanding in calculating its bid amount, which the office of the City Attorney has advised that Florida Case Law states, a mistake in price alone does not render a bid unresponsive but rather the City may take advantage of the lower (mistaken) price for its taxpayers' benefit. For the foregoing reasons, I am rejecting your bid protest. �er/y truly.yours, / r Ran E. Wi T� i ams Chief Procurement Officer :, Approved: esar io City Manager Approved as to Form and Correctness: cc: Glen Construction Company `SS'-670. r IT V n► MIAMI. r t (%NihA 4�- e�i5 INIF"-OFFIC.F MEMoPANOUM ,n Honorable Mayor and Members ,,AID , B - 3 2 2 7 of the City Commission Resolution Awarding Contract COCONUT GROVE EXHIBITION CTR- EXPANSION A RENOVATION Cesar H. Odio City Manager RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution accepting the low bid of NICO INDUSTRIES, INC., for Coconut Grove Exhibition Center - Expansion b Renovation, received July 7, 1988 in the amount of $6,213,999.00, Base Bid plus Additive Items 09 and #11 of the proposal; approving the decision of the Chief Procurement Officer to reject a protest received in connection with this project; and authorizing the City Manager to enter into a contract on behalf of the City. BACKGROUND The Department of Development has evaluated the bids received July 7, 1988, and determined that the lowest responsible and responsive bid, in the amount of $6,213,989.00 is from NICO Industries, Inc., a non -minority controlled corporation. Three bids were received. A formal protest was received from the apparent second low bidder, which protests has been resolved by the Chief Procurement Officer of the City. Funds are available to cover the contract cost and for such incidental items as postage, blueprinting, advertising, and reproduction costs as per the Capital Improvements Program Appropriations Ordinance No. 10347, as amended. Total funding for the project, in the amount of $7,000,000, will be as follows: $5,000,000 contribution from the Miami Sports R Exhibition Authority, and $2,000,000 proposed debt issuance. Resolution attached ` S--6'70 `A-6'7o ft E 'fS CITY OF MIAM1. FLORIDA r ; INTER -OFFICE MEMORAN,WM� � Cesar 11. od i o DATE City Manager SUPJFCT "tOM Adrienne M. Macbeth, Coordinator i7FFEAFNrES Office of Minority/Women Business Affairs FNCI oSU RFS July 11, 1988 F,LE Hid Analysis/Coconut Grove Exhibition Center Minority Participation The three bids for the Coconut Grove Exhibition Center Renovation and Expansion project have been received and I have analyzed the minority participation sections. on second bidding the requirements for minority/female participation included Black set -asides for Landscaping, Irrigation, Metal Furring and Lathing, Cement Plaster and Stucco, Gypsum Board Systems, Ceramic Tile, Painting, Mechanical and Electrical; a twenty-five percent (25%) requirement for Hispanic participation and the goal of seventeen percent (17%) for female owned firms, as per ordinance #10062. N.I.C.O. Industries, Inc. Base Bid: Black Participation Landscaping/Bannerman Landscaping Irrigation/A1 Hill Plumbing Metal Furring & Lathing/Al Martin Gypsum Board/Al Martin Cement&Plaster&Stucco/A1 Martin Ceramic Tile/Ocean Services Corp. Painting/Ron's Painting Mechanical/B.D.J. Mechanical Electrical/Clearview Electrical Plumbing/Reed Junior Plumbing $5,999,407 100% 1,676,839 28% 180,000 35,000 168,000 ** 75,000 539,459 543,000 135,580 *Amount for Irrigation Work included in Other Item Total & would have 'the effect of increasing Black subcontractor participation. **Included in Al Martin total for Gypsum Board and would not alter the amount of Black subcontractor participation as indicated. Hispanic Participation 1,469,000 251 Fire Sprinklers/Firepak, Inc. 403,000 Glazing/American Glass & Mirror 71,000 Masonry& Concrete Steel/N.J.M. Builders 995,000 Female Participation 248,000 4• Exterior Signs/Builders Specialties 248,000 98—sic 14 -2- Glen Construction Base Bid: Black participation Landscaping/S & S Contracting Irrigation/Not Indicated Metal Furring & Lathing/Al Martin Gypsum aoard/Universal Drywall Cement&Plaster&Stucco/AI Martin Ceramic Tile/Not Indicated Painting/Jaspers Paint Service Mechanical/Manny & Lou Electrical/Magic City Electrical Plumbing/Reed .junior Plumbing $6,193,840 100% 1,681,000 27% 118,000* 175,000 45,000 Included 134,000 537,000* 530,000 132,000 in Al Martin *Participation Not Accepted - S & S Contracting Registered as Cement Contractor. Manny & Lou not registered and no verification provided by bidder as to minority status or trade. Would have net effect of not meeting requirements for Black subcontracting. Hispanic Participation 1,214,000 191* Paving/S.F. Paving Contractors 350,000 Pin Piles/Pan American Fdn. Corp. 71500 Concrete Work/CAP Construction Co. 50 0,000 Insulating Concrete/Roof Decks Int. 90,000 Metal Fabrication/Anvil 100,000 Cabinet & Millwork/F.P. Millwork Inst. 7,000 Roofing & Roof Hatches/AIA Waterproofing 80,500 Flashing & Sheet Metal/AlA Waterproofing 10,000 Metal Louvers & Exterior Signs/Builders Spec. Curtain Wall Design/Not Indicated 60,000 Signs/Designs By Abracadabra 6,000 Blinds/Cali Mfg. Corp 3,000 *Does not meet requirement subcontracting for Hispanics. Female Participation Carpeting/Carpet Lady for twenty-five percent 11,000 .21 11,000 (25%) 98-670 14 a -3- Lear construction Base aid: $6074,000 100% Black Participation 2t010,600 31% Landscaping/S & S Contractors 1190000* Irrigation/Not Indicated Metal Furring & Lathing/Al Martin 163,000 Gypsum Board/A] Martin(included Above) Cement&Plaster&Stucco/Jackson Terrazzo 320,000 Ceramic Tile/ocean Services Corp. 7,600 Painting/Ron's Painting 75,000 Mechanical/Falcon/zeigler 547,000* Electrical/Clearview Electrical 540,000 Plumbing/Reed Junior Plumbing 132,000 *Participation not accepted - S & S Contractors registered as Cement Contractors; Falcon is Hispanic contractor & Zeigler is Plumbing Contractor. Has the effect of not meeting requirements for Black set -aside in trades indicated. Hispanic Participation 606,150 9% Steel Roof Deck & Insular Ent./Roof Decking International 91,000 Alum. Entrances/American Glass & Mirror 59,300 Carpet/Custom Broadloom Services 13,850 Prefab Booths/Marnan Fabrications 37,000 Fire Protection/Firepak 405,000 Female Participation 232,000 41 Movable Partitions 232,000 98-6'70 a A -4- Recommendation It is the recommendation of the Office of Mihority/Womeh Business Affairs that the award to N.I.C.O. Ihdustries, Inc., apparent lowest bidder, contain the following requirements: 1) Price for Irrigation Services to be provided by Al Hill Plumbing be specified prior to bid award. 2) Price for Tile work to be provided by ocean Services Corp. be specified prior to bid award. 3) The role and cost of services to be provided by N.O.G.A. (identified as Hispanic vendor) be identified. This would increase the twenty-five percent (25%) Hispanic subcontracting provided for in the bid. 4) The role and cost of services to be provided by DEBESA (identified as Female Vendor) be identified. This would increase the percentage of Female participation in the bid. 5) Certification of the. following vendors as minority/women owned firms be processed within two weeks following bid award or stipulation be provided for in the contract that certified minority/women firms will replace those provided in original bid for same trades and/or supplies: Ocean Services Corp. (B), Firepak, Inc. (H), American Glass & Mirror (H), N.J.M. Builders (H), NOGA (H), and Builders Specialties (F). cc: Juanita Shearer, Development Department Eugene Pelaez, Public Works Department Rafael Suarez -Rivas, Law Department Ron E. Williams, Director, G.S.A. 98-6'70 Litli of liallll CF ,An li ntII7 I III r.AtIAr:r tl July 14, 1988 R. Benjamine Reid, Esq. Kimbrell & Hamann 799 Brickell Plaza, Suite #900 Miami, FL 33131-2805 Dear Mr. Reid: r n Pnr 7[fP r.UAr.i rt,nr7mA »pa, r�•nn jn, �?o rnnr, Re: Coconut Grove Exhibition Center Renovation and Expansion Project Bid No. 87-88-102 I, as Chief Procurement Officer of the City of Miami, have read your bid protest filed on behalf of Glen Construction Company of South Florida Inc., ("Glen Construction Company"), talked with the City departments 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 for the reasons set forth below. The City Manager and City Attorney have approved my determination and will submit it to the City Commission, whose decision shall be final. The reasons that your protest lacks merit are as follows: 1. Nico Industries Inc., perhaps inadvertently, inattentively or erroneously understood the total base bid as being inclusive of all items: A, B and C to total $5,999,407.00. This was either an unilateral misinterpretation of the contract document instructions or a clerical scriveners error. In either event, the result is a total base bid of $5,999,407.00, the lowest price from a responsible responsive bidder. The City in order to obtain the lowest price and quickly proceed with this project may award the contract to Nico Industries Inc. 2. Glen Construction Company was not the low bidder. Mere mathematics reveals that Glen Construction Company's total base bid is $6,193,840.00 and Nico Industries Inc.'s is $5,999,407.00. a8--670 Mr. Reid "2- July 14, 088 3. Nico Industries Inc.'s Bid is responsive. Nico Industries Inc. agreed to do all of the work and provide all of the specified materials, supplies, equipment and labor per the terms of the contract documents. It is a responsible and responsive bidder. It simply made a mistake or misunderstanding in calculating its bid amount, which the office of the City Attorney has advised that Florida Case Law states, a mistake in price alone does not render a bid unresponsive but rather the City may take advantage of the lower (mistaken) price for its taxpayers' benefit. For the foregoing reasons, I am rejecting your bid protest. Ver tru y,yo rs, R n E. Wd lams Ch of Procurement Officer it Approv, d: Cesar H. Odio — City Manager Approved as to Form and Correctness: cc: Glen Construction Company 98-670